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R-2012-065-2012-05-21RESOLUTION NO. R2012-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE STATE HIGHWAY 35 WATERLINE EXTENSION PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the State Highway 35 Waterline Extension Project, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Reddico Construction Company, in the amount of $262,529.25. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the State Highway 35 Waterline Extension Project. PASSED, APPROVED and ADOPTED this the 21st day of May, A.D., 2012. -)ovk<JQ&L..Q., TOM REID MAYOR ATTEST: UNMC ITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY St Project Manual{ for 4vy35 Et Magnolia IIi ter Si`f ©d South 1 Associated Resolution No R2012-65 e 1,(�¶u+ ���\\\\ %/�%� j/may �`"{'(J ��„,�, �/y,,t,,,„,(D i o.: 03' r° RIC;;;R6:4..,-,GOLDEN d .$1: 943 0 4 0 lP$p8d�og�Q,.®���Po� Prepared By. -414711. N`�'�`a. April 9, 2012 HRG•een.com 11011 Richmond Avenue, Ste. 375 Houston, TX 77042 HRGreen (713) 965-9996 Phone (713) 965-0044 Fax Project Manual for: State Highway 35 Waterline Extension Magnolia Road South COP Project No.: WA 1102 Bid No.: 0312-27 April 9, 2012 Prepared By HRGreen.com 11011 Richmond Avenue, Ste. 375 Houston, TX 77042 HKGreen (713) 965-9996 Phone (713) 965-0044 Fax CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS (Items in Bold refer to the standard City of Pearland documents.) SECTION TITLE DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS NO. OF PAGES 00100 Invitation to Bid 3 00200 Instructions to Bidders 8 00300 Bid Proposal .2 00500 Standard Form of Agreement 7 00610 Performance Bond .2 00611 Payment Bond 2 00612 One -Year Maintenance Bond 2 00615 Partial Waiver of Lien. 1 00700 General Conditions of Agreement 58 00800 Special Conditions of Agreement .2 00811 Wage Scale for Engineering Construction 4 00900 Addendum Number 1 .2 DIVISION 1— GENERAL REQUIREMENTS 01100 Summary of Work. .2 01140 Contractor's Use of Premises... ...4 01200 Measurement and Payment Procedures ...... ...3 01290 Change Order Procedures ...... 4 01310 Coordination and Meetings. ... 3 01350 Submittals ... ...7 01380 Construction Photographs ... 3 01420 Referenced Standards 5 01430 Contractor's Quality Control 2 01440 Observation Services 1 01450 Testing Laboratory Services ... 3 01500 Temporary Facilities and Controls 9 01505 Mobilization ...1 01550 Stabilized Construction Exit 4 01555 Traffic Control and Regulation ....4 01560 Filter Fabric Fence... 3 01561 Reinforced Filter Fabric Barrier 3 01562 Waste Material Disposal 3 01563 Tree and Plant Protection 4 01564 Control of Ground Water and Surface Water 8 01565 TPDES Requirements. 3 01566 Source Controls for Erosion and Sedimentation ... 5 01570 Trench Safety System 4 01580 Project Identification Signs 4 00010 - 1 of 2 CITY OF PEARLAND TABLE OF CONTENTS 01600 Material and Equipment 3 01630 Product Options and Substitutions ... 3 01720 Field Surveying 2 01750 Starting Systems .2 01760 Project Record Documents ...... 2 01770 Contract Closeout ... 2 DIVISION 2 — SITE WORK 02200 Site Preparation .... ... 4 02220 Site Demolition ... ... 5 02252 Cement Stabilized Sand .... ... 5 02255 Bedding, Backfill, and Embankment Materials 7 02318 Excavation and Backfill for Utilities ... 13 02322 Flowable Fill 3 02370 Geotextile .. ........ .2 02417-S Special — Augering Pipe or Casing for Water Lines 1 02417 Augering Pipe or Casing for Water Lines. 6 02510 Water Mains 9 02511 Water Meters ...... ....2 02512 Polyethylene Wrap ...... 4 02514 Fire Hydrant Assembly ... ... 7 02515 Water Tap and Service Line Installation ... 6 02520 Valve Boxes, Meter Boxes, and Meter Vaults .... 4 02534 PVC Pipe 6 02540 Tapping Sleeves and Valves 3 02541 Water and Wastewater Line Valves ... 8 02634 Ductile Iron Pipe and Fittings..... 5 02635 Steel Pipe and Fittings .... 10 02636 Polyurethane Coating on Steel or Ductile Iron Pipe 6 02910 Topsoil.. .... 3 02921 Hydromulch Seeding .. ... .... 4 02922 Sodding. .... ... ... 4 02931 Landscape and Tree Planting 15 02980 Pavement Repair and Resurfacing... ... .... 3 APPENDIX A — PHASE 1 ENVIRONMENTAL SITE ASSESSMENT APPENDIX B — GEOTECHNICAL REPORT END OF SECTION 00010 - 2 of 2 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: www.cityofpearland.org/bids. 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. For more information regarding registration instructions, See, INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebids@ci.pearland.tx.us. All Bids submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Bids, shall be submitted on the form provided in the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581 Electronic bids will be accepted until 2:00 p.m., Thursday, May 3, 2012. All Bids shall reference the following project information in the appropriate locations in provided electronic format. All properly submitted bids shall be publicly "opened" and read aloud into the public record following the closing of the acceptance period for the construction of: State Highway 35 Waterline Extension City of Pearland, Texas COP PN: WA1102 BID NO. 0312-27 A mandatory pre -bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581 at 2:00 p.m. on April 26, 2012. The project will entail the construction of a 16-inch waterline in Pearland, TX along the west side of State Highway 35 (SH 35/Main Street) starting at Magnolia Road and extending approximately 1,850 linear feet to the south. Connections to the existing waterline on the north and south side of the proposed waterline will be included, as well as fire hydrant and meter connections. An existing 8-inch waterline will be filled with flowable fill and abandoned once construction of the proposed 16-inch waterline is completed. Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to, all transmittals and material submittals, RFI's, RFC's, Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer This system has certain hardware, internet access and operation requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200 12,/2011 00100 - 1 of 3 CITY OF PEARLAND INVITATION TO BID Electronic Bid Documents. including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: www.cityofpearland.org/bids upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. City of Pearland, City Hall Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 Amtek Plan Room 4001 Sherwood Houston, TX 77092 The Associated General Contractors of America, Inc. 2400 Augusta, Suite 180 Houston, TX 77057 Associated Builders & Contractors of Greater Houston 3910 Kirby, Suite 131 Houston, TX 77098 Dodge Reports 10606 Hempstead Rd., Suite 110 Houston, Texas 77092 (281) 652-1600 (713) 956-0100 (713) 334-7100 (713) 523-6222 (713) 316-9411 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s) Bid Security and Bonds. Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. Bidders submitting bids electronically through the E-bid System shall scan and up -load a copy of the sealed Bid Bond as an attachment to their bid. Original Bid Bonds shall be delivered to the City's Purchasing Officer prior to the opening of bids. Bid bonds shall be delivered to Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 12,/2011 00100 - 2 of 3 CITY OF PEARLAND INVITATION TO BID The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Department Circular No 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin Selection Criteria. If the Contract is to be awarded on the basis of Lowest Responsible Bidder 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 or Alternates. If the Contract is to be awarded on the basis of provision of the "Best Value", the City of Pearland may consider. 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services, 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs, 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities, 7) total long-term cost to Owner to acquire Bidder's goods or services, 8) the Qualifications of Bidders, including Financial Statements of Bidders, identified in the Instructions to Bidders, and 9) any other relevant criteria specifically listed in the Bidding Documents. The City of Pearland reserves the right to reject any or all bids. A bid that has been "opened" may not be changed for the purposes of correcting an error in the bid price. Young Lorfing, TRMS City Secretary, City of Pearland First Publication date April 18, 2012 Second Publication date April 25, 2012 12,/2011 00100 - 3 of 3 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS 1 Defined Terms 1 1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City" Both terms are synonymous and refer to the City 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). 1.3 The term "E-bid System" refers to the City's electronic bidding system. This is a web - based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids in response to advertisement and invitation. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Owner by way of the E-bid System. The terms "electronic bid" or "e-bid" are used inter -changeably to describe the above bid process to submit an authorized bid to the City in response to an Invitation to Bidders. 14 The term "Pro-Trak" means the City's web -based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Bidder at the pre -Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at www.citvofoearland.org/bids, Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier Potential Bidders MUST REGISTER as a "Supplier" by clicking on the Supplier Registration button and completing the registration form. Registrants must provide data for all categories marked with a "*" and must select the following project bid categories. Building Construction Services, New (includes Maintenance and Repair) Construction Services, General " Construction Services, Heavy " 46 '' 12/2011 00200 - 1 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Construction Services, Trade (new construction) Select the appropriate Time Zone for the Bidder's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, "suppliers" will receive emails notifying of bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to ebids@ci.pearland.tx.us 3 Copies of Bidding Documents 3 1 Complete sets of "electronic" Bidding Documents are available for download to registered Bidders at No Cost from the City's E-bid System at: www.cityofpearland.org/bids. Interested Bidders must register as a "Supplier" on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer All Bid Documents are available to download and print. 3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Bid Documents automatically ensures receipt of any and all subsequent communications from the City or its Engineer 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses fisted in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub -bidders bidding to the Bidder, register as a Supplier and download the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals, neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents including, but not limited to all Addenda issued prior to bid. 3 4 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 4 Qualifications of Bidders 4 1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 15 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. 12/2011 00200 - 2 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope, 2) A list, including owner name and project location, of on -going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3) A list of proposed subcontractors and suppliers for the project being bid, 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder 5 Examination of Contract Documents and Site 5 1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f) to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 5 4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems 12/2011 00200 - 3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5 6 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5 7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6 Interpretations and Addenda 6 1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Bidders in the City's E-bid System. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's E-bid System. 7 Bid Security 7 1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond ("Bid Security"). 7.2 Bidders filing 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 Bid Bonds shall be delivered to the City's Purchasing Officer prior to the opening of bids. Bid bonds shall be 12/2011 00200 - 4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS delivered to Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement, and furnished the required Performance and Payment Bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security The Bid Security of other Bidders will be retained until after the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by such Bidders will be returned. 8. Contract Time 8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time") All references to "time" or "days" shall be interpreted as consecutive calendar days. 9 Liquidated Damages and Early Completion Bonus 9 1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 10 Substitute or "Or -Equal" Items 10 1 The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or -equal" references shall be interpreted to mean "or approved equal" The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 11 Bid Form 11 1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any Incomplete Bid Proposals may be cause for rejection. 11.2 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) 12/2011 00200 - 5 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS and the corporate seal must be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation must be shown below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.3 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11 4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 11.6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 12. Submission of Bid Proposals 12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City's E-bid System electronic bidding software. All Bidders utilizing this system MUST register as a potential supplier, (Bidder) E-Bids are submitted directly via the City's Web based system located at www.cityofpearland.orci/bids. Bid Proposals submitted after the bid date and time will be rejected. 13 Modification and Withdrawal of Bid Proposals 13 1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without prejudice. 13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 13.3 A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. 13 4 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or, at the discretion of the Owner, Owner may make a claim against the bid security Thereafter, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 12/2011 00200 - 6 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 14 Opening of Bid Proposals 141 Bid Proposals will be opened and (unless obviously non -responsive) read aloud publicly An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 15 Bid Proposals to Remain Subject to Acceptance 15 1 All Bid Proposals will remain subject to acceptance for sixty (60) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 16 Award of Contract 16 1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder Owner may reject a bid as non -responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents, 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal, 4) Bidder qualifies its Bid Proposal, 5) Bidder tardily or otherwise improperly submits its Bid Proposal, 6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders, or 7) Bid Proposal is otherwise non -responsive. Contracts are awarded on the basis of one of the following criteria. A) provision of the "Best Value" or B) Lowest Responsible Bidder 16.2 Best Value In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services, 3) quality of Bidder's goods or services, 4) extent to which the goods or services meet the Owner's needs, 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities, 7) total long-term cost to Owner to acquire Bidder's goods or services, 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. A contract to be awarded to the Bidder offering the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. 16.3 Lowest Responsible Bidder In determining Lowest Responsible Bidder, Owner will consider- Lowest Total Bid price for all work including Base Bid, Extra Work and Alternates, if any, and any other cost criteria. Additional evaluation criteria may include- the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of 12/2011 00200 - 7 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre -bid meeting 16 4 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 17 Contract Security 17 1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner 18. Signing of Agreement 18 1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner 19 Pre -bid Conference 19 1 A pre -bid conference will be held as indicated in the Invitation to Bid. Attendance at the pre -bid conference is MANDATORY to fulfill the prerequisite requirements for Bidders bidding directly to the Owner 20 Retainage 20 1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 12/2011 00200 - 8 of 8 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Date* May 3, 2012 Bid of Reddico Construction Company, Inc. . , an individual proprietorship / a corporation organized and existing under the laws of the State of Texas / a partnership consisting of N/A , for the construction of: State Highway 35 Waterline Extension City of Pearland, Texas COP PN: WA1102 BID NO.: 0312-27 (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 State Highway 35 Waterline Extension with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the Engineer, HR Green, 11011 Richmond Avenue, Suite 375, Houston, Texas 77042, under the City of Pearland's inspection for the umt prices or applicable prices set forth in Exhibit "A", the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder It is understood that, in the event any changes are ordered on any part of the Work, the apphcable umt prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included and has been uploaded as an attachment within the E-bid system and, that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, 2nd Floor, City Hall, 3519 Liberty Drive, Pearland Texas 77581 The Bidder agrees to submit to the Owner the Qualifications of Bidder, includmg the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish a Perforniance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Doduments, for performing and completing the said work within the time stated and for the prices stated m Exhibit "A" of this proposal along with all required insurance in the required amounts. 12/2011 00300 - 1 of 2 CITY OF PEARLAND BID PROPOSAL The undersigned Bidder agrees to commence work within 10 days of the date of a written notice to commence work. It is understood that the Work is to be Substantially Complete within 60 days after the date of the notice to commence work. Time for Substantial Completion shall begin on the date established by the notice to commence work. 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 in this time limit. It is agreed that the Contract Price may be increased or decreased to cover work added, altered, or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for sixty (60) days following date of Bid Proposal opening, or such longer period as may be agreed to m 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 a Performance Bond and Payment 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 m the Bid Proposal prices. Addendum No; 1 Date: 4/30/12 Addendum No Date: Addendum No Date Addendum No. Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or mdirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Natfi R dicoonj cti ompany, Inc. ATTEST Terri Bock By. C Title: Michael A. Gruy, Executive VP Address. 10083 Airport Rd., Conroe, TX 77303 Phone No 936-441-9500 (Typed or rinted Name) %» Signature Date: May 3, 2012 END OF SECTION (Seal, if Bidder is a Corporation) 12/2011 00300 - 2 of 2 Bid Proposal - Addendum No. 1 State Highway 35 Waterline Extension City of Pearland Project No. WA 1102 April 30, 2012 ITEM No. SPEC. No. ITEM DESCRIPTION QUAN UNIT UNIT PRICE -TOTAL 1 1505 Mobilization and Restoration 1 LS 16,100.00 16,100.00 2 2510 Furnish & Install Proposed 16-inch PVC Water Line (Open Cut or Auger), Complete in Place 1,400 LF 6715 94,010.00 3 2417 Furnish & Install Proposed 16-inch PVC Water Line (Auger), Complete in Place 580 LF 122.85 71,253.00 4 2514 Furnish & Install Fire Hydrant Assembly, Including Fittings, Valve & Box, Complete in Place 6 EA 5,650.00 33,900.00 5 2514 6-inch Fire Hydrant Lead 65 LF 18.25 1,186.25 6 2220 Remove & Salvage Existing Fire Hydrant Assembly 3 EA 310.00. 930.00 7 2540 16" Gate Valve 1 EA 12,700.00 12,700.00 8 2510 Remove 16 In. Plug and Connect to Exist. 16-inch Water Main 1 EA . 1,050.00 1,050.00 9 2515 Meter Box Relocation & Short Side Service Connection 3 EA 1,185.00 3,555.00 10 2515 Meter Vault Relocation & Short Side Service Connection 1 EA 5,225.00 5,225.00 11 2510 Cut & Plug Exist. 8-inch Water Main 2 EA 370.00 740.00 12 2417 24-inch Steel Casing (Schedule 20) 32 LF 140.00 4,480.00 13 2510 Plowable Backfill of Existing 8-inch AC Waterline 30 CY 465.00 13,950.00 14 2318 Wet Trench Construction 1 LS 200.00 200.00 15 2252 Cement Stabilized Sand 1 TON 20.00 20.00, 16 1555 Barricades, Signs and Traffic Control 2 MO 850.00 1,700.00 17 1564 Stormwater Pollution Prevention Plan 1 LS 450.00 , 450.00 18 1560 Construction Fencing 1,800 LF 0.60 1,080.00 TOTAL 262,529.25 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and Reddico Construction Company, Inc._ (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows. Article 1 WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally described as follows. State Highway 35 Waterline Extension Magnolia Road South City of Pearland, Texas COP PN: WA 1102 BID NO.: 0312-27 Article 2. ENGINEER The Work has been designed by HR Green, 11011 Richmond Avenue, Suite 375, Houston, Texas 77042, Richard Golden who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME 3 1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within sixty (60) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5 01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within ninety (90) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars ($100 00) for each day that expires after the time specified in paragraph 3 1 02/2008 00500 - 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 hundred dollars ($100 00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7.30 a.m. to 4.30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4 CONTRACT PRICE 41 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $262,529.25 (the "Contract Price"). The Contract Price includes the Base Bid as shown in Document 00300 — Bid Proposal. Article 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6 0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5 1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5 1 1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5 1.2 Each progress payment shall be less retainage as specified in Paragraph 6 06 of the General Conditions, and 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 02/2008 00500 - 2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER' s option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6 08 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6 08. Article 6 INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended. Article 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations. 7 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of 02/2008 00500 - 3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 CON TRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference• 8 1 Standard Form of Agreement (Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612) 8.3 General Conditions of Agreement (Section 00700), including Attachment No 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor 8.4 Special Conditions of Agreement (Section 00800) 8.5 Plans, consisting of sheets numbered 1 through 15 inclusive with attachments with each sheet bearing the following general title State Highway 35 Waterline Extension. 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. 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 02/2008 00500 - 4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT General Conditions. Article 9 MISCELLANEOUS 9 1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9 4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period in an expeditious manner at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9 6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law 9 7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 02/2008 00500 - 5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9 10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9 11 The CONTRACTOR acknowledges that the OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER. Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CON TRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 02/2008 00500 - 6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of PearIand and upon the following date- May 21 , 2012 OWNER. CONTRACTOR. CITY OF PEARLAND By - Title: Date ATTEST 02/2008 S ,,,GQ�ARI,af�L Reddico Construction C Date May 21, 2012 (Corporate Seal) AT1E fv Terri Bock, Secretary Address for giving notices Reddico Construction Company, Inc. 10083 Airport Road Conroe, Texas 77303 Phone. 936-441-9500 Fax. 936-760-3846 Agent for service of process. Michael A. Gruy Executive Vice President END OF SECTION 00500 - 7 of 7 CITY OF PEARLAND PERFORMANCE BOND Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § BOND NO. BCD1967733 KNOW ALL MEN BY THESE PRESENTS That Reddico Construction Company, Inc. of the City of Conroe , County of Montgomery , and State of Texas, as principal, and The Hanover Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ 262,529.25 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 21st day of May , 20 12, (the "Contract") to commence and complete the construction of certain improvements described as follows. State Highway 35 Waterline Extension Magnolia Road South City of Pearland, Texas COP PN. WA 1102 BID NO.: 0312-27 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall" be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder 12/2007 00610 - 1 of 2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of May , 20 12. Principal. Surety Reddico Construc ion Co pang, Inc. The Hanove/ nsurance Company By teh Cli. B Michael A. Gruy Steven W Berry Title. Executive Vice Pres' Title- Attorney -In -Fact Address. Address. 10083 Airport Road 13618 Cypress Lane Conroe, Texas 77303 Cypress, Texas 77429 Telephone• 936-441-9500 Telephone: 281-970-6782 Fax 936-760-3846 Fax: 281-970-1364 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 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Steven W Berry, Nancy T Berry and/or Kimberly J. Smith of Houston, TX and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. (Adopted October 7 1981 The Hanover Insurance Company Adopted April 14 1982 Massachusetts Bay Insurance Company Adopted September 7 2001 Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 31st day of October 2011 THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 31st day of October 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. THE HANOVER INSURANCE COMPANY MASSACHU FTTS BAY INSURANCE COMPANY CITIZENS I.C�' MERiCA Robert Thomas, Vice President BARBARAA. GARLICK Notary Public Ccamweath ct Massadwsetts pty CAnne'.ssion Eipi4s Sept 21, 2818 Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7 1981 The Hanover Insurance Company Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September,7 2001 Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 21st day of May 2012. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA F n Margosian, Vice President CITY OF PEARLAND PAYMENT BOND Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § BOND NO. BCD1967733 KNOW ALL MEN BY THESE PRESENTS That Reddico Construction Company, Inc. of the City of Conroe , County of Montgomery , and State of Texas, as principal, and The Hanover Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ 262,529.25 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 21st day of May , 2012 , (the "Contract") to commence and complete the construction of certain improvements described as follows State Highway 35 Waterline Extension Magnolia Road South City of Pearland, Texas COP PN WA 1102 BID NO.: 0312-27 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder 07/2006 00611 - 1 of 2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of May , 20 12. Principal. Surety. Reddico Construction Company, Inc. The Hanove/ surance Company - By �X✓fF,�'v2/ " ��..�. By: 1►� Michael A. ruy n W Berry Title: Executive Vice Presid Title Attorney -In -Fact Address. Address. 10083 Airport Road 13618 Cypress Lane Conroe, Texas 77303 Cypress, Texas 77429 Telephone 936-441-9500 Telephone. 281-970-6782 281-970-1364 Fax. Fax. 936-760-3846 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 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Steven W Berry, Nancy T Berry and/or Kimberly J. Smith of Houston, TX and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. (Adopted October 7, 1981 - The Hanover Insurance Company Adopted April 14, 1982 - Massachusetts Bay Insurance Company Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 31st day of October 2011 THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 31st day of October 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS I S NCE4¢MPANY OF AMERICA kvy- RobertTllomas, Vice President BARBARAA. GARLICK Notary Public Cernmanalth of Massachusetts ty Comrc ssitn CO; Sep.21.24ta Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile!' (Adopted October 7 1981 The Hanover Insurance Company Adopted April 14 1982 Massachusetts Bay Insurance Company Adopted September7 2001 Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester Massachusetts, this 21st day of May 2012. THE HANOVER INSURANCE' COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA 1=nn Margosian, Vice President CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § BOND NO. BCD1967733 KNOW ALL MEN BY THESE PRESENTS That Reddico Construction Company. Inc. of the City of Conroe , County of Montgomery , and State of Texas, as principal, and The Hanover Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ 262,529.25 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the2lst day of May , 2012 , (the "Contract") to commence and complete the construction of certain improvements described as follows State Highway 35 Waterline Extension Magnolia Road South City of Pearland, Texas COP PN• WA 1102 BID NO.: 0312-27 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder 07/2006 00612 - 1 of 2 ye - By - CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of May , 2012 Principal. Reddico Construction f,mpany, Inc. ifiz..,4g - Michael A. Gruy Title: Executive Vice Presi Address. 10083 Airport Road Conroe, Texas 77303 Telephone- 936-441-9500 Surety. The Hanover � <'urance - uo npany By teven W Berry Title- Attorney -In -Fact Address. 13618 Cypress Lane Cypress, Texas 77429 Telephone 281-970-6782 Fax: 936-760-3846 Fax: 281-970-1364 NOTICE THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00612 - 2 of 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Steven W Berry, Nancy T Berry and/or Kimberly J. Smith of Houston, TX and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. (Adopted October 7 1981 The Hanover Insurance Company Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7 2001 Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 31st day of October 2011 THE HANOVER INSURANCE COMPANY MASSAUSETTS BAY INSURANCE CIT ZENS Ili A � E PANY OF AMER CAY RobertTh(omas, Vice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 31st day of October 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. BARBARAA. GARLICK Notary Public Comnamweath of Massadwsene Lty Comrc.SSim (As S Wi.21.2818 • Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President oc any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7 1981 The Hanover Insurance Company Adopted April 14, 1982 - Massachusetts Bay Insurance Company Adopted September 7 2001- Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 21st day of May 2012. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANYOF AMERICA nn Margosian, Vice President anover Insurance Group. The, Hanover Insurance Company.E 440 Lincoln Street, Worcester, MA 01653 Gtizens.Insurance Company of America 1'645 West Grand. River A6enue; Howell, MI 48843 Massachusetts Bay Insurance Company 1440, Lincoln Street, Worcester,'MA 01653. COMPLAINT NOTICE - TEXAS FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1-800-252-3439 PARA INFORMACION, 0 PARA HACER UNA QUEJA, HABLE. 1-800-252-3439 COMPLAINT NOTICE - TEXAS Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the company that issued the policy, bond or certificate. If the problem is not resolved, you may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714-9091. FAX# (512) 475-1771 This notice of complaint procedure is for information only and does not become a part or condition of this policy, bond or certificate 231-1314 TX (4111). ACORD® CERTIFICATE OF LIABILITY INSURANCE f`../' DATE(MMIDDIYYYY) 5/11/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Guaranty Insurance Services, Inc 13111 Northwest Freeway Suite 420 Houston TX 77040 CONTACT Brenda Meyer NAME (A/C. PHONE )_ (800) 627-6474 FAX No): (666)652-9382 ADDARESS:bmeyer@guarantyins com INSURER(S) AFFORDING COVERAGE NAIC # INsuRERANational Fire Ins. Co of 20478 INSURED Reddico Construction Company, Inc 10083 FM 1484 Conroe TX 77303 INSURERB:Continental Insurance Company 35289 INSURER C :Continental Casualty Company 20443 INSURER Valley Forge Ins. Co 20508 INsuRERE:Hanover Insurance Company 22292 INSURERF. BER:Builders/Risk 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 INSRA SUBRW POLICY NUMBER (MM/DDY/YYYY) (MMILDD�YY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 2093636334 10/1/2010 10/1/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100 000 MEDEXP(Anyoneperson) $ 5,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 X XCU incl PRODUCTS COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7POLICY I^1PE P1LOC $ B AUTOMOBILE A X X LIABILITY ANY AUTO ALL OWNED _ SCHEDULED AUTOS NON -OWNED AUTOS 2093636320 10/1/2010 10/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 2093636317 10/1/2010 10/1/2011 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ $ DED X RETENTION$ 10,000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFIC(Mandatory in ERH) EXCLUDED? (Mandatory NH) If yes, describe under DESCRIPTION OF OPERATIONS below NN N / A 2093636303 10/1/2010 10/1/2011 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE EA EMPLOYEE $ 1,000,000 E.L. DISEASE POLICY LIMIT $ 1,000,000 E Builders Risk IHD927365400 8/30/2011 10/1/2012 Per Job $250,000 Catastrophe $250 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Project No WA1102 State Highway 35 Waterline Extension GENERAL LIABLITY Blanket Additional Insured and primary and non-contributory when required by written contract per form G140331C ed 11/91 Blanket Waiver of Subrogation when required by written contract per form CG2405 ed 05/04 Notice of Cancellation is 30 DNOC except for 10 Days Notice for Non -Payment of Premium per form CG0205 ed 12/04 AUTO Blanket Additional Insured when required by written contract per form CA0403 ed 06/04 Blanket CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Dr Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dick Bright/BMEYER ACORD 25 (2010/05) INS025 /,mnn,\ nt © 1988-2010 ACORD CORPORATION. All rights reserved. Them AC`fPr1 namem and Inan arc remnictemrcrl marks of AC:fPr1 COMMENTS/REMARKS Waiver of Subrogation when required by written contract per form CA2089 ed 06/04 Notice of Cancellation is 30 DNOC except for 10 Days Notice for Non -Payment of Premium per form G145053 06/04 WORKERS COMPENSATION Blanket Waiver of Subrogation when required by written contract per for WC420304A ed 01/00 Notice of Cancellation is 30 DNOC except for 10 Days Notice for Non -Payment of Premium per form G20472-A ed 10/93 OFREMARK COPYRIGHT 2000, AMS SERVICES INC G-140331-C •CNA (Ed. 10/1Q)- Reddjco Construction. :Company Inc Policy No 2093636334 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED OWNERS, 'LESSEES OR CONTRACTORS - WITH PRODUCTS -COMPLETED. OPERATIONS COVERAGE Thia endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE(OPTIONAL) Name of Additional insured Persons Or Organizations (As required by 'written contract' per Paragraph A. below.) Locations of Covered OperatiOns (As per the `written contract' provided the location is within the 'coverage territory' of this Coverage Part) :A. ,SectiOnli:-.INho:15 An:insured is emended toinclude :as an additional insured: 1. Any person or organitation whom you are required by 'written. Contract° to add as an additionatinstired:on this Coverage Part; and 2, The particular person or :Organization, if any, achedulodahove: B. The insurance: :provided; to the additional insured IS limiteclas f011oWs: 1. The person. .Or organization is an additional InSured .Only ;with; tespeCt to liahility. for ''bodlly injury,' ".Property darnage,' or '"perecrinef .and .advertiaing fiii141.caused 'in whole;or inpart by 0. Youracts;oromisSions; or b. Theactor Ornissions'of those Eictingon your behalf. :in the. performer)* -of your ongoing' .operations specified in the 'irrrritten. contract';'Or O. 'Your work' that is specified in the. -'Written contract' but only for -IhOtilly injury" -or 'property damage' included In the 'rprodUCts, corn pleted operationS hazatd;': and Only if: (1): The "written. -contract:requires. you to iprovide the addItionat Insuredsuch cOverege;:and (2) This Coverage Part proVidessuch cOVerage. 2. We Will 'not provide. :the additional. insured .64- hrOader coverage or any :.higher limit of insurance than.theleaStlhatt: e. Required,hy.tire."writtencoritract"; b. Described inB.i a4ove;. or c, Afforded tO you Under this 014' 3. This. •Inautanct.is.axcOs..of- all other inailtence. 'available: to Ma -additional- insured' .whether 'On: a Ornery excess,. contingent -or any other heals; Sut if. required: ;by the; "Written. contract,' .this insurance 'Will :be' primary and non-contributory relative to insurance on. which the additional insurer:ft.& Named 4. Theinsurence provided -:to the additionif insured does not apply- .to "bodily .injury," '"prOperty damage,' or 'personal .and advertising injury -arisingoUtof: a. The 'rendering: of, or :the.failute to -lender, any profeSSiOnal .architeCtural,. engineering, or 'surveying servicas,•including: (1) The preparing, approving, or failing to prepare or approve maps, shop: drawings, .opinions, reports, stirveya„. ;field: .orders.: change Orders. .or drawings and specifications; and and: (2) Supervisory, inspection, architectural or .engineering.activities.; or a,140331,C frsciudos OOpyriiifitod4Ociterial of fraiiiranoo Semfees.Qifico,Tho., with.fts.porOtiOsiice .Pagel, of 2 -4:i' aft b. Anyprernises or.work;for which the additional .insured is: specifically'Iisled.:as an..additional -insured -on another endorsement attached• to this Coverage;Part. C. SECTION: IV COMMERCIAL GENERAL. LIABILrrY CONDITIONS is amended as follows: 1.. 'The Duties In The Event. of Occurrence, Offense, Claim or Suit condition is .amended to add the .following :additional conditions applicable. :to the additional insured: An additional. insured under :this. endorsement will as soon.as practicable. (1) Give uS Written notice: of. an 'occurrence' or an offense which may result in. :a. claim or 'suit' under this Insurance, and of any claim or'suit''that does result;. (2) Except as provided: in Paragraph. B:3 of this endorsement, agree to make available. any other insurance the additional. insured has.:for a loss we cover under thls:Goverage Part; (3) Send us copies of' all legal papers received; .and otherwise cooperate with us In the -investigation, defense, or settlement of. the claim or' 'suit"; and (4) Tender the defense and indemnity of any clalm or ''suit' to .any other :insurer or self insurer whose .policy or program applies to e loss we cover -under -this .Coverage .Part. But if the 'written contract'' requires this: insurance to be. primary and non-contributory, 'this provision (4) does not apply to insurance on Which: the additional insured is, a Named Insured. G-.14033'1=C (Ed. 10/i0) We have no duty to defend or indemnify an additional: insured:under this endorsement until we: receive from. the. additional. insured Written :notice of .a clair oc'suit:' 2: With respect: only to the insurance :provided by.this endorsement;. the first sentence of Paragraph 4.a. of the..Other Insurance Condition, is deleted. and replaced with the following: 4. Other'insurance a: ,PrimaryInsurance This .insurance is primary and non- contributory except When rendered excess by endorsement G-14033T-C, or when _Paragraph'.b: below applies. D Only .for the purpose of the insurance provided: by This endorsement, SECTION V DEFINITIONS .is amended to add the .following definition: 'Written contract' -means a written contract or written .agreement that requires you. to make a person or organization. an additional insured on this Coverage Part, provided the contractoragreement: 1 :is currently in: effect or becomes effective. during the :term of this policy; and .2. Was:eitecuted prior to: a. The 'bodil' injury' or 'property damage'; or b The offense that caused the 'personal and advertising injury'' 'for which the _additional insured seeks. coverage .under this CoVerage Part. GA 40331-C Includes copyrighted matsrtal of Insurance Services Oflioa, Inc.; wlth'lis permlaslon Page:2 of 2 IMO Reddico Construction Co., Inc Policy No. 2093636334 POLICYNUMBER: COMMERCIAL GENERA! LIABILITY CG 24:0495.09 WAIVER OF TRANSFER OF RIGHTS: OF RECOVERY AGAINSTOTHERS TO .US ThisendOrsement modifies insurance:provided under the follOwing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGEPART SCHEDULE Name Of Parson Or Organization: Refer to SCHEDULE CG2404 InfOrmationrequireato complete this .Schedule, if -not shown. abOver WIllbashoWn in:the, Declarations... The following It added to Paragraph 8. Transfer Of RIghts• Of- Recovery Against: Others TO Us of Section IV — COnditiona: We waiVe: any right of recoverywe may have against the person Or -organilationshown in the 'Schedule abovebecause of payments we make for injury Or damagsarising.out of your ongoing- operations or your work' .done under .a cOrttract. with that person: or organization and. included in :the 1products,completed operations hazard' This -waiver -applies only :to the' person or organization' shOwn'in'the Schedule above: CG 240405 09 Copyright; InsuranCe-Services.Otlice.lno. 2008 ;Piano 1 .nt 1 Reddicp Construction Co Inc Policy No. 293636334 POLICY NUMBER: COMMERCIAL.GENERAL -LIABILITY 0;051204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ -II -CAREFULLY. TEXAS CHANGES - AMENDMENT OF -CANCELLATION. PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGEPART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART pkopUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the :°vent of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written Once of cancellation or material change tb: SCHEDULE 1 Name: BLANKET 2. Address: 3. Number of days advance 030notice: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 05 12 04 Copyright, ISO. Properties, Inc., 2003 Pogo 1 of POLICY NUMBER: 20.93636.320 Reddico Construction.Company, Inc. THIS :ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER. COVERAGE FORM TRUCKERS COVERAGE FORM COMMERCIAL AUTO CA040306:04 With respect to coverage provided_ by this endorsement, the provisions of the Coverage Form apply unless modified by the: endorsement. This endorsement changes the policy effective on the inception dale of the policy unless another date is indicated. below Endorsement. Effective: Named insured: Countersigned. By. SCHEDULE (Authorized Representativel Name and Address of. Additional Insured:BLANKET AI AS PER SCHEDULE ON FILE (If no entry appears above,. information.required to complete this endorsement Will be: shown in the Declarations as applicable to this endorsement.) A. -Who is An Insured (Section Il) Is amended to include - as an Insured'' the persons) or organizations) shown in the Schedule, but only with respectto their legal 'liability .for acts or omissions of a person for whom Liability. Coverage is afforded :under this :policy B. The additional insured named in. the Schedule or Declarations is not requiredto pay for any -premiums stated in the policy: or earned from. the policy Any return premium, and any dividend, If applicable, declared by us shall -be paid to you. C. You are authorized to act :for :the additional insured narnedin the Schedule. or Declarations in all matters pertaining to this insurance. D. We will. mail the -additional insured :named rin the Schedule or Declarations notloe of.anycanoellatlon' of this policy .It; we: cancel, we will give 10 days notice to the additional>insured: -E.. The additional insured named in the Schedule or Declarations will :retain any right. of recovery as .a claimant: under'thiS .policy CA 04 03 06 04 Copyright, ISO Properties, Inc:,. 2003 Page 4 of 1. CNA Policy No. 2093636320 Reddico Construction Company, Inc. G-145053-A (Ed 06/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ .IT CAREFULLY. CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the folloWing: BUSINESS AUTO COVERAGEFORM GARAGE COVERAGE 'FORM TRUCKERS COVERAGE FORM This endorsement changes the policyeffective on the inception:date of the policy unlessanotherdate is indicated below. Endorsement Effective PolicyNumber Named Insured Countersigned by (Authorized Representative) 30 days before this policy is cancelled or materially changed to reduce or restrict coverage we will mail notice of the cancellation or change to: BLANKET (Enter-Nams and Address) G-145053-A ,(Ed: 06/04) Page 1 of 1 POLICY NUMBER: 2 0. 9163 63 20 COMMERCIAL AUTO Reddico Construction Company, Inc . -CA20:89 (16.04 THIS ENDORSEMENT CHANGES THE:POLICY..PLEASE:READ1T CAREFULLY. TEXAS.CHANGES *IN TRANSFER OF .RIGHTS OF -RECOVERY AGAINST OTHERS TO US (WAIVER OF SLII3ROGATION) ThieenclOrsernent modifies:insurance :provided 'under the f011owing: BUSINESS AVM-COVERAGE:FORM: BUSINESS AUTO PHYSICAL COVERAGE FORM GARAGECOVERAGEFORM MOTOR cARRIpicoyERApE:FORM: TRUCKERSCOVERAGEFORM With respect to coVerage.providedtTthiS;;OndorSement„the:provisions.of the Coverage ;Form- apply 'unlesemOdified :by the endorsement This .endorsement changes the policy effective on ;theinception date of policy 'unless another date -is indicated below Endorsement Effective: Named Insured: Countersigned BT (Authorized Representative) SCHEDULE Name Of Person(s)Or OrganIzatIonNpee Blank Text AddItIonal.PremlU6_ ;$ (If no entry appears above, :information required to complete this enclorsementwill be shown in the Declarations as appiicable to this endorsement.) iThe Transfer Of Rights Of Recovery Against Others To additional .prernium shown above, regardless of any Us Condition does not apply to the person(s) or early termination Of this endorsement or the policy organization(s) shown in.the Schedule. We willretain the 1•••12115111. 11=1.11=1 mamma 1.10811.111 . Imam =MIMEO •11211111112111. await. INSONS.M. CA 2089 06 04 Copyright ISO ProPerties,Inc., 2003 Pagel of 1 s V1i1.iY lYV• .0 JVJV JVJ AN=- 4%.L4 V- L.V11A {.1 •LLV. l.1V11 •V. V1lliJall�-� i1Ll. WORKERS COMPENSATION • AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304.,A (Ed. 1-00) essratars MOSMINI t� MainiaSiiM TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This .endorsement applies only to. the insurance provided by the policy because Texas is shown in Item 3.A, of the. information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our rightagainst the person Or organization named in. the Schedule, butthis waiverapplies only with respect to bodily injury arising out of the operations described 'in the Schedule where you are required bya: written contract to obtain this waiver from us. This endorsement shall not:operate directly orindirectly to benefit anyone not named in the Schedule. The premium for this. endorsement is shown in the Schedule. Schedule 1 ( )Specific Waiver Named person or:organization (X )Blanket Waiver Anyperson or organization for whom the Named'tnsured has agreed by written contract to furnishthis waiver 2. Operations: At,I, TEXAS LOCATIONS AND OPERATIONS 3. Premium The premium chargefor this endorsement shall:be 2 percent:of the,premium'developed...on.payroli: in. connection with work performed for the above persons) or organization(s)'.arising:outof.tha operations:described. 4 Advance Premium SEE SCHD This endorsement -changes the:policy to which it Is attached and is effective on the date:Issued.unless otherwise stated. (TheInformation below la required only when thla endorsement is Issued subsequent to preparation of thepolicy.). Endorsement Effective Policy No. Endorsement No. Insured Premium.$: Insurance Company WC 42.03.04 A (Ed. 1-00) Countersigned by 0 0 0 0 0 MOVBZPOZSZII mammy MMM Monica SEE NA Policy No. 2093.636303 Reddico Construction Company, Inc. WORKERS' COMPENSATION. AND EMPLOYERS' LIABILITY INSURANCE POLICY G-20472-A (Ed. 10/93) NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT In the event of cancellation or other material change of the policy, we will mail advance notice :to the person or organization namedin the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1 Number of days advance notice: 3.0 2. Notice will be mailed to: BLANKET Schedule G-20472-A (Ed. 10/93) Pagel of.1 Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows. In consideration of Pay Estimate No in the amount of $ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project have been fully paid by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. State of County of Subscribed and sworn to, before me, this My Commission Expires. Signature Printed Name & Title Company Name day of , 20 Notary Public Revised 12/31/07 1 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 1 02 Contract Documents 1 103 Subcontractor 2 1 04 Written Notice 2 105 Work 2 1 06 Extra Work 2 1 07 Work Day 3 1 07-1 Rain Day 3 1 07-2 Impact Day 3 1 08 Calendar Day 3 1 09 Substantially Completed 3 1 10 Interpretation of Words and Phrases 4 1 11 Referenced Standards 4 1.12 Contract Time 4 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 5 2.01 No Warranty of Design 5 2.02 Right of Entry 5 2.03 Ownership of Drawings 5 2.04 Changes and Alterations 5 2.05 Damages 6 05/2007 00700 - i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 4 01 Independent Contractor 4 02 Contractor's Understanding 4 03 Laws and Ordinances 4 04 Assignment and Subletting 4 05 Performance, Payment and Maintenance Bonds 4 06 Insurance 4 07 Permits and Fees 4 08 Texas State Sales Tax 4 09 Contractor's Duty and Superintendence 4 10 Character of Workers 4 11 Labor, Equipment, Materials, Construction Plant and Buildings 412 Sanitation 4 13 Cleaning and Maintenance 4 14 Performance of Work 6 6 7 7 8 8 8 8 9 9 10 10 10 10 10 11 11 11 12 12 12 4,15 Right of Owner to Accelerate the Work 12 4 16 Layout of Work 12 4 17 Shop Drawings 12 05/2007 00700 - ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 18 Engineer -Contractor Relationship; Observations 13 4 19 Observation and Testing 13 4.20 Defects and Their Remedies 14 4.21 Liability for Proper Performance 14 4.22 Protection Against Accident To Employees and the Public 15 4.23 Protection of Adjoining Property 16 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Machinery and Supplies 16 4.25 Protection Against Royalties or Patented Invention 17 4.26 Indemnification 17 4.27 Losses From Natural Causes 18 4.28 Guarantee 18 5.0 PROSECUTION AND PROGRESS 19 5 01 Time and Order of Completion 19 5 02 Extension of Time 19 5 03 Hindrances and Delays 20 5 04 Suspension of Work 20 5 05 Liquidated Damages for Delay 20 5 06 Change of Contract Time 21 5 07 Delays Beyond Owner's and Contractor's Control 21 6.0 MEASUREMENT AND PAYMENT 22 6 01 Discrepancies and Omissions 22 6 02 Quantities and Measurements 22 6 03 Estimated Quantities 22 6 04 Price of Work 22 05/2007 00700 - iii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6 05 Payments 23 6 06 Partial Payments 23 6.07 Use of Completed Portions & Punchlist 24 6 08 Substantial Completion 24 6 09 Final Payment 25 6 10 Correction of Work Before Final Payment 26 6 11 Correction of Work After Final Payment 26 6 12 Payments Withheld 27 6 12 Delayed Payments 28 7.0 EXTRA WORK AND CLAIMS 28 7 01 Change Orders 28 7 02 28 7 03 Minor Changes 28 7 04 Extra Work 28 7 05 Time of Filing Claims 30 8.0 DEFAULT 31 8.01 Default by Contractor 31 8.02 Supplementation of Contractor Forces 33 8 03 Cumulative Remedies & Specific Performance 33 8 04 Cross -Default 33 8.05 Insolvency 33 8.06 Contingent Assignment 34 8.07 Waiver of Consequential Damages 34 8.08 Termination for Convenience 34 8.09 Default by Owner 35 05/2007 00700 - iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO 1 WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO 2 AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B1 ATTACHMENT NO 3 OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR C 1 05/2007 00700 - v 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 in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation and performance of this Contract. The Owner's representative on the project site shall be the Construction Manager or Engineer as designated. 1 02 CONTRACT DOCUMENTS The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding the Plans and such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order. (1) Modifications in writing and signed by both parties, including any Change Orders, (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No 1 — Workers' Compensation Insurance Coverage, Attachment No 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) Addenda, if any; (6) Plans and Specifications referenced or included in the Project Manual, (7) Instructions to Bidders, (8) Bid Proposal, and (9) Exhibits The following Exhibits, attached hereto, are incorporated herein, and are a part of this Contract: 05/2008 00700 - 1 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT In the event a conflict or inconsistency remains between or within the Plans and Specifications or other Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project with a value meeting or exceeding 10% of the Contractor's TOTAL BASE BID for the work contemplated by these Contract Documents. 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 to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, partnership, joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1 05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1 06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. 05/2008 00700 - 2 of 36 ' CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 1 07 WORK DAY As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager, 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. 1 07-1 RAIN DAY As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1 12 Contract Time below) 1 07-2 IMPACT DAY As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day (See 1 12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four 4 or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1 08 CALENDAR DAY A "calendar day" is any day of the week, month, or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 09 SUBSTANTIALLY COMPLETED. The terms "Substantially Completed", or "Substantially Complete" or "Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 05/2008 00700 - 3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 1 10 INTERPRETATION OF WORDS AND PHRASES Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import shall ,mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. Whenever in the Specifications or Drawings of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER' s representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 111 REFERENCED STANDARDS No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1 12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor The extension of the Contract Time shall be the CON 1'RACTOR's sole and exclusive remedy for delays. 05/2008 00700 - 4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. CONTRACTOR shall not proceed with the affected portion of the Work until it receives ENGINEER's written response to such Request for Information, and then only in accordance with ENGINEER's response. If CON TRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF DRAWINGS All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All drawings and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. 05/2008 00700 - 5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3 01 OWNER -ENGINEER RELATIONSHIP The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER' s representative during construction are set forth in the Contract Documents, and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7 Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the ENGINEER shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3 02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 05/2008 00700 - 6 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3 03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the ENGINEER to discover, object to or condemn any non- conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non -conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 3 04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional mid/or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on -site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 05/2008 00700 - 7 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 determine all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7 04 3 06 RECOMMENDATION OF PAYMENT The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non -conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6 11 and as otherwise provided in the Contract. 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4 01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 05/2008 00700 - 8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 02 CONTRACTOR'S UNDERSTANDING It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4 03 LAWS AND ORDINANCES The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act of OWNER entering into this Contract, nor OWNER' s performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 — Wage Scale for Engineering Construction, or Document 00813 — Wage Scale for Building Construction, or both, as set out in the Project Manual. 05/2008 00700 - 9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 04 ASSIGNMENT AND SUBLETTING The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4 05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000 00, the CONTRACTOR shall execute separate Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent (100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000 00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7 19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds shall be included in the CONTRACTOR's Bid Proposal. 4 06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CON TRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible 4 07 PERMITS AND FEES Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4 08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 05/2008 00700 - 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER' s representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4 10 CHARACTER OF WORKERS The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER' s opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to object to any proposed subcontractor 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 housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER' s written permission, and at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR' s buildings or structures. 05/2008 00700 - 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 12 SANITATION Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4 13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste, and at the completion of the Work, he shall remove all such debris, trash and waste, and also his tools, scaffolding and surplus materials, and shall leave the Work broom -clean or its equivalent. 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 and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4 17 SHOP DRAWINGS The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules 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. 05/2008 00700 - 12 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR' s responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Plans and Specifications and Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Plans and Specifications and 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. 4 18 ENGINEER -CONTRACTOR RELATIONSHIP; OBSERVATIONS It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Plans and Specifications and Contract Documents, provided, however, should the CONTRACTOR object to any orders by any subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, make written appeal to the ENGINEER for his decision. 419 OBSERVATION AND TESTING The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, 05/2008 00700 - 13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Specifications or Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Plans and Specifications or the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods instant to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. 05/2008 00700 - 14 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Any review of Work in progress or any visit or observation during construction, or any clarification of Plans and Specifications or Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Plans and Specifications and Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Plans and Specifications and Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Plans and Specifications or Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Plans and Specifications or 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 Plans and Specifications and Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The CONTRACTOR shall be solely responsible for the safety of himself, his employees and all other persons, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. No alcoholic beverages, non-prescription drugs, or unsafe practices will be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities will be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. 05/2008 00700 - 15 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight (8) hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER' s representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty 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 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 sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise, between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 05/2008 00700 - 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER, PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF 4.26 INDEMNIFICATION THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 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 05/2008 00700 - 17 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM, AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130 002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship, and against unusual damage from proper and usual use; and agrees to replace or to re -execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re -execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial 05/2008 00700 - 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non -conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non -conforming Work discovered after one year If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5 01 TIME AND ORDER OF COMPLETION It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction, provided, however, that the order and the time of prosecution shallbe such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time, provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, at such times as may reasonably be requested 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 EX'1'LNSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by any act or neglect of the OWNER, the ENGINEER, or any employee of either, by other contractors employed by the OWNER, by any approved change in the Work, by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION 05/2008 00700 - 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contract Time as defined in the Bid Proposal and other sections herein contains 40 Rain Days. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per deim" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5 03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER, or the ENGINEER as the OWNER's representative, and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5 04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5 05 LIQUIDATED DAMAGES FOR DELAY It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality The CONTRACTOR further agrees that a breach of this Contract as to completion on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. 05/2008 00700 - 20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond, all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy 5 06 CHANGE OF CONTRACT TIME. The Contract Time may only be changed by a Change Order Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event -giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data. A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B Information documenting that the number of days requested is accurate for the event. C Revised, current construction schedule showing that the time requested affects the project's critical path. 5 07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 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. 05/2008 00700 - 21 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 Plans, Specifications or Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the Work to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in accordance with the Plans and Specifications and Contract Documents. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6 02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered, unless otherwise specifically provided. 6 03 ESTIMATED QUANTITIES. This Agreement, including the Specifications, Plans and Contract Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences, unrecovered overhead or lost or anticipated profits, or other compensation. 6 04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal, the Plans and Specifications and other Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, for the material actually used and services actually performed, however, the OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, the Plans and Specifications and Contract Documents, and the requirements of the ENGINEER. 05/2008 00700 - 22 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6 05 PAYMENTS No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non -conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6 06 PARTIAL PAYMENTS When the Contract Price is a lump sum amount, prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month, said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendation at the Work site only No payment will be made for materials stored until Owner has approved in writing storage at the Work site. The ENGINEER shall then review such statement 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 conforming to the requirements of the Contract Documents, the ENGINEER shall prepare a preliminary certificate 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 The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. 05/2008 00700 - 23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under "6.08 FINAL PAYMENT " The Owner at its option and in compliance with Texas law may reduce retainage to less than the above -stated percentages. 6 07 USE OF COMPLETED PORTIONS & PUNCHLIST The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6 08 SUBSTANTIAL COMPLETION The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete" 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 shall prepare a detailed list of unfinished, incomplete, defective and/or non -conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non -conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. 05/2008 00700 - 24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6 08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR' s uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner 1 6 09 FINAL PAYMENT Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents, (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER, (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As -Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions, (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; 05/2008 00700 - 25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (h) CONTRACTOR removes all equipment, tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction, (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No 2, executed by CONTRACTOR, (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc' in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion, and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross -claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6 10 CORRECTION OF WORK BEFORE FINAL PAYMENT The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within a reasonable time after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and remedy such work at CONTRACTOR's expense. 6 11 CORRECTION OF WORK AFTER FINAL PAYMENT If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship, to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in 05/2008 00700 - 26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity 612 PAYMENTS WITHHELD The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non -conforming Work not remedied, (b) Claims filed or reasonable evidence indicating probable filing of claims, (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (f) (g) Reasonable indication that the Work will not be completed within the Contract Time; Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion, and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER' s satisfaction, the withheld payment shall be made promptly If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 05/2008 00700 - 27 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6 13 DELAYED PAYMENTS Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251 051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7 01 CHANGE ORDERS Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time, which may result from the change. 7 02 In accordance with paragraph 1 07 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall, upon receipt of written notice by the CON TRACTOR of the need to conduct work on otherwise non -Work Days, prepare a cost estimate for providing Construction Management and Inspection services during the requested period and submit this to both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall prepare a Deductive Change Order in the amount stated in the estimate for the signature of the CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non -Work Day 7 03 MINOR CHANGES The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7 04 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work under the direction of the ENGINEER 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 05/2008 00700 - 28 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Directive, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods. Method (A) --By Contract unit prices applicable to the work, if any; or Method (B) --By agreed unit prices or agreed stipulated lump sum price; or Method (C) --If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work, plus five percent (5%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such alleged Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents, plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used, otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The five percent (5%) of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost." No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER' s orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance 05/2008 00700 - 29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9 0, within sixty (60) days after the date of submission to the OWNER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7 05 TIME OF FILING CLAIMS Except as otherwise provided herein, all questions of dispute or adjustment shall be in writing and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9 0 In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 05/2008 00700 - 30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR' s expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the Work in either of the following elective manners. (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CON TRACTOR 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 05/2008 00700 - 31 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 05/2008 00700 - 32 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES If CONTRACTOR at any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the Same default and without fully taking over the Work, to supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS -DEFAULT If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8 05 INSOLVENCY It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 05/2008 00700 - 33 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.06 CONTINGENT ASSIGNMENT CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR' s rights under and interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER' s acceptance and thereafter OWNER' s liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR' s termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including, but not limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit, whether on this Contract or otherwise 8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part, if and when OWNER determines that it is in the best interest of OWNER to do so Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract 05/2008 00700 - 34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 8 09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6 13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially competed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party The parties shall share the mediator's fee and any filing fees equally If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier 05/2008 00700 - 35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 05/2008 00700 - 36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS Certificate of coverage ("certificate") A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner - operators, (as defined at Section 406 121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER. (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700 - Al CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700 - A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR. (5) (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; retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700 - A3 CITY OF 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 State Highway 35 Waterline Extension (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation. 1 The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3 The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4 It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700 - B 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the day of , 20_ CONTRACTOR. By - Signature Print Name. Title [If CONTRACTOR is a proprietorship, owner must sign, if a partnership, each general partner must sign, if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of , 20_ by , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By -Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR. By President ATTEST Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700 - B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said. I (We) am (are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we) have read the facts and statements as therein set out and the representations as made therein, and I (we) state that the above and foregoing are true and correct. CONTRACTOR - Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 20_ Notary Public, State of Texas My Commission Expires. _ [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700 - B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said. We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By -Laws of said corporation and/or the Minutes of said corporation, and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 Notary Public, State of Texas My Commission Expires. 07/2006 00700 - B4 1 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: 11 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and (c) others as required by the Contract Documents, if any 1.2 Contractor "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor "Subcontractor" shall include subcontractors of any tier 1 4 ISO "ISO" means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein. 2.1 1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection, and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 05/2007 00700 - Cl CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3 Conditions Affecting All Insurance Required Herein 4 3 1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A- VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner 3 4 Limits of Liability The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision. In the event of cancellation, non -renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3 7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self -insured retention in excess of $25,000 without prior written approval of the Owner All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same 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. 05/2007 00700 - C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 1 Commercial General Liability Insurance 4 1 1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability 4 1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 4 1.3 Amount of Insurance Coverage shall be provided with limits of not less than. Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4 1 4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85, or ii. ISO form CG 20 26 11 85, or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01, or iv any form providing equivalent protection to Owner b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability The personal injury contractual liability exclusion shall be deleted. e. Primary and Non -Contributing Liability It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability f. Waiver of Subrogation, as required in 3 6, above. 05/2007 00700 - C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 1.5 Continuing Commercial General Liability Insurance The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned, hired, and non -owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance Coverage shall be provided with a limit of not less than $1,000,000 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3 6, above. 4.3 Employer's Liability Insurance 4.3 1 Coverage. Employer's Liability Insurance shall be provided as follows. 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than. Employer's Liability- $1,000,000 each accident and each disease 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b Waiver of Subrogation, as required in 3.6, above. 4 4 Umbrella Liability Insurance 4 4 1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop -down provision for exhaustion of underlying limits. 4 4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 05/2007 00700 - C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000 4 4 4 Continuing Umbrella Liability Insurance The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date 4.5 Professional Liability Insurance 4.5 1 Coverage. The Contractor shall provide professional liability insurance for claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims -Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000 4.5 4 Continuing Professional Liability Insurance The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4 6 Builder's Risk 4 6 1 Insureds. Insureds shall include a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds, and b subcontractors of all tiers in the Work as Additional Insureds. 05/2007 00700 - C5 e. f. Form a. b c. i. ii. iv v vi. CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 6.2 Covered Property. Such insurance shall cover• a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation, d. all property including materials and supplies at other locations but intended for use at the site; all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and other Work at the site identified in the Agreement to which this Exhibit is attached. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed -value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. No protective safeguard warranty shall be permitted. Required coverage shall further include Additional expenses due to delay in completion of project (where applicable) Agreed value Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse Debris removal additional limit Earthquake (where applicable) Earthquake sprinkler leakage (where applicable) vii. Expediting expenses viii. Flood (where applicable) ix. Freezing x. Mechanical breakdown, including hot & cold testing (where applicable) xi. Notice of cancellation, non -renewal or material reduction — 60 days prior written notice to each insured $ TBD Included without sublimit Included without sublimit 25% of direct damage loss $ TBD $ TBD $ TBD $ TBD Included without sublimit Included without sublimit Included 05/2007 00700 - C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law xiv Pollutant clean-up and removal xv Preservation of property xvi. Replacement cost xvii. Theft xviii. Waiver of subrogation as required in G, below Included without sublimit $ TBD Included without sublimit Included Included without sublimit Included 4 6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4 6 4 Deductibles. Deductibles shall not exceed the following: a. b c. All Risks of Direct Damage, Per Occurrence, except Delayed Opening Waiting Period Flood, Per Occurrence d. Earthquake and Earthquake Sprinkler Leakage, Per Occurrence $5,000 5 Days $25,000 or excess of NFIP if in Flood Zone A, BorV $25,000 4 6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates. a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated, b the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 05/2007 00700 - C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6 6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows a. A waiver of subrogation shall be provided in favor of all insureds. b The waiver of subrogation provisions shall be endorsed as follows Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5 Intentionally left blank. 6 Evidence of Insurance 6 1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance" 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance" 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify. 6.3 1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company 6.3 4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3 6 Amount of any deductibles and/or retentions. 6.3 7 Cancellation, non -renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 6.3 8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability required herein. 05/2007 00700 - C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3 10 Primary and non-contributing status required herein. 6.3 11 Waivers of subrogation required herein. 6 4 Required Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6 6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy 6 7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner 7 Insurance Requirements of Contractor's Subcontractors 7 1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools arid equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 05/2007 00700 - C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8 Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use 9 Release and Waiver The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 05/2007 00700 - C10 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT — ADDENDUM NO 1 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. Cara Davis telephone 281. 652.1642 ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4 05 Add the following paragraph to Article 4 05 A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal. Attachment No. 3 To General Conditions, Owner's Insurance Requirements of Contractor, Article 4 6 Builder's Risk — Builder's Risk Insurance is Not Required for this project. ARTICLE 5 PROSECUTION AND PROGRESS 5 08 Add Article 5 08 The Contract Time as defined in the bid and other sections of the Contract Documents includes a certain number of ram days. Based on the Alvin Weather Center Records, the average annual rain days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record. The CONTRACTOR is required to keep a record of rain days at the site The record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal At the end of the contract, the CONTRACTOR will be credited only for the number of accepted rain days that exceed 40 rain days per year, proportionate to the original Contract Time. General Notes. Sections 00100 Invitation to Bidders, 00200 Instructions to Bidders and 01505 Mobilization all make reference to provision by the CONTRACTOR of a laptop computer for use by the OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required to provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding this computer equipment. 12/2011 00800 - 1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT — ADDENDUM NO. 1 Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is Not Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times, in both directions. No lane closures to extend beyond the defined work day Contractor Will Not be required to provide an on -site construction office for the duration of this project. END OF SECTION 12/2011 00800 - 2 of 2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1 01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1 02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1 03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. General Decision Number: TX120044 01/06/2012 TX44 Superseded General Decision Number: TX20100054 State: Texas Construction Type: Heavy County: Brazoria County in Texas. HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines (Does Not Include Flood Control) Modification Number Publication Date 0 01/06/2012 * SFTX0669-001 04/01/2011 Rates Fringes SPRINKLER FITTER (Fire Sprinklers). $ 25.40 16.00 SUTX2005-018 05/18/2005 Rates Fringes Carperter $ 14.38 0.00 CEMENT MASON/CONCRETE FINISHER. .$ 11.37 1.13 ELECTRICIAN ... .$ 18.40 1.34 07/2006 00811 - 1 of 4 CITY OFPEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Formbuilder/Formsetter... .$ 9.83 1.69 IRONWORKER, REINFORCING .$ 11.29 0.00 Laborers: Common .$ 8.99 1.25 Landscape $ 7.35 0.00 Mason Tender Cement. $ 9.96 0.00 Pipelayer $ 9.63 1.50 PIPEFITTER $ 17.00 0.04 POWER EQUIPMENT OPERATOR: Backhoe. ....$ 12.74 0.00 Bulldozer $ 12.46 0.00 Crane $ 11.00 0.74 Excavator $ 16.74 0.00 Front End Loader .$ 10.47 1.28 Grader .$ 12.20 1.48 Tractor $ 11.29 1.45 TRUCK DRIVER..... .... .$ 14.42 1.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with 07/2006 00811 - 2 of 4 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates, however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour 07/2006 00811 - 3 of 4 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to. Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to. Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 07/2006 00811 - 4 of 4 CITY OF PEARLAND AD Section 00900 ADDENDUM NO. 1 Date: 04-30-2012 PROJECT State Highway 35 Waterline Extension BID NO 0312-27 BID DATE. May 3, 2012, 2 pm. FROM. Richard Golden, P.E. HR Green 11011 Richmond Avenue, Suite 375 Houston, Texas 77042 To Prospective Bidders and Interested Parties D+ ENDUM This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS SECTION 00300 — BID PROPOSAL Bid Proposal Page 3, Revise Item No 7 to read 16 Inch Gate Valve (1 each). Bid Proposal Page 3, Item No 11 — Cut and plug existing 8-inch waterline, change quantity to two (2). SECTION 00800 — SPECIAL CONDITIONS OF AGREEMENT Remove "Section 02417 Augering Pipe or Casing for Waterlines Article 3 01 states the maximum length of an auger hole for uncased PVC pipe 12 inches to 16 inches in diameter without an intermediate pit is 75 feet. For this project, auger lengths of up to 200 feet will be allowed when using the slurry bore technique." SPECIFICATIONS Add SPECIFICATION 02322 — FLOWABLE FILL. Add SPECIFICATION 02417-S — AUGERING PIPE OR CASING FOR WATER LINES. 04/2012 00900 - 1 of 2 CITY OF PEARLAND ADDENDUM CLARIFICATION All work by Contractor shall be confined to existing right-of-way and easements. The Contractor shall replace any landscaping, pavement, fencing, or other items disturbed by construction to their existing conditions at no extra cost. Where existing fences are removed, Contractor shall reinstall fences or provide temporary fence to secure the job site at the end of each working day Qualifications of Bidders, per Section 4 of the Instructions to Bidders, shall be submitted with the bid. This information will be destroyed without review for all bidders who are not the low bid. END OF ADDENDUM NO 1 Richard Golden, P.E. Tx.P.E. No 90143 04/2012 00900 - 2 of 2 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 04/2008 CITY OF PEARLAND SUMMARY OF WORK Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES A A summary of the Work to be performed under this Contract, work by Owner, Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy 1.02 WORK COVERED BY CONTRACT DOCUMENTS A Work of the Contract is for the construction of a 16-inch waterline in Pearland, TX along the west side of State Highway 35 (SH 35/Main Street) starting at Magnolia Road and extending approximately 1,850 linear feet to the south. Connections to the existing waterline on the north and south side of the proposed waterline will be included, as well as fire hydrant and meter connections. An existing 8-inch waterline will be filled with flowable fill and abandoned once construction of the proposed 16- inch waterline is completed. A field office will not be required on this project. 1.03 WORK BY OWNER 1.04 OWNER FURNISHED PRODUCTS 1.05 WORK SEQUENCE A The contractor shall construct and test proposed 16-inch waterline prior to transferring service over to the proposed 16-inch waterline and abandonment of existing 8-inch waterline. B Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01300 — Submittals. C Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 - Coordination and Meetings. 1.06 FUTURE WORK 1.07 CONTRACTOR'S USE OF PREMISES A Comply with procedures for access to the site and Contractor's use of rights -of -way as specified in Section 01140 - Contractor's Use of Premises. B Contractor shall be responsible for all utilities required for construction. 1.08 OWNER OCCUPANCY 01100 -Page 1 of 2 CITY OF PEARLAND SUMMARY OF WORK A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer B Schedule Work to accommodate this requirement. 2.0 PRODUCTS-NotUsed 3.0 EXECUTION-NotUsed END OF SECTION 01100 - Page 2 of 2 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 2 TECHNICAL SPECIFICATIONS DIVISION 2 GENERAL REQUIREMENTS CITY OF PEARLAND FLOWABLE FILL - ADDENDUM NO 1 Section 02322 FLOWABLE FILL 1.0 GENERAL 1.01 SECTION INCLUDES A Flowable Fill for furnishing, mixing, transporting and placing flowable fill. 1.02 MEASUREMENT AND PAYMENT A Measurement for flowable fill is on a cubic yard basis. B Refer to Section 01200 — Measurement and Payment Procedures. 1.03 REFERENCES A ASTM C 31 — Making and Curing Concrete Test Specimens in the Field. B ASTM C 39 — Compressive Strength of Cylindrical Concrete Specimens C ASTM C 40 — Organic Impurities in Fine Aggregates for Concrete. D ASTM C 94 — Ready -Mixed Concrete. E ASTM C 150 — Portland Cement. F ASTM C 192 — Making and Curing Concrete Test Specimens in the Laboratory G ASTM C 260 — Air -Entraining Admixtures for Concrete. H ASTM C 494 — Chemical Admixtures for Concrete. I ASTM C 618 — Coal Fly Ash and Raw or Calcined Natural Pozzalan for use as a Mineral Admixture in Concrete J ASTM C 4318 — Liquid Limit, Plastic Limit and Plasticity Index of Soils 1.04 SUBMITTALS A Conform to requirements of Section 01350 — Submittals. B Submit proposed mix design C Submit a copy of delivery tickets accompanied by batch tickets, providing the information required by ASTM C 94 to Engineer in the field at time of delivery 04/2012 02322 Page 1 of 3 CITY OF PEARLAND FLOWABLE FILL - ADDENDUM NO 1 2.0 PRODUCTS 2.01 GENERAL A Provide material conforming to 1 Cement — ASTM C 150, Type 1 2. Fly Ash — ASTM C 618, Class C, with a minimum CaO content of 20 percent. 3 Water — ASTM C 94 4 Fine Aggregate — Natural or manufactured fine aggregate, or a combination there of, free from deleterious amounts of salt, alkali, vegetable. matter or other objectionable material. The plasticity index shall be 4 or less when tested in accordance with ASTM D 4318 Organic impurities, when tested in accordance with ASTM C 40, shall not show a color darker than the standard color It is intended that the fine aggregate be fine enough to stay in suspension in the mortar to the extent required for proper flow The fine aggregate shall conform to the following gradation. Sieve Size Percent Passing 3/8 inch 100 No 200 0-10 If flowable mixture cannot be produced, the fine aggregate may not be approved. 5 Admixtures — ASTM C 260 and / or C 494 2.02 MIX DESIGN A Mix design shall state the following information. 1 Mix design number or code designation to order the concrete from the supplier 2. Design strength at 7 days (unless otherwise noted on the Plans). 3 Cement type and brand. 4 Fly ash type and brand. 5 Admixtures type and brand. 6 Proportions of each material used. B Minimum strength requirement is 100 psi in 7 days unless otherwise noted on the plans. 04/2012 02322 Page 2 of 3 CITY OF PEARLAND FLOWABLE FILL - ADDENDUM NO 1 3.0 EXECUTION 3.01 BATCHING, MIXING AND TRANSPORTATION A Batch, mix and transport flowable fill in accordance with ASTM C 94, except when directed otherwise by the engineer B Mix flowable fill in quantities required for immediate use. Do not use portions which have developed initial set or which are not in place within 90 minutes after the initial water has been added. C Do not mix flowable fill while the air temperature is at or below 35 degrees F without prior approval of the Engineer 3.02 ' PLACEMENT A Seal off the area to be filled. B Monitor and control the fluid pressure during placement of flowable fill prior to set. Take appropriate measures to avoid excessive pressure that may damage or displace structures or cause flotation. Cease operations if flowable fill is observed leaking from the repair area. Repair or replace damaged or displaced structures at no additional cost. 3.03 TESTING AND INSPECTION A Refer to Sections 01440 — Observation Services and 01450 — Testing Laboratory Services. 3.04 CLEAN UP A Clean up excess flowable fill discharged from the work area and remove excess flowable fill from pipes at no additional cost. B Refer to Section 01562 — Waste Material Disposal. END OF SECTION 04/2012 02322 Page 3 of 3 CITY OF PEARLAND SPECIAL — AUGERING PIPE OR CASING FOR WATER LINES — ADDENDUM NO 1 Section 02417-S SPECIAL — AUGERING PIPE OR CASING FOR WATER LINES Article 3.01 states the maximum length of an auger hole for uncased PVC pipe 12 inches to 16 inches in diameter without an intermediate pit is 75 feet. For this project, auger lengths of up to 200 feet will be allowed when using the slurry bore technique END OF SECTION 04/2012 02417-S - 1 of 1 CITY OF PEARLAND AUGERING PIPE OR CASING FOR WATER LINES Section 02417 AUGERING PIPE OR CASING FOR WATER LINES 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of pipe and casing for water lines by methods of augering. B References to Technical Specifications. 1 Section 01570 — Trench Safety System 2. Section 01200 — Measurement and Payment Procedures 3 Section 01350 — Submittals 4 Section 01500 — Temporary Facilities and Controls 5 Section 02635 — Steel Pipe and Fittings 6 Section 02318 — Excavation and Backfill for Utilities 7 Section 01140 — Contractor's Use of Premises C Referenced Standards 1 American Association of State Highway and Transportation Officials (AASHTO) 1.02 MEASUREMENT AND PAYMENT UNIT PRICES A Measurement for augered casing with water pipe will be on a linear foot basis measured from end to end of the casing. B Payment of augered casing with water pipe will be full compensation for all labor, equipment, casing, water pipe, materials and supervision for construction complete in place including dewatering, augering, joints, spoil removal, pipe installation, grouting, utility adjustments, testing, and cleanup, and other work necessary for construction as shown on the Plans and as specified. C Measurement of augered water pipe will be on a linear foot basis along the axis of the pipe from auger pit to auger pit. D Payment of augered water pipe will be full compensation for labor, pipe, equipment, materials, and supervision for construction complete in place including dewatermg, jacking, utility adjustments, testing, cleanup, and other work necessary for construction as shown on the Plans and as specified. E No separate payment will be made for auger pits and other excavations under this section. Include cost of excavation, surface restoration, pavement repair, etc., for auger pits or observation pits in Sections related to the open -cut utility installation portion of the Work. Include cost of trench safety for auger pits or observation pits in Section 01570 — Trench Safety Systems. F Refer to Section 01200 - Measurement and Payment Procedures. 02/2008 02417 - 1 of 6 CITY OF PEARLAND AUGERING PIPE OR CASING FOR WATER LINES 1.03 SUBMITTALS A Submit product data in accordance with requirements of Section 01350 - Submittals B Submit product data for casing insulators for approval. C Prior to commencement of work, furnish for the Engineer's approval, a plan showing pit locations Approval of this plan will not relieve Contractor from responsibility to obtain specified results. D Show actual pit locations dimensioned on as -built drawings so that they can be identified in field. 1.04 REGULATORY REQUIREMENTS A Conform to Texas Department of Transportation for installations under state highways. Owner will obtain required permits for State Highway crossings City will make submittal to TxDOT Contractor will supply Traffic Control Plans. B Installations under railroads. 1 Secure and comply with requirements of right -of -entry for crossing railroad company's easement or right-of-way from railroad companies affected. Comply with railroad permit requirements. Submit copy to the Engineer 2. Use dry auger method only 3 No extra compensation for damages due to delays caused by the railroad requesting work to be done at hours which will not inconvenience the railroad. 4 Maintain minimum 35-foot clearance from centerline of tracks. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 — Temporary Facilities and Controls. 1.06 CRITERIA FOR DETERMINING INSTALLATION LOADS A Pipes and casings shall be selected by the Contractor to carry overburden pressure and applicable surcharge and installation loads. B The criteria to be used for truck loading shall be HS-20 vehicle loading distributions in accordance with AASHTO C The Contractor shall be responsible for the selection of the casing, pipe, and pipe joints to carry the thrust of the jacks or loads due to the pulling mechanism. D The Contractor shall select the diameter of the casing to meet the minimum dimensions defined in the Plans, and to permit practical installation (including skids, pipe spiders and shims, if apphcable) and grouting, where required. 02/2008 02417 - 2 of 6 CITY OF PEARLAND AUGERING PIPE OR CASING FOR WATER LINES 2.0 PRODUCTS 2.01 MATERIALS A Piping and Fittings. As required by Plans. B Casings Where required by Plans, in accordance with Section 02635 - Steel Pipe and Fittings. C Insulators Where casings are required by Plans, casing insulator width 8 inches for pipe sizes 4 to 14 inches, 12 inches for pipe sizes 16 to 30 inches. 1 For welded steel pipe 12 inches and smaller, use Pipeline Seal & Insulator Model PE, or approved equal. 2. For other pipe materials, use Pipeline Seal & Insulator Model C8G-2 or approved equal for pipe sizes up to 12 inches. 3 For all pipe sizes above 12 inches, use Pipeline Seal & Insulator Model C12G-2 or approved equal. D Casing End Seals. Provide Pipeline Seal & Insulator Model C or approved equal. 3.0 EXECUTION 3.01 GENERAL A Do not exceed 100 feet for length of auger hole for uncased PVC pipe less than 12 inches in diameter without intermediate pit. B Do not exceed 75 feet for length of auger hole for uncased PVC pipe 12 inches to 16 inches in diameter without intermediate pit. C Do not exceed 80 feet for length of auger hole for uncased PVC pipe greater than 16- inches in diameter without intermediate pit. 3.02 PREPARATION A Secure right -of -entry for crossing railroad company's easement or right-of-way 3.03 JACKING A Comply with Section 01570 - Trench Safety Systems for all pits, access shafts, end trenches and other excavations relating to work required by this specification. B If grade of pipe at jacking end is below ground surface, excavate suitable pits or trenches for conducting jacking operations and for placing end joints of pipe. Wherever end trenches are cut in sides of embankment or beyond it, sheath securely and brace such work to prevent earth caving. C No more than one joint shall be made-up in pit or trench prior to jacking. 02/2008 02417 - 3 of 6 CITY OF PEARLAND AUGERING PIPE OR CASING FOR WATER LINES D Construction shall not interfere with operation of railroad, street, highway, or other facility, nor weaken or damage embankment or structure. E During construction operations, furnish and maintain barricades and lights to safeguard traffic and pedestrians as directed by the Engineer, until such time as backfill has been completed and removed from site. F Provide heavy-duty jacks suitable for forcing pipe through embankment. Use suitable jacking head, usually of timber, and suitable bracing between jacks and jacking head and suitable jacking frame or backstop so that jacking pressure will be applied to pipe uniformly around ring of pipe. Set pipe to be jacked on guides, properly braced together, to support section of pipe and to direct it in proper line and grade. Place jacking assembly in line with direction and grade of pipe. Excavate embankment material just ahead of pipe and remove material through pipe. Force pipe through embankment with jacks, into space thus provided. G Conform excavation for underside of pipe to contour and grade of pipe, for at least one third of circumference of pipe. Provide clearance of not more than 2 inches for upper half of pipe. Taper off upper clearance to zero at point where excavation conforms to contour of pipe. H Distance that excavation shall extend beyond end of pipe depends on character of material, but it shall not exceed 2 feet in any case. Decrease distance on instructions from the Engineer, if character of material being excavated makes it desirable to keep advance excavation closer to end of pipe. Jack pipe from low or downstream end. Lateral or vertical variation in final position of pipe from line and grade established by the Engineer will be permitted only to extent of 1 inch in 10 feet, provided such variation is regular and only in one direction and that final grade of flow line is in direction indicated on plans. J Use cutting edge of steel plate around head end of pipe extending short distance beyond end of pipe with inside angles or lugs to keep cutting edge from slipping back onto pipe. K Once jacking of pipe is begun, carry on without interruption to prevent pipe from becoming firmly set in embankment. L Remove and replace any pipe damaged in jacking operations. M Backfill pits or trenches excavated to facilitate jacking operations immediately after completion of jacking of pipe. N Grout annular space when loss of embankment occurs or when clearance of two inches is exceeded. 02/2008 02417 - 4 of 6 CITY OF PEARLAND AUGERING PIPE OR CASING FOR WATER LINES 3.04 AUGERING (BORING) A Auger from approved pit locations. Excavate for pits and install shoring as outlined above under "Jacking." Auger mechanically with use of a pilot hole entire length of crossing and check for line and grade on opposite end of bore from work pit. The large hole is to be no more than 2 inches larger than diameter of bell. Place excavated material outside working pit and dispose of as required. Use water or other fluids in connection with boring operation only to lubricate cuttings, jetting will not be permitted. B In unconsolidated soil formations, a gel -forming colloidal drilling fluid may be used. Fluid is to consist of at least 10 percent of high-grade processed bentonite and shall consohdate cuttings of bit, seal walls of hole, and shall furnish lubrication for subsequent removal of cuttings and installation of pipe. 3.05 PIPE IN CASING A Pipes shall be installed in augered casings in accordance with this Section, as applicable. B Bottom of trench adjacent to each end of casing should be graded to provide firm, uniform, and continuous support for carrier pipe. If trench requires some backfill to establish final trench bottom grade, backfill material should be placed in 6-inch lifts and each layer properly compacted. C Install casing end seals in accordance with manufactures specifications. 3.06 INSULATOR INSTALLATION A Casing spacers and/or insulators should be installed in accordance with manufacturer's instructions. Special care should be taken to ensure that all subcomponents are correctly assembled and evenly tightened, and that no damage occurs during tightening or carrier pipe insertion. B Spacing of spacers or insulators should ensure that carrier pipe is adequately supported throughout its length, particularly at ends, to offset settling and possible electrical shorting. End spacer must be within 6 inches of end of casing pipe, regardless of size of casing and carrier pipe or type of spacer used. Casing spacers are designed to withstand much greater loads than can be safely applied to most coatings. Therefore, spacing between spacers depends largely on load bearing capabilities of pipe coating and flexibility of pipe. 1 Spacing shall be as shown on Plans with maximum distance between spacers to be 10 feet for pipe sizes 4 to 14 inches and 8 feet for pipe sizes 16 to 30 inches. 2. For ductile iron pipe, flanged pipe, or bell -and -spigot pipe, spacers should be installed within one foot on each side of bell or flange and one in center of joint when 18- to 20-foot-long joints are used. 3 If casing or carrier pipe is angled, bent, or dented, spacing should be reduced. 02/2008 02417 - 5 of 6 CITY OF PEARLAND AUGERING PIPE OR CASING FOR WATER LINES C Where metallic carrier pipe is to be placed in metallic casing, provide electric insulating type spacers to ensure no contact between carrier pipe and casing. 3.07 FILLING ANNULAR SPACE A Allowable variation from line and grade shall be as specified under "Jacking." Block void space around pipe in augered hole with approximately 12 inches of packed clay or similar material approved by the Engineer, to prevent bedding or backfill from entering the void around the pipe in the augered hole when compacted. For pipe diameters 4 inches through 8 inches use minimum 1/2 cubic foot clay for pipe diameters 12 inches through 16 inches use minimum 3/4 cubic foot clay 3.08 AUGER PITS A Locate auger pits where there is minimum interference with traffic or access to property B Pit Size: Provide minimum 6-inch space between pipe and walls of bore pit. Maximum allowable width of pit shall be 5 feet unless approved by the Engineer Width of pit at surface shall not be less than at bottom. Maximum allowable length of pit shall be no more than 5 feet longer than one full joint of pipe and shall not exceed 25 feet unless approved by the Engineer C Excavate bore pits to finished grade at least 6 inches lower than grade indicated by stakes or as approved by the Engineer D Backfill in accordance with Section 02318 — Excavation and Backfill for Utihties. 3.09 CLEAN UP AND RESTORATION A Perform clean up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. 3.10 PROTECTION OF THE WORK A Protect and maintain all pipe and casing augering in good condition until completion of Work. END OF SECTION 02/2008 02417 - 6 of 6 CITY OF PEARLAND APPENDIX A APPENDIX A PHASE 1 ENVIRONMENTAL ASSESSMENT REPORT DRAFT REPORT PHASE I ENVIRONMENTAL SITE ASSESSMENT TEXAS SH 35 AT MAGNOLIA STREET WATER LINE REPLACEMENT PEARLAND, TEXAS PREPARED FOR: HR Green, Inc. 11000 Richmond Avenue, Suite 300 Houston, Texas 77042 PREPARED BY• HTS, Inc. Consultants 416 Pickering Street Houston, Texas 77091 HTS Project No.: 11-S-306 November 30, 2011 TABLE OF CONTENTS Paee No. 1.0 EXECUTIVE SUMMARY 1 2.0 INTRODUCTION 5 2.1 AUTHORIZATION 5 2.2 PURPOSES OF THE PHASE I ENVIRONMENTAL SITE ASSESSMENT 5 2.3 SCOPE OF THE PHASE I ENVIRONMENTAL SITE ASSESSMENT 6 3.0 SITE DESCRIPTION 7 3.1 SITE LOCATION 7 3.2 UTILITIES 7 3.3 CURRENT USE OF THE SUBJECT SITE AND ADJOINING PROPERTIES 7 4.0 RECORD REVIEW 8 4.1 ENVIRONMENTAL RECORDS 8 4.2 HISTORICAL USE INFORMATION 13 4.3 LOCAL, CITY DIRECTORIES 14 4.4 SANBORN FIRE INSURANCE MAPS 15 5.0 STUDY AREA CHARACTERIZATION 15 5.1 ZONING AND LAND USE 16 5.2 GEOLOGY 16 5.3 SURFACE FAULTING 17 5.4 LAND SUBSIDENCE 18 5.5 SITE SUBSURFACE SOIL CONDITIONS 18 5.6 TOPOGRAPHY AND DRAINAGE 19 5.7 FLOODING 19 5.8 HYDROGEOLOGY 19 5.9 WETLANDS 20 5.10 HISTORICAL/ARCHEOLOGICAL SIGNIFICANCE 20 6.0 SITE RECONNAISANCE OF THE SUBJECT SITE 20 7.0 INTERVIEWS 22 8.0 OPINIONS 23 9.0 RECONMENDATIONS 24 10.0 CLOSING REMARKS 24 Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 TABLE OF CONTENTS (Continued) FIGURES Vicinity Map Current Use of the Subject Site and Adjoining Properties Site Recon Route Aerial Photograph Topographic Map APPENDICES Appendix A Photographs Appendix B Regulatory Database Report Appendix C List of Historical Aerial Photographs Appendix D List of Oil and Gas Wells Appendix E Sanborn Fire Insurance Map Search Appendix F Historical Tenant Search -City Directories Appendix G Federal Emergency Management Agency Flood Insurance Rate Map Appendix H National Wetlands Inventory Map Appendix I Agency Correspondence -Texas Historical Commission Response Appendix J National Resources Conservation Service — Soil Map Appendix K Resume DRAFT REPORT PHASE I ENVIRONMENTAL SITE ASSESSMENT TEXAS SH 35 AT MAGNOLIA STREET WATER LINE REPLACEMENT PEARJ.AND, TEXAS 1.0 EXECUTIVE SUMMARY The City of Pearland plans to replace approximately 2,000 feet of 16-inch diameter water line with an invert depth of about 5 feet below the ground surface within the City of Pearland rights -of -way along Texas State Highway 35 (Also known as S. Main Street) (see Key Map 615 Square T). HTS, Inc. Consultants (HTS) has conducted a Phase I Environmental Site Assessment (ESA) for the proposed water line replacement in accordance with the guidelines contained in the ECRE Standard Practice (2003) for conducting Phase I ESAs on right-of-way and the 2005 American Society for Testing and Materials Standard E 1527-2005 entitled "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments Process". The purpose of this Phase I ESA is to identify recognized environmental conditions (RECs). As defined in ASTM E 1527-05, "The term recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater or surface water of the property " The Phase I ESA included: • A database search of environmental records of the subject site (subject rights -of -way) and surrounding properties. • A review of historical records to verify past uses of the subject site and adjoining properties. • A site reconnaissance of the subject site. During the site reconnaissance, the subject site was visually inspected for the presence and management of hazardous substances, and petroleum projects. Environmental impacts including contaminated waste(s), contaminated soil, and/or contaminated water were also inspected. • Interviews to obtain information relevant to the subject site and adjoining properties. • Identification of the current uses and status of properties adjoining the subject site in order to evaluate their potential as sources of contamination. -2- • Characterize the study area and evaluate the potential environmental liabilities that exist in the study area with, regard to other potential environmental hazards such as conflicting land use, surface faulting, land subsidence, flooding, and historical/ archeological sites. The pertinent findings, conclusions, and recommendations of this draft Phase I ESA are summarized below. • Site History and Adjoining Properties — HTS's historical review indicated that the Texas State Highway 35 and Atchison, Topeka, and Santa Fe Railroad tracks has been constructed in 1938 (ASCS, 1938 Aerial Photograph). Some industrial, commercial, and residential developments have begun within the vicinity since 1969 (WALLACE, 1969 Aerial Photograph). The Aggreko, Inc., Weatherford US, Inc., Weatherford International, Inc., and Weatherford Secure Drilling, Inc. had been constructed just west of the subject site as shown in the 1989 TXDOT Aerial Photograph in Appendix C. Currently, the Lions Club of Pearland, Wood Group Logging Services, Inc., and Weatherford Secure Drilling, Inc. are adjoining the west right-of-way. Valero Gas Station, Dollar General, and Park Place Sports & Awards are adjoining the east right- of-way of the proposed Texas State Highway 35. • Regulatory Database Review — Our review of the environmental regulatory agency database identified the existence of 2 Resource Conservation Recovery Act Generators (RCRA GEN) List, 1 state/Tribal Equivalent National Priorities List (ST NPL), 6 Leaking Petroleum Storage Tank (LPST) Facilities List, 9 Registered Petroleum Storage Tank (PST) Facilities List, 1 Voluntary Cleanup Program (VCP) Sites List, 3 Resource Conservation Recovery Act (RCRA) Corrective Action (C) Site, and 6 Industrial and Hazardous Waste (IHW) sites. Based on the available regulatory information, site observations, and/or topographic location relative to the subject site, the identified facilities would not be considered RECs with respect to the subject site. The following RECs were identified about the subject site and adjoining properties. Database Listing Facility Name/Address : ASTM.Approximate Minimum Search Distance, as Modified by City of Houston ECRE Standard Practice Total Sites Resource Conservation . Recovery Act Generators (RCRA GEN) List Weatherford International, Inc. 3632 S. Main Street, Pearland, Texas Subject Site & adjoining properties 2 Weatherford US Inc. 3810 Magnolia Street, Pearland, Texas State/Tribal Equivalent National Priorities List (ST NPL) James Barr Facility 3300 Industrial Drive, Pearland, Texas 1 mile 1 -3- Database Listing Facility Nanie/Address ASTM Approximate Minimum Search Distance, as Modified by City of .Houston ECRE Standard Practice Total Sites Leaking Petroleum3808 Storage Tank (LPST) Facilities :List Y AND S Food Mart 3501 S. Main Street, Pearland, Texas 500 feet 6 Dresser Industries 3401 S. Main, Pearland, Texas Whiting Oilfield Rental Inc. Magnolia Street, Pearland, Texas Chance Collar Co. 3810 Magnolia Street, Pearland, Texas Homco Facility 3236 Main Street/ 3232 Main Street, Pearland, Texas Midwest Steel 3901 Magnolia Street, Pearland, Texas Registered Petroleum :Storage Tanlc. (PST) Facilities. List : Homco International 3632 S. Main Street, Pearland, Texas Subject Site & adjoining properties 9 Lizer Food Mart 3501 S. Main Street, Pearland, Texas Quick Stuff 352 3426 S. Main Street, Pearland, Texas Aggreko 3732 Magnolia Street, Pearland, Texas Imperial Trucking 3802 Magnolia Street, Pearland, Texas Dresser Industries 3401 S. Main Street, Pearland, Texas The Car Spot 3404 S. Main Street, Pearland, Texas Whiting Oilfield Rental 3808 Magnolia Street, Pearland, Texas Chance Collar 3810 Magnolia Street, Pearland, Texas -4- Database Listing Facility Name/Address ASTM Approximate Minimum Search Distance, as Modified by City of Houston ECRE Standard Practice Total Sites Voluntary Cleanup Program (VCP) Sites List Midwest Corporation — Steel Division 3901 Magnolia Street, Pearland, Texas 500 feet 1 Resource Conservation Recovery Act (RCRA) Corrective Action (C) Site Aggreko Inc. 3732 Magnolia Street, Pearland, Texas 500 feet 3 Baker Hughes Incorporated 3401 S. Main Street, Pearland, Texas Weatherford International 3808 Magnolia Street, Pearland, Texas lndustrial.and Hazardous Waste (IHW) :sites Pearland Tool 3632 S. Main Street, Pearland, Texas Subject Site & adjoining properties 6 Aggreko 3732 Magnolia Street, Pearland, Texas Envirospec of Texas Recycler 3304 Old Alvin Road, Pearland, Texas Baker Atlas 3401 S. Main Street, Pearland, Texas Weatherford International Oil Field Rental 3808 Magnolia Street, Pearland, Texas Weatherford Pearland Manufacturing 3810 Magnolia Street, Pearland, Texas The above facilities identified in the regulatory database review do not constitute RECs to the site based on distance, topographic relationship, facility characteristics, and a previous field investigation as discussed in this report. • Site Reconnaissance — Site reconnaissance was conducted by Mr. Kyongsun Kim, an Environmental Scientist, on November 4, 2011. The site was observed during a walking survey to ascertain any visible evidence of environmental stress or damage within or near the subject site. The proposed 16-inch water line is approximately 2,000 l.f. located within the City of Pearland rights -of -way along the Texas State Highway 35. Our site reconnaissance did not identify potential sources that may pose an environmental concern to the subject site. -5- • Site History and Adjoining Properties — HTS's historical review indicated that the Texas State Highway 35 and Atchison, Topeka, and Santa Fe Railroad tracks has been constructed in 1938 (ASCS, 1938 Aerial Photograph). Some industrial, commercial, and residential developments have begun within the vicinity since 1969 (WALLACE, 1969 Aerial Photograph). The Aggreko, Inc., Weatherford US, Inc., Weatherford International, Inc., and Weatherford Secure Drilling, Inc. had been constructed just west of the subject site as shown in the 1989 TXDOT Aerial Photograph in Appendix C. Currently, the Lions Club of Pearland, Wood Group Logging Services, Inc., and Weatherford Secure Drilling, Inc. are adjoining the west right-of-way. Valero Gas Station, Dollar General, and Park Place Sports & Awards are adjoining the east right- of-way of the proposed Texas State Highway 35. • Conclusion — Based on the information presented in this report, no evidence of recognized environmental conditions was identified with regards to the subject site. A Phase II ESA for further assessment is not recommended at this time. 2.0 INTRODUCTION 2.1 AUTHORIZATION This phase I ESA was conducted by HTS, Inc. Consultants (HTS) for HR Green Inc. in accordance with HTS Proposal No. HRG-3049, dated May 26, 2011 and a Subcontract for Consultant Services (HR Green Project No.: 195380J), dated October 21, 2011. 2.2 PURPOSES OF THE PHASE I ENVIRONMENTAL SITE ASSESSMENT The purpose of this Phase I ESA was to identify recognized environmental conditions in connection with the subject site. As defined in ASTM E 1527-05, "The term recognized environmental conditions means the presence or likely presence of any hazardous substances of petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into the structures on the property or into the ground, ground water or surface water of the property." Such conditions, if they are found to exist, could result in adverse impacts to the construction project such as worker safety hazards, and require the management and control of contaminated soil and groundwater. For purposes of this Phase I ESA, environmental liabilities were defined as: • contaminated waste(s), contaminated soil, or contaminated water which, under state and federal laws, would require remediation at extraordinary costs, or • other potential environmental hazards such as conflicting land use, surface faulting, land subsidence, surface soils, flooding, wetlands, and historical/archeological sites. -6- HTS performed this Phase I ESA in general accordance with the guidelines contained in the ECRE Standard Practice for conducting phase I ESAs on right-of-way and the 2005 American Society for Testing and Materials Standard E 1527-2005 entitled "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments Process". 2.3 SCOPE OF THE PHASE I ENVIRONMENTAL SITE ASSESSMENT The scope of work for this Phase I ESA has been developed to comply with the guidelines contained in the ECRE Standard Practice for conducting phase I ESAs on right-of-way and the 2005 American Society for Testing and Materials Standard E 1527-2005. If the ESA satisfies "due diligence" requirements, HR Green, Inc. should be able to develop the site with full knowledge of the environmental liabilities pertaining to the Subject Right -of - Way. The specific property location and configuration, addressed by this Phase I ESA, are defined in Figures 1 through 3. The study area encompassed by this Phase I ESA is defined in Figure 4. The scope of work for this Phase I ESA of the subject site was considered to comply with "due diligence" requirements of the: ■ Guidelines contained in the American Society for Testing and Materials Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM E 1527-05 and ECRE Standard Practice April 2003). ■ A review of historical records, including aerial photographs, local city directories and topographic maps to verify past uses of the subject site and adjoining properties. ■ A database search and review of environmental records for potential sources of contamination along the subject site and surrounding properties. ■ An on -site reconnaissance of the subject site. During the site reconnaissance, observations of the subject site and adjoining areas were conducted for indications of hazardous wastes and petroleum products, and any obvious signs of environmental release or impacts. ■ Interviews to obtain information relevant to the subject site and adjoining properties. ■ Current uses and status of adjoining properties were identified in order to evaluate their potential to act as sources of contamination. -7- ■ Characterize the study area and evaluating the potential that environmental liabilities existed in the study area with regard to other potential environmental hazards such as conflicting land use, surface faulting, land subsidence, flooding, and historical/ archeological sites. Site reconnaissance was conducted on November 4, 2011 as shown in Figure 3. 3.0 SITE DESCRIPTION 3.1 SITE LOCATION Generally, the project site is located approximately 1.3 miles south of the City of Pearland downtown. The proposed site for the 16-inch water line will include the alignment (Right - of -Way to Right -of -Way) along Texas State Highway 35 from Magnolia Street to approximately 2,000 feet southward. The 16-inch water line will have an invert depth of about 5 feet below the ground surface. The existing Texas State Highway 35 is currently a 4-lane asphalt paved roadway with no median divider. Atchison, Topeka, and Santa Fe Railroad tracks, runs in a north -south direction, is located approximately 1,900 feet west of the subject site. 3.2 UTILITIES CenterPoint Energy provides electrical and natural gas service to the properties adjoining the subject site. The City of Pearland provides water, storm sewer and sanitary sewer services to the neighborhood around the subject site. 3.3 CURRENT USE OF THE SUBJECT SITE AND ADJOINING PROPERTIES As shown and identified on the aerial photographs in Figure 4 and the photographs in Appendix A, the following businesses, facilities, and properties adjoin the rights -of -way of the Texas State Highway 35. • Valero Gas Station is located at 3501 S. Main Street (Texas State Highway 35), Pearland, Texas. Generally, Valero Gas Station is located to the southeast corner of the intersection between S. Main Street and John Lizer Road. • Lions Club of Pearland is located at 3350 S. Main Street, Pearland, Texas. • Wood Group Logging Services, Inc. is located at 3446 S. Main Street, Pearland, Texas. • Weatherford Secured Drilling, Inc. is located at 3632 S. Main Street, Pearland, Texas. • Dollar General and Park Place Sports & Awards are located at 3631 Main Street, Pearland, Texas. -8- 4.0 RECORDS REVIEW 4.1 ENVIRONMENTAL RECORDS On November 9, 2011, Banks Environmental Data, Inc. (Banks) conducted a search of environmental agency database records for the subject site and the surrounding area. Banks Radius Search Report is contained in Appendix B. The search radii from the subject site were in accordance with the ASTM E 1527-05 minimum search distances. The database records contain information on environmental incidents, conditions, notifications, and registrations reported to the United States Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), Texas Railroad Commission (TRRC), and other appropriate state agencies. The information on each site was reviewed to determine if the site is an environmental concern to the subject site. A site map showing the radius search area and registered facilities in the database records is included in the Radius Report in Appendix B. The information on each site was reviewed to determine if the site is within the ASTM E 1527-05 minimum search distance as modified by the ECRE Standard Practice. The following table summarizes the Banks Radius Search Report for those sites within the ASTM E 1527-5 minimum search distance as modified by the ECRE Standard Practice. Table 1 Summary of Environmental Database Records Database :Listing ASTM Approximate Minimum Search Distance, as .Modified by .City of.Houston ECRE Standard Practice. Total Sites National Priorities List (NPL), Delisted National Priorities List (DNPL), and Record of Decision System (RODS), 1.0 mile 1 Comprehensive Environmental Response and Liability Information System (CERCLIS) List O.Smile 0 CERCLIS No Further Remedial Action Planned Site List 500 feet 0 Resource Conservation and Recovery Act (RCRA) Corrective Action (C) Site 500 feet 3 RCRA Treatment, Storage, and Disposal (TSD) Facilities 0.5 mile 0 RCRA Generator/Handler (G) List Subject Site & adjoining properties 2 Emergency Response Notification System (ERNS) List Subject Site 0 -9- Database Listing ASTM Approximate Minimum Search Distance, as Modified by City of Houston ECRE Standard Practice Total Sites Open Dump Inventory 500 feet 0 Texas State Superfund List 1.0 mile 0 Voluntary Cleanup Program (VCP) Sites List 500 feet 1 Municipal Solid Waste Landfills (MSWLF) 500 feet 0 Texas Closed and Abandoned Landfill Inventory 500 feet 0 Leaking Petroleum Storage Tank (LPST) Facilities List 500 feet 6 Registered Petroleum Storage Tank (PST) Facilities List Subject Site & adjoining properties 9 Spills Listings (SPILLS) Subject Site & adjoining properties 0 Industrial and Hazardous Waste (IHW) List Subject Site & adjoining properties 6 Innocent Owner/Operator Program (IOP) List 500 feet 0 Dry Cleaner Registration (DCR) 500 feet 0 Brownfield Site Assessment (BSA) 500 feet 0 The review of the database revealed the following information about the target property and adjacent areas (See Appendix B, Banks Environmental Data, Inc. (Banks) Database). ■ There are 2 Resource Conservation Recovery Act (RCRA) Generators site located within 1/2 mile of the subject site as follows. ➢ The first RCRA GEN site is Weatherford International, Inc. at 3632 S. Main Street, Pearland, Texas. The Weatherford International, Inc. is located approximately 0.02 mile southwest of the site (EPA Handler ID: TXD980748149/Contact: Patrick Ford, 713-693-4330). EPA verified that the generator is conditionally exempt small quantity generator. This facility does not exist on the Operating/Post-Closure Permit Baseline. ➢ The second RCRA GEN site is Weatherford US, Inc. at 3810 Magnolia Street, Pearland, Texas. The Weatherford US, Inc. is located approximately 0.25 mile southwest of the site (EPA Handler ID: TXD987986171/Contact: Larry Moorman, 281-652-1300). EPA verified that the generator is conditionally exempt small quantity generator. This facility does not exist on the Operating/Post-Closure Permit Baseline. -10- • There is a State/Tribal Equivalent National Priority List (ST NPL) site reported within 1 mile of the subject site. The ST NPL site is James Barr Facility at 3300 Industrial Drive, Pearland, Texas. The James Barr Facility is located approximately 0.38 mile north of the site (EPA ID: TXSFN0605176/ Contact: Ms. Carol Boucher, P.G., 512-239- 2501). EPA verified that this facility was used as a storage site for hazardous waste transported in by vacuum trucks and unloaded into various above ground storage tanks located on this facility property. A hazardous spill occurred in 1997 due to the leak of benzene and 1 and 2 — dichloroethane on the ground. The affected media is groundwater and surface water. This facility is currently under evaluation. IN There are 3 Resource Conservation Recovery Act (RCRA) sites located within 'A mile of the subject site as follows. > The first RCRA site is Aggreko, Inc. located at 3732 Magnolia Street, Pearland, Texas. The Aggreko, Inc. is located approximately 0.11 mile southwest of the site (EPA Handler ID: TXD988088282/Contact: Mr. Bruce Pool, 713-485-4471). EPA verified there was no registered generator for this RCRA facility. This facility does not exist on the Operating/Post-Closure Permit Baseline. > The second RCRA site is Baker Hughes, Inc. at 3401 S. Main Street, Pearland, Texas. The Baker Hughes, Inc. is located approximately 0.2 mile north of the site (EPA Handler ID• TXD083582940/Contact: Mr. Louis Galindo, 713-485-8311). EPA verified there was no registered generator for this RCRA facility. This facility does not exist on the Operating/Post-Closure Permit Baseline. ➢ The third RCRA site is Weatherford International, Inc. at 3808 Magnolia Street, Pearland, Texas. The Weatherford International, Inc. is located approximately 0.22 mile west of the site (EPA Handler ID: TXD988050217/Contact: Mr. Patrick Ford, 713-693-4913). EPA verified there was no registered generator for this RCRA facility. This facility does not exist on the Operating/Post-Closure Permit Baseline. • Fifteen leaking petroleum storage tanks (LPST) were reported at 6 sites within 500 feet of the subject site registered at TCEQ (the Texas Commission of Environmental Quality). The locations and details of LPST listed at TCEQ database are as follows: ➢ Three tanks (Tanks Nos. 1 through 3) were situated in Y and S Food Mart located at 3501 S. Main Street, Pearland, Texas (about 0.02 mile northeast of the site). The report indicated that no groundwater was impacted and there were no apparent threats or impacts to receptors. The final concurrence was issued and case was closed. Currently, tank Nos. 1 through 3 are still in use. ➢ Three tanks (Tank Nos. 1 through 3) were situated in Dresser Industries located at 3401 S. Main Street, Pearland, Texas (about 0.2 mile north of the site). The report indicated that the drinking water aquifer or water well was impacted and threatened but the site characterization was incomplete. The final concurrence was issued and case was closed. Tank Nos. 1 through 3 were removed from the ground on April 20, 1989. -11- ➢ Three tanks (Tank Nos. 1 through 3) were situated in Whiting Oilfield Rental, Inc. located at 3808 Magnolia Street, Pearland, Texas (about 0.22 mile west of the site). The report indicated that the soil was only contaminated but full site assessment and remedial action plan were required for this facility. The final concurrence was issued and case was closed. Tank Nos. 1 through 3 were removed from the ground on October 29,1989. ➢ Two tanks (Tank Nos. 1 and 2) were situated in Chance Collar Co. located at 3810 Magnolia Street, Pearland, Texas (about 0.25 mile southwest of the site). The report indicated that no groundwater was impacted and there were no apparent threats or impacts to receptors. The final concurrence was issued and case was closed. Tank Nos. 1 and 2 were removed from the ground on May 3, 1989. ➢ Two tanks (Tank Nos. 1 and 2) were situated in Homco Facility located at 3236 Main Street, Pearland, Texas (about 0.31 mile northwest of the site). The report indicated that no groundwater was impacted and there were no apparent threats or impacts to receptors. The final concurrence was issued and case was closed. Tank Nos. 1 and 2 were removed from the ground on October 1, 1989. ➢ Two tanks (Tank Nos. 1 and 2) were situated in Midwest Steel located at 3901 Magnolia Street, Pearland, Texas (about 0.36 mile west of the site). The report indicated that there was a minor soil contamination and no remedial action plan was required. The final concurrence was issued and case was closed. Tank Nos. 1 and 2 were removed from the ground on November 1,1990. ■ Nineteen registered petroleum storage tanks (PST) were reported at 9 sites located at the adjoining properties. The locations and details of PST listed at TCEQ database are as follows: ➢ Two tanks (Tank Nos. 1 and 2) were situated in Homco International located at 3632 S. Main Street, Pearland, Texas (about 0.02 mile southwest of the site). These tanks were removed from the ground on October 1, 1989. ➢ Three tanks (Tank Nos. 1 through 3) were situated in Lizer Food Market located at 3501 S. Main Street, Pearland, Texas (about 0.02 mile northeast of the site). Currently, these tanks are still in use. ➢ Two tanks (Tank Nos. 1 and 2) were situated in Quick Stuff 352 located at 3426 S. Main Street, Pearland, Texas (about 0.05 mile northwest of the site). Currently, these tanks are still in use. ➢ One tank (Tank No. 1) was situated in Aggreko, Inc. located at 3732 Magnolia Street, Pearland, Texas (about 0.11 mile southwest of the site). Currently, this tank is still in use. -12- 1 ➢ Two tanks (Tank Nos. 1 and 2) were situated in Imperial Trucking located at 3802 Magnolia Street, Pearland, Texas (about 0.17 mile west of the site). Currently, these tanks are still in use. ➢ Three tanks (Tank Nos. 1 through 3) were situated in Dresser Industries located at 3401 S. Main Street, Pearland, Texas (about 0.2 mile north of the site). These tanks were removed from the ground on April 20,1989. ➢ One tank (Tank No. 1) was situated in The Car Spot located at 3404 S. Main Street, Pearland, Texas (about 0.21 mile northwest of the site). This tank was removed from the ground on April 25, 1995. ➢ Three tanks (Tank Nos. 1 through 3) were situated in Whiting Oilfield Rental, Inc. located at 3808 Magnolia Street, Pearland, Texas (about 0.22 mile west of the site). These tanks were removed from the ground on October 29,1990. ➢ Two tanks (Tank Nos. 1 and 2) were situated in Chance Collar located at 3810 Magnolia Street, Pearland, Texas (about 0.25 mile southwest of the site). These tanks were removed form the ground on May 3,1989. ■ There is a voluntary cleanup program (VCP) sites reported within 500 feet of the subject site as follows. ➢ The VCP site is Midwest Corporation — Steel Division located 3901 Magnolia Street, Pearland, Texas. The Facility type was used as railroad products warehouse (VCP ID is 214/ Owner: Mr. Tracy Goza, 832-736-9600). The media affected was soil and this VCP site was completed on September 15,1998. ■ There are 6 registered Industrial and Hazardous Waste (IHW) sites located at the adjoining properties of the subject site as follows. ➢ The first IHW site is Pearland Tool located at 3632 S. Main Street, Pearland, Texas (EPA ID: TXD980748149/TCEQ ID: 011107). The status of this IHW site is active. ➢ The second IHW site is Aggreko, Inc. located at 3732 Magnolia Street, Pearland, Texas (EPA ID: TXD988088282/TCEQ ID: 036196). The status of this IHW site is inactive. ➢ The third IHW site is Envirospec of Texas Recycler located at 3304 Old Alvin Road, Pearland, Texas (TCEQ ID: 007488). The status of this IHW site is inactive. ➢ The fourth IHW site is Baker Atlas located at 3401 S. Main Street, Pearland, Texas (EPA ID: TXD083582940/TCEQ ID: 028087). The status of this IHW site is inactive. -13- ➢ The fifth IHW site is Weatherford International Oil Field Rental located at 3808 Magnolia Street, Pearland, Texas (EPA ID: TXD988050217/TCEQ ID: 016326). The status of this IHW site is inactive. ➢ The sixth IHW site is Weatherford Pearland Manufacturing located at 3810 Magnolia Street, Pearland, Texas (EPA ID: TXD987986171/TCEQ ID: 012360). The status of this IHW site is active. ■ No Texas State Superfund Sites are located within 1 mile of the property. ■ No Dry Cleaner Registration (DCR) sites are located within 500 feet of the subject site and adjoining properties. ■ No Spill Listings (SPILLS) are reported at the subject site and adjoining properties. ■ No Open Dump Inventory (ODI) is reported within 500 feet of the subject site and adjoining properties. ■ No Texas Closed and Abandoned Landfill Inventory (TCALI) is reported within 500 feet of the subject site and adjoining properties. ■ No Innocent Owner/Operator Program (IOP) List is reported within 500 feet of the subject site and adjoining properties. ■ No Brownfield Site Assessment (BSA) is reported within 500 feet of the subject site and adjoining properties. 4.2 HISTORICAL USE INFORMATION Aerial photographs of the site were examined to determine land use in the site area for the past 72 years. The dates of the aerial photographs examined were 1938, 1944, 1953, 1969, 1975, 1989, 1989, 1995, 2004, and 2010. Our review of aerial photographs (Appendix C) indicated that industrial, commercial, and residential developments have occurred near the subject site and the surrounding areas as early as 1953. 1938 Aerial Photograph: The immediate surrounding area has been used for ranching and agricultural activities. Several farm houses are visible within the surrounding areas of the project site. Texas State Highway 35 has been constructed. Atchison, Topeka, and Santa Fe Railroad tracks and Veterans Road are visible to the west of the subject site. Marys Creek is located approximately 2,400 feet north of the subject site. 1944 Aerial Photograph. No changes have occurred in the immediate area of the project site and surrounding areas. 1953 Aerial Photograph: No changes have occurred in the immediate area of the project site. Some residential and commercial developments have occurred to the north of the subject site. -14- 1969 Aerial Photograph: No changes have occurred in the immediate area of the project site. Considerable residential and commercial developments have occurred to the northwest, north, and northeast of the subject site. A drainage ditch, runs in a west — east direction, is visible just south of the subject site. A detention pond is also visible to the south of the subject site. Magnolia Street and John Lizer Road have been constructed just west and east of the subject site, respectively. 1975 Aerial Photograph: No changes have been occurred in the immediate area of the project site. Gate Precast Company has been occurred approximately 2,300 feet northwest of the subject site. 1989 Aerial Photograph: Aggreko, Inc., Weatherford US, Inc., Weatherford International, Inc., and Weatherford Secure Drilling, Inc. have occurred just west of the subject site. Additional commercial developments are visible to the west and north of the subject site. It appears that Pearland High School is under construction southeast of the subject site. Residential developments have been occurred to the southwest of the subject site. 1995 Aerial Photograph: No changes have occurred in the immediate area of the project site. Valero Gas Station and Baker Hughes Oil Tools have occurred to the northeast corner and northwest of the subject site, respectively 2004 Aerial Photograph: No changes have occurred in the immediate area of the project site. Considerable residential developments have occurred at the surrounding areas of the subject site. Shell Gas Station has constructed to the northwest of the subject site. Wood Group Logging Services, Inc. has also constructed just west of the subject site. 2010 Aerial Photograph: No changes have occurred in the immediate area of the project site. Lions Club of Pearland has constructed just west of the subject site. Additional residential and commercial developments have occurred at the surrounding areas. Alexander Middle School is visible approximately 1,500 feet north of the subject site. 4.3 LOCAL CITY DIRECTORIES City Directories for the City of Pearland with 6 year intervals (1969, 1994, 1997, 2001, 2007, and 2011) were reviewed by Banks. Additionally, HTS reviewed available Pearland City Directories for the subject site at the City of Pearland Library. Since these references are copyright protected, reproductions are not provided in this report. City Directories for the City of Pearland were not available between 1969 and 1994 and before 1969. None of the surrounding properties reviewed in city directories are considered to represent an environmental concern with respect to the subject site. -15- Address Occupant City Directory 3225 S. Main Street Pearland Floor & Carpet 1969 3325 S. Main Street Metal Mart 1994 3326 S. Main Street Scot Gasket of Texas Inc. 1994 3401 S. Main Street Atlas Oilfield Services Group 1994 — 2011 3404 S. Main Street Car Spot (Auto Dealer — Used Cars) 1997 — 2011 3426 S. Main Street Jack in the Box (Restaurant) 2007 — 2011 3446 S. Main Street Wood Group Logging Services — Texas (Oil Field service) 2007 — 2011 3501 S. Main Street Jim Dandy's Convenience Store 1997 — 2011 3624 S. Main Street SHI Enterprises Inc. (Convenience Store) 2011 3631 S. Main Street Park Place Sports & Awards (Plaques) 2011 3632 S. Main Street Weatherford Secured Drilling, Inc. (Oil Field Equipment) 1997 — 2011 3775 S. Main Street Pearland High School 1997 — 2011 4.4 SANBORN FIRE INSURANCE MAPS Sanborn Fire Insurance Maps were reviewed by Banks. Sanborn Fire Insurance Map coverage is not available for the subject site. 5.0 STUDY AREA CHARACTERIZATION In accordance with the guidelines contained in the ECRE Standard Practice (2003) for conducting phase I ESAs on right-of-way and the 2005 American Society for Testing and Materials Standard E 1527-2005, documents reviews and interviews for the purpose of characterizing the subject site and adjacent area, and evaluation for the potential of environmental liabilities were conducted with regard to: • geology (surface faulting and land subsidence), • subsurface soil conditions, • topography/drainage, • flooding, • wetlands, -16- ■ hydrogeology, and ■ historical/ archeological significance. Discussions concerning the results of the documentation review and interviews are provided below. 5.1 ZONING AND LAND USE Information pertaining to zoning and land use was obtained based upon: ■ the examination of historic aerial photographs, ■ our observations of the subject site and vicinity, ■ discussions with persons from the public and private sector, and ■ the review of available documents concerning the development of the site area. Current use of the subject site and adjoining properties at the time this report was prepared is shown in Figure 2. The subject site and adjacent area were developed for the purpose of industrial, commercial, and residential land use at the time of this assessment. 5.2 GEOLOGY The geologic unit of primary interest at the subject site is the Beaumont Formation. The Beaumont Formation is of the Quaternary period and Pleistocene Age and consists mainly of clay, silt, and sand. These deposits were formed by stream channel, point bar, natural levee, backswamp, and to a lesser extent coastal marsh and mud flat deposits. Areas within the Beaumont Formation are dominated by significant amounts of low permeability and high to very high shrink/swell clays. Desiccation of this formation also produces a network of fissures and slickensides in the clay that are plains of weakness. The Pleistocene Age sediments of Brazoria County form a gulfward dipping wedge and consist of fluvial, deltaic, and associated marginal marine deposits (Guevara -Sanchez, 1974). During the Pleistocene Age, several major river systems deposited enormous volumes of mud and sand along the Texas coast and the shoreline was between 100 and 150 miles inland of its present location. The rivers transported debris into the ocean, causing the shoreline to advance to its present location. The great weight of the sediment caused downwarping of the earth's crust along the coastal zone, allowing sediments to accumulate to a thickness in excess of 50,000 feet. As the sediment thickness increased, the sediments began to move slowly (creep) in the direction of the Gulf of Mexico. Faults developed at the site of maximum deposition as a result of the heavy loading of large quantities of deltaic and strandplain sands onto previously deposited prodelta and shelf muds (Harris -Galveston Coastal Subsidence District, 1979). Faults associated with the deposition of the sediments, the gulfward land mass creep and regional tectonics are termed growth faults. Movement along growth faults occurs generally as a gradual, almost -17- plastic, creep -like slippage. Growth faults along the Texas Gulf Coast are normal faults (hanging wall on downthrown side) and are considered to be aseismic (Murray, 1961). The weight of the sediments in combination with the tectonic deformations caused by the sediment buildup, forced semi -plastic salt upward many thousands of feet through the overlying sediments to form salt domes. Faults generally occur in the area of salt domes (salt tectonism) as a result of the displacement of sediments by the upward moving salt mass (Halbouty, 1979). The proposed site is not located within any salt dome. Faulting is also common near most oil and gas fields where the withdrawal of oil and gas contributes to the consolidation of the overlying sediments (Van Siclen, 1981). The proposed site is not located within any known oil field (USGS, 1982). No oil and gas wells have been reported within a %a -mile radius of the site (See Appendix D, Banks Information Solutions, Oil & Gas Well Report). The proposed site is located in Seismic Risk Zone No. 0 which is indicative of no damage due to earthquakes (Uniform Building Code, 1997, Volume 2, Figure 16-2). 5.3 SURFACE FAULTING Faults in Brazoria County consist of growth faults associated with the salt tectonism as described above. Geologic evidence suggests that faulting activity in the Gulf Coast region should be relatively minor today. The frequency of fault movement, nonetheless, is increasing. There are clear indications that certain of man's activities, such as groundwater withdrawal and oil and gas production, are a probable cause of this increase in fault activation. Active faults are defined as faults that have had movement since the end of the Pleistocene (ice age) about 18,000 years ago. Active faults in the Gulf Coast region represent a severe geologic hazard and cause damage to man made structures including houses, roadways, railroads, airports, pipelines, and drainage structures (Verbeek and Clanton, 1981). Tasks undertaken as part of our geologic fault assessment included: ■ review of available geologic references pertaining to surface faulting, ■ review of topographic mapping in order to define geomorphic features which may represent the manifestation of fault activity, ■ remote sensing analysis utilizing black and white aerial photography to locate potential photo linears which may be related to surface faulting, and ■ reconnaissance of the site and vicinity to identify fault activity There are no documented surface faults occurring within or near the project site boundaries (Norman 11/21/11). -18- 5.4 LAND SUBSIDENCE It is postulated that there are 10 major causes of land subsidence (Poland and Davis, 1960). The major causes that apply to the Gulf Coast region are: ■ the decline of pressure head in artesian aquifers as a result of groundwater withdrawal and ■ the decline of pressure in oil and gas zones due to the removal of oil and gas. Most of the groundwater withdrawal and oil and gas production in the Texas Coastal Plain is from geologic formations composed of alternating sands (aquifers or oil/gas production zones) and clays. Withdrawal of the water/oil/gas from the subsurface deposits results in an increase in the unit weight of the deposits and corresponding load increase on soil beneath the withdrawal zones. The clays, which are water saturated and compressible, become compacted when subjected to increased load resulting from water/oil/gas withdrawal. This reduction in volume of the compressible clays is translated to surface subsidence (Bureau of Economic Geology, 1974). Subsidence may be caused naturally. An example of natural subsidence is the sagging of caprock following the solutioning of salt along the salt stock/caprock interface at salt domes (Texas Water Development Board, 1967, 1976, and 1986). Although land subsidence is regional in pattern and is regionally expressed as "bowls" of subsidence, recent studies indicate that subsidence tends to occur in blocks with abrupt changes in surface topography. Depending upon original topography, subsidence can result in a change of land slopes, stream gradients, and stream drainage patterns. Changes and reversals in land slope can and have caused problems in such gravity transport systems as water and sewer lines (Bureau of Economic Geology, 1974). The magnitude of land subsidence that has occurred at the subject site is not considered to be unusual as compared with subsidence that has occurred throughout Harris County The potential adverse effects of land subsidence should not be considered as abortive with regard to site development because the subsidence is expected to occur gradually and regionally over a large area. Differential movements of the site overburden soils as a result of land subsidence are expected to be minimal. 5.5 SITE SUBSURFACE SOIL CONDITIONS As shown on the applicable portion of the Natural Resources Conservation Service Web Soil Survey Map of Harris County, Texas in Appendix J (Web Soil Survey of Brazoria County, Texas, November, 2011), the on -site surficial soils across the site are classified by the USDA Soil Conservation Service as Lake Charles Clay (24) (Web Survey, Soil Survey of Brazoria County, Texas, November, 2011). -19- Lake Charles Clay, 0 to 1 percent slopes: Soil in this mapping unit is nearly level with slopes averaging 0.5 percent and occurs in broad irregular areas that range from 50 to several hundred acres in size. The soil is moderately well drained; surface runoff, permeability, and internal drainage are very slow and the available water capacity is high. Deep wide cracks from on the surface when this soil is dry. Water enters through the cracks very rapidly when the soil is dry, but when the soil is wet and the cracks are sealed, water enters very slowly. In large nearly level areas, runoff is very slow resulting in excess water on the surface. Lake Charles Clay soils are classified as non hydric soils (moderately well drained). 5.6 TOPOGRAPHY AND DRAINAGE A review of the applicable portion of the 1955, 1982, 1995, and 2010 Pearland, Texas United States Geological Survey (USGS) topographic maps indicates that the subject site is mostly flat with the site ground surface elevation of about 48 feet MSL (refer to Figure 5). Historically, the area drains from north to south toward the drainage ditch located just south of the subject site. Recent infrastructure development has not altered that general pattern. Except for the surface elevation and the locations of man-made structures, the topographic map contains minimal information on the topography, geology, hydrology or other physical characteristics of the subject site. 5.7 FLOODING According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, Map Nos. 48039C0045J, Panel 45 of 850, September 22, 1999, the segment of Texas State Highway from the intersection between Texas State Highway 35 and Magnolia Street approximately 2,000 feet down to the south lies within Zone X. Zone X areas are area determined to be outside the 0.2% annual chance floodplain. However, the subject site is surrounding to the north, west, and east by Zone AE. Zone AE are inside of the special flood hazard areas subject to inundation by the 1% annual chance flood event. 5.8 HYDROGEOLOGY Groundwater in the area of the subject site is primarily drawn from the Evangeline and Chicot Aquifers. Groundwater flow in these aquifers is generally in a southeasterly direction toward the Gulf Coast except at areas where withdrawal influences flow directions. The subject site hydrogeology and the site surface drainage features would serve to minimize the adverse affects of surface contaminant spillage on the site groundwater quality. -20- 5.9 WETLANDS The U.S. Fish & Wildlife Service National Wetland Inventory (NWI) Map indicates no wetland areas occur on the site. The site inspection performed on November 4, 2011 did not find evidence of any areas which would qualify as a jurisdictional wetland under current Corps of Engineers regulations. However, there was a drainage ditch, runs in a west — east direction, located just south of the subject site. The drainage ditch converges and exit to Marys Creek. 5.10 HISTORICAL/ARCHEOLOGICAL SIGNIFICANCE HTS requested that the Texas Historical Commission determine if a survey is required. The Texas Historical Commission (THC) has responded to our request for a review of the potential impacts of the proposed project on cultural resources known or presumed to be at or near the site on November 22, 2011. The THC has cleared the project for development due to no survey required. Therefore, the proposed project may proceed at the subject site (see Appendix I). 6.0 SITE RECONNAISSANCE OF THE SUBJECT SITE Site reconnaissance was conducted by Mr. Kyongsun Kim, Environmental Scientists on November 4, 2011. The site was observed during a walking survey to ascertain any visible evidence of environmental stress or damage within or near the subject site along Texas State Highway 35. Photographs were made during this survey to document existing conditions for this report (Appendix A). The approximate reconnaissance route is shown in Figure 3. The purpose of the site reconnaissance was to observe the site in order to: ■ identify evidence of land disturbance (fill areas, excavations, pits, impoundments, sinkholes, and spoil piles), ■ locate traumatized, discolored or dead vegetation, soil discoloration, and the evidence of chemical/oil spills or leakage, ■ detect odors which may be indicative of the presence of contamination, ■ determine the presence of on -site utility lines, transformers, and capacitors, ■ locate aboveground storage tanks and evidence of leaking tanks, ■ identify evidence of buried barrels, miscellaneous chemical containers, and underground storage tanks, ® locate vent pipes, ■ identify the presence of buried pipelines, conduits, or other utilities, -21- ■ locate and examine debris or refuse piles, ■ locate and characterize on -site active construction activities, ■ locate on -site oil, gas, and water wells, ■ detect land features indicative of surface faulting, ■ locate on -site ponds, streams, rivers, or wetlands, ■ evaluate site drainage characteristics and evidence of flooding, ■ determine the potential need to conduct asbestos and lead based paint, and ■ evaluate adjacent land uses. A total of 15 photographs were taken during the site reconnaissance. The locations and directions of the photographs are shown in Figure 3. Selected photographs are presented in Appendix A. The subject site is adjoined by single family residential properties, and commercial and industrial facilities. As shown and identified on the aerial photographs in Appendix C, the following business, facilities, and properties adjoin the subject site. ■ Lions Club of Pearland is located at 3350 S. Main Street, Pearland, Texas. ■ Wood Group Logging Services, Inc. is located at 3446 S. Main Street, Pearland, Texas. ■ Weatherford Secured Drilling, Inc. is located at 3632 S. Main Street, Pearland, Texas. ■ Dollar General and Park Place Sports & Awards are located at 3631 Main Street, Pearland, Texas. No evidence of the following suspect or known environmental conditions was observed or detected during HTS's November 4, 2011, site reconnaissance of the subject site and observations of the adjoining properties: ■ There was no visible evidence of on -site sinkholes, significant land subsidence, flooding, or conflicting land uses. ® There was no visible evidence of standing surface water containing liquids likely to be hazardous substances or petroleum products. -22- ■ There was no electrical power line poles with leaking transformers that could potentially contain polychlorinated biphenyls (PCBs) were observed adjacent to the subject site. 1 ■ There was no electrical or hydraulic equipment known or likely to contain PCBs. ■ There was no visible evidence of stressed vegetation. ■ There was no observation of dry wells, irrigation wells, injection wells, abandoned wells, or oil/gas wells. ■ There was no solid waste, suspect fill material, or landfills. ■ There was no medical waste, grease traps, or grease disposals. ■ There was no on -site evidence of stained/discolored soil, chemical/oil spills or leakage, unusual odor, leaking transformers, capacitors, and above -ground storage tanks abandoned buildings, or hazardous waste storage areas. ■ It was observed that sewer manholes and water hydrants were installed along Texas State Highway 35. 7.0 INTERVIEWS In accordance with the ECRE Standard Practice for conducting Phase I Environmental Site Assessments, interviews should be conducted with owners of occupants of facilities directly adjacent to the subject site as follows. ■ All commercial business that typically use hazardous chemicals or petroleum products or petroleum substances, such as dry cleaners, photo developers, mortuaries, and automotive service centers. ■ Selected or representative commercial establishments that do not typically use hazardous chemicals or petroleum substances, ■ All facilities identified in the regulatory records review, and ■ All industrial facilities. The following interviews were conducted during site reconnaissance on November 4, 2011: ■ Ms. Melanie Mikulenka, office coordinator of the Baker Hughes Oil Tool at 3809 Magnolia Street was not aware of any environmental concerns in the neighborhood. ® Ms. Tracy F. Goza, president of the LinGo Properties, Inc. at 3900 Magnolia Street was not aware of any environmental concerns in the neighborhood. 1 -23- ■ Ms. Melissa Thomson, manager of Park Place Sports & Awards at 3631 S. Main Street was not aware of any environmental concerns in the neighborhood. ■ CenterPoint Energy was phoned on November 18, 2011, and a message was left for Engineering to contact Truman Louderback. A response to the message was not received prior to the publication of the report. ■ Mr. James Heney, Driller/Owner of the JH Drilling Company was contacted on November 30, 2011 to determine if there had been any environmental concerns during the subsurface soil drilling from the geotechnical investigation within the rights -of -way along the Texas SH 35. He said that his crew drilled 3 soil borings within the subject right-of-way on November 29, 2011 and the soil borings had never emitted distinct odor (like petroleum). He also mentioned that there were no anomalies observed or environmental concerns on the soil samples form the 3 borings drilled. 8.0 OPINIONS The Phase I ESA process conducted pursuant to ASTM E 1527-05 requires the Environmental Professional's opinions of the impact that the various known or suspect environmental conditions identified in the Section 6 may have had on the subject site. The opinion shall include the rationale for concluding that a known or suspect environmental condition is or is not currently a recognized environmental condition in connection with the subject site. Based upon the findings and conclusions of this Phase I ESA, it is our professional opinion that at the time this report was prepared: ■ No documented surface faults occur within or near the proposed site boundaries (Dr. Norman 11/21/11). ■ The potential is very low that environmental liabilities exist within the limits of the proposed site with regard to the on -site presence of contaminated waste(s) or soils, contaminated water, leaking transformers, capacitors, aboveground storage tanks, underground storage tanks, conflicting land use, sinkholes, or significant land subsidence. ■ The THC has cleared the project for development due to no survey required. Therefore, the proposed project may proceed at the subject site. ■ The potential is low that environmental liabilities exist within the limits of the subject site with regard to the presence of miscellaneous debris (i.e. plastic beverage containers and plastic bags) at the site. The site inspection performed on November 4, 2011 indicated no jurisdictional wetlands that could impact tract development on the site. -24- • A low potential that environmental liabilities exist at the site with regard to flooding. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, Map Nos. 48039C0045J, Panel 45 of 850, September 22, 1999, the segment of Texas State Highway from the intersection between Texas State Highway 35 and Magnolia Street approximately 2,000 feet down to the south lies within Zone X. Zone X areas are area determined to be outside the 0.2% annual chance floodplain. However, the subject site is surrounding to the north, west, and east by Zone AE. Zone AE are inside of the special flood hazard areas subject to inundation by the 1% annual chance flood event. 9.0 RECOMMENDATIONS HTS has performed a Phase I Environmental Site Assessment of the subject site for the 16- inch water line replacement within the City of Pearland rights -of -way along Texas State Highway 35 in general conformance with the scope and limitations of ASTM E 1527-05, as modified by the ECRE Standard Practice for Conducting Environmental Site Assessments. This assessment has revealed no evidence of recognized environmental conditions in connection with the subject site. Based on the information presented in this report, no evidence of recognized environmental conditions was identified with regards to the subject site. Phase II ESA for further assessment is not recommended at this time. 10.0 CLOSING REMARKS HTS has performed this Phase I Environmental Site Assessment for the 16-inch water line replacement within the City of Pearland rights -of -way along Texas State Highway 35 in Pearland, Texas in general accordance with the scope of work and ASTM E 1527-05, as modified by the ECRE Standard Practice for Conducting Environmental Site Assessments. Results of this Phase I ESA are to be utilized in the decision -making process pertaining to the acquisition and future development of the proposed site. This report has been prepared for the exclusive use of HR Green, Inc. The opinions provided in this report are based upon. • general knowledge of the subject site and region, ■ our site reconnaissance findings and interviews, and • published information obtained from databases maintained by regulatory agencies. The site reconnaissance observations in this report summarize conditions as found on the date the HTS environmental scientist was at and observed the subject site. This study has attempted to identify recognized environmental conditions in connection with the subject site; however, there is a possibility that sources of information have gone undetected -25- because of the limitations of this investigation, inaccuracy of database records, or the presence of undetected and unreported environmental release. To the best of our knowledge the information contained in this report is factual, and no effort has been made to misrepresent the condition of the proposed site. This Phase I ESA was conducted based on a scope of work and level of effort desired by the client, and with resources adequate only for that scope of work. The findings and recommendations provided in this report are based on professional judgment concerning the significance of the data gathered during the course of this Phase I ESA. HTS is not able to represent that the site or adjoining land contain no hazardous waste(s), oil, or other latent condition. The possibility exists that contaminants may migrate to the site through the air, surface water, or groundwater. The determination of the environmental risk associated with contaminant transport in these media is beyond the scope of this assessment. We appreciate the opportunity to be of service to HR Green, Inc. If we can answer any questions concerning the content of this report, or be of further assistance, please do not hesitate to call us. Sincerely, Kyongsun Kim Environmental Scientist SK/cg 6 •word/2011/300-349/11-306 r T a w WO FIGURES 411. OF Consultants DeLorme Street Atlas USA® 2009 VICINITY MAP 1 3_RD_ST 35 Qys Creek _�•..... SWENSEN:RD *iv O.e-k 2 iv z CR.388 • o WELLS_DR j a 0 Data use sub ect to license. © DeLorme. DeLorme Street Atlas USA® 2009. www.delorme.com \301:IN LIZER.RD___ FIGURE 1 Nor-T.INGHAM_ T Ritz Mlmi Creek 1 n2 ¢ B.ER.RYf1ELDLNMARY.FIELD_IN • v i."--k .11 HTS Project No 11-S-306 Phase I Environmental Site Assesment Texas SH 35 at Magnolia Street Water Line Replacement Pearland, Texas Scale 1 12,800 O 200 400 600 000 1000 O 100 200 000 400 600 1"=1,066.7ft Data Zoom 14-0 .Dollar"General/ Ok.Place $.ports Awards -©2011'Googfa;,`. 1 1 FIGURE 2 CURRENT USE OF THE SUBJECT SITE AND ADJOINING PROPERTIES Phase I Environmental Site Assessment Texas SH 35 at Magnolia Street Water Line Replacement Pearland, Texas HTS Project No.: 11-S-306 nd - ROAD MAGNOLIA STREET ©®4 Q'oGasl Station 1 e Dar` 5 14 Ite 2® pals L. 0 ® -. ��� @_a 0 4'"ir V.e Vacant Lot o 0P ° `°X IN S Vs LEGEND —Lions fClu o Pearland d Vz. o� p p12 C� 4 Wood Groupt . Logging 0•& 11®y Services Weatherford Secure Drilling 1••9/ ®10 �e 0 t. Rm _o ssA Vs o v-k e• Property Boundary Line Site Recon Route Photograph Number Drainage Ditch Dollar General & Park Place Sports Awards HTS. Inc. Consultants Phase i ESA Texas SH 35 at Magnolia Street Water Line Replacement Pearland, Texas DRAWN BY IAT DATE. 10-6-11 SCALE. CHECKED BY' SK DATE. 10-6-11 NTS HTS PROJECT NO. 11-5-306 Site Recon Route FIGURE. 4 i.-, Pk .1* :,'V scYea.#Scv'r:;. 'F�+.z'-wit: > '3 +-Ht,£2%�fr, v; •a:.d'+'-• 5".-Y.3x„6 s.+tr4-. .�i *7wt-^t'Mc'�.?i Pe SsFi ^..�Y"eb LEGEND SITE LOCATION 0 LIMIT OF STUDY AREA ems PROPOSED SITE LIMIT OF STUDY AREA -1/2 MILE FROM THE CENTER OF THE SITE LIMIT OF STUDY AREA - 1 MILE FROM THE CENTER OF THE SITE FIGURE 3 PHOTOGRAPH -STUDY AREAS .r` 2010 AERIAL PHASE I ENVIRONMENTAL SITE ASSESMENT TEXAS SH 35 AT MAGNOLIA STREET WATER LINE REPLACEMENT PEARLAND, TEXAS 2010 USGS TOPOGRAHIC QUADRANGLE MAP PEARLAND, TEXAS Phase I Environmental Site Assessment Texas SH 35 at Magnolia Street Water Line Replacement PearLand, Texas ITS Project No.: 11-S-306 Figure 5: Topographic Map I APPENDIX A PHOTOGRAPHS a a La 6 Photograph No. 1 I = .i.. t.l.i ., i - � 1 "' stiasa�' 's 4. tj View to the east of the drainage ditch, located just southwest of Texas SH 35 (S. Main Street). Photograph No. 2 P I ; am _ 111114111 3 • ,44 View to the south of the subject west right-of-way on S. Main Street near the Weatherford Secure Drilling. on 1 HTS, Inc. Consultants Phase I Environmental Site Assesment Texas SH 35 at Magnolia Street u li I tl Water Line Replacement t _ Pearland, Texas I I HTS Project No. 11-S-306 r Photograph No. 3 , ,..., . x + 5 _ 11 R' in II e - �'.� ... b^- - . ;�. , :DOI:l'a'r',Gein'e;--a:l,a.,:d,ixp, : I. View to the southofthesubject eastright-of-way onS. Main Streenearheark Place Sports &Awards.PhotographNo. 411, t F � � '�' = r;: :fro 0 UM r , -r sic { es 1 c _ y tAb 5 } ��}N'${�� e �(� +-C`wl{'AN4i� ,r }t F T 4 +r �..v.-..yam .s �,. r 5 l� z.. View to the northwest of the vacant lot located just east of of the subject east right-of-way. ._-r. I ril—— H , Inc. Consultants Phase I Environmental Site Assesment TexasTS SH 35 at Magnolia Street Water e p PearlandLineR, Texas 'ITS Project No. 11-S-306 Photograph No. 5 ,. -.. ,•,• ,'; .r ,.....,,, ...L: 5.,4 ___.-- -.-. -- 1.,_ :. . , ,• , ____-71 - , , - , - - 1 <,,,,f--*,,!;;-'''''.:,,,- ......,41_..,-17- '', .''f-'.-,- . ' '-'- ' - -4, _ ''- -•------ . , ..„ . .. is 1 . , ... 1 ,, A 1 .._ N View to the south of the vacant lot located to the southwest corner of the t on intersection between S. Main Street and Magnolia Street. P• Photograph No. 6 p : v . , .., ... 1 . i . . ... ...... li 0 . . . ....-...-__----1,- :-.,',--.-_,--..,..- - '- • - . `-.0i;;;:z.,..- --T-.. - ::- - . _ . . il 1 , . „._. . . ,... . .. NEP • • - ' ' • - - . 2 .. ., „. • - -• . . , , ,,. , _ , ,. , .. . - OE I i 1-,., . - .„ ..,•,._ _ _ ,,.... ' •••• "• .- • • ' - - -- • .. ' -r•,-;',' •'..'' ..;;;•::'..•-,.•'''..•'.-,•'','--..1---' '-.. •',,-,', , , -• .' _ • •. - - -24 IP ''' ii - ' - - ' . -":.'",'.;-,..'>:',-`.-.'". -',--i,';':;;.:`.'r-.';--':: -^.1';.--:--•'._ .:- , ' ' . - - • i - - , , ' k[1' ••'-••'''-.•'',,..K.K• •```-',.4---. -•‘-,1 s•-•!.!r;;;I:-ye.•:,.-•'''''''"..;0:-•;C•.,•,:',`,',.ri•.'' ,, - .• ..•- ,••'•7*.,' •, , -' • -_ - .., View to the north of the subject west right-of-way near the Lions Club of Pearland. HTS, Inc. Consultants i... ....,_. . ..... , .,,.._ Phase I Environmental Site Assesment Texas SH 35 at Magnolia Street f; Water Line Replacement ,-2 r ,,, , ,_, ,.,, .. Pearland, Texas HTS Project No. 11-S-306 r Po II No. 7 11 li YW t" ;� �~ A �a .< i we . -'` • L z pr sue; + f eftir a. x � py y '. a;•» 4*2 41- a `„y; I .' � �x �riy ,.:. ''_"C--..."t"+.� Y•h " GT . ..-e. air. -ice; am Li i� . f S •Y` as r �, l T _ V_' View to the north of the subject west right-of-way near the Wood Group Logging Services. OD 1 Photograph No.8 g fl f ai �.-X_�.�. -- _ �..�• .-5'.' P :? 1111 • `..--w,�c� +-11,-,3 `'b A r 4jit, „�I-ue�4.4 �1, v--'4,-1'` � Y'..r X Ni 'Y� ti'f 4 ` x rf" 4 +�Z'i t� F r 5'�'41 - y x S t6•,4 s�, .S:'Tj • YF13:f r1 d x�r' '.l� 4 i �e '3F:-^„,.... �'rr'-, t ,-ic{ '�t.�t��,.,, x- 8 "y,+r jz"'kV, c S y " "r 3 t ' •>C�+�" :. •, a✓ , ...:� �1%,,crkw ni�f ;,9 �.J...t 3` -ci3°"y��„ View to the east of of the drainage ditch connecting the Group Wood Logging Services to the west right-of-way on S. Main Street. HTS, Inc. Consultants es Phase I Environmental Site Assesment gTexas SH 35 at Magnolia Street 0 Water Line Replacement ti Pearland, Texas a HTS Project No. 11-S-306 ..—_,:. 1. APPENDIX B REGULATORY DATABASE REPORT ---.114 BANKS ASTM 1527-05/AAI Compliant The Banks Regulatory Database ReportTM AENVIRONMENTAL'DATA Wednesday, November 09, 2011 A DIVISION OF THE BANKS GROUP on Client HTS, INC. CONSULTANTS P.O. Box 10348 Houston, TX 77206 r Target Property Texas 35 at Magnolia Street Water Line Replacement Pearland, TX ES#: 86922 PO#: 11-S-306 V r r V I r 1601 Rio Grande Suite 500 Austin, Texas 78701 PH 512.478.0059 FAX 512.478.1433 E-mail banks@banksinfo.com BANKs-� Table of Contents FaENVIRONMENTAL DATA Texas 35 at Magnolia Street Water Line Replacement A DIVISION OF THE BANKS GROUP Database Review Summary 3 Maps 0.25 Mile Buffer Summary Map 4 0.5 Mile Buffer Summary Map 5 1 Mile Buffer Summary Map 6 Topographic Overlay Map - 1 Mile Buffer 7 1996 Aerial Overlay Map - 0.5 Mile Buffer 8 2004 Aerial Overlay Map -0.5 Mile Buffer 9 Soil Survey Map 10 Geographic/Geologic Summary for Target Property 11 Water& Oil/Gas Wells 14 Mapped Sites Summary 16 Site Details Mapped Sites Details 18 Federal & State Database Definitions and Sources 72 Disclaimer 75 ' C') N N Ces J m _ y o 0 0 O 0 0 O N O 0 O 0 0 o (0 0) 0 0 r 0 0) O CO co a) .a, C9 a7.+ N 1. (0 a) 0 O (0a a a01 M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cox Z R c) U) co d47 F- C. a O O 0 0 0 0 N O 0 0 0 0 0 00 CO 0 0 +- 0 0) 0 (0 CO -o a) L- m c 0 0 0 0 0 0: o 0 o 0. 0 C. 0 0 0 0 0 0 0 0 0 0 0 CU coo a 0 0 O '0 -0 o 0. ,n 0 0 O 0 47 C 0 0:.: 0 LO .0m O ,0 ,0 0 O 47 N l0 0 )0 N O ,0 N N 47 ,0 N N N E U CZ O O 0 O C) O O O O O O O O' O O O O O O A Cl) 15 al as CU CI p Cf illd U W U N 0 w d ate. C $ I-- /- v m CC m• 2 U: p p o Z Q3 (A c N >.. Z a a CC 0 a U - w Z w LL mCC ' J = v~., ° a 3 ,o = •�\+Y/�o N J J Z cc �" Q p 6 a a w -, m l u U m 12 d `, r.� G d B cc U co a= w 5 ¢ z U a c 0 u m 5 v n ? p. W. F- U a U c c c- N F c .� ". _ Q � 0 m '2' m o- O. m V ▪ J a U H GL L' c c in N Si > To C W C C `�a re LL 1 a vi ° w w U m 3 rn w m w w o U = w > m ¢ Q m �+ ,-,,<< y;.. •• d Z . O ,o. . 8 = LU h w a c. a 2 c .0 c 0 2c ( W m .. �� to 13 N U C C� m. m N J . N b N. �. m 0 m cc cc cc cc m m m Z 0 3 % a�i a�i _ C U m 'o U. Z 0 U 0 d' d' CZ' 0. 0. 0. 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P L. -� 0.25 Mile Buffer Summary Map BANI<S ENVIRONMENTAL DATA Texas 35 at Magnolia Street Water Line Replacement A DIVISION OF THE BANKS GROUP \, I // \ `n r a,,,,..- .. . .— .., , 7 ) _ .Fk@14i_�3d • •—'Je °° . 8\ I., S ,\ 1 1twdo. c L _j ionatd-p[- 3 4 4) 4 —L JO v Ceuta.td v88— 2 , u0 n 1, ka 1 w _- n 10 _______stehlateidr SMteaLDl6a l -ytFld Turk KJ n 1 L Nr t t%Y; 1. s\ \ 'c l t. t. lJ 01 14 1000tt One Inch=0.14 miles I. * Target Site ./Limited Access Hwy „.",'t Railroad •Shgle Site e Cluster Site ®Large Tract®w1U��a ye Tract primary Fighvay Q County N �✓ Banks Environmental Data RCRA COR,RCRATSD,CER,LPST,NPL,STNPL,SWLF 1601 Rlo Grande St.,Suite 500 •Shgle Site Cluster Site iargeTract IN wiaTare tact ri Secondary Highway State Austin,Texas 78701 RCRA GEN,ST&FED BWN.ST&FED EC,ST&FED IC,DNPL, /^/ Roads Q Urban Area FAX 512-478-1433 PH 512-478-0059 1'' CER NFRAP,PST,VCP,ST CER ,/ banks@banksInfo.com l canter Sim /' Ramps Q ware Bodies WWW�ankslnfo.com 1 0 Shgk Site 0Cluster Site large Tract El wltblarge Tract ERNS,IHW,RCRA.DRYC,AIRS Page 4 ar L 1. IID IND — ininq 4/6 0.5 Mile Buffer Summary Map r ENVIRONMENTAL DATA Texas 35 at Magnolia Street Water Line Replacement imi A DIVISION OF THE BANKS GROUP ------ \ ';. mar+st \ — 1 \ . ma -- -- � - �/ aL amst 4 ,; \s `` e fik _SvieDSQn.13SL--13 S . • f I Liallatr�d_Sttsel ktr,nPle ,nr '1 y11 `- tqo[k • � _l \ *7 -- J — FIrtLH „ E V \` 6i5 \ \\ 'S; \ wWM 3 \ MD12 Q.o V — illk♦ 7 4, co4 — _Maul kLJs — st -ead_388 — / Ln _ I_ �\ 10 ( t \� Roes TX �heaWt Nlhnalntead Ct' (/ / \/ as s - l.n_—' \‘ \k\\\N ( \Am \% °\l' \>• t.l6 �kz,'`.� ___r_r_ sS \�, um -94 . 0 �l IdRiiliam(k '' � IP . \ \gii*t. pdy . Or )2000ft \ • `\ ,,.7 Stu' tLLd rn P One Inch=0.23 miles * Target Site f./Limited Access Hwy ,,,,,'< Railroad N •Shgle Site •Cluster Slte •Large Tract inwiHLayerect is, Primary Highway p County Banks Environmental Data RCRA COR,RCRATSD,CER,LPST,NPL,ST NPL,SWLF 1601 Rlo Grande St.,Suite 500 I ill Single Site •Cluster Site Large Tract®wiNLalr�ye xe.t isi Secondary Highway Q State Austin,Texas 78701 059 RCRA GEN,ST 3 FED BWN,Sr d FED EC,ST s FED IC.DNPL, r✓ Raads Q Urban Area FAX PH 512-4780 4 3 OERNFaap,PST,VCP,STCFJt /✓ Ramps 0 banksI www. ankslnfo.eo m Water Bodies banks lnfo. 0SingleSite 0 Cluster Site 0 arge Tract *.Aluilry:vct m ERNS,IHW,RCRA,DRYC,AIRS Page 5 so P p BANIKS -� 1 Mile Buffer Summary Map L ENVIRONMENTALpii DATA Texas 35 at Magnolia Street Water Line Replacement A DIVISION OF THE BANKS GROUP L , ,\ % 41---, .1...it_ Js .. ----__. ,,../t„ ..L,v,-*.--,,,,,,, ,,,n<: , ) ji ai '„ ti (0.,/[-..] -..,6 Saba ix }. %. .� -- ---_ 11 — ails, t s al ` - I -- C 4 Bend Sl m r � .:\� �' n Ala sLi.PaC[! -- ' sm. sl � ti-a�f' r- da� ji it \Ssnnsert�13 `', 7 /\P", jIl o . . f oat -- 1 Y \0 3L 6v no• at $Or 12 ` — — ® t2 dIII �t 2� ,� ' _..fdas��S� __Co ntY$Q 3N8 SL ccç1 lt y \\ r jr til Cah cE. S b h /,e ......7\ ',V - II [11P+_ , )/ s • spa__ ag 4 , , , „... , _ . k ti.A. li 5., ti , C I County 701 \ , ia`wIA g4-- I • `- Indtldthutt2l '� 3500ft One Inch=0.4 miles * Target Site /s/LimitedAccesHwy e Railroad 05hgle Site Cluster Site ®larSeTnct®wlm i>`ug�varl p✓ Primary Hghway County Banks Environmental Data N RCRA COR,RCRA TSD,CER,LPST,NPL,ST NPL,SWLF 1601 Rio Grande St.,Suite 500 O Single Site 0 Cluster Site El Large Tract ®,v,CNargs r`., Secondary Highway [�State Austin,Texas 78701 -/ PH 512-478-0059 RCRA GEN,ST..FED BWN.ST E FED EC,ST E FED IC,DNPL, is Scads ni Urban Area FAX 512-478-1433 CER NFRAP,PST,VCP,ST CER /" Ramps Q Water Bodies banksCalbanksinfo.com l O SIngl,Site 0 Cluster Site 0 L rgc Tract ro Duster Site www.banksinto.com vital Arso Tr Art Page 6 ERNS,IHW,RCRA,DRYC,AIRS L I to —.414 4/6 Topographic Overlay Map - 1 Mile Buffer AENVIRONMENTAL DATA Texas 35 at Magnolia Street Water Line Replacement A DIVISION OF THE BANKS GROUP • 1 cr'a If ell.. 73 'I'' J vr• I y WV If }1(f: �••'?t.- I :44:S :IA '_"�,"�i - •`�t,.� Ci Mil r v _ rs"""•I; 1r 1 if ' v i:I;, I I .,• 4' • — — t : Us r< :W WAGMV}i ..Tr' •,R. "C' I ' T1 'te• :i 'Cif • CA-Ater y ! an I I tyt . , ilv, , , / Trl , r rt,l ... • t�Yii s r` ;% !) ::. ..:; ; y 1/ I 'i '_ ce • '11•-• fe ti� ti' / ,i� • ti. r , � ... .. . _ . I . :aw:.a"E'` ` BM - • . 13 .-.s. •'-'—3 W fi4 1 1,4 1' ..• I O' I 'h i• r _._ .. _ :„ „..„.. 1 A , . i ...„ 7 _ . . -_ .. I .it I i , •;.( 3hudyxee t 2 l3 , I 1 �` PA.I 12 ( • 4 • si .r—..- —_ -.A-_ el 1 "\' F i t • .,.�_.�_•- sus' � ��"+�"•' I —. 1 I •/ Y` i --.----,... 1 —''a 0 $!I I t, "'a R _� _ _-._ .. .-,,..�- -- --s;v;;• _ . _ — _ I' .�y� twat`=-�^ ��,. I/ • I II 1 <, :R' - N):z Y. . ,,.,• Pti , 1 fr' ,, (. 1 I .I �'i. a lan0 8 �,, •. I strips •-' r . _ _ . 4 1 ,.... ..7..,, = •._..,..1.,.=_.7:._ ---.-z•r--••-• , -I- :T 1 4 Fr 1iq 12 r i hrI , J.. / • J.: , 1 1,i12..L' 2.....i,.....‘•;,E, ...... ...,,_ .....-:%,,, , ,. { ti I fl tr`1r`: P I ) i 1 ' 11 3500ft `I :l ° .z{.., ; :I!.--t s, ;t�: I One Inch=0.4 miles Pearland(1982) .,4,..... N a...,� N ..�. Banks Environmental Data ®u.rtr ," "^' 1601 Rio Grande St.,Suite 500 et^.•++ •,•n•n.• '"°""" . Austin,Texas 78701 r ■..`.'t.d PH 512-478-0059 FAX 512-478-1433 banks@banksinfo.com www.banksinfo.com Page 7 - I I I .„,,,, 04/</s 1996 Aerial Overlay Map - 0.5 Mile Buffer - AENVIRONMENTAL DATA Texas 35 at Magnolia Street Water Line Replacement A DIVISION OF THE BANKS GROUP' zt ' ":::r:1-. ' 'r'�,v�{1.1, srs Y y.;r s I. rr . " .3.... i - _ .� £X.�,:.,u ,-as _ �, k "�t'- tt'4tri 44, ` �`-'''+w..r`ds t'� 1 lot_' lint .. '`S���p4 ' 3 r. qf�'. �C" °O ^'�1P �5' �s it a r r . i. �' .:A- , 2 tf reef t "--�e� $ .. h .- f j .. ,,� pnname d+5rri rt'�S�h"-'"� F.v+^ , k8 !0 % f,refor FRI 6 4 'tir., t7`r z*'x .tad? ; 4 t� n rt , 1 T hur;ovr Or o ,t r p. .� wo',aril Dr 1d O 3' , '#* '3 ,j C /..„ t t..a [G 61iAEt id .,',It., Marylleld Lri GG Yrx�� .+ b 9errylleld In .'J .a. Dounty Road388 - 'I i ye '.i11 �',• it.a- . .J -:! MI ^r� I. a 1� d t* _ 1il w. t I i! whe atlieldlalvd n o •sr a.r t - / y , ski t } I-' u y .. L'hey Or _-"CI' f r !!� r < y' I -� ( 11 ,1 '. ... Wild Turkey ix' _ • t §° r` '. * ill ,,...,,,,,,w ...r. 4 k.. i r .- , i • n l F 0:,..,,_, 0. Q3 „1 {V f: iK 4.K11111 y ,,,,s .'' Illi st< _ �y��t pi �n 9IO kn D` # - • _ i t English lake Or . ; s'a :s" s ''v A.sw .,.._� r 't'_fit z. One Inch=0.23 miles * StblectSite PrimaryneBlaYay Banks Environmental Data N lit • Site State Line County One 1601 Rio Grande St.,Suite 500 0 cluster Austin,Texas 78701 i Reeds @Ramps PH 52-478-0059 111 Large Tract FAX 512-478-1433 Railroad 0 uata Ke United Access h vy banks@bankslnfo.com LIR wuh La<ees tc, www.banksinfo.com Page 8 BAN/6—_, 2004 Aerial Overlay Map - 0.5 Mile Buffer AENVIRONMENTAL DATA Texas 35 at Magnolia Street Water Line Replacement A DIVISION OF THE BANI<S GROUP 1 .,-:.may. r ,- ; 1 Vi 2 d.St. T< R tl y, "`... r , _ _ _ _ 3rd St Not Unpnam 5t_ t' ,/" it J�s `"'WI y r gw`ensa�(td S ti.''13- _ _ .a`.-°`.r,u &rd •_O '�sc Apr, `f 1 r , .....,„ _ G 1x. 1 -�. ,J f ij ZIA _ Unn,am.Pd'9trent' 5 'A C- f e11a' n e r ,,, ,,,, __ _ . 7 �rl t ,„:,,,:„„ f i E a o �, o t ..� ,. Sa m- 5 ;,, 3q, �-. ) fT',MO,' "" -„, r r FAi jt,1'L - ____. y.. 1 .�9 : 6, ..„....„...„,_ Q '1,1 3.a ¢`a hteiYfl jj ld ln f,, .. . m C riy Flood 389 {"� -, �r .c+l ,-y, a V. WIsioatl told_'nl d. :`.q o 1 2 1,4 6 y. s 0. 2 Tt •�, t yync+atinead w Gt ci :' L_Lcrt + y0 o erg a° ; } s r gyp, n�t` 4k' ntiasr�>�vt ° t n 7ek. + '' - c wr 1 rf '_ , s nn 1 tar rgl�,pPi[?t`' OSIr eY 'fir- -. 4 I a A i o XYA , t , r � b • (j4 t t _ __..L,�._. . t._� -- _.I- e` EnLn Lek � tvi + -t One Inch=0.23 miles Sth)ect Site Pdmaty liilavay Banks Environmental Data N Site 5ta4 floc 1601 Rlo Grande St.,Suite 500 Cluster County Une Austin,Texas 78701 Large Tract Readse Ranvs PH 512-478-1 59 mil,art FAX 512-478-1433 i umtert!, umltedAc�ssltwy banks@bankslnfo.com mtar a xr a www.bankslnfo.com Page 9 I I I -_...,,,„ Bjius4tcs Soil Survey Map ENVIRONMENTAL DATA Texas 35 at Magnolia Street Water Line Replacement A DIVISION OF THE BANKS GROUP 1 oura0901% . I i -,---^—bntlany.Eate es i r 8 �7 g i VirallyRd 1 rtr �sat°°%6� 1 D i1 ti n I y 05 ,I Thuc10W Ui' -o=ad K ' w L WonardD -. -, I 3 I 1 t, I. 1 John Out Rd _ ( - ., Courtly Road 388 - 4 2 . MagiLn I * o ®4 lit ,,, BUw�, L , ,, , , , .,. , , , ; . 1 w ? , ,,, . , . , i , Wnoatfakl sled:0 a i i ''n 24 \ r reatmeadow C r Wl ' ' \ I '; $ WYd T.UiS UY Ln L . imik \ tr , , 7 a I 0 '•1000ft I One Inch=0.14 miles * Target Site United Acres Hwy Q County N •Single Site ®Cluster Site ®large Tract®wide ya tect RCRA COR,RCRATSD,CER,LPST,NPL,STNPL,SWLF rI Mmasy Hgtway QState Banks Environmental Data 1601 Rio Grande St.,Suite 500 •Single Site ®Cluster Site ®large Tract I®wifhlui. ga Yect /-^/Secondary Hiithwsy Q Urban Area Austin,Texas 78701 ) PH 512-478-0059 RCRA GEN,ST tFED EWN,ST 6 FED EC,ST R FED IC,DNPL, /s/Roads Q Wata Bodies FAX 512-478-1433 CER NFRAP.PST,VCP,STCER banks@bankslnfo,com O Single Site 0 Cluster Site 131 large Tract Eg wlCt kaalm%°act Pi Ramps E.1 soils eoo is y www.bankslnfo.com ERNS,NW,RCRA,DRYC,AIRS .,,ti" Railroad Page 10 r L INII —� BANKs Texas 35 at Magnolia Street Water Line Geographic/Geologic Summary Replacement ENVIRONMENTAL DATA Re p A orvOari Of nic evxs caar Coordinates Longitude&Latitude In Degrees Minutes Seconds NA Longitude&Latitude In Decimal Degrees NA ti X and Y in UTM NA Elevation NA to Zip Codes Searched Search Distance Zip Codes 0.25 miles 77581,77584 0.5 miles 77581,77584 1 miles 77581,77584 Soli Types Found Target Property 24 Within 0.25 miles of Target Property 24,8,W Soil Type Descriptions 24-Lake Charles clay,0 to 1 percent slopes IN Hydrlc Status Some components are hydric and some components are not hydric. Minimum Depth to Bedrock Lake charles(95 percent) so Hydrologic Group High ruoff potential Soil Drainage Class Moderately well drained Corrosion Potential-Uncoated Steel High Depth to Restrictive Feature Horizon Soli Texture Upper Boundary Lower Boundary AASHTO Unified H1 clay 0 cm 33 cm A-7-6 CH ses H2 clay 33 cm 102 cm A-7-6 CH H3 clay 102 cm 163 cm A-7-6 CH H4 clay 163 cm 203 cm A-7-6 CH OM Bernard(2 percent) Hydrologic Group Soli Drainage Class Somewhat poorly drained Corrosion Potential-Uncoated Steel Depth to Restrictive Feature • Bacliff(1 percent) Hydrologic Group Soil Drainage Class Poorly drained Corrosion Potential-Uncoated Steel Depth to Restrictive Feature Edna(1 percent) Pi Hydrologic Group Soil Drainage Class Somewhat poorly drained Corrosion Potential-Uncoated Steel ele Depth to Restrictive Feature Page 11 rs35 at Magnolia Street Water LineBCII VI�J GeographiclGeologic Summary Texas Replacement ENVIRONMENTAL DATA A DNLSOON Of THE a NKS UIXJr Pledger(1 percent) Hydrologic Group Soil Drainage Class Moderately well drained Corrosion Potential-Uncoated Steel Depth to Restrictive Feature 8-Bernard-Edna complex Hydric Status Some components are hydric and some components are not hydric. • Minimum Depth to Bedrock Bernard(60 percent) Hydrologic Group High ruoff potential Soil Drainage Class Somewhat poorly drained Corrosion Potential-Uncoated Steel High Depth to Restrictive Feature Horizon Soli Texture Upper Boundary Lower Boundary AASHTO Unified H1 clay loam 0 cm 30 cm A-6,A-7 CL H2 clay 30 cm 152 cm A-7-6 CH,CL H3 silty clay 152 cm 163 cm A-7-6 CH,CL Edna(20 percent) Hydrologic Group High ruoff potential Soli Drainage Class Somewhat poorly drained Corrosion Potential-Uncoated Steel High Depth to Restrictive Feature Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified H1 fine sandy loam 0 cm 23 cm A-4,A-6 ML,SC,SC-SM,SM H2 clay 23 cm 122 cm A-7-6 CH H3 clay 122 cm 152 cm A-6,A-7-6 CH,CL Loton(10 percent) Hydrologic Group Moderately high runoff potential when drained and high runoff potential undrained Solt Drainage Class Poorly drained Corrosion Potential-Uncoated Steel High Depth to Restrictive Feature Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified H1 loam 0 cm 58 cm A-4,A-6 CL,CL-ML,SC,SC-SM H2 clay loam 58 cm 157 cm A-6,A-7-6 CL Aris(5 percent) Hydrologic Group Soil Drainage Class Poorly drained Corrosion Potential-Uncoated Steel Depth to Restrictive Feature Lake charles(5 percent) Hydrologic Group Soil Drainage Class Moderately well drained Corrosion Potential-Uncoated Steel Page 12 ' --� Texas 35 at Magnolia Street Water Line Geographic/Geologic Summary ENVIRONMENTALfTHEBANG DATA Replacement A DNlS10N Of THE (fAIS Depth to Restrictive Feature W-Water Hydric Status All components are not hydric and no components are unranked. ' Minimum Depth to Bedrock Water(100 percent) AASHTO Classification Definitions A-1,A-1-a,A-1-b Granular materials(35%or less passing No.200 sieve),sonte fragments,gravel and sand A-2,A•2-4,A-2-5,A-2.6,A-2-7 Granular materials(35%or less passing No,200 sieve),silty or clayey gravel and sand erre A-3 Granular materials(35%or less passing No.200 sieve),fine sand A-4 Silt-Clay materials(more than 35%passing No.200 sieve),silty soils A-5 Silt-Clay materials(more than 35%passing No.200 sieve),silty soils A-6 Silt-Clay materials(more than 35%passing No.200 sieve),clayey soils A-7,A-7-5,A-7-6 Silt-Clay materials(more than 35%passing No.200 sieve),clayey soils A-8 Silt-Clay materials(more than 35%passing No.200 sieve),clayey soils Unified Classification Definitions CH Fine-grained soils,silts and clays(liquid limit is 50%or more),Fat Clay CL,CL-A(proposed),CL-K(proposed),CL-ML,CL-O( Fine-grained soils,silts and clays(liquid limit is less than 50%),Lean Clay proposed),CL-T(proposed) tee GC,GC-GM Coarse-grained soils,Gravels,gravel with fines,Clayey Gravel GM Coarse-grained soils,Gravels,gravel with fines,Silty Gravel GP,GP-GC,GP-GM Coarse-grained soils,Gravels,dean gravels,Poorly Graded Gravel GW,GW-GC,GW-GM Coarse-gralned soils,Gravels,clean gravels,Well-Graded Gravel MH,MH-A,MH-K,MH-O,MH-T Fine-grained soils,silts and clays(liquid limit Is 50%or more),Elastic Silt ML,ML-A(proposed),ML-K(proposed),ML-O( Fine-grained soils,silts and clays(liquid limit Is less than 50%),Silt proposed),ML-T(proposed) .1111 OH,OH-T(proposed) Fine-grained soils,slits and clays(liquid limit Is 50%or more),Organic Clay or Organic Silt OL Fine-grained soils,silts and clays(liquid limit Is less than 50%),Organic Clay or Organic Silt PT Highly organic soils,Peat SC,SC-SM Coarse-gralned soils,Sands,sands with fines,Clayey Sand SM Coarse-gralned soils,Sands,sands with fines,Silty Sand SP,SP-SC,SP-SM Coarse-grained soils,Sands,clean sands,Poorly Graded Sand SW,SW-SC,SW-SM Coarse-grained soils,Sands,clean sands,Well-Graded Sand Source Natural Resources Conservation Service,Soil Survey Geographic(SSURGO)Database. oro Disclaimer This SSURGO Solis Survey from Banks Environmental Data,Inc.has searched Natural Resources Conservation Service(NRCS)Soli Survey Geographic SSURGO)Database.All soil data presented on the map and in the details section are based on information obtained from NRCS.Although Banks performs quality assurance and quality control on all data,Inaccuracies of the data and mapped locations could possibly be traced to the source.Banks Environmental Data,Inc.cannot fully guarantee the accuracy of the SSURGO database maintained by NRCS. est Page 13 7 k Water & Oil/Gas Wells within 0.25 Miles 1 BANICS i ENVIRONMENTAL DATA Texas 35 at Magnolia Street Water Line Replacement A DIVISION OF THE BANKS GROUP i // ill a IA ti!S — r) al , -':. "70artY84:40010-0/— '‘. \ \ \ \\\ �— _ .b = CauoryBaad3{!8� — inr Ma* n /l -- S 1 t2 0, „,,. n 4N \ _______wicir fl 1 ___— Wneatinea i yt(�i Turk yin ='/ 7 ,,, -, y,� S. \ c 1 try . Or 11000ft One Inch=0.14 miles /./ Limited Acciss Hwy ,,,,X Raitroad * Target Site 7 Primary ii twray D County Banks Environmental Data N • Single Water Well ® Water Well Chater Secondary Highway 0 state 1601 Rlo Grande St.,Suite 500 i Austin,Texas 78701 • Single OR/Gas/Other Well Oil/Gas/Other Well Cluster /`/ Roads n Urban Arm PH 512-478-0059 FAX 512-478-1433 7 /v Ramps Q Water Bodies banks@bankslnfo.com ® Water Well/OR/Gas/Other Well Cluster Site WWw.bankslnfo.com Page 14 7 7 ABANKSWater& Oil/Gas Wells Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DIVISION or THE PAWS moor w. MapID Well ID Owner Well Type Elevation 1 65-30-901 C.H.Alexander Water:Irrigation 45 ft 2 65-30-604 City of Pearland Well#7 Water.Public Supply 49 ft Source III U.S.Geological Survey,Texas Water Development Board(GW and Submitted Driller's Report),Texas Commission of Environmental Quality(PWS), Railroad Commission of Texas(Production Data) Disclaimer 1 This well scan from Banks Environmental Data,Inc.has Included a digital search of state and federal wells currently digitized In our geospatial database. Since this scan includes only well data that is currently mapped in our geospatial database,more wells could exist within the search area. For a complete well search or to locate more details,please contact Banks to obtain a full Water Well Report or Oil&Gas WeIl/Pipeline Search Report.More detailed Individual well records can also be obtained from Banks for an additional cost,please reference a well ID#from this well scan. Igo All well locations are based on information obtained from state and federal sources.Although Banks performs quality assurance and quality control on all data, inaccuracies of the records and mapped locations could possibly be traced to the specific regulatory authority or Individual well driller.Banks Environmental Data,Inc.cannot fully guarantee the accuracy of the data or well location(s)of the maps and records maintained by the state and federal agencies, PO w A r+ w IA VS A Page 15 -� BANKS Mapped Sites Summary Texas 35 at Magnolia Street Water Line — Replacement A ENVIRONMENTAL DATA A OIVBION Of THE MINKS Cd.OL Distance Site Database from Map ID Facility Site Name Facility Site Address Details -r Target Page# Property *Sites are sorted by database tier,database,and distance from the target site. —r RCRA GEN 0.02 miles SW 1 WEATHERFORD INTERNATIONAL INC 3632 S MAIN ST,PEARLAND,TX 77588 18 RCRA GEN 0.25 miles SW 10 WEATHERFORD US INC 3810 MAGNOLIA ST,PEARLAND,TX 77584 20 ST NPL 0.38 miles N 13 JAMES BARR FACILITY 3300 INDUSTRIAL DR,PEARLAND,TX 22 LPST 0.02 miles NE 2 Y AND S FOOD MART 3501 S MAIN,PEARLAND,TX 77581 23 LPST 0.2 miles N 7 DRESSER INDUSTRIES 3401 S MAIN,PEARLAND,TX 77581 26 LPST 0.22 miles W 9 WHITING OILFIELD RENTAL INC 3808 MAGNOLIA,PEARLAND,TX 77581 29 1 LPST 0.25 miles SW 10 CHANCE COLLAR CO 3810 MAGNOLIA RD VCP 1053,PEARLAND,TX 7 32 7581 LPST 0.31 miles NW 11 HOMCO FACILITY 3236 MAIN ST 3232 MAIN ST,PEARLAND,TX 77 34 588 LPST 0.36 miles W 12 MIDWEST STEEL 3901 MAGNOLIA,PEARLAND,TX 77581 36 PST 0.02 miles SW 1 HOMCO INTERNATIONAL 3632 S MAIN ST,PEARLAND,TX 77588 38 PST 0.02 miles NE 2 LIZER FOOD MART 3501 S MAIN ST,PEARLAND,TX 77581 40 PST 0.05 miles NW 3 QUICK STUFF 352 3426 S MAIN ST,PEARLAND,TX 77581 43 I PST 0.11 miles SW 4 AGGREKO 3732 MAGNOLIA ST,PEARLAND,TX 77584 45 PST 0.17 miles W 6 IMPERIAL TRUCKING 3802 MAGNOLIA ST,PEARLAND,TX 77584 46 PST 0.2 miles N 7 DRESSER INDUSTRIES 3401 S MAIN,PEARLAND,TX 77581 48 PST 0.21 miles NW 8 THE CAR SPOT 3404 S MAIN,PEARLAND,TX 77581 51 PST 0.22 miles W 9 WHITING OILFIELD RENTAL 3808 MAGNOLIA ST,PEARLAND,TX 77584 52 wi PST 0.25 miles SW 10 CHANCE COLLAR 3810 MAGNOLIA ST,PEARLAND,TX 77584 55 VCP 0.36 miles W 12 Midwest Corporation-Steel Division 3901 Magnolia Street,Pearland,TX 57 RCRA 0.11 miles SW 4 AGGREKO INC 3732 MAGNOLIA ST,PEARLAND,TX 77584 58 RCRA 0.2 miles N 7 BAKER HUGHES INCORPORATED 3401 S MAIN ST,PEARLAND,TX 77581 60 T RCRA 0.22 miles W 9 WEATHERFORD INTERNATIONAL 3808 MAGNOLIA,PEARLAND,TX 77581 62 IHW 0.02 miles SW 1 Pearland Tool 3632 S Main St,Pearland,TX 77588 64 IHW 0.11 miles SW 4 Aggreko 3732 Magnolia St,Pearland,TX 77584 66 IHW 0.12 miles N 5 Envirospec of Texas Recycter 3304 Old Alvin Rd,Pearland,TX 77581 67 IHW 0.2 miles N 7 Baker Atlas 3401 S Main St,Pearland,TX 77581 68 IHW 0.22 miles W 9 Weatherford International Oil Field Rental 3808 Magnolia,Pearland,TX 77581 69 IHW 0.25 miles SW 10 Weatherford Pearland Manufacturing 3810 Magnolia st,Pearland,TX 77584 70 Page 16 7 BAi I6 Mapped Sites Summary Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA Replacement A DN61ON IX THE N,,AS CfOIP Distance Site Database from MapID FacilitySite Name Target Facility Site Address Details Property Page# 'Sites are sorted by database tier,database,and distance from the target site. End of Mapped Sites Summary Section r Page 17 r fo BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line Replacement A ENVIRONMENTAL DATA A DIVISION Of THE MIAS cnour RCRA GEN - RCRA Generators Map ID#1 Source: EPA EPA Handler ID:TXD980748149 Handler Sequence Number: 11 Banks ID:TXD980748149 WEATHERFORD INTERNATIONAL INC Rel.Loc.:0.02 miles SW 3632 S MAIN ST,PEARLAND,TX 77588 Elevation:48 feet(+48) Contact:PATRICK FORD Owner Name: WEATHERFORD INTERNATIONAL INC Number of Owners: 1 Operator Name: WEATHERFORD INTERNATIONAL INC Number of Operators: 1 Mailing Address: 515 POST OAK BLVD,HOUSTON,TX 77027 Contact Name: PATRICK FORD Contact Address: 515 POST OAK BLVD,HOUSTON,TX 77027 Contact Phone: 713-693-4330 Contact Email Address: Government Performance and Results Act(GPRA)Permit: The facility does not exist on the Operating/Post-Closure Permit Baseline. Government Performance and Results Act(GPRA)Corrective Action: No Workload Legend:L=Land Disposal I=Incineration B=Bollerllndustrlal Furnace S=Storage T=Treatment Permit Workload: Closure Workload: Post-Closure Workload: Subject to Corrective Action: No Subject to Corrective Action 3004: No Subject to Corrective Action Non-TSDF: No Corrective Action Workload: No Generator Status: Conditionally Exempt Small Quantity Generator Nuclear Mixed Waste Handler: No Onsite Burner Exemption: No Furnace Exemption: No Underground Injection Activity: No NAIC Description 1: Oil and Gas Field Machinery and Equipment Manufacturing NAIC Description 2: NAIC Description 3: NAIC Description 4: Federal Generator Class: Conditionally Exempt Small Quantity Generator State Generator Class: Environmental Controls In Place: No Institutional Controls In Place: No Groundwater Controls In Place: No Significant Non-Compliance: No Unaddressed Significant Non-Compiler: No Addressed Significant Non-Complier: No Significant Non-Complier with Compliance Schedule: No Responsible Enforcement Enforcement Description Enforcement Date Penalty Description Agency Page 1 of 2 Click Here to Go Back to Summary Section Page 18 fro BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DIVISION Of nit.BANES WU' Continued from Previous Page MO VERBAL INFORMAL State 7/22/2002 Evaluation Description Responsible Evaluation Date Violation Found Agency we COMPLIANCE EVALUATION INSPECTION ON-SITE State 7/22/2002 Yes NON-FINANCIAL RECORD REVIEW State 5/9/2003 Yes COMPLIANCE EVALUATION INSPECTION ON-SITE State 7/22/2002 Violation Description Violation Violation Date Actual Scheduled Determined By Resolution Date Resolution Date State Statute or Regulation State 7/22/2002 5/16/2003 Hazardous Waste Description 1,4-DICHLOROBENZENE BARIUM CYANIDE BENZENE + CADMIUM CHLOROBENZENE CHROMIUM CORROSIVE WASTE DESCRIPTION IGNITABLE WASTE usLEAD LEAD PHOSPHATE(OR)PHOSPHORIC ACID,LEAD(2+)SALT(2:3) METHYL ETHYL KETONE REACTIVE WASTE fa TETRACHLOROETHYLENE THE FOLLOWING SPENT HALOGENATED SOLVENTS USED IN DEGREASING:TETRACHLOROETHYLENE,TRICHLORETHYLENE,METHYLENE CHLORIDE,1,1,1-TRICHLOROETHANE,CARBON TETRACHLORIDE AND CHLORINATED FLUOROCARBONS;ALL SPENT SOLVENT MIXTURES/BLE NDS USED IN DEGREASING CONTAINING,BEFORE USE,A TOTAL OF TEN PERCENT OR MORE(BY VOLUME)OF ONE OR MORE OF THE ABOVE HALOGENATED SOLVENTS OR THOSE SOLVENTS LISTED IN F002,F004,AND F005;AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. THE FOLLOWING SPENT NONHALOGENATED SOLVENTS:TOLUENE,METHYL ETHYL KETONE,CARBON DISULFIDE,ISOBUTANOL,PYRIDINE, BENZENE,2-ETHOXYETHANOL,AND 2-NITROPROPANE;ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE,A TOTAL OF TEN PERCENT OR MORE(BY VOLUME)OF ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS OR THOSE SOLVENTS LISTED IN F001, F002,OR F004;AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. THE FOLLOWING SPENT NONHALOGENATED SOLVENTS:XYLENE,ACETONE,ETHYL ACETATE,ETHYL BENZENE,ETHYL ETHER,METHYL ow ISOBUTYL KETONE,N-BUTYL ALCOHOL,CYCLOHEXANONE,AND METHANOL;ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE,ONLY THE ABOVE SPENT NONHALOGENATED SOLVENTS;AND ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE, ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS,AND A TOTAL OF TEN PERCENT OR MORE(BY VOLUME)OF ONE OR MORE OF THOSE SOLVENTS LISTED IN F001,F002,F004,AND F005;AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. weTRICHLORETHYLENE OS alb t>• Page 2 of 2 Click Here to Go Beck to Summary Section Page 19 • _� Texas 35 at Magnolia Street Water Line BANKS Mapped Sites Details Replacement AENVIRONMENTAL DATA A MESON OF THE BANKS EMI' Map ID#10 Source: EPA EPA Handler ID:TXD987986171 Handler Sequence Number:8 Banks ID: TXD987986171 WEATHERFORD US INC Rel.Loc.:0,25 miles SW 3810 MAGNOLIA ST,PEARLAND,TX 77584 Elevation:49 feet(+49) Contact:LARRY MOORMAN Owner Name: WEATHERFORD US INC Number of Owners: 1 Operator Name: WEATHERFORD US INC Number of Operators: 1 �. Mailing Address: PO BOX 899,PEARLAND,TX 77581 Contact Name: LARRY MOORMAN Contact Address: PO BOX 899,PEARLAND,TX 77581 Contact Phone: 281-652-1300 Contact Email Address: Government Performance and Results Act(GPRA)Permit: The facility does not exist on the Operating/Post-Closure Permit Baseline. ram Government Performance and Results Act(GPRA)Corrective Action: No Workload Legend:L=Land Disposal I=Inclneration B=Bollerllndustrlal Furnace S=Storage T=Treatment Permit Workload: Closure Workload: Post-Closure Workload: Subject to Corrective Action: No Subject to Corrective Action 3004: No Subject to Corrective Action Non-TSDF: No Corrective Action Workload: No Generator Status: Conditionally Exempt Small Quantity Generator INIEM Nuclear Mixed Waste Handler: No Onslte Burner Exemption: No Furnace Exemption: No �. Underground Injection Activity: No NAIC Description 1: Oil and Gas Field Machinery and Equipment Manufacturing NAIC Description 2: NAIC Description 3: NAIC Description 4: Federal Generator Class: Conditionally Exempt Small Quantity Generator State Generator Class: Environmental Controls in Place: No Institutional Controls In Place: No Groundwater Controls in Place: No Significant Non-Compliance: No Unaddressed Significant Non-Complier: No Addressed Significant Non-Complier: No Significant Non-Complier with Compliance Schedule: No Responsible Enforcement Enforcement Description Enforcement Date Penalty Description Agency miF Evaluation Description ReApensy 1e Evaluation Date Violation Found Page 1 of 2 Click Here to Go Back to Summary Section Page 20 I A _� BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line Replacement ENVIRONMENTAL DATA A DIVlSiOfJ Of 1HE BMILS Gf+OW' Continued from Previous Page Violation Actual Scheduled Violation Description Determined By Violation Date Resolution Date Resolution Date Hazardous Waste Description 1,4-DICHLOROBENZENE 011. BENZENE CADMIUM CHLOROBENZENE CHROMIUM CORROSIVE WASTE IGNITABLE WASTE LEAD METHYL ETHYL KETONE TETRACHLOROETHYLENE THE FOLLOWING SPENT NONHALOGENATED SOLVENTS:TOLUENE,METHYL ETHYL KETONE,CARBON DISULFIDE,ISOBUTANOL,PYRIDINE, BENZENE,2-ETHOXYETHANOL,AND 2-NITROPROPANE;ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE,A TOTAL OF MP TEN PERCENT OR MORE(BY VOLUME)OF ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS OR THOSE SOLVENTS LISTED IN F001, F002,OR F004;AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. THE FOLLOWING SPENT NONHALOGENATED SOLVENTS:XYLENE,ACETONE,ETHYL ACETATE,ETHYL BENZENE,ETHYL ETHER,METHYL ISOBUTYL KETONE,N-BUTYL ALCOHOL,CYCLOHEXANONE,AND METHANOL;ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE,ONLY THE ABOVE SPENT NONHALOGENATED SOLVENTS;AND ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE, ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS,AND A TOTAL OF TEN PERCENT OR MORE(BY VOLUME)OF ONE OR MORE OF "'I THOSE SOLVENTS LISTED IN F001,F002,F004,AND F005;AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. TRICHLORETHYLENE End of RCRA GEN Sites Section I• I F F F Page 2of2 Click Here to Go Back to Summary Section Page 21 F F$ BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DNESION OF THE PANICS CROUP ST NPL - StatelTribal Equivalent NPL Map ID#13 Source: TCEQ TCEQ Regulated ID; RN103176871 TCEQ Internal ID:SUP074 Banks ID: RN103176871 JAMES BARR FACILITY Rel.Loc.:0.38 miles N 3300 INDUSTRIAL DR,PEARLAND,TX Elevation:45 feet(+45) Contact Boucher,Carol Proposal Date: Status: ACTIVE Status Date: 9/2/2002 HRS Score: 25.35 Additional Site Information: REMEDIAL INVESTIGATION,EVAL-SL RI WORK ORDER OR CONTRACT SIGNED Link to Additional Information: http://www.tceq.state.tx.uslremediatlon/superfund/staterjamesbarr.html End of ST NPL Sites Section Page 1 of 1 Click Here to Go Back to Summary Section Page 22 OS FFP"‘ Texas 35 at EN Magnolia Street Water Line TA Mapped Sites Details Replacement ANVIROMENL DATA p A DIVISION Of THE WMS CAMP LPST - State/Tribal Leaking Storage Tank Map ID#2 Source:TCEQ LPST ID: 115469 Facility ID:0061469 Banks ID: 115469 Y AND S FOOD MART Rel.Loc.:0.02 miles NE O 3501 S MAIN,PEARLAND,TX 77581 Elevation:48 feet(+48) Contact:ASLAM KAPADIA Status: Final concurrence Issued,case close OM Leak Discovery Date: 5/2/2002 Leak Discovery Method: Leak Cause: Damage Description: no gw impacted,no apparent threats or Impacts to receptors Leak Closure Date: Priority Score: Owner Name: LIZER ENTERPRISES INC Owner Phone: Contact Name: RIAZ ALI Contact Phone: 281-485-6247 Comments: Leak Substance Diesel: Gasoline: Jet Fuel: Kerosene: New OII: Used OIL: Unknown: CERCLA Substance: Tank#1 Status: In Use Status Date: Capacity: 10000 Comments: install Date: 9/1/1991 Last Used Date: Closure Certification Date: rais Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: t• Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Composite(steel wlexternal FRP cladding) Mil Page 1 of 3 Click Here to Go Back to Summary Section Page 23 I R��1ilC Lill VI S Mapped Sites Details Texas 35 at Magnolia Street Water Line ENRONMENTAL DATA Replacement VI A UNISON Of THE EANKS CJOJP Continued from Previous Page Other Construction Material Description: Construction Material Repair Date: Piping Material: FRP(fiberglass-reinforced plastic) Other Piping Material Description: Piping Release Detection: Auto.Line Leak Detector(3.0gph for pressure piping),Vapor Monitonng Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Vapor Monitoring Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#2 Status: In Use Status Date: Capacity: 6000 Comments: Install Date: 9/1/1991 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Composite(steel w/external FRP cladding) Other Construction Material Description: Construction Material Repair Date: Piping Material: FRP(fiberglass-reinforced plastic) Other Piping Material Description: Piping Release Detection: Auto.Line Leak Detector(3.0gph for pressure piping),Vapor Monitoring Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Vapor Monitoring Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#3 Status: In Use Status Date: Capacity: 6000 Page 2 of 3 Click Here to Go Back to Summary Section Page 24 MD BANNS Mapped Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DIVISION or THE W.1cS CDOIT Continued from Previous Page Comments: Install Date: 9/1/1991 Last Used Date: ow Closure Certification Date: Removed: Gallons Remaining: o n Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: aro Tank Contents are Hazardous: No Tank Count: Unit ID: on Construction Type: Construction Material: Composite(steel w/external FRP cladding) Other Construction Material Description: r Construction Material Repair Date: Piping Material: FRP(fiberglass-reinforced plastic) Other Piping Material Description: Piping Release Detection: Auto.Line Leak Detector(3.0gph for pressure piping),Vapor Monitoring Tank Contents: Diesel Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Vapor Monitoring Automatic Tank Gauge: Inventory Control: Pressure Testing: on I I Page 3 of 3 Click Here to Go Back to Summary Section Page 25 4 BANKS B INKS Mapped Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA pp Replacement A orvISK)N Of THE PMUS crow Map ID#7 Source: TCEQ LPST ID: 092493 Facility ID: 0038305 Banks ID: 092493 DRESSER INDUSTRIES Rel.Loc.:0.2 miles N 3401 S MAIN,PEARLAND,TX 77581 Elevation:47 feet(+47) Contact:BOB CHAUVIN Status: Final concurrence Issued,case close Leak Discovery Date: 1/4/1989 Leak Discovery Method: Leak Cause: Damage Description: groundwater other than lb(drinking water aquifer or water well impacted�threatened),site characterization incomplete Leak Closure Date: Priority Score: Owner Name: ATLAS WIRELINE SERVICES Owner Phone: Contact Name: Contact Phone: 7134850318 Comments: Leak Substance Diesel: Gasoline: Jet Fuel: Kerosene: New Oil: Used Oil: Unknown: CERCLA Substance: Tank#1 Status: Removed from Ground Status Date: 4/20/1989 Capacity: 6000 Comments: Install Date: Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: be'ow Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Page 1 of 3 Click Here to Go Back to Summary Section Page 26 BRA�i 1f JI Mapped Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA Replacement A Dm50N Of 1 HI TDmS GICUP Continued from Previous Page Piping Material: Other Piping Material Description: Piping Release Detection: Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#2 Status: Removed from Ground Status Date: 4/2011 9 89 Capacity: 6000 Comments: Install Date: Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Other Piping Material Description: Piping Release Detection: Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#3 Status: Removed from Ground Status Date: 4/20/1080 Capacity: 500 Comments: install Date: • Page 2 of 3 Click Here to Go Back to Summary Section Page 27 -� ��11IC KS BA MappedTexas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA Sites Details Replacement A OIVISgN Ot THE BANKS GROUP Continued from Previous Page Last Used Date: Closure Certification Date: e : Remov d. Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Steel Other Piping Material Description: Piping Release Detection: Tank Contents: Used Ott Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: inventory Control: Pressure Testing: —r Page 3 of 3 Click Here to Go Back to Summary Section Page 28 Mapped Sites Details Texas 35 at Magnolia Street Water Line log ENVIRONMENTAL DATA Replacement A DIVISION Of 1HE fiMIAS CIARY• Map ID#9 Source:TCEQ LPST ID: 099814 Facility ID:0024160 Banks ID: 099814 WHITING OILFIELD RENTAL INC Rel.Loc.:0.22 miles W 3808 MAGNOLIA,PEARLAND,TX 77581 Elevation:49 feet(+49) Contact:LARRY DAVIES s• Status: Final concurrence Issued,case close Leak Discovery Date: 12/12/1990 Leak Discovery Method: Leak Cause: Damage Description: soil contamination only,requires full site assessment&rap Leak Closure Date: Priority Score: ow Owner Name: WHITING OILFIELD RENTAL INC Owner Phone: Contact Name: WAYBORN ANDERSON Contact Phone: 713-496-7700 Comments: Leak Substance smi Diesel: Gasoline: Jet Fuel: Kerosene: New Oil: Used OIL: ow Unknown: CERCLA Substance: Tank#1 Status: Removed from Ground Status Date: 10/29/1990 Capacity: 1000 Comments: Install Date: 1/1/1981 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No OD Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Page 1 of 3 Click Here to Go Back to Summary Section Page 29 BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line Replacement A ENVIRONMENTAL DATA A DNLSION Of THE mms umu' Continued from Previous Page Piping Material: Steel p 9 Other Piping Material Description: Piping Release Detection: Tank Contents: D esel Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#2 Status: Removed from Ground Status Date: 10/29/1990 Capacity: 1000 Comments: install Date: 1/1/1981 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Steel Other Piping Material Description: Piping Release Detection: Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#3 Status: Removed from Ground Status Date: 10/29/1990 Capacity: 500 Comments: Install Date: 1/1/1981 Page 2 of 3 Click Here to Go Back to Summary Section Page 30 I Mapped Sites Details Texas 35 at Magnolia Street Water Line 1To ENVIRONMENTAL DATA Replacement A orv5S1O5 Of ICE SINKS CEO/Jr Continued from Previous Page Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Steel Other Piping Material Description: Piping Release Detection: Tank Contents: Kerosene Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: I I I Page 3 of 3 Click Here to Go Back to Summary Section Page 31 I -joi BANKS VKS Mapped Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement EN A OIVIYON Of THE MILS rrour Map ID#10 Source:TCEQ LPST ID: 092992 Facility ID:0016550 Banks ID: 092992 CHANCE COLLAR CO Rel.Loc.:0.25 miles SW 3810 MAGNOLIA RD VCP 1053,PEARLAND,TX 77581 Elevation:40 feet(+49) Contact: Status: Final concurrence issued,case close Leak Discovery Date: 5/2/1989 Leak Discovery Method: Leak Cause: Damage Description: no gw impacted,no apparent threats or impacts to receptors Leak Closure Date: Priority Score: Owner Name: CHANCE COLLAR CO Owner Phone: Contact Name: G E BEATTY Contact Phone: 713-485-3246 Comments: Leak Substance Diesel: Gasoline: Jet Fuel: Kerosene: New 011: Used Oil: Unknown: CERCLA Substance: Tank 41 Status: Removed from Ground Status Date: 5/3/1989 Capacity: 4000 Comments: Install Date: 1/1/1980 Last Used Date: Closure Certification Date: Re moved: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel LP Other Construction Material Description: Construction Material Repair Date: Page 1 of 2 Click Here to Go Back to Summary Section Page 32 Texas 35 at Magnolia Street Water Line BANKS Mapped Sites Details ENVIRONMENTAL Replacement MENTAL DATA A DIYl510NOf THE FLANKS G!%Jll' Continued from Previous Page Piping Material: Steel Other Piping Material Description: Piping Release Detection: Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#2 Status: Removed from Ground Status Date: 5/3/1989 Capacity: 4000 Comments: Install Date: 1/1/1980 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Stee' Other Piping Material Description: Piping Release Detection: Tank Contents: Diesel Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: r Page 2 of 2 Click Here to Go Back to Summary Section Page 33 I - BANKS KS Mapped Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA Replacement A DIVISION Of THE MINKS COUP Map ID#11 Source:TCEQ LPST ID: 093855 Facility ID:0049372 Banks ID: 093855 HOMCO FACILITY Rel.Loc.:0.31 miles NW 3236 MAIN ST 3232 MAIN ST,PEARLAND,TX 77588 Elevation:48 feet(+48) Contact:LESA GRIFFIN Status: Final concurrence issued,case close Leak Discovery Date: 10/6/1989 Leak Discovery Method: Leak Cause: Damage Description: no gw impacted,no apparent threats or Impacts to receptors Leak Closure Date: Priority Score: Owner Name: HOMCO INTERNATIONAL INC Owner Phone: Contact Name: BARNEY L HILL Contact Phone: 713-734-0281 Comments: Leak Substance Diesel: Gasoline: Jet Fuel: Kerosene: New Oil: Used Oil: Unknown: CERCLA Substance: Tank#1 Status: Removed from Ground Status Date: 10/1/1989 Capacity: 4000 Comments: Install Date: 1/1/1985 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: 11 Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: 1111 Page 1 of 2 Click Here to Go Back to Summary Section Page 34 ro BANDS Mapped Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DIVISION Of flit MN6 CAMP Continued from Previous Page Piping Material: FRP(fiberglass-reinforced plastic) Other Piping Material Description: Piping Release Detection: Tank Contents: Diesel Other Tank Contents Description: Tank Contents Mixture Information: OD Tank Release Detection: Automatic Tank Gauge: Inventory Control: a• Pressure Testing: Tank#2 Status: Removed from Ground s Status Date: 10/1/1989 Capacity: 4000 Comments: e install Date: 1/1/1985 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: to Unit ID: Construction Type: Construction Material: Steel rs Other Construction Material Description: Construction Material Repair Date: Piping Material: FRP(fiberglass-reinforced plastic) Other Piping Material Description: Piping Release Detection: Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: r F Page 2 of 2 Click Here to Go Back to Summary Section Page 35 I Texas 35 at Magnolia Street Water Line Bill VI Mapped Sites Details11 Replacement /121 ENVIRONMENTAL DATA A ENVISION OF THL EANKS GIUN Map ID#12 Source:TCEQ LPST ID: 100374 Facility ID: 0016872 Banks ID: 100374 MIDWEST STEEL Rel.Loc.:0.36 miles W 3901 MAGNOLIA,PEARLAND,TX 77581 Elevation:50 feet(+50) Contact:DAVID HAYNES Status: Final concurrence Issued,case close '; Leak Discovery Date: 11/7/1991 Leak Discovery Method: Leak Cause: Damago Description: minor soil contamination-no remedial action required Leak Closure Date: Priority Score: Owner Name: MIDWEST STEEL DIV MIDWEST CORP Owner Phone: Contact Name: DAVID G HAYES Contact Phone: 713-485-9633 Comments: Leak Substance Diesel: Gasoline: Jet Fuel: Kerosene: New Oil: Used OIL: Unknown: CERCLA Substance: Tank#1 Status: Removed from Ground Status Date: 11/1/1990 Capacity: 0 Comments: Install Date: Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Dale: Assessment Leak Check: Tank Contents are Hazardous: Nc Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Page 1 of 2 Click Here to Go Back to Summary Section Page 36 I BW VI Mapped Sites Details Texas 35 at Magnolia Street Water Line A ENVIRONMENTAL DATA Replacement A DIVISION Of THE BANKS GAOUI` Continued from Previous Page Piping Material: Other Piping Material Description: Piping Release Detection: Tank Contents: Diesel Other Tank Contents Description: Tank Contents Mixture information: Tank Release Detection: { Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#2 Status: Removed from Ground Status Date: 11(1/1990 Capacity: 0 Comments: Install Date: Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: PAssessment Leak Check: Tank Contents are Hazardous: No Tank Count: 1111 Unit ID: Construction Type: Construction Material: Stee' Other Construction Material Description: Construction Material Repair Date: Piping Material: Other Piping Material Description: Piping Release Detection: Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: PP End of LPST Sites Section Page 2 of 2 Click Here to Go Back to Summary Section Page 37 I fp pp BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA Replacement A DIVISION Of THE PANES GROUP PST -State/Tribal Storage Tank Map ID#1 Source: TCEQ Facility#: 0049372 TCEQ Customer ID: 042955 Banks ID: 0049372 HOMCO INTERNATIONAL Rel.Loc.:0.02 miles SW 3632 S MAIN ST,PEARLAND,TX 77588 Elevation:48 feet(+48) Contact:BARNEY L HILL Owner Name: HOMCO INTERNATIONAL INC Owner Phone: Contact Name: BARNEY L HILL Contact Phone: 713-734-0281 Number of ASTs: 0000 Number of USTs: 0002 Total Number of Tanks: Tank#1 Status: Removed from Ground Status Date: 10/1/1989 Capacity: 4000 Comments: Install Date: 1/1/1985 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Stool Other Construction Material Description: Construction Material Repair Date: Piping Material: FRP(fiberglass-reinforced plastic) Other Piping Material Description: Piping Release Detection: Tank Contents: Diesel Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#2 Status: Removed from Ground Page 1 of 2 Click Here to Go Back to Summary Section Page 38 Texas 35 at Magnolia Street Water Line AENVIRONMENTAL Bit VI Mapped Sites Details ONISIfOfffE DATA Replacement A orv�sioN Of THE ewa caxr Continued from Previous Page Status Date: 10/1/1989 Capacity: 4000 Comments: Install Date: 1/1/1985 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: FRP(fiberglass-reinforced plastic) Other Piping Material Description: Piping Release Detection: Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: a Page 2 of 2 Click Here to Go Back to Summary Section Page 39 I rsTexas 35 at Magnolia Street Water Line BANKS Mapped Sites Details Replacement AENVIRONMENTAL DATA A DIVISION Of THE PAYS CIOUP Map ID#2 Source:TCEQ Facility#: 0061469 TCEQ Customer ID: 091586 Banks ID: 0061469 LIZER FOOD MART Rel.Loc.:0.02 miles NE 3501 S MAIN ST,PEARLAND,TX 77581 Elevation:48 feet(+48) Contact:RIAZ ALI Owner Name: LIZER ENTERPRISES INC Owner Phone: Contact Name: RIAZ ALI Contact Phone: 281-485-6247 Number of ASTs: 0000 Number of USTs: 0003 Total Number of Tanks: Tank#1 Status: In Use Status Date: Capacity: 10003 Comments: Install Date: 9/1/1991 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Composite(steel wlextemal FRP cladding) Other Construction Material Description: Construction Material Repair Date: Piping Material: FRP(fiberglass-reinforced plastic) Other Piping Material Description: Piping Release Detection: Auto.Line Leak Detector(3.ogph for pressure piping),Vapor Monitoring Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Vapor Monitoring Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#2 Status: in Use Status Date: Capacity: 6000 Page 1 of 3 Click Here to Go Back to Summary Section Page 40 MID BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line r--x ENVIRONMENTAL DATA Replacement A DIVISION Of THE EAMES UbIP Continued from Previous Page w Comments: Install Date: 9/1/1991 AnaLast Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: t• Tank Contents are Hazardous: No Tank Count: Unit ID: say Construction Type: Construction Material: Composite(steel w/external FRP cladding) Other Construction Material Description: Construction Material Repair Date: Piping Material: FRP(fiberglass-reinforced plastic) Other Piping Material Description: am Piping Release Detection: Auto.Line Leak Detector(3.0gph for pressure piping),Vapor Monitoring Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture information: Tank Release Detection: Vapor Monitoring Automatic Tank Gauge: +� Inventory Control: Pressure Testing: Tank#3 NIPStatus: In Use Status Date: Capacity: 6000 Comments: to Install Date: 9/1/1991 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No • Tank Count: Unit ID: Construction Type: Construction Material: Composite(steel w/external FRP cladding) Other Construction Material Description: Construction Material Repair Date: Page 2 of 3 Click Here to Go Back to Summary Section Page 41 -1 I BANI Ma ed Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA pp Replacement A DIVISION Of THE SANS GROUP Continued from Previous Page Piping Material: FRP(fiberglass-reinforced plastic) Other Piping Material Description: Piping Release Detection: Auto.Line Leak Detector(3.0gph for pressure piping),Vapor Monitoring s Tank Contents: Diesel Other Tank Contents Description: Tank Contents Mixture Information: 11 Tank Release Detection: Vapor Monitoring Automatic Tank Gauge: Inventory Control: Pressure Testing: 111 111 Page 3 of 3 Click Here to Go Back to Summary Section Page 42 pgIL Mapped Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DN610N Of THc 61N(Stl Map ID#3 Source:TCEQ Facility#: 0076746 TCEQ Customer ID: 117847 Banks ID: 0076746 NO QUICK STUFF 352 Rel.Loc.:0.05 miles NW 3426 S MAIN ST,PEARLAND,TX 77581 Elevation:48 feet(+48) Contact:HUSSAIN VISNANI Owner Name: SUSSER PETROLEUM COMPANY LLC Owner Phone: Contact Name: CRAIG SCOTTON Contact Phone: 361-884-2463 Number of ASTs: 0000 Number of USTs: 0002 se Total Number of Tanks: Tank#1 Status: In Use Status Date: a Capacity: 20000 Comments: install Date: 7/16/2004 w Last Used Date: Closure Certification Date: Removed: MB Gallons Remaining: Above or Below Ground Tank: below Assessment Date: so Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: FRP(fiberglass-reinforced plastic) OD Other Construction Material Description: Construction Material Repair Date: Piping Material: FRP(fiberglass-reinforced plastic) Other Piping Material Description: es Piping Release Detection: Auto.Line Leak Detector(3.0gph for pressure piping),interstitial Monitoring within secondary wall/jacket Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Interstitial Monitoring within secondary wail/jacket,Automatic Tank Gauge Test& Inventory Cold Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#2 Status: In Use Status Date: Capacity: 20000 OD Page 1 of 2 Click Here to Go Back to Summary Section Page 43 � �111C R� B ll VKS Ma pp Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA l)l) Replacement A DIVLSION Of THE HANKS CAIX➢' Continued from Previous Page Comments: Install Date: 7/16!2004 Last Used Date: Closure Certification Date: 111 Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: FRP(fiberglass-reinforced plastic) Other Construction Material Description: Construction Material Repair Date: Piping Material: FRP(fiberglass-reinforced plastic) 111 Other Piping Material Description: Piping Release Detection: Auto.Line Leak Detector(3.0gph for pressure piping),Interstitial Monitoring within secondary wall/jacket Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Interstitial Monitoring within secondary wall/jacket,Automatic Tank Gauge Test& Inventory Cntrl Automatic Tank Gauge: Inventory Control: Pressure Testing: Page 2 of 2 Click Here to Go Back to Summary Section Page 44 I Texas 35 at Magnolia Street Water Line BANKS Mapped Sites Details Re lacement ENVIRONMENTAL DATA P A DIVISION Of MIL rnnxs cmir Map ID#4 Source:TCEQ Facility#:0070867 TCEQ Customer ID: 107842 Banks ID:0070867 AGGREKO Rel.Loc.:0.11 miles SW 3732 MAGNOLIA ST,PEARLAND,TX 77584 Elevation:49 feet(+49) Contact:Junior Wilkerson Owner Name: AGGREKO INC Owner Phone: Contact Name: Huey Bourque Contact Phone: 318-367-7884 'kr Number of ASTs: 0001 Number of USTs: 0000 Total Number of Tanks: Tank#1 Status: in use Status Date: Capacity: 0005000 Comments: Install Date: 1/1/1989 r Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: above Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: 00187171 Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Other Piping Material Description: Piping Release Detection: Tank Contents: Diesel Other Tank Contents Description: 11.1 Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Page 1 of 1 Click Here to Go Back to Summary Section Page 45 1.-o Texas 35 at Magnolia Street Water Line i BANKS V1�.7 Mapped Sites Details Replacement ENVIRONMENTAL DATA A DNUSION Of THE B N%S GDOUP Map ID#6 Source:TCEQ Facility#: 0059932 TCEQ Customer ID: 090300 Banks ID: 0059932 IMPERIAL TRUCKING Rel.Loc.:0.17 miles W 3802 MAGNOLIA ST,PEARLAND,TX 77584 Elevation:49 feet(+49) Contact:Jim Kierl Owner Name: IMPERIAL TRUCKING CO INC Owner Phone: Contact Name: Jim Kierl Contact Phone: 713-997-1858 Number of ASTs: 0000 Number of USTs: 0002 Total Number of Tanks: Tank#1 Status: In Use Status Date: Capacity: 1C030 Comments: Install Date: 3/1/1985 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Steel Other Piping Material Description: Piping Release Detection: Tank Contents: Diesel Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#2 Status: In Use Status Date: Capacity: 10000 Page 1 of 2 Click Here to Go Back to Summary Section Page 46 I fA � A�1IB J \11 Mapped Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DN610N Of THE Ei..VS GEOLT Continued from Previous Page Comments: Install Date: 3/1/1985 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Steel Other Piping Material Description: Piping Release Detection: Tank Contents: Diesel Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: P" I I I Page 2 of 2 Click Here to Go Back to Summary Section Page 47 I -� BANKS �1ilC -p B ll KS Mapped Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA pp Replacement A DIVISION Of THE PAIV'CS Gr.O(N Map ID#7 Source:TCEQ Facility#: 0038305 TCEQ Customer ID: 075481 Banks ID: 0038305 DRESSER INDUSTRIES Rel.Loc.:0.2 miles N 3401 S MAIN,PEARLAND,TX 77581 Elevation:47 feet(+47) Contact:CHARLES BLEIFELD Owner Name: ATLAS WIRELINE SERVICES Owner Phone: Contact Name: Contact Phone: 7134850318 Number of ASTs: 0000 Number of USTs: 0003 Total Number of Tanks: Tank#1 Status: Removed from Ground Status Date: 4/20/1989 Capacity: 6000 Comments: Install Date: Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Other Piping Material Description: Piping Release Detection: Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#2 Status: Removed from Ground Status Date: 4/20/1989 Capacity: 6000 Page 1 of 3 Click Here to Go Back to Summary Section Page 48 I BANK 35 at Magnolia Street Water Line VI Mapped Sites Details ENVIRONMENTAL DATA Replacement A DIVISION Or THE BMO(T GIMP Continued from Previous Page Comments: Install Date: Last Used Date: Closure Certification Date: Removed: �I Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: q Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Other Piping Material Description: — Piping Release Detection: Tank Contents: Gasoline Other Tank Contents Description: - Tank Contents Mixture information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#3 Status: Removed from Ground Status Date: 4/20/1989 Capacity: 500 Comments: Install Date: Last Used Date: Closure Certification Date: MB Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Page 2 of 3 Click Here to Go Back to Summary Section Page 49 I at Magnolia Street Water Line 35 fo BANKS Mapped Sites Details TexasReplacement AENVIRONMENTAL DATA A DIVLSIENJ Of THE BANKS mole Continued from Previous Page Piping Material: Steel Other Piping Material Description: Piping Release Detection: Tank Contents: Used Oil Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: J. 4111 1 1 Page 3 of 3 Click Here to Go Back to Summary Section Page 50 I Mapped Sites Details Texas 35 at Magnolia Street Water Line ps ENVIRONMENTAL DATA Replacement A DIVISION Of THE WAS CROUP Map ID#8 Source:TCEQ Facility#: 0066639 TCEQ Customer ID:100152 Banks ID:0066639 THE CAR SPOT Rel.Lea.:0.21 miles NW 3404 S MAIN,PEARLAND,TX 77581 Elevation:48 feet(+48) Contact:Allen Small Owner Name: COAMERICA BANK TEXAS Owner Phone: Contact Name: Stewart Bul PP Contact Phone: 214-589-4703 Number of ASTs: 0000 Number of USTs: 0001 Total Number of Tanks: Tank#1 Status: Removed from Ground Status Date: 4/25/1995 Capacity: 6000 Comments: Install Date: Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Other Construction Material Description: Construction Material Repair Date: Piping Material: Other Piping Material Description: Piping Release Detection: Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: tt� Inventory Control: Pressure Testing: I Page lof1 Click Here to Go Back to Summary Section Page 51 Bll I Ma ed Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA pp Replacement A DNlS10N IX ICE MAYS f r.OUP Map ID#9 Source: TCEQ Facility#: 0024160 TCEQ Customer ID:060277 Banks ID: 0024160 WHITING OILFIELD RENTAL Rel.Loc.:0.22 miles W 3808 MAGNOLIA ST,PEARLAND,TX 77584 Elevation:49 feet(+49) Contact:WAYBORN ANDERSON Owner Name: WHITING OILFIELD RENTAL INC Owner Phone: Contact Name: WAYBORN ANDERSON Contact Phone: 713-496-7700 Number of ASTs: 0000 Number of USTs: 0003 Total Number of Tanks: Tank#1 Status: Removed from Ground Status Date: 10/29/1990 Capacity: 1000 Comments: Install Date: 1/1/1981 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Steel Other Piping Material Description: Piping Release Detection: Tank Contents: Diesel Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#2 Status: Removed from Ground Status Date: 10/29/1990 Capacity: 1000 Page 1of3 Click Here to Go Back to Summary Section Page 52 10 BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA Replacement A DIVISION Of THE EAN'/S GroDLI' Continued from Previous Page Comments: Install Date: 1/1/1981 Last Used Date: ■ Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Steel Other Piping Material Description: Piping Release Detection: Tank Contents: Gasoline Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: Tank#3 Status: Removed from Ground Status Date: 10/29/1990 Capacity: 500 Comments: Install Date: 1/1/1981 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: IP Page 2 of 3 Click Here to Go Back to Summary Section Page 53 -0 il BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA pp Replacement A DIVISION Of THE 9AN(S(BAUI` Continued from Previous Page Piping Material: Steel Other Piping Material Description: Piping Release Detection: Tank Contents: Kerosene Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: 1 Page 3 of 3 111 Click Here to Go Back to Summary Section Page 54 BANms Mapped Sites Details Texas 35 at Magnolia Street Water Line A ENVIRONMENTAL DATA Replacement A DIVISION 01 THE CAMS GflOIP • Map ID#10 Source:TCEQ Facility#:0016550 TCEQ Customer ID:055163 Banks ID:0016550 • CHANCE COLLAR Rel.Loc.:0.25 miles SW 3810 MAGNOLIA ST,PEARLAND,TX 77584 Elevation:49 feet(+49) Contact:G E BEATTY Owner Name: CHANCE COLLAR CO Owner Phone: Contact Name: G E BEATTY Contact Phone: 713-485-3246 Number of ASTs: 0 Number of USTs: 2 • Total Number of Tanks: Tank#1 Status: Removed from Ground Status Date: 5/3/1989 • Capacity: 4000 Comments: Install Date: 1/1/1980 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: • Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: • Unit ID: Construction Type: Construction Material: Steel - Other Construction Material Description: Construction Material Repair Date: Piping Material: Steel • Other Piping Material Description: Piping Release Detection: Tank Contents: Gasoline • Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: • Inventory Control: Pressure Testing: Tank#2 • Status: Removed from Ground Status Date: 5/3/1989 Capacity: 4000 to Page 1 of 2 Click Here to Go Back to Summary Section Page 55 I -1 BANKS BA NiKS Mapped Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA pP Replacement A ornsiO5 Of THE PANYS UAW Continued from Previous Page Comments: Install Date: 1/1/1980 Last Used Date: Closure Certification Date: Removed: Gallons Remaining: Above or Below Ground Tank: below Assessment Date: Assessment Leak Check: Tank Contents are Hazardous: No Tank Count: Unit ID: Construction Type: Construction Material: Steel Other Construction Material Description: Construction Material Repair Date: Piping Material: Steel Other Piping Material Description: Piping Release Detection: Tank Contents: Diesel Other Tank Contents Description: Tank Contents Mixture Information: Tank Release Detection: Automatic Tank Gauge: Inventory Control: Pressure Testing: End of PST Sites Section 11 Page 2 of 2 Click Here to Go Back to Summary Section Page 56 40 Mapped Sites Details Texas 35 at Magnolia Street Water Line p BANKS ENVIRONMENTAL DATA Replacement A DIVISION cc THE EWES CJDEIC g' VCP -State/Tribal Voluntary Cleanup Map ID#12 Source:TCEQ VCP ID:214 EPA Texas ID/Registration#: NA Banks ID:VCP_000214 Midwest Corporation-Steel Division Rel.Loc.:0.36 miles W tra 3901 Magnolia Street,Pearland,TX Elevation:50 feet(+50) Contact: Status: Conditional Receive Date: 3/29/1996 Project Completion Date: Completion Date-Certificate issued: 9/15/1998 Covenant Not to Sue: • Facility Type: Used Railroad Products Warehouse Acres: 15 Applicant: LinGo Properties,Inc. institutional Controls: Non-Residential,no gw use,O&M cover system Site Contamination information: Metal,TPH Media Affected: Solis Owner Name: Mr.Tracy Goza Owner Phone: 832-736-9600 Additional information: End of VCP Sites Section r I I I Page 1 of 1 Click Here to Go Sack to Summary Section Page 57 r - Texas 35 at Magnolia Street Water Line • BANKS Mapped Sites Details Replacement F-x ENVIRONMENTAL DATA A orvmory Of THE LAN,Cmw RCRA - RCRA Map ID#4 Source: EPA EPA Handler ID:TXD988088282 Handler Sequence Number:2 Banks ID:TXD988088282 AGGREKO INC Rel.Loc.:0,11 miles SW 3732 MAGNOLIA ST,PEARLAND,TX 77584 Elevation:49 feet(+49) Contact:BRUCE POOL Owner Name: AGGREKO INC Number of Owners: 1 Operator Name: AGGREKO INC Number of Operators: 1 Mailing Address: 3732 MAGNOLIA ST,PEARLAND,TX 77584 Contact Name: BRUCE POOL Contact Address: 3732 MAGNOLIA ST,PEARLAND,TX 77584 Contact Phone: 713-485-4471 Contact Email Address: Government Performance and Results Act(GPRA)Permit: The facility does not exist on the Operating/Post-Closure Permit Baseline. Government Performance and Results Act(GPRA)Corrective Action: No Workload Legend:L=Land Disposal 1=lnclneration B=Boller/industrial Furnace S=Storage T=Treatment Permit Workload: Closure Workload: Post-Closure Workload: Subject to Corrective Action: No Subject to Corrective Action 3004: No Subject to Corrective Action Non-TSDF: No Corrective Action Workload: No Generator Status: Not a Generator Nuclear Mixed Waste Handler: No Onsite Burner Exemption: No Furnace Exemption: No Underground Injection Activity: No NAIC Description 1: Household Appliance Stores NAIC Description 2: NAIC Description 3: NAIC Description 4: Federal Generator Class: Not a Generator,Verified State Generator Class: Environmental Controls In Place: No Institutional Controls In Place: No Groundwater Controls In Place: No Significant Non-Compliance: No Unaddressed Significant Non-Compiler: No Addressed Significant Non-Complier: No Significant Non.Complier with Compliance Schedule: No Responsible Enforcement Enforcement Description Enforcement Date Penalty Description Agency Page 1 of 2 Click Here to Go Back to Summary Section Page 58 BI6 Mapped Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DIVISION Of THE WOG C.OID` Continued from Previous Page Evaluation Description Responsible Evaluation Date Violation Found Agency >r Violation Description Violation Violation Date Actual Scheduled Determined By Resolution Date Resolution Date " Hazardous Waste Description BENZENE CADMIUM 11. CHROMIUM CORROSIVE WASTE DESCRIPTION IGNITABLE WASTE LEAD TETRACHLOROETHYLENE THE FOLLOWING SPENT NONHALOGENATED SOLVENTS:TOLUENE,METHYL ETHYL KETONE,CARBON DISULFIDE,ISOBUTANOL,PYRIDINE, BENZENE,2-ETHOXYETHANOL,AND 2-NITROPROPANE;ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE,A TOTAL OF TEN PERCENT OR MORE(BY VOLUME)OF ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS OR THOSE SOLVENTS LISTED IN F001, F002,OR F004;AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. THE FOLLOWING SPENT NONHALOGENATED SOLVENTS:XYLENE,ACETONE,ETHYL ACETATE,ETHYL BENZENE,ETHYL ETHER,METHYL ISOBUTYL KETONE,N-BUTYL ALCOHOL,CYCLOHEXANONE,AND METHANOL;ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE,ONLY THE ABOVE SPENT NONHALOGENATED SOLVENTS;AND ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE, ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS,AND A TOTAL OF TEN PERCENT OR MORE(BY VOLUME)OF ONE OR MORE OF THOSE SOLVENTS LISTED IN F001,F002,F004,AND F005;AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. I I I r a Page 2 of 2 Click Here to Go Back to Summary Section Page 59 rsTexas 35 at Magnolia Street Water Line �!"11 V��J Mapped Sites Details Re lacement ENVIRONMENTAL DATA p A MWSION Of THE WNIG GMT Map ID#7 Source: EPA EPA Handler ID:TXD083582940 Handler Sequence Number:7 Banks ID:TXD083582940 BAKER HUGHES INCORPORATED Rel.Loc.:0.2 miles N 3401 S MAIN ST,PEARLAND,TX 77581 Elevation:47 feet(+47) Contact:LOUIS GALINDO Owner Name: BAKER HUGHES INCORPORATED Number of Owners: 1 Operator Name: BAKER HUGHES INCORPORATED Number of Operators: 1 Mailing Address: 3401 S MAIN ST,PEARLAND,TX 77581 Contact Name: LOUIS GALINDO Contact Address: 3401 S MAIN ST,PEARLAND,TX 77581 Contact Phone: 713-485-8311 Contact Email Address: Government Performance and Results Act(GPRA)Permit: The facility does not exist on the Operating/Post-Closure Permit Baseline, Government Performance and Results Act(GPRA)Corrective Action: No Workload Legend:L=Land Disposal I=incineration B=BollerlIndustrial Furnace S=Storage T=Treatment Permit Workload: Closure Workload: Post-Closure Workload: Subject to Corrective Action: No Subject to Corrective Action 3004: No Subject to Corrective Action Non-TSDF: No Corrective Action Workload: No Generator Status: Not a Generator Nuclear Mixed Waste Handler: No Onslte Burner Exemption: No Furnace Exemption: No Underground Injection Activity: No NAIC Description 1: Support Activities for Oil and Gas Operations NAIC Description 2: NAIC Description 3: NAIC Description 4: Federal Generator Class: Not a Generator,Verified State Generator Class: Environmental Controls in Place: No Institutional Controls In Place: No Groundwater Controls In Place: No Significant Non-Compliance: No Unaddressed Significant Non-Complier: No Addressed Significant Non-Complier: No Significant Non-Complier with Compliance Schedule: No Responsible Enforcement Enforcement Description Enforcement Date Penalty Description Agency Evaluation Description Responsible Evaluation Date Violation Found Agency Page 1 of 2 Click Here to Go Back to Summary Section Page 60 4.11 gip W BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DIVESUN Of THE DAMES(• IV Continued from Previous Page Violation Actual Scheduled Violation Description Determined By Violation Date Resolution Date Resolution Date Hazardous Waste Description BENZENE CADMIUM IGNITABLE WASTE LEAD METHYL ETHYL KETONE REACTIVE WASTE TETRACHLOROETHYLENE TRICHLORETHYLENE r I I I I I l♦ • • r • Page 2 of 2 Click Here to Go Back to Summary Section Page 61 I vs1l �l B K MappedTexas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA Sites Details Replacement A DIV610N or THE PAPAS GROUP Map ID#9 Source: EPA EPA Handler ID:TXD988050217 Handler Sequence Number:8 Banks ID: TXD988050217 WEATHERFORD INTERNATIONAL Rel.Loc.:0.22 miles W 3808 MAGNOLIA,PEARLAND,TX 77581 Elevation:49 feel(+49) Contact:PATRICK FORD Owner Name: WEATHERFORD INTERNATIONAL Number of Owners: 1 Operator Name: WEATHERFORD INTERNATIONAL Number of Operators: 1 Mailing Address: 515 POST OAK BLVD STE 600,HOUSTON,TX 77027 Contact Name: PATRICK FORD Contact Address: 515 POST OAK BLVD STE 600,HOUSTON,TX 77027 Contact Phone: 713-693-4913 Contact Email Address: Government Performance and Results Act(GPRA)Permit: The facility does not exist on the Operating/Post-Closure Permit Baseline. Government Performance and Results Act(GPRA)Corrective Action: No Workload Legend:L=Land Disposal 1=lnclneration B=Boilerllndustrial Furnace S=Storage T=Treatment Permit Workload: Closure Workload: Post-Closure Workload: Subject to Corrective Action: No Subject to Corrective Action 3004: No Subject to Corrective Action Non-TSDF: No Corrective Action Workload: No Generator Status: Not a Generator Nuclear Mixed Waste Handler: No Onsite Burner Exemption: No Furnace Exemption: No Underground Injection Activity: No NAIC Description 1: Support Activities for Oil and Gas Operations NAIC Description 2: NAIC Description 3: NAIC Description 4: Federal Generator Class: Not a Generator,Verified State Generator Class: Environmental Controls in Place: No Institutional Controls In Place: No Groundwater Controls In Place: No Significant Non-Compliance: No Unaddressed Significant Non-Complier: No Addressed Significant Non-Complier: No Significant Non-Compller with Compliance Schedule: No Responsible Enforcement Enforcement Description Enforcement Date Penalty Description Agency Evaluation Description Responsible Evaluation Date Violation Found Agency Page 1 of 2 Click Here to Go Back to Summary Section Page 62 I px BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DIVISION Of THE AMES CAOUr Continued from Previous Page Violation Description Violation Violation Date Actual Scheduled Determined By Resolution Date Resolution Date IPHazardous Waste Description BENZENE CADMIUM CHROMIUM CORROSIVE WASTE IGNITABLE WASTE LEAD METHYL ETHYL KETONE TETRACHLOROETHYLENE THE FOLLOWING SPENT NONHALOGENATED SOLVENTS:TOLUENE,METHYL ETHYL KETONE,CARBON DISULFIDE,ISOBUTANOL,PYRIDINE, BENZENE,2-ETHOXYETHANOL,AND 2-NITROPROPANE;ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE,A TOTAL OF TEN PERCENT OR MORE(BY VOLUME)OF ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS OR THOSE SOLVENTS LISTED IN F001, F002,OR F004;AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. THE FOLLOWING SPENT NONHALOGENATED SOLVENTS:XYLENE,ACETONE,ETHYL ACETATE,ETHYL BENZENE,ETHYL ETHER,METHYL an USE, KETONE,N-BUTYL ALCOHOL,CYCLOHEXANONE,AND METHANOL;ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE,ONLY THE ABOVE SPENT NONHALOGENATED SOLVENTS;AND ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING,BEFORE USE, ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS,AND A TOTAL OF TEN PERCENT OR MORE(BY VOLUME)OF ONE OR MORE OF THOSE SOLVENTS LISTED IN F001,F002,F004,AND F005;AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. TRICHLORETHYLENE • End of RCRA Sites Section I I 1 I OD OD 1181. Page 2 of 2 Click Here to Go Back to Summary Section Page 63 � RA�1ilC B` u I S Mapped Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA Replacement Amour Of THE PMxS Gr.ALf IHW - Industrial Hazardous Waste Map ID#1 Source:TCEQ Register#: 33627 EPA ID:TXD980748149 Banks ID: 33627 Peariand Tool Rel.Loc.:0.02 miles SW 3632 S Main St,Pearfand,TX 77588 Elevation:48 feet(+48) Contact:PATRICK FORD Status: Active TCEQ ID: 011107 i Permit Number: Business Type: Unknown Owner Name: Weatherford International Inc Owner Phone: 281-485-1899 Company Name: Weatherford International Inc Operator Address: 3632 S Main St,Pearland,TX 77581 Waste ID TX Waste Code Generators Waste Description 00078930 00016951 Clean out sump from washing oilfield equipment. 00119998 6001203H Spent solvents(mineral spirits/varsol).Oil field related equipment,tools,andparts are rinsed in solvent to remove grease and debris during servicing.Wasteis mixture of spent petroleum solvent with grease and silt deb 00120018 60049012 Class 2 paper,lumber,plastic,paper packing material,plastic packing material,styrofoam,glass, aluminum foil.Does not include metal parts,floor sweepingsor scrap metals.Generating process Is general 00120029 60083101 Cf�A�'$�at15fifili4rPfrom spray paint application equipment used in painting oil field tools and equipment.Filters have been dried.There are no liquids present.Non-hazardous. I 00120036 60133191 Pipe scale solids,including rust,drilling mud and dry oil.Generated during the cleaning and reconditioning of of field drilling pipe.Non-hazardous. 00120049 00234891 Pipe coating.Coating Is applied to oil field drilling pipe to Inhibit corrosion.Dried/solidified accumulations of the drippings from the application process are collected for disposal. 00120050 6024209H Paint waste,liquids,containing toluene and/or xylene.Spent paint from painting tools,parts and equipment and general maintenance of oil field related equipment.Hazardous. 00121638 60264891 Petroleum contaminated solids.Non-hazardous.Sand,silt,grit,residual hydraulic oil,grease and paint chips accumulate from clening of oil field pipe,parts,and equipment. 00125244 00023191 Personal protective equipment/Sump clean out 00137589 60234891 Pipe coating.Coating Is applied to oil field drilling pipe to Inhibit corrosion.Dried/solidified accumulations of drippings from application process are collected for disposal. 00159626 0566203H Immersion cleaner used in degreasing of parts Pipe Thread Compound-(pipe dope);the waste Is comprised of off-spec or unusedproduct which contain 00195543 60346961 no lead or other EPA-RCRA characteristics or listed hazardous waste components.Pipe thread compound Pipe Dope)is appi 00195544 60353891 Sandblasting waste.Oilfield equipment is sand blasted prior to painting.Sandblasting waste consists of spent sand and residues of paint,oil,dirt or othermaterials removed from the equipment through the sandblasting pro 00195854 6032405H Waste charges,fuses,articles,detonators,and cartridges,Explosives thathave outlived their shelf lives; explosives are used In the drilling process,either to remove oilfield equipment stuck downhole,or to perforate t 00200248 60363101 Used paint filters(non-hazardous).Paint filters are used In paint booth.Equipment Is painted on-site In paint booth.When the filters are no longer effective,they must be disposed of. 00216389 60429992 Class 2 Plant Trash consisting of Inert packaging materials,office trash,foodwastes,shipping cartons,and empty andrinsed 5-gallon containers once holding non-hazardous lubricants. 00120021 60063101 Used oil filters from vehicle and equipment maintenance.Non-hazardous. 00120031 6009209H Paint waste,oil based,liquid containing paint thinner or mineral spirltsNarsol.Generatinig process Is from painting oil field tools and equipment,general maintenance.Ignitable. 00120033 60114091 Paint waste solids from clean up of paint booth overspray,floor scrappings andwood with overspray. Generating process is from painting oil field tools and equipment.Non-Hazardous. Oil absorbents,rags and pads from general clean up and maintenance activities.For cleaning minor releases of 00120041 60153101 oil from maintenance and repair of equipment.Waste Is generally a mixture of non-biodegradable absorbent granul 00120047 60219022 Supplemental plant refuse-primarily solid floor sweepings from plant production operations.Non-hazardous. 00120048 60222191 Oil based machine coolant/water soluable.Liquid.Spent coolant from machining process of tooling,cutting and grooving.Non-hazardous.Waste will be recycled offsite for oil recovery.Recycling notification has been 00120051 6025310H p ?ftwaste filters.Solid paint filters containing liquids.Not dry.Used paintfilters from spray paint equipment used In painting equipment.Paint contains toluene and xylene from thinning process.Hazardous 00195542 60333071 Grinding Grit.Grinding operations-Metal grit and debris are generated dunnggrinding operations of oilfield equipment. 00200249 60374091 Paint solids(non-hazardous).Spent paint residue(non-hazardous paint)generated when equipment is painted on-site In paint booth.' 00200250 6038389H Sandblasting waste.Oilfield equipment is san blasted prior to painting.Sandblasting waste consists of spent sand and residues of paint,oil,dirt or other materials removed from the equipment through the sandblasting pro 00210876 60403191 One Time Shipment-Off-spec calcium bromide pellets 00120019 60059032 Class 2 paper,cardboard,linings,wrappings,paper,wood or plastic wrappings,food wastes,glass, aluminum foil,aluminum cans,plastics styrofoam,food packings,empty shipping cartons,binders.Process Page 1 of 2 Click Here to Go Back to Summary Section Page 64 L I Mapped Sites Details Texas 35 at Magnolia Street Water Line A ENVIRONMENTAL DATA Replacement A DIVISION Of THE WXS Gnaw Continued from Previous Page • generating Is fro Waste glycol based antifreeze/coolant.Removed from facility vehicles and equipment during service and repair. 00120044 60182961 Non-hazardous.Waste will be send to Chemsep,Inc for ehtylene glycol recovery.Recycling notification has been • 00120046 60203071 Scrap metal.Generated during the manufacture and servicing of oil field tools and equipment.Miscellaneous metal pieces and parts which are no longer useable are scrapped and sent to metal recycler.Non-hazardous. 00127580 60283191 Used tires removed from trucks&equipment.Tires are no longer in service&are sent to tire recycier. 00137061 6029209H Waste paint aerosol cans used for painting oil field tools&equipment.Tools&equipment are apinted as needed between sue.Waste includes paint aerosol canswith residual paint&propellant. • 00140953 6031109H Spent caustic solution used for stripping paint&grease from oil field rental tools during cleaning process. Waste includes mixed solution of water,sodium hydroxide,oil,grease&paint. Spent immersion cleaner/cold cleaner.Oil field related equipment,tools,parts,and pipe are cleaned In 00120006 6002203H immersion cleaner to remove grease and debris during servicing.Waste is a mixture of heavy aromatic Naptha, all,Mono 00120007 60032051 Oil-water emulsion and mixture form oil field equipment servicing.Oil field hydraulic equipment,pipe and tools are cleaned and reconditioned.Oil,grease andwash water collect In sump.Waste is mixture of oil and water. • 00120027 60072061 Used motor oil and used hydraulic oil from vehicle and equipment maintenance.Tobe sent to oil recycler.Non- - Hazardous. 00120032 60102091 Waste paint,water based,Process generating is from painting parts,tools and equipment-general maintenance.Non-hazardous. 00120034 6012211 H Spent waste paint thinner used in thinning paint,cleaning paint equipment and general maintenance for paint preparation activities of oil field tools and equipment.Contains mineral spititsNarsolNM&P Naptha.Ignitable.< • 00120038 6014309H Used lead batteries,or battery parts,casings or cores.Process generating is out of service"batteries from facility vehicles and equipment maintenance.To be sent to battery recycler.Hazardous. 00120042 60163081 Empty metal drums and empty metal containers from products purchased.Rendered empty after use of product Non-hazardous. 00120043 60174061 Empty fiber or plastic containers from products purchased.Rendered empty afteruse of product.Non- hazardous. • 00120045 00196951 Petroleum contaminated sludge from sump.Tools are steam cleaned&washed to remove lubricant,dirt, paint,scale&corrosion.Liquids are removed&this sludgeremalns. 00137060 60196951 Petroleum contaminated sludge from sump.Tools are steam cleaned&washed to remove lubricant,dirt, paint,scale&corrosion,Liquids are removed&sludge remains. 00137590 60304891 Drilling mud,cement&crude oil solids from cleaning oil field drilling muc circulation pits.Pits are serviced& cleaned at facility between rentals.Wasteincludes mixture of solid residual drilling muc,cement,crude of • 00200582 60392961 Used coolant.Generating process:Coolant used In machines on site during normal operations. • 00211829 6041202H One Time Shipment-Used Oil contaminated with TCE&PERC 00224146 60432191 Spent Wireline grease/Iubricant • • I I I r Page 2 of 2 Click Here to Go Back to Summary Section Page 65 r ro11 V B K Ma pp Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA pp Replacement A ONCSION Of TMC CANKS Cdtlllr Map ID#4 Source:TCEQ Register#: 81281 EPA ID:TXD988088282 Banks ID: 81281 Aggreko Rel.Loc.:0.11 miles SW 3732 Magnolia St,Pearland,TX 77584 Elevation:49 feet(+49) Contact:Bruce Pool Status: Inactive TCEQ ID: 036196 Permit Number: Business Type: Unknown Owner Name: Aggreko Inc Owner Phone: 713-485-4471 Company Name: Aggreko Inc Operator Address: 3732 Magnolia St,Pearland,TX 77584 Waste ID TX Waste Code Generators Waste Description 00072608 0501203H Spent solvents for cleaning and degreasing parts on air conditioning units.Dirty parts are cleaned replacing them back on equiptment.Waste generated 1/1/90. 00072611 0523211 H Paint waste thinner-waste generated from paint spraying process on 1/1/90. 00181085 0011211H Cleaning chilling units during maintenance with kerosene 00141933 00011191 25%propylene glycol,Class 1 nonhazardous liquid.Coolant for heat exchangerswhich has freezing point that is too high.Initial generation 2-2-94. 00181086 0013211H Off spec material-thinner 00117920 0638310H Paint waste filters-general paint spray operation.Filters capture over-spray-Initial generation unknown 00141934 0002104H Acid used to clean cooling coils of heat exchangers 11! jiPage 1 of 1 Click Here to Go Back to Summary Section Page 66 I AiBANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DIVISION Of THE nvAS GROUP Map ID#5 Source:TCEQ Register#:23374 EPA ID: NA Banks ID:23374 OM Envfrospec of Texas Recycler Rel.Loc.:0.12 miles N 3304 Old Alvin Rd.Pearland,TX 77581 Elevation:47 feet(+47) Contact:Environmental Manager on Status: Inactive TCEQ ID: 007488 Permit Number: Business Type: Unknown Owner Name: Envlrospec of Texas Owner Phone: 713-331-9946 Company Name: Operator Address: muo I I I I I I I Page 1 of 1 Click Here to Go Back to Summary Section Page 67 I fo BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA Replacement A DIVISION Of lIA C1l%S Group Map ID#7 Source:TCEQ Register#: 73675 EPA ID:TXD083582940 Banks ID: 73675 Baker Atlas Rel.Loc.:0.2 miles N 3401 S Main St,Peadand,TX 77581 Elevation:47 feet(+47) jil Contact:Louis Galindo Status: Inactive TCEQ ID: 028087 II Permit Number: Business Type: Unknown Owner Name: Baker Hughes Incorporated Owner Phone: 713-485-8311 11 Company Name: Baker Hughes Incorporated Operator Address: 3401 S Main St,Peadand,TX 77581 j Waste ID TX Waste Code Generators Waste Description 1 I 00122429 9404203H Degreasing operations-solvent rats:cleaning/degreasing of Hots and equipment. 00203392 9407219H Aerosols generated from discarding used aerosols 00122430 94039012 Plant refuse,general,misc. 1 00202882 9405409H Primer cord.Generated from perforating oliwells.10/9/2003 11 00122428 94022061 Used crankcase oil. 00122427 94015191 Grit trap waste/washwater from washing tools and equipment(81%soli,17%water,2%oil&metals) 00202883 9406409H Perforating charges,generated from perforating oilwells.10/9/2003 00213744 9501319H Expired and out dated explosives.10/01/2005 11 il 11 ill 111 11 L Page 1 of 1 Click Here to Go Back to Summary Section Page 68 P. NMI BANKS Mapped Sites Details Texas 35 at Magnolia Street Water Line frp-4 ENVIRONMENTAL DATA Replacement A DMSION Or THE lM%S CAM Map ID#9 Source:TCEQ Register#:39849 EPA ID:TXD988050217 Banks ID:39849 ! Weatherford international Oil Field Rental Rel.Loc.:0.22 miles W 3808 Magnolia,Pearland,TX 77581 Elevation:49 feet(+49) Contact:Patrick Ford Status: Inactive TCEQ ID: 016326 Permit Number: Business Type: Unknown Owner Name: Weatherford International Owner Phone: 713-693-4913 an Company Name: Weatherford International Operator Address: 515 Post Oak Blvd Ste 600,Houston,TX 77027 Waste ID TX Waste Code Generators Waste Description 00081394 85053891 Sandblast residue from cleaning inside of pipe s 00081396 85063071 Pipe scale from cleaning oil field equipment 00184960 6001203H Parts wash/spent solvent(mineral spirits,verso!).Oil field related equipment,tools and parts are rinsed in solvent to remove grease and debris during servicing.waste Is mixture of spent solvent with grease and silt de OIL ABSORBENTS,RAGS,AND PADS:USED DURING GENERAL FACILITY CLEAN UP 00184967 60153101 ANDMAINTENANCE ACTIVITIES INVOLVING MINOR RELEASES OF OIL FROM EQUIPMENT REPAIR PROCESSES.NON-HAZARDOUS PETROLEUM CONTAIMINATED SLUDGE FROM SUMP:GENERATED FROM TOOL CLEANING AND 00184968 60196951 DEGREASING.WASTE IS COMPRISED MAINLY OF DEBRIS MIXED WITH OIL AND GREASE, DETERGENTANDPOSSIBLY PAINT RESIDUE. SPRAY COATING:PIPE COATINGS AND DRIPPINGS APPLIED TO OIL FIELD DRILLING PIPE INORDER 00184969 60234891 TO INHIBIT CORROSION.DRIED DRIPPINGS FROM THE COATED PIPES ARE COLLECTED IN CONTAINERS FOR DISPOSAL 00184970 6029209H WASTE PAINT AEROSOL CANS:WASTE CONSISTS OF SPENT METAL AEROSOL PAINT CANS POSSIBLY CONTAINING RESIDUAL PAINT ANDPROPELLANT. SABBLASTING WASTE:OILFIELD EQUIPMENT IS SAND BLASTED PRIOR TO PAINTING. 00184972 60443892 SANDBLASTING WASTE CONSISTS OF SPENT SAND AND RESIDUE OF PAINT,OIL,DIRT OR OTHER MATERIALS REMOVED FROM THE EQUIPMENT THROUGH THE SANDBLASTING PROC go PETROLEUM CONTAMINATED SOLIDS-WASTE IS COMPRISED OF SAND,SILT,GRIT, 00184973 60264891 RESIDUALHYDRAULIC OIL,GREASE AND PAINT CHIPS WASTE IS GENERATED DURING THE CLEANING OFOILFIELD TOOLS AND EQUIPMENT. 00227822 60464892 TxDOT recycle notification submitted 7/14/08 00043465 8502519H Sump sludge from oll/water seperator.@30-60%water,@40-75%sand/soil,@0-10%oil 00081399 85071091 Spent caustic from stripping paint from oil field equipment SUMP WASTE(OILM/ATER EMULSION AND MIXTURE:EMULSION CONSITING OF WATER THAT 00184961 60032051 CONTAINS A SMALL PERCENTAGE OFHYDROCARBONS ORIGINATING FROM THE OIL ANDPAINT USEDIN THE FACILITY OPERATING FROM THE OIL AND PAINT USED IN THE FAC 00184982 60072061 OIL WASTE-HYDRAULIC AND LUBRICATING-USED HYDRAULIC ANDLUBRICATING OILS THAT ARE COLLECTED IN DRUMS OR TANKS DURING REPAIR OR MAINTENANCE OF MACHINERY AND VEHICLES PAINT THINNER WASTE-LIQUID-USED TO THIN OIL BASED PAINTS FOR OIL FIELD TOOLS, 00184965 6012211H EQUIPMENT PAINTING.ALSO USED FOR PERIODIC CLEANING OF SPRAY GUNS AND RELATED EQUIPMENT.WASTE IS A MIXTURE OF PAINT THINNERS,PAINT AND WATER. 00197242 10023012 One time shipment-petroleum contaminated solids(soil).Generating process:spill overflow of outdoor surface drain due to flooding at facility from Intense storm. an 00163731 10011131 Metal washClean off metal shavings1.1.97 PAINT WASTE SOLIDS:COMPRISED OF PAINT SOLIDS,DEBRIS,AND FLOOR SWEEPINGS.PAINT 00184964 60114091 WASTE SHOULD CONTAIN NO LEAD.NON-HAZARDOUS,WEATHERFORD FACILITY USES PAINTBOOTHS FOR CONTAINMENT OF PAINT OVER-SPRAY WASTE CONTAINS PAINT PIPE THREAD COMPOUND(PIPE DOPE:WASTE COMPRISED OF OFF-SPEC OR UNUSED • 00184971 60426961 PRODUCTWHICH CONTAINS NO LEAD OR OTHER EP RCRA CHARACTERISTICS OR LISTED HAZARDOUS WASTE.PIPE DOPE IS USED AS A SEALANT AND FORLUBRICATION.THE WASTE 00043464 85015191 Sump sludge from oll/water seperator.@30-60%water,@ 40-75%sand/soil,@0-10%oll 00081388 85033081 RCRA-empty paint cans ti 00081389 85043191 (Dry)used paint filters USED PAINT FILTERS:GENERATED FROM SPRAY PAINT APPLICATION EQUIPMENT USED IN 00184963 60083101 PAINTING OIL FIELD TOOLS AND EQUIPMENT.FILTERS HAVE BEEN DRIED.THERE ARE NO LIQUIDS PRESENT.NON-HAZARDOUS.WATER AND OIL-BASED PAINTS PIPE SCALE,RUST,DRIED OIL,AND DRILLING MUD:WASTE GENERATED BY PIPE RATTLING/SERVI 00184966 60133191 CING-WHICH REMOVES RUST,SCALE,DRIED OIL,AND DRILLING MUD.WASTE ACCUMULATED- IN DRUMS PENDING DISPOSAL.NON-HAZARDOUS 00197243 8508106H Caustic solution used for parts washing(hazardous).Generating process:Parts washing. 00214294 60453011 ONE-TIME SHIPMENT-Excavated soil beneath pipe racks contaminated with pipe coating. • Page 1 of 1 Click Here to Go Back to Summary Section Page 69 r _-$ BANKSTexas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Mapped Sites Details Replacement A DIVISION Of THI BANKS GROUP Map ID#10 Source:TCEQ Register#: 34943 EPA ID:TXD987986171 Banks ID: 34943 Weatherford Pearland Manufacturing Rel.Loc.:0.25 miles SW 3810 Magnolia st,Pearland,TX 77584 Elevation:49 feet(+49) Contact:Larry Moorman Status: Active TCEQ ID: 012360 Permit Number: Business Type: Corporation Owner Name: Weatherford US Inc Owner Phone: Company Name: Weatherford US Inc Operator Address: Pearland,TX 77588 Waste ID TX Waste Code Generators Waste Description 00119812 6002203H Spent immersion cleaner/cold cleaner.Oil field related equipment,tools,partsand pipe are cleaned In Immersion cleaner to remove grease and debris during servicing.Waste Is a mixture of heavy aromatic Naptha, 00119821 60114091 kriPilatele solids from clean up of paint booth overspray,floor scrappings andwood with overspray. Generating process Is from painting oil field tools and equipment.Non-hazardous. 00119822 6012211 H Spent waste paint thinner used in thinning paint,cleaning paint equipment and general maintenance for paint preparation activities of oil field tools and equipment.Contains mineral spiritsNarsolNM&P Naptha.Ignitable. 00119824 6014309H Used lead batteries,or battery parts,casings or cores.Process generating Is'out of service"batteries from facility vehicles and equipment maintenance.To be sent to 1 battery recycler.Hazardous. 00119895 60203071 Scrap metal.Generated during the manufacture and servicing of oil field tools and equipment.Miscellaneous metal pieces and parts which are no longer useable are scrapped and sent to metal recycler.Non-hazardous. 00119929 60219022 Supplemental plant refuse-Primarily solid floor sweepings from plant production operations.Non-hazardous. 00119930 60222191 Oil based machine coolantAvater soluable.Liquid.Spent coolant from machining process of tooling,cutting and grooving.Non-hazardous. 00119933 6025310H Paint waste filters.Solid paint filters containing liquids.Not dry.Used paintfilters from spray paint equipment used in painting equipment.Paint contains toluene and xylene from thinning process,Hazardous. 00137069 60196951 Petroleum contaminated sludge from sump.Tools are steam cleaned&washed to remove lubricant,dirt, paint,scale&corrosion.Liquids are removed&sludge remains. 00137595 60304891 Drilling mud,cement&crude oil solids from cleaning oil field drilling mud circulation pits.Pits are serviced& cleaned at facility between rentals.Wastelncludes mixture of solid residual drilling mud,cement,crude of 00141532 60383192 Furnace Insulation from the facility heat treating furnace used during the manufacture of oil field drilling tools. Nonhazardous.Steel used to manufacture oil field tools is heat treated through a furnace in the initial p 00167480 0501203H Waste Mineral Spirits used in the cleaning of parts for repair of oil field tools. 00119811 6001203H Spent solvents(mineral spirits/varsol).Oil field related equipment,tools,andparts are rinsed in solvent to remove grease and debris during servicing.Wastels mixture of spent petroleum solvent with grease and silt debt 00119817 60072061 Used motor oil and used hydraulic oil from vehicle and equipment maintenance.Tobe sent to oil recycler.Non hazardous. 00119818 60083101 Used paint filters from spray paint applicaiton equipment used in painting oil field tools and equipment.Filters have been dried.There are no liquids present.Non-hazardous. 00119823 60133191 Pipe scale solids,Including rust,drilling mud and dry oil.Generated during the cleaning and reconditioning of oil field drilling pipe.Non-hazardous. 00119891 60163081 Empty metal drums and empty metal containers from products purchased.Rendered empty after use of product Non-hazardous. 00119893 , 60182961 Waste glycol based antifreeze/coolant.Removed from facility vehicles and equipment during service and repair. Non-hazardous. 00127572 60283191 Used tires removed from trucks&equipment.Tires are no longer in service&are sent to tire recycler 00137071 6029209H Waste paint aerosol cans used for painting oil field tools&equipment.Tools&equipment are painted as . needed between use.Waste Includes paint aerosol canswith residual paint 8-propellant. 00163732 6040003H Lab packing profileLab clean out1.1.97 00216391 60439992 Class 2 Plant Refuse consisting of paper,lumber,plastic,paper packing material,plastic packing material, styrofoamglass,and aluminum foil.Waste does not contain metal parts,floor sweep or scrap metal. Class 2 paper,cardboard,linings,wrappings,paper,wood or plastic wrappings,food wastes,glass, 00119815 60059032 aluminum foil,aluminum cans,plastics,styrofoam,food packings,empty shipping cartons,binders.Process generating is fro 00119819 6009209H Paint waste,oil based,liquid containing paint thinner of mineral splritsNarsol.Generating process Is from painting oil field tools and equipment,general maintenance.Ignitable. Oil absorbents,rags and pads from general clean up and maintenance activities.For cleaning minor releases of 00119890 60153101 oil from maintenance and repair of equipment Waste Is generally a mixture of non-biodegradable absorbent granul 00119892 60174061 Empty fiber or plastic containers from products purchased.Rendered empty afteruse of product.Non- — hazardous. 00119894 00196'951 Petroleum contaminated sludge from sump.Tools are steam cleaned and washed to remove lubricant,dirt, paint,scale and corrosion.Liquids are removed and thissludge remains. 00119931 00234891 Pipe coating.Non-hazardous.Pipe coating is applied to oil field drilling pipeto inhibit corrosion,Dried/solidified accumulations of the drippings from the application process are collected for disposal. 00141531 60373071 Metal Grinding Waste from the facility oil field tool manufacturing and machining operation.Nonhazardous. Steel oil field drilling tools manufactured and reconditioned at the facility are precision grinded during the mach 00119813 60032051 Oil-water emulsion and mixture from oil field equipment servicing.Oil field hydraulic equipment,pipe,and tools are cleaned and reconditioned.OH,grease,and wash water collect in sump.Waste Is mixture of oil and woto Page 1 of 2 Click Here to Go Back to Summary Section Page 70 fps BANKS Texas 35 at Magnolia Street Water Line Mapped Sites Details ENVIRONMENTAL DATA Replacement ADNSI nurvawNarnesvxsuos Continued from Previous Page PIO 00119814 60049012 Class 2 paper,lumber,plastic,paper packing material,plastic packing material,styrofoam,glass, aluminum foil.Does not Include metal parts,floorsweepingsor scrap metals.Generating process is general non-hazardous ma 00119816 60063101 Used oil filters from vehicle and equipment maintenance.Non hazardous, 00119820 60102091 Waste paint,water based.Process generating Is from painting parts,tools and equipment-general maintenance.Non-hazardous. ' 00119932 6024209H Paint waste,liquids,containing toluene and/or zylene,Spent paint from painting tools,parts and equipment and general maintenance of oil field related equipment.Hazardous. 00121639 60264891 Petroleum contaminated solids.Non-hazardous.Sand,silt,grit,residual hydraulic oil,grease and paint chips accumulate from cleaning of oil field pipe,parts,and equipment. MIS 00137594 60234891 Pipe coating.Coating is applied to oil field drilling pipe to inhibit corrosion.Dried/solidified accumulations of drippings from application process are collected for disposal 00140964 6031109H Spent caustic solultion used for stripping paint&grease from oil field rentaltools in cleaning process.Waste Includes mixed solution of water,sodium hydroxide,oil,grease&paint. 00141575 60395191 Grinding waste sludge from the facility oil field tool manufacturing and machinging operation,Non-hazardous, Steel oil field drilling tools manufactured andreconditioned at the facility are precision grinded during the ma 00163733 60410031 Lab packing profile non-hazLab clean out1.1.97 00191261 60722971 One Time Shipment.Capacitors removed from light fixtures-PCB containing waste.Generating process: Changed light bulbs. 00200245 60734891 Oil/water waste(petroleum contaminated solids).Waste is generated during routine cleaning of oil field service equipment. 00208711 60423191 Dried residue removed from the caustic vat.The vat is used to remove paint andgrime from equipment End of IHW Sites Section Op I I I I I Page 2 of 2 Click Here to Go Back to Summary Section Page 71 r pvi. BANKS Database Descriptions Texas 35 at Magnolia Street Water Line AENVIRONMENTAL DATA p Replacement A DIVISION Of tilt BAN\YS CROUP Database Source Database Description Update Data Data Data Source Schedule Requested Obtained Updated Updated CER--CERCLIS EPA CERCLIS sites coma from the Comprehensive Quarterly 11/04/2011 11/04/2011 11/05/2011 09/30/2011 Environmental Response,Compensation,and Liability Act,a federal law designed to clean up abandoned hazardous waste sites.These sites are either proposed,listed or under review currently to be a part of the National Priority List, CER NFRAP-- EPA CERCLIS sites designated'No Further Remedial Quarterly 11/04/2011 11/04/2011 11/05/2011 09/30/2011 CERCLIS NFRAP Action Planned'NFRAP have been removed from CERCLIS.NFRAP sites may be sites where,following an Initial Investigation,no contamination was found, contamination was removed quickly without the site being placed on the NPL,or the contamination was not serious enough to require Federal Superfund action or NPL consideration. DNPL--Delisted EPA DNPL is a list of all sites that have been deleted from the Quarterly 11/04/2011 11/04/2011 11/06/2011 09/30/2011 National Priority List EPA NPL list.These sites are taken off the NPL list usually due to no further response or remedial action being required on them.Notices to delete NPL sites are published in the Federal Register and become effective unless the EPA receives significant adverse or critical comments during the 30-day public comment period. DRYC--Dry Cleaners TCEQ Dry Cleaner data houses both the DCRP Program Quarterly 08/12/2011 08/12/2011 08/15/2011 08/15/2011 information and PERC information released by the TCEQ. The DCRP database contains records funded for slate- lead clean up of dry cleaner related contaminated sites. The DCRP administers the Dry Cleaning Facility Release Fund to assist with remediation of contamination caused by dry cleaning solvents.There are two listings from this program:LIST#1-A historic listing of any facility that registered with the DCRP indicating whether or not the facility has used Perchloroethylene(PERC)in the past. LIST#2-A Prioritization list of dry cleaner sites Facilities on this list will be investigated in order to determine the existence and or extent of possible contamination.Facilities which are not current on their DCRP payments get dropped from the program.Banks Environmental Data DOES NOT REMOVE these listings from our database so that we may present a more ... complete historical listing of facilities that may or may not have used PERC In the past. ERNS--ERNS List EPA/National ERNS Is a national database used to store information on Annually 01/13/2011 01/13/2011 01/15/2011 12/31/2010 Response unauthorized releases of oil and hazardous substances Center that have been reported to the National Response Center since 2001.The NRC is the sole federal point of contact for reporting oil and chemical spills.Prior to 2001 this information was maintained by the EPA. FED BWN--Federal EPA A listing of sites that assist the EPA in collecting, Quarterly 08/15/2011 08/15/2011 08/22/2011 08/02/2011 Brownflelds tracking,and updating information of sites In relation to the Small Business Liability Relief and Brownflelds .- Revitalization Act.These sites are real property that is either abandoned or underutilized where redevelopment or expansion Is complicated by real or perceived environmental contamination. FED EC--Federal EPA This Is a listing of Brownfield Management System(BMS) Quarterly 08/15/2011 08/15/2011 08/22/2011 08/02/2011 Engineering Control sites that have had Engineering Controls(ECs)placed on them.ECs are physical methods or modifications put into place on a site to reduce or eliminate the possibility of human exposure to known contamination. ECs are a type of Activity and Use Limitation(AUL) FED IC--Federal EPA This Is a listing of Brownfield Management System(BMS) Quarterly 08/15/2011 08/15/2011 08/22/2011 08/02/2011 Institutional Control sites that have had Institutional Controls(ICs)placed on them.ICs are administrative restrictions,such as legal controls,that help minimize the potential for human exposure to known contamination by ensuring appropriate land or resource use, ICs are meant to supplement Engineering Controls and will rarely be the sole remedy at a site.ICs are a type of Activity and Use Limitation(AUL). IHW--Industrial TCEQ This database contains Information on facilities which Quarterly 10/24/2011 10/24/2011 10/24/2011 09/08/2011 Hazardous Waste store,process,or dispose of hazardous waste as maintained by the Industrial and Hazardous Waste Permits section of the TCEQ. LPST--State/Tribal TCEQ This database contains Information on leaking storage Quarterly 11/04/2011 11/04/2011 11/04/2011 10/07/2011 Leaking Storage Tank tanks,equipment failures,compliance,and releases In the state. LPST--State/Tribal EPA The Tribal LUST database(maintained by EPA Region 6) Quarterly 08/08/2011 08/24/2011 08/24/2011 08/23/2011 Leaking Storage Tank provides information on leaking underground storage tank on tribal lands in Louisiana,Arkansas,Oklahoma, New Mexico and Tribal Nations. NPL--National EPA NPL Is the list of high priority hazardous waste sites In Quarterly 11/04/2011 11/04/2011 11/06/2011 09/30/2011 Page 72 PIM 1-0 Magnolia Street Water Line 35 at KS Database Descriptions TexasReplacement ENVIRONMENTAL DATA Re p A DIVISION Or THE MIS GAWP Database Source Database Description Update Data Data Data SourceSchedule Requested Obtained Updated Updated Priority List the United States eligible for long-term remedial action e• financed under the federal Superfund program and CERCLIS.Also known as Superfund sites,the EPA will only add sites to the NPL list based upon completion of the Hazard Ranking System(HRS)screening,public solicitation of comments about the proposed site,and after all comments have been addressed. PST--State/Tribal TCEQ This database contains information on above and Quarterly 11/03/2011 11/03/2011 11/03/2011 11/02/2011 Storage Tank underground storage tanks,compliance,and releases in the state. PST--State/Tribal EPA The Tribal UST database(maintained by EPA Region 6) Quarterly 08/08/2011 08/24/2011 08/26/2011 08/23/2011 Storage Tank provides underground storage tank information on tribal lands in Louisiana,Arkansas,Oklahoma,New Mexico and Tribal Nations. RCRA--RCRA EPA This database lists all sites that fall under the Resource Quarterly 08/10/2011 08/10/2011 08/11/2011 07/13/2011 Conservation and Recovery Act(RCRA)and are not classifiable as treatment,storage,disposers of hazardous material,hazardous waste generator or subject to corrective action activity. AUB RCRA COR--RCRA EPA These sites are registered hazardous waste generators Quarterly 08/10/2011 08/10/2011 08/11/2011 07/13/2011 CORRACTS or handlers that fall under the Resource Conservation and Recovery Act(RCRA).and subject to corrective action activity. RCRA GEN--RCRA EPA The EPA regulates all Hazardous Waste Generators Quarterly 08/10/2011 08/10/2011 08/11/2011 07/13/2011 Generators subject to the Resource Conservation and Recovery Act RCRA).They are classified by the quantity of hazardous waste generated.A Small Quantity Generator (SQG)generates between 100kg and 1,000 kg of waste per month.A Large Quantity Generator(LQG) generates over 1,000 kg of waste per month.A Conditionally Exempt SQG(CEG)generates less than 100 kg of waste per month. RCRA TSD--RCRA EPA This database lists all treatment,storage and disposal Quarterly 08/10/2011 08/10/2011 08/11/2011 07/13/2011 non-CORRACTS TSD of hazardous material sites that fall under the Resource Conservation and Recovery Act(RCRA).All hazardous waste TSD facilities are required to notify EPA of their existence. ST BWN--State/Trib TCEQ Brownfield sites are former Industrial properties that lie Quarterly 11/01/2011 11/01/2011 11/01/2011 10/31/2011 al Brownfield dormant or underutilized due to liability associated with real or perceived contamination.In Texas,the TCEQ,in close partnership with the EPA and other federal,state, and local redevelopment agencies,and stakeholders,Is facilitating cleanup,transferability,and revitalization of Brownfield's through the development of regulatory,tax, and technical assistance tools, ST BWN--State/Trib RRC The Railroad Commission of Texas'Voluntary Cleanup Quarterly 10/27/2011 10/31/2011 11/01/2011 10/31/2011 al Brownfield Program(RRC-VCP)provides an Incentive to remediate Oil&Gas related pollution by participants as long as they did not cause or contribute to the_ contamination. Applicants to the program receive a release of liability to the state in exchange for a successful cleanup. ST CER--State/Triba NA This database Is not currently available from this state.if NA N/A N/A N/A N/A I Equivalent CERCLIS this state does make this database available in the future, Banks Environmental Data will obtain It for reporting_ purposes, ST EC--State/Tribal TCEQ This database includes Voluntary Cleanup Program( Quarterly 11/01/2011 11/01/2011 11/02/2011 10/31/2011 Engineering Control VCP)or Innocent Operator Program(IOP)sites that have been remedlated and have had Engineering Controls(ECs)placed on them,ECs are physical e• methods or modifications put Into place on a site to reduce or eliminate the possibility of human exposure to known contamination. ST IC--State/Tribal TCEQ This database includes Voluntary Cleanup Program( Quarterly 11/01/2011 11/01/2011 11/02/2011 10/31/2011 Institutional Control VCP)or Innocent Operator Program(IOP)sites that have been remedlated and have had institutional Controls(ICs)placed on them.ICs are administrative restrictions,such as legal controls,that help minimize the potential for human exposure to known contamination by ensuring appropriate land or resource use. ST IC--State/Tribal RRC The Railroad Commission of Texas Voluntary Cleanup Quarterly 10/27/2011 10/31/2011 11/02/2011 10/31/2011 Institutional Control Program provides an Incentive to remediate Oil&Gas related pollution by participants as long as they did not_ cause or contribute to the contamination. ST NPL--StatelTriba TCEQ This database contains sites determined by the TCEQ Quarterly 08/15/2011 08/16/2011 08/18/2011 08/15/2011 I Equivalent NPL that may constitute an Imminent and substantial endangerment to public health and safety or to the environment due to a release or threatened release of hazardous substances into the environment. ins SWLF--State/Tribal TCEQ The SWLF database contains records of municipal solid Quarterly 08/15/2011 08/16/2011 08/31/2011 08/15/2011 Disposal or Landfill waste facilities that may accept various types of municipal solid waste for processing or disposal, depending on the type of facility.A Municipal Solid Waste facility may also accept certain special wastes and non-hazardous industrial solid wastes If approved by the TCEQ executive director. Page 73 BANKSDatabase Descriptions Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DNISION Of lilt BANtS GI'.Ol.r tion Update ul Data Datan Data Source Database Source Database Description Schedule Requested Obtained Updated Updated SWLF--State/Tribal TCEQ This database is a listing of closed and abandoned NA 02/01/2011 02/01/2011 03/06/2011 01/01/1993 Disposal or Landfill municipal solid waste landfills.The sites included are either unauthorized(UNUM_)or permitted(PERMAPP_). VCP--State/Tribal TCEQ This database contains sites from both the Voluntary Quarterly 11/01/2011 11/01/2011 11/02/2011 10/31/2011 Voluntary Cleanup Cleanup Program(VCP)and the Innocent Operator Program(IOP).The VCP records contain information on contaminated sites that private parties have cleaned up through assistance from the State In the form of administrative,technical,and legal incentives.The IOP records are sites that have received certificates from the State acknowledging that their property is contaminated as a result of a release or migration of contaminants from a source or sources not located on the property,and they did not cause or contribute to the source or sources of contamination. VCP--State/Trlbal RRC The Railroad Commission of Texas Voluntary Cleanup Quarterly 10/27/2011 10/31/2011 11/02/2011 10/31/2011 Voluntary Cleanup Program provides an incentive to remedlate Oil&Gas related pollution by participants as long as they did not cause or contribute to the contamination. Page 74 ABANKSDisclaimer Texas 35 at Magnolia Street Water Line ENVIRONMENTAL DATA Replacement A DIVISION Of MC DWG CROUP The Banks Environmental Data Regulatory Database Report©was prepared based upon data obtained from State,Tribal,and Federal sources known to Banks Environmental Data at the time the data was obtained.Great care has been taken by Banks In obtaining the best available data from the best available sources. However,there Is a possibility that there are sources of data applicable or pertaining to this report's target property,and/or surrounding properties,to which Banks does not have access or has not accessed.Furthermore,although Banks Environmental Data performs quality assurance and quality control on all data,Including data it obtains,Banks recognizes that inaccuracies in data from these sources may,and do,exist;accordingly, Inaccurate data may have been used or relied upon In the preparation of this report. Even though Banks Environmental Data performs a thorough and diligent search to locate and fix any inaccuracies in the data relied upon In the preparation of this report and this report,Banks cannot guarantee or warrant the accuracy of the locations,Information,data,or report.The purchaser of this report accepts this report"as Is"and assumes all risk related to any potential Inaccuracy contained In the report or not reported In it,whether due to a reliance by Banks Environmental Data on Inaccurate data,or for any other reason[in ciuding but not limited to the negligence or express negligence of Banks Environmental Data].If this report is being used for the Records Review section of a Phase I Site Assessment according to the ASTM 1527-05,for EPA's All Appropriate Inquiry,or for any other purpose(public or private),all liability and rresponsibility Is assumed by the Environmental Professional or other Individual or entity acquiring the report. • I I I I 1 I I I I 1 1 1 Page 75 I I I I I I I F I APPENDIX C LIST OF HISTORICAL AERIAL PHOTOGRAPHS OEM I I 1 I I Consultants - I I APPENDIX C LIST OF HISTORICAL AERIAL PHOTOGRAPHS REPORT PHASE I ENVIRONMENTAL SITE ASSESSMENT TEXAS SH 35 AT MAGNOLIA STREET WATER LINE REPLACEMENT PEARLAND,TEXAS Historical records reviewed included the aerial photographs as described below. Date Approximate Aerial Photograph of Photograph Number and/or Source Photograph Scale Reference ASCS 1938 1"=1,000' Banks Information ASCS 1944 1"=1,000' Banks Information USGS 1953 1"=1,000' Banks Information WALLACE 1969 1"=1,000' Banks Information ASCS 1975 1"=1,000' Banks Information TX DOT 1989 1"=1,000' Banks Information USGS 1995 1"=1,000' Banks Information USDA 2004 1"=1,000' Banks Information USDA 2010 1"=1,000' Banks Information I ASCS - Agriculture Stabilization and Conservation Service TX DOT - Texas Department of Transportation USGS - United States Geological Survey USDA - United States Department of Agriculture consultants I a. 40010',, ',.-' • fi s _ s.' . . v , '\ . 1 • 4 if s 1t* ep� e� * ... e <, Project Site I I ) .....7.- �d • O y \, s1/4 R Y ... i "F w y r �� BANKS1938 N DATAASCS \\ y ENVIRONMENTALI. 1� —1000 A DIVISION OF THE BANKS GROUP I j „,. ,t.,..:., \\\, .., v. ),..- ._ W e i Lit:,_ ._..,.-., .. I +` a:.;r''. sl fit,I g ,) !. 4. ' . ..L. j �1 1►# � ' • Tj • T1 ,„ 1,., , ' iittie "* ,6.' ,• ice? -R . , r a , r • , \\ << 1 '" Project Site r \ • • 4 ,... . ,. . , . . ... .._ .. . • , _ . ..,..„. ... . . •,.. . ,• • • , , .,,,,, ' , II ' - •� _ $ • , �' J' A r 11 w T1 Y' • I* •-• a4> c w .. . 4 w 1 r _� BANKS1944lio ASCS \‘` E ENVIRONMENTAL III 4 OF TBANSDGROUP A 1"=1 U00' r s w y} • c .. w 1 �� >-`-`-:: .r .ice. . _.3., -.. _ Project Site i IA . ii.- ; ,, , ... r . , , .. , , , ._„ . .... . „... , ;,-, . „ , ., ;. , „ . . ...,, , ', . „. _. . ; .. ,, ^_...psBANI'(S 1953 N FliUSGS \�V E AENVIRONMENTAL DATA 1 '=1000' A DIVISION Ot THE 8AM(S GROUP S PM •i. - - . • •• . , lir , - ..... - - I. . ' - thillb '.' ► I. -;tea.: 4 r` i. h R \ . ,•-A: . t. . . ... 04 . OP hap. 1`+ R-- _ - ,:ctita • d' J Sri�61 1. retiva#lO 1' - 6 4 '" ji .. i; �_ Awl .ta 4. - . . •• r.,.. . , . ............ , .„„ • gat r 1 - 1C j , 11 �«; ti r • ?� \il,o.. _,, Project Site 1 p 1 „.... • / ( .- / r _t _ V •. ' ; • ; 3on BANKS W 1969 AL LAC E \\ � p ENVIRONMENTAL DATA 1"-1000' A DIVISION OF THE BANKS GROUP ti Pp