Loading...
R-2013-012-2013-02-11RESOLUTION NO. R2013-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CLEARING AND GRUBBING SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for clearing and grubbing services associated with the Bailey Road Project, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to W.M. Jones Construction, Inc., in the amount of $154,099.20. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the Bailey Road Project. PASSED, APPROVED and ADOPTED this the 11th day of February, A.D., 2013. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Project Manual for: BAILEY ROAD RIGHT-OF-WAY CLEARING & GRUBBING 1700' West of FM 1128 to Veterans Drive Resolution No. R2013-12 Exhibit "A" Bid No.: 1213-19 December 2012 Prepared By: Engineering and Capital Projects Department 3519 Liberty Drive, Suite 300 Pearland, Texas 77581 Project Manual for: BAILEY ROAD RIGHT-OF-WAY CLEARING & GRUBBING 1700' West of FM 1128 to Veterans Drive C COP Project No. : T08002 Bid No. : 1213- 19 December 2012 Prepared By: Engineering and Capital Projects Department 3519 Liberty Drive, Suite 300 Pearland, Texas 77581 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS NO. OF SECTION TITLE PAGES DIVISION 0—BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 3 00200 Instructions to Bidders 7 00300 Bid Proposal 3 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 31 00800 Special Conditions of Agreement 3, 00811 Wage Scale for Engineering Construction 5 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 6 01380 Construction Photographs 3 01420 Referenced Standards 5 01430 Contractor's Quality Control 2 01440 Inspection Services 1 01450 Testing Laboratory Services 2 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 01600 Material and Equipment 3 01630 Product Options and Substitutions 3 00010- 1 of 3 CITY OF PEARLAND TABLE OF CONTENTS 01720 Field Surveying 2 (.111 \ 01730 Cutting and Patching 3 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 3 02255 Bedding, Backfill, and Embankment Materials 6 02316 Excavation and Backfill for Roadways 4 02317 Excavation and Backfill for Structures 7 02318 Excavation and Backfill for Utilities 12 02330 Embankment 5 02335 Subgrade 7 02370 Geotextile 2 02371 RipRap 4 02415 Augering Pipe or Casing for Sewers 7 02417 Augering Pipe or Casing for Water Lines 6 02430 Tunnel Grout 5 02510 Water Mains 10 02511 Water Meters 2 02512 Polyethylene Wrap 4 02514 Fire Hydrant Assembly 6 02515 Water Tap and Service Line Installation 6 02520 Valve Boxes,Meter Boxes, and Meter Vaults 4 02530 Gravity Sanitary Sewers 20 02531 Sanitary Sewer Service Leads or Reconnections 6 02532 High Density Polyethylene (HDPE)Solid Wall Pipe 4 02533 Sanitary Sewage Force Mains 5 02534 PVC Pipe 6 02540 Tapping Sleeves and Valves 3 02541 Water and Wastewater Line Valves 8 02542 Concrete Manholes and Accessories 10 02582 Thermoplastic Pavement Markings 2 02603 Frames, Grates,Rings, and Covers 3 02624 Structural Plate Culvert Structures 7 02630 Storm Sewers 10 02631 Precast Inlets,Headwalls, and Wingwalls 4 02632 Cast-in-Place Inlets,Headwalls, and Wingwalls 3 02633 Adjusting Manholes,Inlets, and Valve Boxes 3 02634 Ductile Iron Pipe and Fittings 5 02635 Steel Pipe and Fittings 10 02636 Polyurethane Coating on Steel or Ductile Iron Pipe 6 02710 Base Course for Pavement 12 02741 Asphaltic Concrete Pavement 7 00010-2of3 CITY OF PEARLAND TABLE OF CONTENTS 02742 Prime Coat 4 02743 Tack Coat 3 02744 Single Course Surface Treatment 4 02751 Concrete Pavement 15 02762 Temporary and Removable Reflectorized Pavement Marking 4 02770 Curb, Curb & Gutter, and Headers 4 02811 Landscape Irrigation S 02820 Wood Fences and Gates 3 02821 Chain Link Fences and Gates 4 02910 Topsoil 3 02921 Hydromulch Seeding 4 02922 Sodding 4 02931 Landscape and Tree Planting 15 02980 Pavement Repair and Resurfacing 3 02981 Blast Cleaning of Pavement 2 Appendix A-TPDES GENERAL PERMIT TXR150000 Note: All Specifications italicized are referenced and shall be considered part of the Contact Documents and can be found on the City's website in the Engineering Dept. page; http://citvofpearland.org/index.asp?Tvpe®B BASIC&SEC=18OD1D73A-EOEC 4FC2 A93A- 16004CB93E13) END OF SECTION 00010-3 of 3 CITY OF PEARLAND INVITATION TO BID Section 00100—Al 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, January 17 2013. All Bids shall reference the following project information in the e".‘ 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: Bailey Road Right-of-Way Clearing& Grubbing —1700 ft West of FM 1128 to Veterans Dr City of Pearland, Texas COP PN: T08002 BID NO.: 1213-19 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 January 10, 2013. The project will entail the removal of all trees, stumps,brush and debris within the right-of-way. Removal of improvements (i.e. fencing, landscaping, etc) remaining within the right-of-way up to the right-of-way line, to include any associated foundations or underground supports, is also included in the scope to be removed. This contract specifically excludes removal of commercial signs, mailboxes, drainage and concrete pavement within the right of way. All debris is to be hauled away and disposed of properly. Associated traffic control, storm water protection and/or required permits are also included in the scope of work. 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 10-2012 00100 Al - 1 of 3 CITY OF PEARLAND • INVITATION TO BID requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200. Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: 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 (281) 652-1600 Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 Amtek Plan Room (713) 956-0100 4001 Sherwood Houston, TX 77092 The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange (832) 613-0201 7035 W. Tidwell Building J, Suite 112 (.17, Houston,TX 77092 McGrawHill Construction—Dodge Reports 1-800-393-6343 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES. Bidders accept sole responsibility for downloading all .of the required documents, plans, • specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. Bidders submitting bids electronically through the E-bid System shall 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. 10-2012 00100 Al -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 January 2, 2013 Second Publication date January 9, 2013 C. . 10-2012 00100 Al -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 Biddr" 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 bi I" 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. (001`N 1.4 The term "Pro-Trak" means the City's web-based contract administration 71 construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub ¶or 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 me 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.cityofpearland.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 " CC 10-2012 00200-1 of 8 CITY OF PEARLAND • INSTRUCTIONS TO BIDDERS Construction Services, Heavy " cc 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 listed in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub-bidders bidding to a Bidder, register as a Supplier and download the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents including, but not limited to all Addenda issued prior to bid. 3.4 Owner and Engineer, in making copies of Bidding Documents available on the above teens, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 4. Qualifications of Bidders 4.1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2) days of Owner's request any or all of such Qualifications requested: 10-2012 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 f r 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 Bd 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 Hof 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, an 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 federlal, 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 he 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 10-2012 00200-3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Interpretations and Addenda 6.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Bidders in the City's E-bid System. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's E-bid System. 7. Bid Security 7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond("Bid Security"). 7.2 Bidders submitting bids through the E-bid System shall scan and up-load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check ) as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City 10-2012 00200-4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS from the lowest two bidders and delivered to the City's Purchasing Officer within 48 (1.'\ business hours of the Bid Opening. Bid Security shall be delivered to: Office ofj City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement, and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish t e required performance and payment bonds within ten (10) days after the Notice of Awa d, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bd Security. The Bid Security of other Bidders will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Bidders will be returned. 8. Contract Time 8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time'). All references to "time" or"days" shall be interpreted as consecutive calendar days. 9. Liquidated Damages and Early Completion Bonus (a'N. 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 he 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" referen es 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. 10-2012 00200-5 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 11.2 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.3 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 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.org/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, 10-2012 00200-6 of 8 i CITY OF PEARLAND INSTRUCTIONS TO BIDDERS that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 14. Opening of Bid Proposals 14.1 Bid Proposals will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if army) 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 expresly 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 d 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 1 11 informalities not involving price, time or changes in the Work and to negotiate contract terms Cg'`. 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 ith historically underutilized businesses and nonprofit organizations employing persons wlith 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 prescri ed 10-2012 0020 -7 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of ' Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the 1 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 10-2012 00200-8 of 8 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Part A Date: January 17, 2013 Bid of W.M. Jones Construction, Inc. , an individual proprietorship/a corporation organized and existing under the laws of the State of Texas/a partnership consisting of , for the construction of: Bailey Road Right-of-Way Clearing & Grubbing —1700 ft West of FM 1128 to Veterans Dr City of Pearland,Texas COP PN: T08002 BID NO.: 1213-19 (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 (1111°. the work described in or reasonably inferable from the Contract Documents for the construction of the Bailey Road Right-of-Way Clearing & Grubbing with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by the P roject Manager, City of Pearland Engineering and Capital Projects Depaitnient, 3519 Liberty Drive, Pearland, Texas 77581, Cara Davis, for the unit prices or applicable prices set forth in Exhibit "A", the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included and has been uploalded as an attachment within the E-bid system and, that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, 2nd Floor, City Hall, 3519 Liberty Drive, Pearland, Texas 77581. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Pl..' Contract Documents, for performing and completing the said work within the time stated and for the prices stated in Part B of this proposal along with all required insurance in the required amounts. Bidder's Initial's: 10-2012 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 Proceed. It is understood that the Work is to be Substantially Complete within 60 days a 1 er the date of the Notice to Proceed. Time for Substantial Completion shall begin on the date esta lished by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) sp cified in Document 00500 — Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond, 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 te Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: 1 Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or indirectly entered into any agreement, participate. in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Name: By: Title: Address: Phone No: ATTEST: (Seal, if Bidder is a Corporation) (Typed or Printed Name) Signature Date: END OF SECTION Bidder's Initial's: 10-2012 00300-2 of 2 City of Pearland Texas (Projects Department) (am'i Supplier Response Bid Information Contact Information Ship to Information Bid Creator Patty Patke Program Address 3519 Liberty Drive Address 3519 Liberty Drive Specialist Suite 201 Email ppatke@ci.pearland.tx.us Pearland,TX 77581 Pearland,TX 77581 Phone (281)652-1756 Contact Patty Patke Contact Trish Erndt Fax (281)652-1706 Projects Department Department Bid Number 1213-19 Addendum 1 Building City Hall Building City Hall Title Bailey Road Right-of-Way 2nd Floor Clearing &Grubbing Floor/Room Floor/Room Bid Type Invitation to Bid Telephone (281)652-1756 Telephone 281 (652) 1738 Issue Date 01/02/2013 Fax (281)652-1706 Fax Close Date 1/17/2013 2:00:00 PM CST Email Email Need by Date ppatke@ci.pearland.tx.us terndt@ci.pearland.tx.us Supplier Information Company W.M.Jones Construction Inc Address 2108 Kildare Dr Pearland,TX 77581 Contact Department Building Apr,, Floor/Room Telephone 1 (832)632 2937 Fax 1 (832)932 5253 Email bill@wmjonesinc.com Submitted 1/17/2013 1:39:34 PM CST Total $154,099.20 Signature Supplier Notes Bid Notes Clearing and grubbing of Bailey Road right-of-way from approximately 1700 feet west of FM 1128 (Manvel Road)to Veterans Drive as directed per plan. The scope of work shall include removal of all trees, stumps, brush and debris to ground level within the right-of-way. Removal of improvements(i.e.fencing, landscaping, etc)remaining within the right-of-way, up to the right-of-way line, is also included in the scope to be removed. Bid Activities Date Name Description 1/10/2013 2:00:00 PM Mandatory Pre-Bid Meeting 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 January 10,2012. 1213-19 Addendum 1 - Page 1 of 4 Bid Messages 1111111 Please review the following and respond where necessary # Name Note Response 1 Response Attachment Bidder understands and has completed the following:The Submitted Bid Proposal and Bid Security required under the Instructions to Bidders has been uploaded as an attachment within the E-bid system and,a fully executed, signed and sealed hard copy of the Bid Bond will be delivered upon request to the Office of City Purchasing, Finance Department, 2nd Floor,City Hall,3519 Liberty Drive,Pearland,Texas, 77581. 2 Non-collusion Statement Bidder has submitted a completed and signed copy of the Submitted Non-Collusion Statement 3 General Conditions Bidder has read and agrees to the General Conditions set Agrees forth by the City of Pearland. 4 Specification Acknowledgement Bidder has reviewed specifications and agrees that their Agrees bid adheres fully. 5 Local Bidder Bidder claims Pearland local bidder preference,pursuant Local Bidder to provisions of Local Bidder Preference claim form and Texas Local Government Code,Chapter 271.9051 efihN 1213-19 Addendum 1 -Page 2 of 4 Line Items # Qty UOM Description Response 1 1 LS Project Mobilization. The Contractor shall not exceed 3%of total bid, Complete in place 4,000.00 Item Notes: Spec No. 01505 Supplier Notes: 2 1 LS SWPPP Monitoring and Inspections, Complete in Place $2,500.00 Item Notes: Spec No. 15030 Supplier Notes: 3 3 MO Furnish, Install, and Maintain Traffic Control Devices and appurtenances, in accordance $5,000.00 with the Texas Manual on Uniform Traffic Control Devices(Latest Edition), Complete in Place Item Notes: Spec No. 01555 Supplier Notes: 4 16,000 LF Reinforced Filter Fabric Fencing,complete in place-Installation and Removal $1.1812 Item Notes: Spec No. 01561 Supplier Notes: 5 1 LS Site Preparation of Project Area,Complete in Place $59,000.00 Item Notes: Spec No. 02200 Supplier Notes: 6 1 LS Site Demolition of Project Area,Complete in Place $37,000.00 Item Notes: Spec No. 02200 Supplier Notes: 7 10 AC Hydromulch Seeding of Disturbed Areas. Contractor to maintain until a stand of grass is 1,400.00 established, Complete in Place Item Notes: Spec No. 02921 Supplier Notes: 8 1 LS Furnish Performance and Payment Bonds $3,700.00 Item Notes: Spec No. 00610,00611 1213-19 Addendum 1 - Page 3 of 4 Supplier Notes: Response Total: $154,099.20 (1111111‘‘ 1213-19 Addendum 1 -Page 4 of 4 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 (11.'\ STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and W.M. Jones Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally described as follows: Bailey Road Right-of-Way Clearing& Grubbing —1700 ft West of FM 1128 to Veterans Dr City of Pearland, Texas COP PN: T08002 BID NO.: 1213-19 Article 2. ENGINEER 7"\, The Work has been designed by City of Pearland Engineering and Capital Projects Department, 3519 Liberty Drive, Pearland, Texas 77581, Cara Davis, Project Manager 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 seventy-five (75) 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 sufred 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 paragl aph 3.1 10-2012 00500- 1 of 7 /1TTTT/1T, TT A TIT A'ATT CIT A 1CTT A 71TA rgnitir CAL, A ci.n 1G'1\)rTi rum 1 CITY OF PEARLAND STANDARD FORM OF AGREEMENT for Substantial Completion until the Work is substantially complete. After (11°' Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Su stantial 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 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds 154,099.20 (the "Contract Price"). The Contract Price includes the Base Bid as shown in Document 0030 — Bid Proposal. (4111'\ Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Sec 'on 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 Pa ent 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 10-2012 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 I my to the conditions stated under"Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR m es the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract rib\ Documents, Work, site, locality, and all local conditions and Laws and Re lations 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 10-2012 005 0-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT said underground facilities. No additional examinations, investiations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brough to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement(Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachmen 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, inclusive with attachments with each sheet bearing the following general title: Bailey Road Right-of-Way Clearing & Grubbing 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. 10-2012 00500-4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Ch.\ Contract Documents may only be amended,modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicate in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materils and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is fund 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 10-2012 005 0-5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included,solely for the convenience of re Terence 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 l in any instance to insist upon observance or performance by CONTRACTOR shall;not be deemed a waiver by CONTRACTOR of any such observance or performane. 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 fiends, receiving payment for services not performed or for hours not worked,mishandling or untruthful reporting of money transactions, destruction of assets, embezzlment, accepting materials of value from vendors, or consultants, and/or collecting (11111" reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. (1111 `. 10-2012 00500-6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: i e,.b. 11 , 13. OWNER: CO TRACTOR: CITY OF PEA a I . .VUI . )DAcS Cor 54-rac `dam By: By: FYI I l J dv,�S .- Title: eil/ �t/__4 Title: �s i � - Date: ll ��A�� „ Date: NI i1 )1 3 - (Corporae Seal) ATTEST ATTEST �.. Address for giving notices ., -doh °if - _ Le clad, C, 7-7r. 71.3-73 Phone: '3 a- l 3 a- 13 7 Fax: 53a1- 613a- saS•3 Agent for service of process: Oft ichn-es 1-(00 ebbs. r2I. SUSle, Io j Le,04t e,C'4-- '• T 7 5-73 END OF SECTION 10-2012 00500-7 of 7 ('1"1'Y OF PEA/?LAND PERFORMANCE BOND Section 00610 \ J: Bond#5154499 PERFORMANCE BOND STATE OF TEXAS COUNTY OF BRAZORIA § KNOW ALL MEN BY TI-IESE PRESENTS: That W.M. Jones Construction. Inc. of the City of League City , County of' Galveston , and State of Texas. as principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, arc held and firmly bound unto City of Pearland as Oliligee (Owner), in the penal sum of S 154,099.20 for the payment whereof. the said Principal and Surety bind themselves, and their heirs, administrators, executors, successor , and assigns, jointly and severally, by these presents: WI-IEREAS, the Principal has entered into a certain written contract with the Owner, eff'ect've as of the 11th day of February , 2013 . (the "Contract") to commence and complete the construction of certain improvements described as follows: Bailey Road ROW Clearing & Grubbing —1700 ft W of FM 1128 to Veterans Dr City. of Pearland, Texas COP PN: T08002 BID NO.: 1213-19 which Contract. including the Contract Documents as defined therein, is hereby referred io and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, T1iE .CONDTTION OF -TI-US OBLIGATION IS S1J('If, that if th• said Principal shall faithfully peril-win said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions. and agreements in and bt 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 he void: otherwise to remain in lull fierce and effect: PROVIDED. IIOWEVER, 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 he determined in k", 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 .in 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. 1'''_007 006 I o - I of 2 CITY OF PEARI.9,+VI) PERFORMANCE BOND IN WITNESS WHEREOF. the said Principal and Surety have signed and sealed this instrument this 21st day of February Principal: Surety: W. M. Jones Construction, Inc. SureTec Insurance Company By: /S.0 - ✓oar By: ' /")". . - _/— Title: ` re_Sr 11"— Title: Kelly J. Brooks,Attorney-in Fact Address: Address: - • 400 Hobbs Rd Suite 104 1330 Post Oak Blvd., Suite 1100 League City Texas 77573 Houston, TX 77056 Telephone: (832)632-2937 Telephone: (713) 812-0800 Fax: (832) 932-5253 Fax: (713) 812-0406 NOTICE: THE ADDRESS OF TIIE SURETY COMPANY TO WHICH ANY NOTICE OP CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. INI) OF SECTION t_ 2no 0061tf -2 or POA€l: 4221062- • - SureTec Insurance Company LIMITED POWER OF ATTORNEY- - Know All Men by These Presents, That SURETEC INSURANCE_COMPANY (the "Company"),-a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Housto_n,,Harris County,-Texas,_does by these presents - make,.constitute and appoint C.A.McClure,Kelly J.Brooks,Kenneth L.Meyer - its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge -- and deliver any and all bonds, recognizances, undertakings or other instruments or_contracts-of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) _ _- _ and to bind the Company thereby as fully and to the same extent as if such bond were_signed by the President;sealed with the corporate seal of the Company and duly-attested by its Secretary,hereby ratifying and confirming:all that_the said-Attorney-in-Fact may do in the premises. Said appointment shall continue in force_until: 12/31/2013_. - and is madeunder and by authority of the following • resolutions of the Board of Directors of the SureTec Insurance Company: - -- - - : _ - Be it Resolved, that the President,any Vice=President,any Assistant Vice-President,any Secretary or any-:Assistant-Secretary shall be and is - hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on _ behalf of the Company subject to the following provisions: = - _.- Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of.the Company,to execute, acknowledge and - deliver,any and all bonds;recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder; and any,such instruments so executed-by any such _ _ ---Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary: Be it Resolved that the signature of any authorized officer and seal_of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached (Adopted at a.meeting held on 20`h of-April, _rik‘ _ / 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate:seal to be hereto affixed this 3rd day of September,A.D.2010. •�, SURETEC INS . ► E C► 'ANY _ SVRAN0F� Fcr.`,-I .off, - By, �.— w 1 w ` j D - - John Jr.; 'resident co '-z1 _ State of Texas ss: cal Awl.1 y.r.4 County of Harris On this day of September,A.D.2010 before me personally came John Knox Jr.;to me known,who;:being_by me-duly sworn,did depose and say,that _he resides in Houston,Texas,that:-he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above __ - ' instrument;that he knows the seal`of said Company;that the seal affixed to said instrument is such corporate seal that it was so affixed by order of the : Board of Directors of said Company;.and that he signed his mine thereto by like order.- - - .- ,0?Cie.� JACQUELYN MALDONADO 4. Notary.Public.State of Texas = - My Commission Expires facq ely aldo ado,Notary Public r. .' - _ _ - ,46; ,,s May 18,2013 ' - _ _ VI),comm ston_ex 51\40__18,2013'-= I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing-is-a true and correct-copy =_ :_ of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore the resolutions of the Board of Directors,set - out in the Power of Attorney are in full force and effect. 21 st February13, A D Given.under my hand and the seal of said Company at Houston, Texas this day of ` , ~ f _1 J M.BrentBeaty Assistant - - Any instrument issued in excess of the penalty stated above Is totally voind without any validity. -- - For verification`of the authority of this power you may call(713)812-0800,ahv business day between 8 00 am and 5:00 pm_CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002(the"Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for"acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent(90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terroris p Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. r Rev.07.15.04 CITY OEPE.•IRL.-1Ni) PAYMENT BOND Section 00611 (1117: Bond#5154499 PAYMENT BOND STATE OF TEXAS COUNTY OF BRAZORIA KNOW ALL MEN BY 'l'l IESE PRESENTS: That W.M. Jones Construction. Inc. of the City of League City -_ , County of Galveston , and State of Texas. as principal,, and SureTec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, arc held and firmly hound unto City of Pearland as Obligee (Owner), in the penal sum of S • I 54.099 20 tier the payment whereof', the said Principal and Surely 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 11th _ day of February , 20 13 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Bailey Road ROW Clearing & Grubbing -170(1 ft W of FM 1 128 to Veterans Dr City of Pearland,Texas COP PN: T08002 BID NO.: 1213-19 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 i I'copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION iS SUCH. that ii' the said Principal shall pay all claimants supplying labor or material to him or a subcontractor ii the prosecution of the Work provided for in said Contract, then, this obligation shall he 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 determiined 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 in this bond, anti 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 he performed thereunder. {17:�{ioh no61 II - 1 42 ('ITY OF PEA RL:-1N[) PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of February 2 13. Principal: Surety: • _ I W. M. Jones Construction, Inc. SureTec Insurance Company By: -- rL6-, /64,-J By: Title: Pytitli r Title: Kelly J. Brooks,Attorney-in:Fact Address: Address: 400 Hobbs Rd Suite 104 1330 Post Oak Blvd., Suite 1100 League City Texas 77573 Houston, TX 77056 Telephone: (832) 632-2937 Telephone: (713) 812-0800 - Fax: (832) 932-5253 Fax: (713) 812-0406 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTE( E 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 u7 2oti6 uu61 1 - 2 c.f 2 POA#:-4221062 SureTec Insurance Company 2 LIMITED POWER OF ATTORNEY Know All Men by These Presents,--That SURETEC INSURANCE COMPANY (the "Company"); a corporation duly organized and - -- existing under the laws of the,State;;of Texas, and having its principal office in Houston,.Harris:County Texas does by these.presents make,constitute and appoint _ ,- _ _ .- C.A.McClure,Kelly J.Brooks,.Kenneth L Meyer _ - • -its true and-lawful Attorney-in-fact,with full power and authority hereby conferred in_itsname,place and stead,to execute,acknowledge _ -and deliver any and all bonds;recognizances, undertakings or other instruments -or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: -- - - - _ Five Million and 00/100 Dollars($5,000,000:00) :- and to bind-the Company thereby as-fully- and to the same extent as if such bond were signed by the_President'sealed with the corporate _seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that=the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force_until. 12/31/2013 and is made under and by authority of the fallowing resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President any Vice-President,any Assistant Vice-President,any-.Secretary or any Assistant-Secretary shall be and is - hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s).in-Factto represent,ai d act for and on behalf of the Company subject to the following provisions: _ -_ _ _ _ Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of-the Company;to execute,-acknowledge=and deliver,any and all bonds,recognizances;contracts,agreements or indemnity and other conditional or-obligatory undertakings and:any and all - notices and documents canceling or terminating_the Company's liability thereunder; and any_such instruments.so:executed by any-such-- - Attorney-in-Factshall be binding upon the Company as if signed by the-President arid sealed and effected by the Corporate Secretary. ' - _Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to=any-power of attorney or - any certificate"relating thereto by facsimile,and any power of attorney`or-certificate bearing facsimile signature-or facsimile seal shall be:valid ("� and binding upon the Company with respect to any bond or undertaking towhich it is attached (Adopted at meeting held on 20t of April, \ 1999.) -- - - - - In Witness=W hereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate_seal- . to be hereto affixed this 3rd day of September,A.D.2010. - �W"• UR-► -EC!! 'ANY vAANa ' a SURETEC INS w;>L`�II ONT i a= John Jr., 'resident -.:State of Texas ss: 7i+:,t ,i /a, _ --- County-of Harris „� On this 3rd day of September,A.D.2010_before me personally came John Knox Jr.;to me known,who,being by me duly sworn;did depose and say,that he resides in Houston, Texas,that he-is President of SURETEC INSURANCE COMPANY;the company described-in_and which executed the above instruinent;:that he knows the seal of said Company;that the seal affixed to said_instrument is such corporate seal that it_wasso affixed by orderof the Board of Directors of said Company;and that he signed his name thereto by like-order._ _ , - _ * ?4,. JACQUELYN MALDONADO J •;' NotaryPublic,State of Texas acq ely aldo ado Notary Public = • ;.,1 My Commission Expires _ - _ - - =% .;� p Comm Sion°ex ' es May 18,2013 _ , '%,y',,6i�;. May 18,2013 y - - t - - - - - I,M.Brent Beaty,Assistant Secretary-of SURETEC INSURANCE COMPANY, true`and°correct copy of a Power of Attorney,executed by said Company,which is still in full force and_effect,and.furthermore the-resolutions of the:Board of Directors,-set- _- out in the Power of Attorney are in full-force and effect. - _ Given under my hand and the seal of said" Company at Houston,Texas-,this- 21 st _day of February. .:_ - 13 ,A.D. - — M.Brent Beaty,Assistant Secretary Any instrument Issued in excess of the penalty stated above Is totally void and without any validity - For verification of the authority-of this power you may call(713)8`i?,0800-ai y business-day-between 8:00 am and 5:00 pm CST. - SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the"Act"), this disclosure notice is provided for surety `' bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for"acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent(90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorisrin Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their relaijed products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Rev.07.15.04 (TIT OFPE iRLAND ONE-YEAR MAINTENANCE BOND Section 00612 Bond#5154499 ONE-YEAR MAINTENANCE BONI) STATE OF TEXAS COUNTY OF BRAZORIA a KNOW ALL MEN BY THESE SE PRESENTS: That W.M. Jones Constriction, Inc. of the City of League City , County of Galveston , and State of Texas. as principal, and SureTec Insurance Company authorized under the laws of the Stale 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 S 154,099.20 for the payment whereof, thel said Principal and Surety bind themselves, and their heirs, administrators, executors, successor;sl 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 11th_ day of February . 20 13 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Bailey Road ROW Clearing & Grubbing --1700 ft W of FM 1128 to Veterans Dr City of Pearland,'Texas COP PN: T08002 BID NO.: 1213-19 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 TIIIS OBLIGATION IS SUCH, that if the said Principal shall faithfully con-ect 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 he void; otherwise to remain in hull tierce 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 wet'e copied atlength 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 perli rmed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation m 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. f){lhl_2 - 1 01'2 ir7.2Ut)h C77YOI•'PE!Rl..-!ND ONE-YEAR MAINTENANCE BOND (17 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of February 2O 13, Principal: Surety: W. M. Jones Construction, Inc. SureTec Insurance Company By: _____;(/( ,dc c, t.s By: = _ Title: Title: Kelly J. Brooks, Attorney in:Fart - `d Address: Address: - 400 Hobbs Rd Suite 104 1330 Post Oak Blvd., Suite 1100 League City Texas 77573 Houston, TX 77056 Telephone: (832)632-2937 Telephone: (713) 812-0800 Fax: (832) 932-5253 Fax: (713) 812-0406 NOTICE: TIIE 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. ENL) OF SECTION 07 2oot, 1)(U t2- 2 of 2 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the"Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company("Issuing Sureties"). The premium attributable to any bond coverage for"acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent(90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. `, Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Rev.07.15.04 A /�l�® CERTIFICATE OF LIABILITY I DATE(MMIDDn3 I�ISIJRA(VCE 3/.12/201 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 ' ' 1117BELOW. 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 pollcyfos)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.,A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT PINNACLE RISK MGMT COMPANY NAME. Sandy Paz PNONE FAY 302 Noble Street c Na EMI) (281) 651-9400 I rA,c.Ndy281-651-9424 -a DREss:mark@walton mark • @waltongroupins.com TX 77373 g pins.com INSURERIS)AFFORDING COVERAGE .` NSA. INSURED INSURERA:Exss s, -Insurance COmpnay I WM JONES CONSTRUCTION INC INSURER 9:'Underwritiers at Lloyds 400 HOBBS STE 104 INSURERC: Texas Mutual/Budget LEAGUE :CITY , TX• 77573 INSURER TOWER NATIONAL. - (832) 632-2937 INSURERE: COVERAGES INSURER F CERTIFICATE NUMBER: 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 DO_CUMENT 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 AUGL SUER LtR I TYPE OF INSURANCE I INSR I WVO I POLCY NUMBER (M?'OJODYIY YY) (MMiDDC/YEEXP I - ' GENERAL LIABILITYEACH- - - LIMITS. X I COMMERCIAL GENERAL LIABILITY PREMISESURRENCE -{Ea occurrence) $ lOII O,OOO_ MED.EXP(Any one person)• ' $ !.5,O OO 8 ARTGC38466 10/1/2012 10/1/2013 PERSONALS ADVINJURY, S• 2,000',000 GENERAL AGGREGATE $• 2 400,000 : G—EN�'L AGGREGATE LIMIT APPLIES RER: X(POLICY pi!c -I-I LOG PRODUCTS-COMP/OPAGG $ 2,OOO.OOO AUTOMOBILELIABILRY $ -- COMBINED SINGLE LIMIi - _ ANYAUi O (Ea accident)- _ S - (111111NI, ALL OWNED --SCHEDULED BODILYINJURY(Perperson/ - $ - AUTOS• - AUTOS BODILY INJURY PerScctidenf S i NON-OWNED ( - ) -'HIRED AUTOS - -- AUTOS PROPERTY DAMAGE �- I (Per accident) S X UMBRELLA'iWB I OCCUR S EXCESS- EACH OCCURRENCE . . S 5,OO(,000. D. L _ I CLAIMS-MADE NUGDN02046-12 6/5/2012. 6/5/2013 - - --_ AGGREGATE .S S,•000.4 000 I DED RETENTION$ WORKERS COMPENSATION - $ 'AND EMPLOYERS'LIAEIUTY.. ,Y;N -.XI ORYLIA7RS-I (DER _I • ANC' FRCPRLETO+iR0.grnEFXECU NE ^ 0001246616 1/10/2013•1/10/2014• - 'C ,OFFICER EMBER EXCLUDED? l ' N/A 'El::EACH ACCIDENT• :5. .ZOO,OOO(FRCEory in NH) - It yes,dasaibe under EL`DISEASE=EA'EMPLOYE?•$ _ 0,0 i 0.0 0 OESCRIPTIONCF'OPERATlONS6e!aw. - 'EEL DISEASE-POLICYLIMIT -S 5U0/O00 - •'DESCRIPTIONOF OPERATIONS/LOCATIONS/VEHICLES(Attacn ACORD 101.Acddional Remancs Satedu:e;it more space is'recuired) -- - • CERTIFICATE HOLDER - - . CANCELLATION I - The •.City of• 'Pearland Engineering and Captial Pro ects SHOULD ANY,OF THE ABOVE DESCRIBED POLICIES BE CANCELLED•BEFORE. P � - THE ;EXPIRATION.'DATE. :THEREOF,-NOTICE. 'WILL__' BE 'DELIVERED 7N • Department ACCORDANCE WITH-THE POLICY ISIO PROVNS.. 3519 Liberty Dr Suite 30A rt �, Pearland, TX 77581, AUTHORI4D..REPRESENTATIVE _,, , / C f '©1988 2 OACORD PORATION,AIL rights reserved: ACORD25(2010/05)- The'ACORD name and Togo are registered marks of ACORD CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of$ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above 1111.6\ sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. Signature Printed Name&Title Company Name State of County of Subscribed and sworn to,before me, this day of , 20 My Commission Expires: Notary Public r 5-12-12 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required,in connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of he documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement (126.`. 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; (j117 (8) Bid Proposal; and 10-2012 00700- 1 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any,attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract,unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known n business address or registered office of such individual,partnership,joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-2012 00700-2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost for Construction Management and Inspection Services for work on non-work days. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms "Substantially Completed", or "Substantially Complete" or"Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the indivi4xal 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 Paiftial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribiied" 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 (silh\ shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 10-2012 00700-3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature,be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i)to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for fmal payment as evidenced by ENGINEER's written recommendation of fmal payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements. 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall '`"\ take field measurements of existing conditions related to the Work. Any errors, omissions or J 10-2012 00700-4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (11.1.\ inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations,thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS. All plans, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may i ee fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 10-2012 00700-5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so J as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four(4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non-conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non-conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to fmal acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER,provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 10-2012 00700-6 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.04 INSPECTION BY ENGINEER. The ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on-site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other.Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all casies, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between he 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 oft 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 he 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. 10-2012 00700-7 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be n considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-2012 00700-8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 —Wage Scale for Engineering Construction, or Document 00813 —Wage Scale for Building Construction, or both, as set out in the Project Manual. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate C\ 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 he OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. 11 bonds shall be issued by Texas Department of Insurance approved surety companies. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, main ain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as. specified in Attachment No. 1 hereto with regard to.Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. Iii , 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. 10-2012 00700-9 6f 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies,machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 00700- 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (11w, such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION.Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature-constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom-clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash,waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules 10-2012 00700- 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT required for the work of the various trades. Contractor will check and approve shop drawings for n compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all submittals, review comments, notes, corrections, schedules and updates, testing results, payment applications, instructions and other communications by means of the OWNER'S Pro-Trak. The OWNER,ENGINEER and CONTRACTOR shall each retain such hard copies form this system as are required for their specific record keeping requirements. No documents shall be removed from this system or destroyed except those being replaced by the systems protocols as a latest version document. All requirements for written communications, submittals, comments, instructions or other documents processed by means of this system shall have the same legal or time sensitive status as if they had been hand delivered in hard copy to their intended addressee. 4.18 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Contract Documents, provided, however, should the CONTRACTOR object to any orders by any 10-2012 00700- 12 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and sliall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may ruh\ 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 requiremTts of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that 1. it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 10-2012 00700- 13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods incident to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and persons entering the project site, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences,traffic control,warning signs and other safety devices. 10-2012 00700- 14 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CI116\ No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities shall be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR;or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight(8)hour . The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way ($111'6\ encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES [TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST FOR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably 10-2012 00700- 15 I f 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise,between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS,ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION; BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING fl FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-2012 00700- 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (1111111'\ OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY,JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE • CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER. (11116‘\ Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER,his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 10-2012 00700- 17 6f 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re-execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re-execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non-conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non-conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract,unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the 10-2012 00700- 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weathe 1 or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. (111111'\ 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER's representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further 10-2012 00700- 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agrees that a failure to complete on time will cause damage to the OWNER and that such damages J cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event-giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum,the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault,breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 10-2012 00700-20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT to fault of OWNER. An extension of Contract time shall be CONTRACTOR's sole and exclusive remedy for any such delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall,be deemed to be delays within the control of the CONTRACTOR. 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shallIbe considered that the CONTRACTOR fully understands the Work to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in accordance with the Contract Documents. It is further understood that any request for clarification must be submitted no later than five(5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measuremepts of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered,unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Contract (11111k\ Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against /the OWNER for loss, cost, expense, damages,unit price adjustment, quantity differences,unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal, and Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, OWNER and CONTRACTOR agree that the Contract is a unit cost agreement, unless stated otherwise, and that the final Contract amount is equal to the unit cost multiplied by the number of units authorized, installed and approved by the Owner. The OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for 10-2012 00700-21 if 36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL'PAYMENTS. When the Contract Price is a lump sum amount,prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's n Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendations and as approved by the OWNER or ENGINEER at the Work site only.No payment will be made for materials stored until OWNER has approved in writing storage at the Work site. The ENGINEER shall then review such statement of unit quantities and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. All payment applications made by CONTRACTOR and delivered to ENGINEER and all verifications and certification of such applications shall be made and transmitted within the Pro- ^� Trak system and signed with the appropriate electronic signatures as provided for in the software. 10-2012 00700-22 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Such applications for payment shall not be considered complete unless accompanied by the CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed by an authorized representative of the CONTRACTOR and reflecting the correct corresponding amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no negllect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under"6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above-stated percentages. 6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof; is "Substantially Complete". Such notification shall include a list of all outstanding or incomplete (al.\ items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER,and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine 10-2012 00700-23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed list of unfinished, incomplete, defective and/or non-conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending fmal payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to fmal payment; (e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; 10-2012 00700-24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Clib\ (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections/approvals/acceptances by city, county, state governmental entities or other authorities having jurisdiction; (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors,vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor,vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment,tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within ten(10) business days after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove,replace and remedy such work at CONTRACTOR's expense. 10-2012 00700-25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship; to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies,which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non-conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; ^� (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (f) Reasonable indication that the Work will not be completed within the Contract Time; (g) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction, the withheld payment shall be made promptly. If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR.and deduct such cost 10-2012 00700-26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 6.13 DELAYED PAYMENTS.. Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 DIFFERING SITE CONDITIONS. During the progress of the work, if subsurface, latent physical conditions or unknown physical conditions of an unusual nature are encountered at the site that differ materially from those indicated in the contract or from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract,the CONTRACTOR shall notify.the OWNER's Representative in writing within three (3) calendar days of the specific differing conditions before the site is disturbed and before the affected work is(011`\ (a)Upon written notification, the ENGINEER will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits,will be made and the contract modified in writing accordingly. The ENGINEER will notify the CONTRACTOR in writing of the determination whether or not an adjustment of the contract is warranted. (b)No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c)No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven(7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension,the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven(7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a)Upon receipt,the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather, the ENGINEER will make 10-2012 00700-27 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT an adjustment(excluding profit) and modify the contract in writing accordingly. The CONTRACTOR will be notified of the ENGINEER's determination, in writing,whether or not an adjustment of the contract is warranted. (b)No contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. (c)No contract adjustment will be allowed under this clause to the extent that performance would have been suspended by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 7.03 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time,which may result from the change. 7.04 In accordance with paragraph 1.07 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall,upon receipt of written notice by the CONTRACTOR of the need to conduct work on otherwise non-Work Days,prepare a cost estimate for providing Construction Management and Inspection services during the requested period and submit this to both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall prepare a Deductive Change Order in the amount stated in the estimate for the signature of the CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non-Work Day. 7.05 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7.06 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change Directive, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method(A) --By Contract unit prices applicable to the work, if any; or 10-2012 00700-28 of 36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT (11/11.6\, Method(B) --By agreed unit prices or agreed stipulated lump sum price; or Method(C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost".of the work plus: a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten(10%) for the subcontractor plus five (5%) for the General Contractor or b) For the General Contractor alone, self-performing the extra work,without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defmed as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workrs' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents,plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The mark-up of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defmed, 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 oil 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 (0",, instructions, otherwise the orders or instructions will be considered minor changes. The issuance of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or 10-2012 00700-29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 fmal and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty(60) days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty(30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and fmal bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER 10-2012 00700-30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 l of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or (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 10-2012 00700-31 f 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in 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 '-"e` 10-2012 00700-32 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 debto ll 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 Nith 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 receivrs, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's 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 °11.6\ 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 10-2012 00700-33 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 slim paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may n remove therefrom all machinery, tools and equipment, and all materials on the site of the Work 10-2012 00700-34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise ;the mediation shall be conducted by a_ third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, 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 (100`,1 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 10-2012 00700-35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by n OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 10-2012 00700-36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day 1.07-1 Rain Day 1.07-2 Impact Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 1.12 Contract Time 1.13 Construction Inspector 1.14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4 2.01 No Warranty of Design 2.02 Right of Entry 2.03 Ownership of Plans 10-2012 00700-i CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3.01 Owner-Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor,Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700-ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.16 Layout of Work 4.17 Shop Drawings 4.18 Engineer-Contractor Relationship; Observations 4.19 Observation and Testing 4.20 Defects and Their Remedies 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers,Materialmen, and Furnishers of Equipment, Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 18 5.01 Time and Order of Completion 5.02 Extension of Time 5.03 Hindrances and Delays 5.04 Suspension of Work 5.05 Liquidated Damages for Delay 5.06 Change of Contract Time 5.07 Delays Beyond Owner's and Contractor's Control 6.0 MEASUREMENT AND PAYMENT 21 6.01 Discrepancies and Omissions , 6.02 Quantities and Measurements 10-2012 00700-iii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.03 Estimated Quantities 6.04 Price of Work 6.05 Payments 6.06 Partial Payments 6.07 Use of Completed Portions &Punchlist 6.08 Substantial Completion 6.08-1 6.09 Final Payment 6.10 Correction of Work Before Final Payment 6.11 Correction of Work After Final Payment 6.12 Payments Withheld 6.13 Delayed Payments 7.0 EXTRA WORK AND CLAIMS 27 1 7.01 Differing Site Conditions 7.02 Change Orders 7.03 Change Orders 7.04 Request for Work Approval for Work on Non-Work Days 7.05 Minor Changes 7.06 Extra Work 7.07 Time of Filing Claims 8.0 DEFAULT 30 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance ` 8.04 Cross-Default 10-2012 00700-iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE BI ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl (111'4\ 10-2012 00700-v CITY OFPEARLAND 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 111.11 (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR,prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the (11111 Project: 05/2007 00700-A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR,prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage,prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700-A3 CITY OF 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 Bailey Road Right of Way Clearing Veterans Drive to FM 1128 (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. (111/lb`. 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 OFPEARLAND 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 C116\ 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.] (.1111'\ 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 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT (.111 ' ATTACHMENT NO.3 TO GENERAL CONDITIONS- OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties"means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and(c)others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor"shall include subcontractors of any tier. 1.4 ISO. "ISO"means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect,negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5)business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do,so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700-Cl CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non-renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail,return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self-insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 10-2012 00700-C2 CITY OF 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: - (1111.'\ 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. (11°11\ 10-2012 00700-C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall 7 maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned,hired, and non-owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than$1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop-down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 10-2012 00700-C4 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than$5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for any professional design or engineering drawing required by the work. Such insurance shall indemnify the Owner from claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims-Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than$1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. rh: 10-2012 00700-C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Additional expenses due to delay in $ TBD completion of project(where applicable) ii. Agreed value Included without sublimit iii. Damage arising from error, omission or Included without sublimit deficiency in construction methods, design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit 25% of direct damage loss v. Earthquake (where applicable) $ TBD vi. Earthquake sprinkler leakage(where $ TBD applicable) vii. Expediting expenses $ TBD viii. Flood(where applicable) $ TBD ix. Freezing Included without sublimit x. Mechanical breakdown, including hot& Included without sublimit cold testing(where applicable) xi. Notice of cancellation,non-renewal or Included 10-2012 00700-C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction—60 days prior written notice to each insured xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law Included without sublimit xiv. Pollutant clean-up and removal $ TBD xv. Preservation of property Included without sublimit xvi. Replacement cost Included xvii. Theft Included without sublimit xviii. Waiver of subrogation as required in G, Included below. 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage,Per $5,000 Occurrence, except b. Delayed Opening Waiting Period 5 Days c. Flood,Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, B or V d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached,has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 10-2012 00700-C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of • insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name,which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non-renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 10-2012 00700-C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3.8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability required herein. 6.3.10 Primary and non-contributing status required herein. 6.3.11 Waivers of subrogation required herein. 6.4 Required Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. 6.7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any (111",. subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner. 7. Insurance Requirements of Contractor's Subcontractors 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, tom` it is expressly agreed that the Contractor hereby waives, and shall cause its • 10-2012 00700-C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subcontractors to waive, any claim for damage or loss to said property in favor of 7 the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 10-2012 00700-C10 CITY OFPEARLAND SPECIAL CONDITIONS OF AGREEMENT (1111 ' 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 The CONSTRUCTION MANAGER is: telephone: The CONSTRUCTION INSPECTOR is: telephone: ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.05 Add the following paragraph to Article 4.05: A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal. Attachment No. 3 To General Conditions, Owner's Insurance Requirements of Contractor, Article 4.6 Builder's Risk—Builder's Risk Insurance is Not Required for this project. ARTICLE 5 PROSECUTION AND PROGRESS 5.08 Add Article 5.08: The Contract Time as defined in the bid and other sections of the Contract Documents includes a certain number of rain days. Based on the Alvin Weather Center Records,the average annual rain days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record. The CONTRACTOR is required to keep a record of rain days at the site. The record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal. At the end of the contract,the CONTRACTOR will be credited only for the number of accepted rain days that exceed 40 rain days per year,proportionate to the original Contract Time. 2-24-12 00800- 1 of 3 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the Site Preparation specification, Document 02200. Where a portion of the Site Preparation specification is modified or deleted by these Special Conditions, the unaltered portions of the Site Preparation specification shall remain in effect. 3.0 EXECUTION • 3.01 Add F. F. Walk-in compaction with a bulldozer. Grade to positively drain to the roadside ditch. 3.02 Omit Section 3.02 TOPSOIL STRIPPING AND STOCKPILING in its entirety. The following Special Conditions modify the Hydromulch Seeding specification,Document 02921. Where a portion of the Hydromulch Seeding specification is modified or deleted by these Special Conditions,the unaltered portions of the Hydromulch Seeding specification shall remain in effect. 2.0 PRODUCTS 2.01 A mulch substitution may be submitted for approval by the City. 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. 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. Special Notes: Contractor is to notify the property owner no less than twenty-four (24) hours prior to removing fencing from the ROW. Contractor is required to protect private property including, but not limited to, private driveways, parking areas and structures. Damage to private property will be repaired at the contractor's expense at no cost to the Owner. 2-24-12 00800-2 of 3 CITY OFPEARLAIVD SPECIAL CONDITIONS OF AGREEMENT (11.6\ Commercial signs,mailboxes and pavement used for accessing or parking on private property are specifically excluded from demolition and removal under this contract. Damage to these structures will be repaired at the contractor's expense at no cost to the Owner. END OF SECTION 2-24-12 00800-3 of 3 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 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. 07/2006 00811 - 1 of 5 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION rib'1 General Decision Number: TX120056 01/06/2012 TX56 Superseded General Decision Number: TX20100066 State: Texas Construction Type: Highway Counties: Austin, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San Jacinto and Waller Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges) . Modification Number Publication Date 0 01/06/2012 * SUTX2011-013 08/10/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) $ 12.98 (10101 ELECTRICIAN $ 27.11 FORM BUILDER/FORM SETTER Paving & Curb $ 12.34 Structures $ 12.23 LABORER Asphalt Raker $ 12.36 Flagger $ 10.33 Laborer, Common $ 11.02 Laborer, Utility $ 11.73 Pipelayer $ 12.12 Work Zone Barricade Servicer $ 11.67 PAINTER (Structures) $ 18.62 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 14.06 Asphalt Paving Machine $ 14.32 Broom or Sweeper $ 12.68 Concrete Pavement Finishing Machine $ 13.07 Concrete Paving, Curing, Float, Texturing Machine $ 11.71 Concrete Saw $ 13.99 Crane, Hydraulic 80 Tons or less $ 13.86 Crane, Lattice boom 80 tons or less $ 14.97 Crane, Lattice boom over 80 Tons $ 15.80 Crawler Tractor $ 13.68 07/2006 00811 -2 of 5 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Excavator, 50,000 pounds / or less $ 12.71 Excavator, Over 50, 000 pounds $ 14.53 Foundation Drill, Crawler Mounted $ 17.43 Foundation Drill, Truck Mounted $ 15.89 Front End Loader 3 CY or Less $ 13.32 Front End Loader, Over 3 CY $ 13.17 Loader/Backhoe $ 14.29 Mechanic $ 16.96 Milling Machine $ 13.53 Motor Grader, Fine Grade $ 15.69 Motor Grader, Rough $ 14.23 Off Road Hauler $ 14.60 Pavement Marking Machine $ 11.18 Piledriver $ 14.95 Roller, Asphalt $ 11.95 Roller, Other $ 11.57 Scraper $ 13.47 Spreader Box $ 13.58 Servicer $ 13.97 Steel Worker Reinforcing Steel $ 15.15 Structural Steel Welder $ 12.85 Structural Steel $ 14.39 TRUCK DRIVER Low Boy Float $ 16.03 Single Axle $ 11.46 Single or Tandem Axle Dump $ 11.48 Tandem Axle Tractor w/Semi Trailer . .$ 12.27 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 -3 of 5 CITY OFPEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION r6 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 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 rIhN U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 07/2006 00811 -4 of 5 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION 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 -5 of 5 CITY OF PEARLAND ADDENDUM Section 009004 ADDENDUM NO. 1 Date: January 16, 2013 PROJECT: Bailey Road Right-of-Way Clearing &Grubbing,—1700 ft West of FM1128 to Veterans Drive BID NO.: 1213-19 BID DATE: January 17,2013; 2:00 pm FROM: Cara Davis,PMP Project Manager City of Pearland 3519 Liberty Drive, Suite 300 Pearland,Texas 77581 To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS: 1) Please see attached revised Section 00100 -Invitation to Bidders per clarification email sent on January 15, 2013. SPECIFICATIONS: 1) Please see attached revised Section 01100—Summary of Work per clarification email sent on January 15,2013. CONSTRUCTION DRAWINGS: No Changes CLARIFICATIONS: Per email on January 15, 2013: Q. Is the road scheduled for a future expansion? The project manual indicates that the clearing should be to ground level. But if we were to leave the stumps at ground level this would not work for future expansion. 12/2011 00900-1 1 of2 111 CITY OF PEARLAND ADDENDUM 1 A: Yes,the road is scheduled for future expansion. The scope of work does read"to ground !I level"however, I will revise the documents per this clarification. The ground level statement was supposed to cover that we were not removing any underground structures, such as drainage culverts, septic tanks,wells, etc. Trees are to be removed per Section 02200 Site Preparation, 3.01 Clearing and Grubbing. Any foundations or concrete for fence posts or other structures scheduled for removal must also be extracted from the ground. END OF ADDENDUM NO. 1• jl li Cara Davis,PMP !!I Project Manager .11 ,l ij II I III • • I1 Ili II Pi 12/2011 00900-1 2 of 2 CITY OF PEARLAND INVITATION TO BID Section 00100—Al 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(aci.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, January 17 2013. All Bids shall reference the following project information in the l 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: Bailey Road Right-of-Way Clearing& Grubbing —1700 ft West of FM 1128 to Veterans Dr City of Pearland,Texas COP PN: T08002 BID NO.: 1213-19 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 January 10, 2013. The project will entail the removal of all trees, stumps,brush and debris within the right-of-way. Removal of improvements (i.e. fencing, landscaping, etc) remaining within the right-of-way up to the right-of-way line, to include any associated foundations or underground supports, is also included in the scope to be removed. This contract specifically excludes removal of commercial signs, mailboxes, drainage and concrete pavement within the right of way. All debris is to be hauled away and disposed of properly. Associated traffic control, storm water protection and/or required permits are also included in the scope of work. 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 rib\ 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 10-2012 00100 Al -1 of 3 • CITY OF PEARLAND INVITATION TO BID requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200. Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: 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 (281) 652-1600 Purchasing Department 3519 Liberty Drive . Pearland, Texas 77581 Amtek Plan Room (713) 956-0100 4001 Sherwood Houston,TX 77092 The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange (832) 613-0201 7035 W. Tidwell Building J, Suite 112 Houston,TX 77092 McGrawHill Construction—Dodge Reports 1-800-393-6343 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES. Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to"day(s)" shall mean calendar day(s). Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. Bidders submitting bids electronically through the E-bid System shall scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original Bid Bonds shall be delivered to the Citv's Purchasing Officer prior to the opening of bids. Bid bonds shall be delivered to: Office of City Purchasing, Finance Depaitiuent, 2nd Floor City Hall, 3519 Liberty Drive,Pearland, Texas 77581. 10-2012 00100 Al -2 of 3 CITY OFPEARLAND 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 Lorfmg,TRMS City Secretary, City of Pearland First Publication date•January 2,2013 Second Publication date January 9,2013 10-2012 00100 Al -3 of 3 CITY OF PEARLAND SUMMARY OF WORK. 05/2008 01100- 1 of 2 Section 01100—Al :7) 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:Clearing and grubbing the Bailey Road right of way from approximately 1700 feet west of FM 1128 (Manvel Road) to Veterans Drive as directed per plan. The scope of work shall include removal of all trees,stumps,brush and debris within the right-of-way. Removal of improvements (i.e. fencing, landscaping, etc) remaining within the right-of-way up to the right-of-way line, to include any associated foundations or underground supports, is also included in the scope to be removed. This contract specifically excludes removal of commercial signs, mailboxes,drainage and concrete pavement within the right of way. All debris is to be hauled away and disposed of properly. Associated traffic control, storm water protection and/or required permits are also included in the scope of work. 1.03 WORK BY OWNER A Not applicable. 1.04 WORK SEQUENCE A Contractor to submit project schedule to Engineer&Owner for approval as specified in Section 01300—Submittals. B Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 -Coordination and Meetings. 1.05 FUTURE WORK A. This contract proceeds construction of the Bailey Road Paving and Drainage Improvements. 1.06 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. CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100- 1 of 2 CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100-2 of 2 1.07 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION-NotUsed END OF SECTION l CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100-2 of 2 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 Cv .\ TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 04/2008 CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 Al - 1 of 2 Section 01100—Al J SUMMARY OF WORK 1A 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: Clearing and grubbing the Bailey Road right of way from approximately 1700 feet west of FM 1128 (Manvel Road) to Veterans Drive as directed per plan. The scope of work shall include removal of all trees,stumps,brush and debris within the right-of-way. Removal of improvements (i.e. fencing, landscaping, etc) remaining within the right-of-way up to the right-of-way line, to include any associated foundations or underground supports, is also included in the scope to be removed. This contract specifically excludes removal of commercial signs, mailboxes,drainage and concrete pavement within the right of way. All debris is to be hauled away and disposed of properly. Associated traffic control, storm water CPIT' protection and/or required permits are also included in the scope of work. 1.03 WORK BY OWNER A Not applicable. 1.04 WORK SEQUENCE A Contractor to submit project schedule to Engineer&Owner for approval as specified in Section 01300—Submittals. B Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 - Coordination and Meetings. 1.05 FUTURE WORK A This contract proceeds construction of the Bailey Road Paving and Drainage Improvements. 1.06 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. CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 Al - 1 of 2 CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 Al -2 oft A.") 1.07 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 P R O D.0 C T S -Not Used 3.0 EXECUTION-NotUsed END OF SECTION CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 Al -2 of 2 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES (111.11'\ Section 01140 CONTRACTOR'S USE OF PREMISES 1.0 GENERAL 1.01 SECTION INCLUDES A General use of the Project Site including properties inside and outside of the limits of construction, work affecting roads, ramps, streets and driveways and notification to adjacent occupants. B References to Technical Specifications: 1 Section 01350—Submittals 2 Section 01730—Cutting&Patching 3 Section 01555 —Traffic Control&Regulation 4 Section 01562—Waste Material Disposal 5 Section 01720—Field Surveying 6 Section 02980—Pavement Repair 7 Section 02770—Curbs, Curb &Gutter, &Headers 8 Section 02255—Bedding,Backfill, &Embankment Materials 9 Section 02922—Sodding 10 Section 02921 —Hydromulch Seeding (1111°'\ 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. 1.03 LIMITS OF CONSTRUCTION A Confine access,operations,and storage areas to limits of construction as shown on the Plans provided by Owner as stipulated in Section 00700 — General Conditions of Agreement; trespassing on abutting lands or other lands in the area is not allowed. B Contractor may make arrangements,at Contractor's cost,for temporary use of private properties,in which case Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from such use of properties outside of the limits of construction. 1. Improvements to private properties made for the Contractor's use must be removed upon completion of the Work. a. No fill material may be placed in temporary work areas or on adjacent private properties without the written permission of the Engineer or the issuance of a Fill Permit by the City of Pearland or other governing entity. C Restrict total length which materials may be distributed along the route of the r""` construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 02/2008 01140- 1 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Engineer and property owner(s). B Means,methods,techniques,sequences,or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. D Contractor shall protect or replace all property corners, monuments or other demarcations disturbed, damaged or lost as a result of his activities. The replacement of these devices shall be properly documented to the satisfaction of the City by a Registered Public Land Surveyor with copies delivered to the Owner or private property owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously. B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E Locate and protect private lawn sprinkler systems which may exist on rights-of-ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities,accommodating installation or connection of Work with existing facilities,or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730—Cutting&Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours,72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. 02/2008 01140-2 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES B Include in notification names and telephone numbers of two representatives for resident contact,who will be available on 24-hour call. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. B Obtain the Engineer's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or less for public use as work in that block is complete. D Acceptance of any portion of the Work will not be based on return of street to public use. (f°11*,, E Avoid obstructing driveways or entrances to private property. F Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G Provide barricades and signs in accordance with Section 01555 —Traffic Control & Regulation. 1.08 CLEAN-UP A Maintain Project Site in a neat and orderly manner. B Perform daily clean-up in and around construction zone of dirt,debris,scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom-clean or its equivalent at the end of each work day. D Promptly remove barriers,signs,and components of other control systems that are no longer being utilized. E Dispose of waste and excess materials in accordance with requirements of Section (116 \ 01562—Waste Material Disposal. 02/2008 01140-3 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.09 RESTORATION t) A Restore damaged permanent facilities to pre-construction conditions unless replacement or abandonment of facilities is indicated on the Plans. B Repair/Replace removed or damaged pavement in accordance with Section 02980— Pavement Repair and removed or damaged curbs, gutters, and headers in accordance with Section 02770 — Curbs, Curb & Gutter, & Headers. Repair/Replace with like materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. C Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. Level with bank sand or topsoil, conforming to Section 02255—Bedding, Backfill, & Embankment Materials, as approved by the Engineer. Provide sodding in areas of residential land use over the surface of ground disturbed during construction and not paved, or not designated to be paved,in accordance with Section 02922—Sodding. Use only block sodding; do not use spot sodding or sprigging Provide hydromulch seeding in areas of commercial, industrial or undeveloped land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02921 —Hydromulch Seeding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01140-4 of 4 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements,first aid equipment,fire protection,security measures,protection of the Work and property, access roads and parking, environmental controls, disposal of trash,debris,and excavated material,pest and rodent control,water runoff and erosion control. B References to Technical Specifications: Section 00200—Instructions to Bidders Section 01100—Summary of Work Section 01350—Submittals Section 01566—Source Controls for Erosion&Sedimentation Section 01100—Summary of Work (11116 Section 01600—Material&Equipment Section 01570—Trench Safety System Section 01555—Traffic Control&Regulation Section 01720—Field Surveying Section 01563—Tree&Plant Protection Section 01564—Control of Ground Water& Surface Water Section 13730-Computer Equipment C Referenced Standards: Occupational Safety and Health Administration(OSHA) National Fire Protection Association(NFPA) Code of Ordinances, City of Pearland,Texas D Definitions: Underground Structures - sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. Surface Structures- existing buildings, structures and other constructed installations (sib\ above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to 12-2-2011 01500- 1 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS buildings, tanks, walls,bridges,roads, dams, channels, open drainage,piping,poles, wires,posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Technical Specifications. Maintain and operate temporary facilities and systems to assure continuous service. Modify and extend systems as Work progress requires. Completely remove temporary materials and equipment when their use is no longer required. Restore existing facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements with utility service companies for such temporary services as are necessary to construct the work and manage the site. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel,power,light,heat,and other utility services necessary for execution, completion,testing, and initial operation of the Work. B Water Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. 12-2-2011 01500-2 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS For water to be drawn from public water supply,obtain special permit or license and meter from the proper City officials. For facilities under construction, establish a water/sewer billing account with City's Utility Billing Department.A deposit based on rates established by latest ordinance will be required. For water drawn from fire hydrants,apply for and receive a construction water meter from City'Public Works Department. Identify specific location for construction water meter installation. Once installed,water meter may not be moved without notification of Public Works Depai talent.Install backflow preventer on fire hydrant supply if not included in City provided meter. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting 1 Provide temporary electric power service in Contractor's name, as required for the prosecution of the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor or as necessary to maintain any of Owner's on-going operations as may continue on the site during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 2 Provide permanent electric power service,in the Contractor's name,to the work or site as and when required by the schedule of the work to achieve Substantial Completion or Partial Substantial Completion.Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. D Natural Gas Provide and pay for natural gas service to the work as and when required by the schedule to achieve Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. E Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. F Telephone Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. G Sanitary Facilities Provide and maintain sanitary facilities for persons on the Project Site,in compliance with federal, state, and local regulations. Locate toilets on the Project Site near the 12-2-2011 01500-3 of 10 CITY OFPEARLAND TEMPORARY FACILITIES AND CONTROLS work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit-type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off-site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 —Source Controls for Erosion&Sedimentation. 1.06 FIELD OFFICE A Provision of a Field Office and other specific temporary facilities as required in paragraph B below UNLESS otherwise stated in Section 00800 - Special Conditions of the Agreement,or Section 01100—Summary of Work. Provide for transportation,move-in,set-up,tie-down and,when project is complete,removal and move-out. The Contractor shall confirm location of office and other temporary facilities with Owner's Representative at Pre-Construction Meeting prior to delivery and set up. Location of temporary facilities shall be approved by the Owner's Representative by way of the submittal process. B. At a minimum, the Contractor's field office shall provide for, contain or serve to: provide a secured space for project administrative operations, periodic progress meetings,on-site storage for project files and plans,office space for CONTRACTOR's field supervisory personnel and provide a separate securable office space for OWNER's Representative including: meeting table and chairs, a single two drawer filing cabinet,a built-in drawing table and plan holders. Provide electric lighting and HVAC to the mobile office. 1. Field Office shall provide for, at a minimum, a high speed internet connection for use by Owner's Representative or Construction Manager as controlled by Paragraph A above. 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600—Material& Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall prepare, submit and follow a Safety Program that complies with federal, state, and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570—Trench Safety System. B Conduct operations in strict accord with applicable federal,state and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work,personnel and equipment involved in the Work. 12-2-2011 01500-4of10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS (.6\ C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act,published in OSHA Standards -29 CFR, Part 1926, and adopted by Secretary of Labor under the Williams-Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract,and after such investigation or inspection,advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten(10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first-aid equipment, (1/16`, ventilating equipment and safety equipment,in the Plans and Technical Specifications are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.09 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period. List telephone numbers for physicians,hospitals, and ambulance services in each first aid kit. B Have at least one person thoroughly trained in first aid procedures present on the Project Site whenever work is in progress. 1.10 FIRE PROTECTION A Fire Protection Standards. Conform to specified fire protection and prevention requirements as well as those that may be established by Federal, State, or local governmental agencies. B. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10,Portable Fire Extinguishers,for each temporary building,and for every 3000 square feet of floor area of facilities under construction. 12-2-2011 01500-5 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. C. Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids. Do not store flammable or combustible liquids in or near stairways or exits. Maintain clear exits from all points within a structure. 1.11 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft,damage,and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing as approved by Owner's Representative. 1.12 PROTECTION OF PUBLIC UTILITIES A Prevent damage to existing public utilities during construction. These utilities are shown on the Plans at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction,and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.13 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus,materials,supplies,and equipment in an orderly,safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials that are subject to damage by exposure to weather,theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse,rubbish,scrap materials,and debris caused by construction operations,keeping the Work safe and orderly. 12-2-2011 01500-6 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. Obtain written consent from proper parties before entering or occupying with workers, tools,materials or equipment,privately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights,warning signs, and danger signals; provide watchmen;and take other precautionary measures for the protection of persons or property and protection of the Work.Conform to Section 01555—Traffic Control& Regulation. C Preserving Control Points Maintain permanent benchmarks,public or private elevation or property demarcation (11"b\, and control monumentation, or other reference points. Unless otherwise directed in writing,replace at no cost to the Owner,those monuments,property corners or other permanent demarcations that are damaged or destroyed in accordance with Section 01720—Field Surveying. D Tree and Plant Protection. Protect trees, shrubs,lawns,outside of grading limits and within the grading limits as designated on the Plans,and in accordance with requirements of Section 01563—Tree &Plant Protection. E Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available,but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is damaged,broken,or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. (11.6\ 12-2-2011 01500-7 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents,the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Section 00700—General Conditions of Agreement. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports,Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties,or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures,pipelines,or utilities,give a minimum of five (5)working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.14 PROTECTION OF THE WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed,prior to completion of the Work. Control traffic to prevent damage to equipment, materials, and surfaces. 1.15 ROADS AND PARKING A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by construction traffic. C Control traffic to prevent damage to equipment,materials, and surfaces. 12-2-2011 01500-8 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. Locate as approved by Engineer. G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.16 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes,regulations,and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190,Executive Order 11514. C Provide, install and maintain storm water runoff control including but not limited to temporary entrance, silt fencing, etc. as specified in Contract Documents. D Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Burning of rubbish, debris or waste materials is not permitted. 1.17 POLLUTION CONTROL A Provide methods,means,and facilities required to prevent contamination of soil,water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage,and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off-site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entering receiving streams or storm water conveyance systems in conformance with TPDES requirements and Section 01566—Source Controls for Erosion& Sedimentation. D Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. 12-2-2011 01500-9 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS E Use equipment during construction that conforms to current federal, state, and local laws and regulations. 1.18 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. B Employ methods and use materials which will not adversely affect conditions at the Project Site or adjoining properties. 1.19 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards- 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland,Texas. 1.20 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the ^� provisions of Section 01566—Source Controls for Erosion& Sedimentation. 1.21 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water,runoff,subsurface water,and water pumped from excavations and structures to prevent damage to the Work, the Project Site, or adjoining properties in accordance with Section 01564—Control of Ground Water& Surface Water and Section 01566—Source Controls for Erosion& Sedimentation. B Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 12-2-2011 01500- 10 of 10 CITY OF PEARLAND MOBILIZATION Section 01505 MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation(TxDOT) 2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A. Payment for Mobilization is on a Lump Sum basis and shall not exceed three percent(3%) of the total bid price. B. Payment for 50% of the Mobilization lump sum bid item maybe included in the first monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350—Submittals) 2. Trench Safety Program(Section 01570—Trench Safety System) 3. Construction Schedule(Section 01350—Submittals) 4. Pre-construction Photographs (Section 01380—Construction Photographs) 5. Installation and acceptance of Project Identification Sign(s) (Section 01580—Project Identification Signs) 6. Installation and acceptance of Field Office(Section 01500—Temporary Facilities and Controls) 7. Installation and acceptance of TPDES requirements(Section 01565 - TPDES Requirements) C. Payment for 25% of the Mobilization lump sum bid item may be included in the second monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Installation of High Speed Internet Access (Section 01500—Temporary Facilities and Controls) 2. Laptop Computer(Section 00800—Special Conditions of Agreement) D. Payment for 15% of the Mobilization lump sum bid item may be included in the third monthly Application for Payment. E. Payment for the remaining 10%of the Mobilization lump sum bid item may be included in the fourth monthly Application for Payment. 09/2012 01505 - 1 of 1 CITY OF PEARLAND MOBILIZATION G. Mobilization payments will be subject to Retainage as stipulated in Section 00700 General Conditions of Agreement. 2.0 PRODUCTS 2.01 PROJECT IDENTIFICATION SIGNS A. Provide specified number of project identification sign(s)per Section 01580. The name, address and contact information of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 3.0 EXECUTION 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A. Place a Project Identification Sign as described in Section 01580,part 1.03,D visible to passing traffic or as directed by Engineer. END OF SECTION 09/2012 01505- 1 of 1 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION Section 01555 TRAFFIC CONTROL AND REGULATION 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for traffic control plans,signs,signals,control devices,flares,lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations. B Requirements for and qualifications of Flaggers. C References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01140—Contractor's Use of Premises D Referenced Standards: 1. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Traffic Control and Regulation. Measurement is on a Lump Sum basis for Traffic (i°16'`. Control and Regulation,including submittal of a traffic control plan if different from the one provided on the Plans, provision of traffic control devices, and provision of equipment and personnel as necessary to protect the Work and the public. The amount invoiced shall be determined based on the Schedule of Values submitted for traffic control and regulation. B Flaggers. Measurement is on a Lump Sum basis for Flaggers as required for the Work. The amount invoiced shall be determined based on the Schedule of Values submitted for Flaggers. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B A Traffic Control Plan responsive to the Texas MUTCD and sealed by a Registered Professional Engineer is incorporated into the Plans. If the Contractor proposes to implement traffic control different than the plan provided, he shall submit a Traffic Control Plan in conformance with Texas MUTCD for approval of the Engineer. C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values within 30 days following the Notice to Proceed. D Each week submit a daily log for Flaggers listing name,badge number,time start,time finish, and hours worked. 03/2008 01555- 1 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 1.04 FLAGGERS A Unless otherwise specified, use only Flaggers who are off-duty,regularly employed, uniformed Peace Officers. B Flaggers are required at the following locations: 1. Where multi-lane vehicular traffic must be diverted into single-lane vehicular traffic. 2. Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks. 4. Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and cross-walks. 5. Where construction activities might affect public safety and convenience. 6. Where traffic regulation is needed due to rerouting of vehicular traffic around the work site. 7. When requested by Owner. C The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and movement, and does not in any way relieve the contractor of full responsibility for taking such other steps and provide such other Flaggers or personnel as the Contractor may deem necessary to protect the work and the public, and does not in any way relieve the Contractor of his responsibility for any damage for which he would otherwise be liable. Flaggers shall be used and maintained at such points for such periods of time as may be required to provide for the public safety and convenience of travel. 2.0 PRODUCTS 2.01 SIGNS,SIGNALS,AND DEVICES A Comply with Texas MUTCD regulations. B Traffic Cones and Drums, Flares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.01 PUBLIC ROADS A Abide by laws and regulations of governing authorities when using public roads. If the Contractor's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the Engineer. B Contractor shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the Traffic Control Plan. 03/2008 01555-2 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION Climb` Contractor shall not obstruct the normal flow of traffic from 7:00 a.m.to 9:00 a.m.and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D Contractor shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E Cleanliness of Surrounding Streets: 1. Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. Leave the area broom-clean or its equivalent at the end of the work day. F Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H Prevent parking on or adjacent to access roads or in non-designated areas. 3.02 FLARES AND LIGHTS A Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. (111h`. 3.03 HAUL ROUTES A Utilize haul routes designated by Owner or shown on the Plans for construction traffic. B Confine construction traffic to designated haul routes. C Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. D Contractor shall be responsible for any damage caused by vehicles utilizing haul routes. 3.04 TRAFFIC SIGNS AND SIGNALS A Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.05 BRIDGING TRENCHES AND EXCAVATIONS (1116.\ A Whenever necessary,bridge trenches and excavation to permit an unobstructed flow of traffic. 03/2008 01555-3 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION B Secure bridging against displacement by using adjustable cleats,angles,bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than five percent of daily traffic is comprised of commercial or truck traffic; 3. When more than two separate plates are used for the bridge; or 4. When bridge is to be used for more than five consecutive days. C Install bridging to operate with minimum noise. D Adequately shore the trench or excavation to support bridge and traffic. E Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. 3.06 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. B Remove equipment and devices when no longer required. C Repair damage caused by installation. D Remove post settings to a depth of 2 feet. END OF SECTION 03/2008 01555-4 of 4 CITY OF PEARLAND REINFORCED FILTER FABRIC BARRIER Section 01561 REINFORCED FILTER FABRIC BARRIER 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of reinforced filter fabric barrier to control erosion and contain sediments and pollutants in channelized flow areas. B References to Technical Specifications: 1. Section 01200—Measurement&Payment Procedures 2. Section 01350—Submittals 3. Section 01566—Source Controls for Erosion& Sedimentation C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3786,"Standard Test Method for Hydraulic Bursting strength of Textile Fabrics" b. ASTM D 4632, Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASURMENT AND PAYMENT A Measurement for reinforced filter fabric barrier is on a linear foot basis between the limits of the beginning and ending fence posts, measured, accepted, and complete in place. B Payment for filter fabric barrier will include and be full compensation for all labor, equipment, materials, supervision, and incidental expenses for construction of these items,complete in place,including,but not limited to protection of trees,maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction.. C Refer to Section 01200—Measurement&Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Manufacturer's catalog sheets and other product data on geotextile fabric. (11111 05/2008 01561 - 1 of 3 CITY OF PEARLAND REINFORCED FILTER FABRIC BARRIER 2.0 PRODUCTS fl 2.01 FILTER FABRIC A Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B By ASTM - D4632, geotextile fabric shall have a grab strength of 100 psi in any principal direction,a Mullen burst strength exceeding 200psi by ASTM-D3786,and the equivalent opening size between 50 and 140. C Filter fabric shall contain ultraviolet inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 degrees F to 120 degrees F. D Representative Manufacturer: Mirafi, Inc., or equal. 2.02 FILTER FABRIC REINFORCEMENT A Provide woven galvanized steel wire fence with minimum thickness of 14 gauge and a maximum mesh spacing of 6 inches. B Welded wire shall be galvanized, 2-inch by 4-inch, welded wire fabric, 121 gauge. 2.03 EXECUTION 2.04 PREPARATION A Provide erosion and sediment control systems at the locations shown on Plans. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C Regularly inspect and repair or replace damaged components of filter fabric barrier. Unless otherwise directed,maintain the erosion and sediment control systems until the Work is accepted by the Owner. Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials in accordance with Section 1562—Waste Material Disposal. D Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566—Source Controls for Erosion& Sedimentation. 05/2008 01561 -2 of 3 CITY OF PEARLAND REINFORCED FILTER FABRIC BARRIER CH"\. 2.05 INSTALLATION A Install reinforced filter fabric barriers for erosion and sediment control used during construction and until the final development of the Project Site. Reinforced filter fabric barriers are used to retain sedimentation in channelized flow areas. B Provide reinforced filter fabric barrier in accordance with the Plan detail for Reinforced Filter Fabric Barrier. Reinforced filter fabric barrier systems shall be installed in such a manner that runoff will percolate through the system and allow sediment to be retained and accumulated. C Trench in the toe of the reinforced filter fabric barrier with a spade or mechanical trencher as shown on the Plans. Lay filter fabric along the edges of the trench. Backfill and compact trench. D Reinforced filter fabric barrier shall have a height of 18 inches. E Securely fasten the filter fabric to the wire with tie wires. F Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary, splice the fabric together only at a support post with a minimum 6-inch overlap and seal securely. G Inspect the reinforced filter fabric barrier systems after each rainfall, daily during (111b.\ periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the barrier or 6 inches, whichever is less. END OF SECTION 05/2008 01561 -3 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL Section 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01566—Source Controls for Erosion& Sedimentation 3. Section 01600—Materials &Equipment 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Obtain and submit applicable permits for proposed disposal sites. C Submit a Waste Material Disposal Plan. D Submit a copy of written permission from property owners,along with a description of the property,prior to disposal of excess material adjacent to the Project Site. Submit a written and signed release from property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 1.04 WASTE MATERIAL DISPOSAL PLAN A Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following information: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. B The plan shall comply with applicable federal, state, and local health and safety regulations and Section 01566—Source Controls for Erosion&Sedimentation. 2.0 PRODUCTS - Not Used 07/2006 01562- 1 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL 3.0 EXECUTION 3.01 SALVAGEABLE MATERIAL A Excavated material: When indicated on Plans, load, haul, and deposit excavated material at a location or locations outside the limits of Project Site. B Base, surface, and bedding material: Deliver gravel, asphaltic, or other base and surfacing material designated for salvage to the location designated by the Engineer. C Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. D Other salvageable materials: Conform to requirements of individual Technical Specifications. E Coordinate delivery of salvageable material with Engineer. F When temporary, on-site storage of salvaged materials is required, comply with applicable provisions of Section 01600—Materials &Equipment. 3.02 SEDIMENT DISPOSAL A Remove sediment deposits and dispose of them at the designated spoil site for the Project. If a spoil site is not designated on the Plans,dispose of sediment off site at a (1111\ location not in or adjacent to a stream or floodplain. B Off-site disposal is the responsibility of the Contractor. C Sediment to be placed at the Project Site should be spread evenly throughout the designated area,compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. D If sediment has been contaminated,it shall be disposed of in accordance with existing federal, state, and local rules and regulations. 3.03 EXCESS MATERIAL,WASTE,AND EQUIPMENT A Vegetation,rubble,broken concrete,debris,asphaltic concrete pavement,excess soil, and other materials not designated for salvage,shall become the property of Contractor and shall be removed from the Project Site and legally disposed of. B Dispose of removed equipment,materials,waste and debris in a manner conforming to applicable laws and regulations C Excess soil may be deposited on private property adjacent to the Project Site when written permission is obtained from property owner under the provisions of this Section, 1.03D. 07/2006 01562-2 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL D Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the 100-year Flood Hazard Area. E Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. F No materials shall be disposed in a manner to damage the Owner in any way. END OF SECTION 07/2006 01562-3 of 3 CITY OF PEARLAND TPDES REQUIREMENTS Section 01565 TPDES REQUIREMENTS 1.0 GENERAL A DEFINITIONS As used herein and in conjunction with TPDES General Permit No.TXR150000,the term OPERATOR refers to the CONTRACTOR. 1.01 SECTION INCLUDES A Description of the required documentation to be prepared signed and submitted by the Contractor before conducting construction operations, in accordance with the terms and conditions of the Texas Pollutant Discharge Elimination System(TPDES)General Permit TXR150000 as issued March 5, 2003 and re-issued March 5, 2008, by the Texas Commission on Environmental Quality under the provisions of Section 402 of the Clean Water Act and Section 26.040 of the Texas Water Code. B Contractor's responsibility for implementation,maintenance,and inspection of storm water pollution prevention control measures including,but not limited to,erosion and sediment controls,storm water management plans,waste collection and disposal,off- site vehicle tracking,and other practices shown on the Plans or specified elsewhere in this or other Technical Specifications.This Specification provides guidelines and Best Management Practices(BMP's)information for the Contractor to use in adhering to all local,state and federal environmental regulations with respect to storm water pollution prevention during construction activity. C References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01310—Coordination&Meetings 3. Section 01770—Contract Closeout D Referenced Standards: 1. Texas Commission on Environmental Quality(TCEQ) E Other References: 1. Storm Water Pollution Prevention Plan(SWPPP) found in Appendix A of these Technical Specifications. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 11-2012 01565-1 of 3 CITY OF PEARLAND TPDES REQUIREMENTS 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 3.01 REQUIRED NOTICES A The Contractor shall complete, sign,and date the Contractor's Notice of Intent(NOI) attached in Appendix A. The Contractor's NOI shall be submitted to the TCEQ. It is the Contractor's responsibility to pay for any fees associated with the permit. Submission of the NOI is required by the Contractor before construction operations begin. B Upon completion of construction and acceptance of the Work by the Owner, the Contractor shall complete, sign, date and submit the Contractor's Notice of Termination(NOT) attached in Appendix A. 3.02 CERTIFICATION REQUIREMENTS A On the Operator's Information form attached in Appendix A, the Contractor shall complete name, address, and telephone number for the Contractor; the names of persons or firms responsible for maintenance and inspection of erosion and sediment control measures and all Subcontractors. B The Contractor and Subcontractors named in the Contractor's Information form shall read, sign, and date the Contractor's/Subcontractor's Certification form, attached in Appendix A. C The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the Contractor's Inspection and Maintenance Certification form, attached in Appendix A. D The Contractor's Information form and all certification forms shall be submitted to the Owner before beginning construction. E Contractor shall review implementation of the SWPPP in a meeting with the Owner and Engineer prior to start of construction in accordance with Section 01310 — Coordination&Meetings. 3.03 RETENTION OF RECORDS A The Contractor shall keep a copy of the SWPPP at the Project Site or at the Contractor's office from the date that it became effective to the date the Work is accepted by the Owner. 11-2012 01565-2 of 3 CITY OF PEARLAND TPDES REQUIREMENTS (.1.6\ B At Contract Closeout,the Contractor shall submit to the Owner all TPDES forms and certifications, as well as a copy of the SWPPP, in accordance with Section 01770— Contract Closeout. The SWPPP records and data will be retained by Owner for a period of 3 years from the date the Work is accepted by the Owner. 3.04 POSTING OF NOTICES A The following notices shall be posted from the date that this SWPPP goes into effect until the date the Work is accepted by the Owner: 1. Copies of the Notices of Intent submitted by the Contractor and a brief Description of Construction Activity being conducted at the Project Site, as given in Article 1 of the SWPPP, shall be posted at the Project Site or at Contractor's office in a prominent place for public viewing. 2. Notice to drivers of equipment and vehicles, instructing them to stop, check, and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. 3. In an easily visible location on Project Site,post a notice of waste disposal procedures. 4. Notice of hazardous material handling and emergency procedures shall be posted with the NOI on Project Site. Keep copies of Material Safety Data Sheets at a location on Project Site that is known to all personnel. 5. Keep a copy of each signed certification at the Project Site or at Contractor's office. APPENDIX A(PAGE 1 —50)FOLLOWS THIS SECTION END OF SECTION C 11-2012 01565-3 of 3 • • • TCEQ Docket No. 2007-1588-WO' • �P�E o TPDES General Permit No. TXR150000 . • • TEXAS COMMISSION ON ENVIRONMENTAL . This is a renewal of TPDES QUALITY General Permit No.TXR150000, P.O.BOX 13087 issued March 5,2003. • ,Austin,TX 78711-3087 • • • GENERAL PERMIT TO DISCHARGE WASTES • under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code ' • Construction sites that discharge storm water associated with construction activity located in the state of Texas • may discharge to surface water in the state • • •only according to effluent limitations,monitoring requirements and other conditions set forth in this permit,as well as the rules of the Texas Commission on Environmental Quality.(TCEQ),the laws of the.State of Texas,and other orders of the TCEQ.The issuance of this general permit does not grant. . to the permittee the right to use private or public property for conveyance of storm water and certain' • 'non-storm water discharges along the discharge route.This includes property belonging to but not limited to any individual,partnership,corporation or other entity.Neither does this permit authorize • any invasion of personal rights nor any violation of federal, state,or local laws or regulations.It is the responsibility of the permittee to acquire property rights as may be necessaryto use the discharge route. V • V This permit and the authorization contained herein shall expire at midnight on March 5,.20.13..... ... .. ... . .... EFFECTIVE DATE: March 5, 2008 • ISSUED DATE: FEB 1 5 2008. • V For the Comm ssion - • Construction General Permit TPDES General Permit TXR150000 TPDES GENERAL PERMIT NUMBER TXR150000 RELATING TO STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES Table of Contents Part I. Flow Chart and Definitions Page 3 Part II. Permit Applicability and Coverage Page 10 Part III. Storm Water Pollution Prevention Plans Page 25 Part IV. Storm Water Runoff from Concrete Batch Plants Page 37 Part V. Concrete Truck Wash Out Requirements Page 42 Part VI. Retention of Records Page 42 Part VII. Standard Permit Conditions Page 43 Part VIII. Fees Page 44 Appendix A. Automatic Authorization-Periods of Low Erosion Potential by County Page 45 Appendix B. Erosivity Index(EI)Zones in Texas Page 46 Appendix C. Isoerodent Map Page 47 Appendix D. Erosivity Indices for EI Zones in Texas Page 48 Attachment 1. Small Construction Site Notice: Low Potential for Erosion Page 49 Attachment 2. Small Construction Site Notice Page 50 Attachment 3. Large Construction Site Notice: "Secondary Operator"Notice Page 51 Attachment 4. Large Construction Site Notice: "Primary Operator"Notice Page 52 Page 2 Construction General Permit TPDES General Permit TXR150000 Part I. Flow Chart and Definitions Section A. Flow Chart to Determine Whether Coverage is Required flaw much land will be disturbed? (*I) < I acre ' 1 or more acres V (*I) No DO ytiu meet the YES . Will 5 or'mOre definition of N. acres be disturbed? "operaiorr(*2) , (*I) NO YES Permit Coverage Required • -Prepare and Implement SWP.3, • Post Site.Notice * Submit copy of Site'Noticc to 114S4 Operator J . A Are you a”primary operator?"!(*2) No YES Permit Coverage Not-keg nired Permit enragellegitired \ • Prepare and Implement SWP3 * Submit NOI to TCEQ * Post NOI and Site'Notice _ • Submit copy of N01.to NIS=1 Operator' (*.l) To detetwtine the size of the construction project,use the size of the entire area to be distin.bed,and include the size of the larger coutnion-plitn 6j-development or sale, if the project is pat.t of a larger project(refer to Part I p.; "Definitions,"for an explanation of"larger common plan of developMent at sale"). (*2) Peter to the definitions for "operator,'""primary operator,"and 'secondary operator"in I., Section A of this permit. Page 3 Construction General Permit TPDES General Permit TXR150000 Section B. Definitions (11.b\ Arid Areas-Areas with an average annual rainfall of 0 to 10 inches. Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance procedures,structural controls,local ordinances,and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements,operating procedures,and practices to control construction site runoff,spills or leaks,waste disposal,or drainage from raw material storage areas. Commencement of Construction -The initial disturbance of soils associated with clearing, grading, or excavation activities, as well as other construction-related activities (e.g., stockpiling of fill material, demolition) Common Plan of Development - A construction activity that is completed in separate stages, separate phases,or in combination with other construction activities. A common plan of development(also known as a"common plan of development or sale")is identified by the documentation for the construction project that identifies the scope of the project, and may include plats,blueprints,marketing plans, contracts,building permits, a public notice or hearing, zoning requests, or other similar documentation and activities. A common plan of development does not necessarily include all construction projects within the jurisdiction of a public entity (e.g., a city or university). Construction of roads or buildings in different parts of the jurisdiction would be considered separate"common plans,"with only the interconnected parts of a project being considered part of a"common plan" (e.g., a building and its associated parking lot and driveways, airport runway and associated taxiways, a building complex, etc.). Where discrete construction projects occur within a larger common plan of development or sale but are located'A mile or more apart,and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale, provided that any interconnecting road,pipeline or utility project that is part of the same"common plan"is not included in the area to be disturbed. Discharge—For the purposes of this permit,the drainage,release,or disposal of pollutants in storm water and certain non-storm water from areas where soil disturbing activities(e.g.,clearing,grading,excavation, stockpiling of fill material, and demolition), construction materials or equipment storage or maintenance (e.g.,fill piles,borrow area,concrete truck washout,fueling),or other industrial storm water directly related to the construction process (e.g., concrete or asphalt batch plants) are located. Edwards Aquifer - As defined under Texas Administrative Code § 213.3 of this title (relating to the Edwards Aquifer),that portion of an arcuate belt of porous,water-bearing,predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to northeast in Kinney,Uvalde,Medina,Bexar,Comal,Hays,Travis,and Williamson Counties;and composed of the Salmon Peak Limestone, McKnight Formation,West Nueces Formation,Devil's River Limestone, Person Formation, Kainer Formation, Edwards Formation, and Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less- permeable Comanche Peak and Walnut Formations north of the Colorado River, and underlie the less- permeable Del Rio Clay regionally. Edwards Aquifer Recharge Zone - Generally, that area where the stratigraphic units constituting the Edwards Aquifer crop out,including the outcrops of other geologic formations in proximity to the Edwards Aquifer,where caves, sinkholes,faults,fractures,or other permeable features would create a potential for (.1R6'‘ recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated as such on official maps located in the offices of the Texas Commission on Environmental Quality and the Page 4 Construction General Permit TPDES General Permit TXR150000 appropriate regional office. The Edwards Aquifer Map Viewer, located at http://www.tceq.state.tx.us/compliance/field_ops/eapp/mapdisclaimer.html,can be used to determine where the recharge zone is located. Edwards Aquifer Contributing Zone - The area or watershed where runoff from precipitation flows downgradient to the recharge zone of the Edwards Aquifer. The contributing zone is located upstream (upgradient) and generally north and northwest of the recharge zone for the following counties: all areas within Kinney County, except the area within the watershed draining to Segment 2304 of the Rio Grande Basin; all areas within Uvalde, Medina, Bexar, and Comal Counties; all areas within Hays and Travis Counties, except the area within the watersheds draining to the Colorado River above a point 1.3 miles upstream from Tom Miller Dam,Lake Austin at the confluence of Barrow Brook Cove, Segment 1403 of the Colorado River Basin; and all areas within Williamson County, except the area within the watersheds draining to the Lampasas River above the dam at Stillhouse Hollow reservoir,Segment 1216 of the Brazos River Basin. The contributing zone is illustrated on the Edwards Aquifer map viewer at http://www.teeq.state.tx.us/compliance/field_ops/eapp/mapdisclaimer.html. Facility or Activity—For the purpose of this permit,a construction site or construction support activity that is regulated under this general permit,including all contiguous land and fixtures(e.g.,ponds and materials stockpiles),structures,or appurtances used at a construction site or industrial site described by this general permit. Final Stabilization -A construction site status where any of the following conditions are met: (a) All soil disturbing activities at the site have been completed and a uniform (i.e., evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. (b) For individual lots in a residential construction site by either: (1) the homebuilder completing fmal stabilization as specified in condition(a)above;or (2) the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, fmal stabilization. If temporary stabilization is not feasible, then the homebuilder may fulfill this requirement by retaining perimeter controls or other best management practices, and informing the homeowner of the need for removal of temporary controls and the establishment of final stabilization. (c) For construction activities on land used for agricultural purposes(e.g.pipelines across crop or range land),final stabilization maybe accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities,such as buffer strips immediately adjacent to surface water and areas that are not being returned to their preconstruction agricultural use must meet the fmal stabilization conditions of condition(a) above. Page 5 Construction General Permit TPDES General Permit TXR150000 (d) In arid, semi-arid, and drought-stricken areas only, all soil disturbing activities at the site have been completed and both of the following criteria have been met: (1) Temporary erosion control measures(e.g.,degradable rolled erosion control product) are selected,designed,and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by the operator, and (2) The temporary erosion control measures are selected, designed, and installed to achieve 70 percent vegetative coverage within three years. Hyperchlorination of Waterlines—Treatment of potable water lines or tanks with chlorine for disinfection purposes, typically following repair or partial replacement of the a waterline or tank, and subsequently flushing the contents. Indian Country Land—(from 40 CFR 122.2)(1)all land within the limits of any Indian reservation under the jurisdiction of the United States government,notwithstanding the issuance of any patent,and,including rights-of-way running through the reservation;(2)all dependent Indian communities with the borders of the United States whether within the originally or subsequently acquired territory thereof,and whether within or without the limits of a state; and (3) all Indian allotments, the Indian titles to which have not been extinguished,including rights-of-way running through the same. Indian Tribe - (from 40 CFR 122.2) any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian Reservation. Large Construction Activity - Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than five(5)acres of land. Large construction activity also includes the disturbance of less than five(5)acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five(5)acres of land. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine grading of existing dirt roads, asphalt overlays of existing roads,the routine clearing of existing right-of-ways, and similar maintenance activities.) Municipal Separate Storm Sewer System(MS4)-A separate storm sewer system owned or operated by the United States, a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization,that discharges to surface water in the state. Notice of Change (NOC) —Written notification to the executive director from a discharger authorized under this permit,providing changes to information that was previously provided to the agency in a notice of intent form. Notice of Intent (NOI) - A written submission to the executive director from an applicant requesting coverage under this general permit. Page 6 Construction General Permit TPDES General Permit TXR150000 Notice of Termination (NOT) - A written submission to the executive director from a discharger authorized under a general permit requesting termination of coverage. Operator - The person or persons associated with a large or small construction activity that is either a primary or secondary operator as defined below: Primary Operator—the person or persons associated with a large or small construction activity that meets either of the following two criteria: (a) the person or persons have operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or (b) the person or persons have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a storm water pollution prevention plan (SWP3)for the site or other permit conditions(e.g.,they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions). Secondary Operator—The person whose operational control is limited to the employment of other operators or to the ability to approve or disapprove changes to plans and specifications. A secondary operator is also defined as a primary operator and must comply with the permit requirements for primary operators if there are no other operators at the construction site. Outfall-For the purpose of this permit,a point source at the point where storm water runoff associated with construction activity discharges to surface water in the state and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the same stream or other water of the U.S. and are used to convey waters of the U.S. Permittee-An operator authorized under this general permit. The authorization may be gained through submission of a notice of intent, by waiver, or by meeting the requirements for automatic coverage to discharge storm water runoff and certain non-storm water discharges. Point Source—(from 40 CFR§122.2)Any discernible,confined,and discrete conveyance,including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation,landfill leachate collection system,vessel or other floating craft from which pollutants are, or may be, discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. Pollutant - Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment,rock,sand,cellar dirt,and industrial,municipal,and agricultural waste discharged into any surface water in the state. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland,pastureland,and farmland. For the purpose of this permit, the term"pollutant"includes sediment. Pollution - (from Texas Water Code §26.001(14)) The alteration of the physical, thermal, chemical, or biological quality of,or the contamination of,any surface water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare,or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Page 7 . Construction General Permit TPDES General Permit TXR150000 Rainfall Erosivity Factor(R factor)-the total annual erosive potential that is due to climatic effects,and is part of the Revised Universal Soil Loss Equation(RUSLE). Semiarid Areas -areas with an average annual rainfall of 10 to 20 inches Separate Storm Sewer System-A conveyance or system of conveyances(including roads with drainage systems,streets,catch basins,curbs,gutters,ditches,man-made channels,or storm drains),designed or used for collecting or conveying storm water; that is not a combined sewer, and that is not part of a publicly owned treatment works (POTW). Small Construction Activity - Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one(1)acre and less than five(5)acres of land. Small construction activity also includes the disturbance of less than one(1)acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one(1)and less than five(5)acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance activities.) Storm Water (or Storm Water Runoff) - Rainfall runoff, snow melt runoff, and surface runoff and drainage. Storm Water Associated with Construction Activity- Storm water runoff from a construction activity where soil disturbing activities(including clearing,grading,excavating)result in the disturbance of one(1) or more acres of total land area,or are part of a larger common plan of development or sale that will result in disturbance of one(1)or more acres of total land area. Structural Control (or Practice) - A pollution prevention practice that requires the construction of a device,or the use of a device,to capture or prevent pollution in storm water runoff. Structural controls and practices may include but are not limited to: silt fences, earthen dikes, drainage swales, sediment traps, check dams,subsurface drains,storm drain inlet protection,rock outlet protection,reinforced soil retaining systems, gabions, and temporary or permanent sediment basins. Surface Water in the State- Lakes,bays,ponds;impounding reservoirs,springs,rivers,streams,creeks, estuaries,wetlands,marshes,inlets,canals,the Gulf of Mexico inside the territorial limits of the state(from the mean high water mark(MHWM) out 10.36 miles into the Gulf),and all other bodies of surface water, natural or artificial,inland or coastal, fresh or salt,navigable or nonnavigable, and including the beds and banks of all water-courses and bodies of surface water,that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state;except that waters in treatment systems which are authorized by state or federal law,regulation,or permit,and which are created for the purpose of waste treatment are not considered to be water in the state. Temporary Stabilization-A condition where exposed soils or disturbed areas are provided a protective cover or other structural control to prevent the migration of pollutants. Temporary stabilization may include temporary seeding, geotextiles, mulches, and other techniques to reduce or eliminate erosion until either permanent stabilization can be achieved or until further construction activities take place. Waters of the United States-(from 40 CFR,Part122,Section 2)Waters of the United States or waters of the U.S. means: Page 8 Construction General Permit TPDES General Permit TXR150000 (a) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce,including all waters which are subject to the ebb and flow of the tide; (b) all interstate waters, including interstate wetlands; (c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,sandflats,wetlands,sloughs,prairie potholes,wet meadows,playa lakes,or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) which are used or could be used for industrial purposes by industries in interstate commerce; (d) all impoundments of waters otherwise defined as waters of the United States under this definition; (e) tributaries of waters identified in paragraphs (a) through(d) of this definition; (f) the territorial sea; and (g) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a)through(f) of this definition. Waste treatment systems,including treatment ponds or lagoons designed to meet the requirements of CWA(other than cooling ponds as defined in 40 CFR§423.11(m) which also meet the criteria of this definition)are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States(such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency,for the purposes of the Clean Water Act,the final authority regarding Clean Water Act jurisdiction remains with EPA. Part II. Permit Applicability and Coverage Section A. Discharges Eligible for Authorization 1. Storm Water Associated with Construction Activity Discharges of storm water runoff from small and large construction activities may be authorized under this general permit. Page 9 Construction General Permit TPDES General Permit TXR150000 2. Discharges of Storm Water Associated with Construction Support Activities Examples of construction support activities include,but are not limited to, concrete batch plants,rock crushers,asphalt batch plants,equipment staging areas,material storage yards, material borrow areas, and excavated material disposal areas. Discharges of storm water runoff from construction support activities may be authorized under this general permit, provided that the following conditions are met: (a) the activities are located within one (1)-mile from the boundary of the permitted construction site and directly support the construction activity; (b) a storm water pollution prevention plan is developed according to the provisions of this general permit and includes appropriate controls and measures to reduce erosion and discharge of pollutants in storm water runoff from the construction support activities; and (c) the construction support activities either do not operate beyond the completion date of the construction activity or are authorized under separate TPDES authorization. Separate TPDES authorization may include the TPDES Multi Sector General Permit, TXR050000 (related to storm water discharges associated with industrial activity), separate authorization under this general permit if applicable, coverage under an alternative general permit if available, or authorization under an individual water quality permit. 3. Non-Storm Water Discharges The following non-storm water discharges from sites authorized under this general permit are also eligible for authorization under this general permit: (a) discharges from fire fighting activities(fire fighting activities do not include washing of trucks, run-off water from training activities, test water from fire suppression systems, and similar activities); (b) uncontaminated fire hydrant flushings (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life), which include flushings from systems that utilize potable water, surface water, or groundwater that does not contain additional pollutants (uncontaminated fire hydrant flushings do not include systems utilizing reclaimed wastewater as a source water); (c) water from the routine external washing of vehicles,the external portion of buildings or structures, and pavement, where detergents and soaps are not used and where spills or leaks of toxic or hazardous materials have not occurred (unless spilled materials have been removed;and if local state,or federal regulations are applicable, the materials are removed according to those regulations),and where the purpose is to remove mud, dirt, or dust; (d) uncontaminated water used to control dust; Page 10 Construction General Permit TPDES General Permit TXR150000 (e) potable water sources including waterline flushings (excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life); (f) uncontaminated air conditioning condensate; (g) uncontaminated ground water or spring water,including foundation or footing drains where flows are not contaminated with industrial materials such as solvents; and (h) lawn watering and similar irrigation drainage. 4. Other Permitted Discharges Any discharge authorized under a separate NPDES, TPDES, or TCEQ permit may be combined with discharges authorized by this general permit, provided those discharges comply with the associated permit. Section B. Concrete Truck Wash Out The washout of concrete trucks associated with off-site production facilities may be conducted at regulated construction sites in accordance with the requirements of Part V of this general permit. Section C. Limitations on Permit Coverage 1. Post Construction Discharges. Discharges that occur after construction activities have been completed, and after the construction site and any supporting activity site have undergone final stabilization,are not eligible for coverage under this general permit. Discharges originating from the sites are not authorized under this general permit following the submission of the notice of termination (NOT) for the construction activity. 2. Prohibition of Non-Storm Water Discharges Except as otherwise provided in Part II.A. of this general permit, only discharges that are composed entirely of storm water associated with construction activity may be authorized under this general permit. 3. Compliance With Water Quality Standards Discharges to surface water in the state that would cause or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses are not eligible for coverage under this general permit. The executive director may require an application for an individual permit or alternative general permit(see Parts II.H.2.and 3.)to authorize discharges to surface water in the state from any activity that is determined to cause a violation of water quality standards or is found to cause,or contribute to,the loss of a designated use. The executive director may also require an application for an individual permit considering factors described in Part II.H.2. of this general permit. Page 11 Construction General Permit TPDES General Permit TXR150000 4. Discharges to Water Quality-Impaired Receiving Waters. New sources or new discharges of the constituents of concern to impaired waters are not authorized by this permit unless otherwise allowable under 30 TAC Chapter 305 and applicable state law. Impaired waters are those that do not meet applicable water quality standards and are listed on the EPA approved Clean Water Act Section 303(d) list. Constituents of concern are those for which the water body is listed as impaired. Discharges of the constituents of concern to impaired water bodies for which there is a total maximum daily load(TMDL)are not eligible for this permit unless they are consistent with the approved TMDL. Permittees must incorporate the limitations, conditions, and requirements applicable to their discharges,including monitoring frequency and reporting required by TCEQ rules, into their storm water pollution prevention plan in order to be eligible for coverage under this general permit. 5. Discharges to the Edwards Aquifer Recharge Zone Discharges cannot be authorized by this general permit where prohibited by 30 Texas Administrative Code (TAC) Chapter 213 (relating to Edwards Aquifer). In addition, commencement of construction (i.e., the initial disturbance of soils associated with clearing, grading, or excavating activities, as well as other construction-related activities such as stockpiling of fill material and demolition)at a site regulated under 30 TAC Chapter 213,may not begin until the appropriate Edwards Aquifer Protection Plan has been approved by the TCEQ's Edwards Aquifer Protection Program. (a) For new discharges located within the Edwards Aquifer Recharge Zone, or within that area upstream from the recharge zone and defined as the Contributing Zone, operators must meet all applicable requirements of, and operate according to, 30 TAC Chapter 213 (Edwards Aquifer Rule) in addition to the provisions and requirements of this general permit. (b) For existing discharges located within the Edwards Aquifer Recharge Zone, the requirements of the agency-approved Water Pollution Abatement Plan under the Edwards Aquifer Rules are in addition to the requirements of this general permit. BMPs and maintenance schedules for structural storm water controls,for example, may be required as a provision of the rule. All applicable requirements of the Edwards Aquifer Rule for reductions of suspended solids in storm water runoff are in addition to the requirements in this general permit for this pollutant. For discharges from large construction activities located on the Edwards Aquifer recharge zone or the Edwards Aquifer contributing zone,applicants must submit a copy of the NOI to the appropriate TCEQ regional office. For discharges from small construction activities located on the Edwards Aquifer recharge zone or the Edwards Aquifer contributing zone, and for discharges from large construction activities by operators not required to submit an NOI under this general permit,applicants must submit a copy of the construction site notice to the appropriate TCEQ regional office where required by the Edwards Aquifer Rules at 30 TAC Chapter 213: Counties: Contact: Page 12 Construction General Permit TPDES General Permit TXR150000 Comal, Bexar,Medina,Uvalde, TCEQ and Kinney Water Program Manager San Antonio Regional Office 14250 Judson Rd. San Antonio,Texas (210) 490-3096 Williamson,Travis, and Hays TCEQ Water Program Manager Austin Regional Office 2800 South IH 35, Suite 100 Austin,Texas 78704-5712 (512) 339-2929 6. Discharges to Specific Watersheds and Water Quality Areas Discharges otherwise eligible for coverage cannot be authorized by this general permit where prohibited by 30 TAC Chapter 311 (relating to Watershed Protection) for water quality areas and watersheds. 7. Protection of Streams and Watersheds by Other Governmental Entities This general permit does not limit the authority or ability of federal, other state, or local governmental entities from placing additional or more stringent requirements on construction activities or discharges from construction activities. For example,this permit does not limit the authority of a home-rule municipality provided by Texas Local Government Code §401.002. 8. Indian Country Lands Storm water runoff from construction activities occurring on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of storm water require authorization under federal National Pollutant Discharge Elimination System(NPDES)regulations, authority for these discharges must be obtained from the U.S. Environmental Protection Agency(EPA). 9. Oil and Gas Production Storm water runoff from construction activities associated with the exploration, development,or production of oil or gas or geothermal resources,including transportation of crude oil or natural gas by pipeline, are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of storm water require authorization under federal NPDES regulations, authority for these discharges must be obtained from the EPA. 10. Storm Water Discharges from Agricultural Activities Page 13 Construction General Permit TPDES General Permit TXR150000 Storm water discharges from agricultural activities that are not point source discharges of storm water are not subject to TPDES permit requirements. These activities may include (11" , clearing and cultivating ground for crops, construction of fences to contain livestock, construction of stock ponds, and other similar agricultural activities. Discharges of storm water runoff associated with the construction of facilities that are subject to TPDES regulations,such as the construction of confined animal feeding operations,would be point sources regulated under this general permit. • 11. Other Nothing in Part II of the general permit is intended to negate any person's ability to assert the force majeure (act of God,war, strike, riot, or other catastrophe) defenses found in 30 TAC§70.7. Section D. Deadlines for Obtaining Authorization to Discharge 1. Large Construction Activities (a) New Construction-Discharges from sites where the commencement of construction occurs on or after the effective date of this general permit must be authorized,either under this general permit or a separate TPDES permit,prior to the commencement of those construction activities. (b) Ongoing Construction - Operators of large construction activities continuing to (1111..\ operate after the effective date of this permit,and authorized under TPDES general permit TXR150000 (issued March 5, 2003), must submit an NOI to renew authorization under this general permit within 90 days of the effective date of this general permit. During this interim period,as a requirement of this TPDES permit, the operator must continue to meet the conditions and requirements of the previous TPDES permit. 2. Small Construction Activities (a) New Construction-Discharges from sites where the commencement of construction occurs on or after the effective date of this general permit must be authorized,either under this general permit or a separate TPDES permit,prior to the commencement of those construction activities. (b) Ongoing Construction-Discharges from ongoing small construction activities that commenced prior to the effective date of this general permit,and that would not meet the conditions to qualify for termination of this permit as described in Part II.E. of this general permit, must meet the requirements to be authorized, either under this general permit or a separate TPDES permit,within 90 days of the effective date of this general permit. During this interim period, as a requirement of this TPDES permit, the operator must continue to meet the conditions and requirements of the previous TPDES permit. Section E. Obtaining Authorization to Discharge Page 14 Construction General Permit TPDES General Permit TXR150000 1. Automatic Authorization for Small Construction Activities With Low Potential for Erosion: If all of the following conditions are met,then a small construction activity is determined to occur during periods of low potential for erosion,and a site operator may be automatically authorized under this general permit without being required to develop a storm water pollution prevention plan or submit a notice of intent(NOI): (a) the construction activity occurs in a county listed in Appendix A; (b) the construction activity is initiated and completed, including either final or temporary stabilization of all disturbed areas, within the time frame identified in Appendix A for the location of the construction site; (c) all temporary stabilization is adequately maintained to effectively reduce or prohibit erosion, permanent stabilization activities have been initiated, and a condition of final stabilization is completed no later than 30 days following the end date of the time frame identified in Appendix A for the location of the construction site; (d) the permittee signs a completed construction site notice(Attachment 1 of this general permit), including the certification statement; (e) a signed copy of the construction site notice is posted at the construction site in a location where it is readily available for viewing by the general public,local, state, and federal authorities prior to commencing construction activities,and maintained in that location until completion of the construction activity; (f) a copy of the signed and certified construction site notice is provided to the operator of any municipal separate storm sewer system(MS4)receiving the discharge at least two days prior to commencement of construction activities; (g) any supporting concrete batch plant or asphalt batch plant is separately authorized for discharges of storm water runoff or other non-storm water discharges under an individual TPDES permit, another TPDES general permit, or under an individual TCEQ permit where storm water and non-storm water is disposed of by evaporation or irrigation(discharges are adjacent to water in the state); and (h) any non-storm water discharges are either authorized under a separate permit or authorization, or are not considered to be a wastewater. Part II.G.of this general permit describes how an operator may apply for and obtain a waiver from permitting, for certain small construction activities that occur during a period with a low potential for erosion,where automatic authorization under this section is not available. 2. Automatic Authorization For All Other Small Construction Activities: Operators of small construction activities not described in Part II.E.1. above may be automatically authorized under this general permit,and operators of these sites shall not be required to submit an NOI,provided that they meet all of the following conditions: Page 15 Construction General Permit TPDES General Permit TXR150000 (a) develop a SWP3 according to the provisions of this general permit,that covers either the entire site or all portions of the site for which the applicant is the operator, and implement that plan prior to commencing construction activities; (b) sign and certify a completed construction site notice(Attachment 2 of this general permit), post the notice at the construction site in a location where it is safely and readily available for viewing by the general public, local, state, and federal authorities, prior.to commencing construction, and maintain the notice in that location until completion of the construction activity (for linear construction activities, e.g. pipeline or highway, the site notice must be placed in a publicly accessible location near where construction is actively underway; notice for these linear sites may be relocated, as necessary, along the length of the project, and the notice must be safely and readily available for viewing by the general public; local, state, and federal authorities); and (c) provide a copy of the signed and certified construction site notice to the operator of any municipal separate storm sewer system receiving the discharge at least two days prior to commencement of construction activities. Operators of small construction activities as defined in Part I of this general permit shall not submit an NOI for coverage unless otherwise required by the executive director. As described in Part I (Definitions) of this general permit, large construction activities include those that will disturb less than five (5) acres of land, but that are part of a larger common plan of development or sale that will ultimately disturb five (5) or more acres of land, and must meet the requirements of Part II.E.3. below. 3. Authorization for Large Construction Activities: Operators of large construction activities that qualify for coverage under this general permit must meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit that covers either the entire site or all portions of the site for which the applicant is the operator, and implement that plan prior to commencing construction activities; (b) primary operators must submit a Notice of Intent(NOI),using a form provided by the executive director, at least seven (7) days prior to commencing construction activities, or if utilizing electronic submittal, prior to commencing construction activities. If an additional primary operator is added after the initial NOI is submitted, the new primary operator must submit an NOI at least seven (7) days before assuming operational control,or if utilizing electronic NOI submittal,prior to assuming operational control. If the primary operator changes after the initial NOI is submitted,the new primary operator must submit a paper NOI or an electronic NOI at least ten(10) days before assuming operational control; (c) all primary operators must also post a copy of the signed NOI at the construction site (111°'\ in a location where it is readily available for viewing by the general public, local, Page 16 Construction General Permit TPDES General Permit TXR150000 state,and federal authorities prior to commencing construction activities, and must maintain the NOI in that location until completion of the construction activity; (d) all operators of large construction activities must post a site notice in accordance with Part III.D.2. of this permit. The site notice must be located where it is safely and readily available for viewing by the general public, local, state, and federal authorities prior to commencing construction, and must be maintained in that location until completion of the construction activity (for linear construction activities, e.g. pipeline or highway, the site notice must be placed in a publicly accessible location near where construction is actively underway; notice for these linear sites may be relocated, as necessary, along the length of the project, and the notice must be safely and readily available for viewing by the general public;local, state, and federal authorities); and (e) all primary operators must provide a copy of the signed NOI to the operator of any municipal separate storm sewer system (MS4) receiving the discharge and to any secondary operator, at least seven (7) days prior to commencing construction activities,and must list in the SWP3 the names and addresses of all MS4 operators receiving a copy. (f) All persons meeting the definition of"secondary operator"in Part I of this permit are hereby notified that they are regulated under this general permit,but are not required to submit an NOI,provided that another operator(s)at the site has submitted an NOI, or is required to submit an NOI and the secondary operator has provided notification to the operator(s) of the need to obtain coverage (with records of notification available upon request). Any secondary operator notified under this provision may alternatively submit an NOI under this general permit,may seek coverage under an alternative TPDES individual permit, or may seek coverage under an alternative TPDES general permit if available. 4. Waivers for Small Construction Activities: Part II.G. describes how operators of certain small construction activities may obtain a waiver from coverage. 5. Effective Date of Coverage (a) Operators of small construction activities as described in either Part II.E.1.or II.E.2. above are authorized immediately following compliance with the applicable conditions of Part II.E.1. or II.E.2. Secondary operators of large construction activities as described in Part II.E.3. above are authorized immediately following compliance with the applicable conditions in Part II.E.3. For activities located in areas regulated by 30 TAC Chapter 213, related to the Edwards Aquifer, this authorization to discharge is separate from the requirements of the operator's responsibilities under that rule. Construction may not commence for sites regulated under 30 TAC Chapter 213 until all applicable requirements of that rule are met. (b) Primary operators of large construction activities as described in Part II.E.3. above are provisionally authorized seven (7) days from the date that a completed NOI is Page 17 Construction General Permit TPDES General Permit TXR150000 postmarked for delivery to the TCEQ, unless otherwise notified by the executive director. If electronic submission of the NOI is provided, and unless otherwise notified by the executive director, primary operators are authorized immediately following confirmation of receipt of the NOI by the TCEQ. Authorization is non- provisional when the executive director finds the NOI is administratively complete and an authorization number is issued for the activity. For activities located in areas regulated by 30 TAC Chapter 213,related to the Edwards Aquifer,this authorization to discharge is separate from the requirements of the operator's responsibilities under that rule. Construction may not commence for sites regulated under 30 TAC Chapter 213 until all applicable requirements of that rule are met. (c) Operators are not prohibited from submitting late NOIs or posting late notices to obtain authorization under this general permit. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted activities that may have occurred between the time construction commenced and authorization was obtained. 6. Notice of Change(NOC) If relevant information provided in the NOI changes,an NOC must be submitted at least 14 days before the change occurs,if possible. Where 14-day advance notice is not possible,the operator must submit an NOC within 14 days of discovery of the change. If the operator becomes aware that it failed to submit any relevant facts or submitted incorrect information in an NOI, the correct information must be provided to the executive director in an NOC within 14 days after discovery. The NOC shall be submitted on a form provided by the executive director, or by letter if an NOC form is not available. A copy of the NOC must also be provided to the operator of any MS4 receiving the discharge, and a list must be included in the SWP3 that includes the names and addresses of all MS4 operators receiving a copy. Information that may be included on an NOC includes,but is not limited to,the following: the description of the construction project,an increase in the number of acres disturbed(for increases of one or more acres),or the operator name. A transfer of operational control from one operator to another, including a transfer of the ownership of a company, may not be included in an NOC. A transfer of ownership of a company includes changes to the structure of a company, such as changing from a partnership to a corporation or changing corporation types, so that the filing number(or charter number) that is on record with the Texas Secretary of State must be changed. An NOC is not required for notifying TCEQ of a decrease in the number of acres disturbed. This information must be included in the storm water pollution prevention plan(SWP3)and retained on site. 7. Signatory Requirement for NOI Forms,Notice of Termination(NOT)Forms,NOC Letters, and Construction Site Notices NOI forms,NOT forms,NOC letters,and Construction Site Notices that require a signature must be signed according to 30 TAC§ 305.44 (relating to Signatories for Applications). 8. Contents of the NOI Page 18 Construction General Permit TPDES General Permit TXR150000 The NOI form shall require, at a minimum,the following information: (a) the TPDES CGP authorization number for existing authorizations under this general permit,where the operator submits an NOI to renew coverage within 90 days of the effective date of this general permit; (b) the name, address, and telephone number of the operator filing the NOI for permit coverage; (c) the name (or other identifier), address, county, and latitude/longitude of the construction project or site; (d) the number of acres that will be disturbed by the applicant; (e) confirmation that the project or site will not be located on Indian Country lands; (f) confirmation that a SWP3 has been developed,that it will be implemented prior to construction,and that it is compliant with any applicable local sediment and erosion control plans; (g) name of the receiving water(s); (h) the classified segment number for each classified segment that receives discharges from the regulated construction activity(if the discharge is not directly to a classified ) segment,then the classified segment number of the first classified segment that those discharges reach); and (i) the name of all surface waters receiving discharges from the regulated construction activity that are on the latest EPA-approved CWA§ 303(d)list of impaired waters. Section F. Terminating Coverage 1. Notice of Termination(NOT)Required Each operator that has submitted an NOI for authorization under this general permit must apply to terminate that authorization following the conditions described in this section of the general permit. Authorization must be terminated by submitting a Notice of Termination (NOT) on a form supplied by the executive director. Authorization to discharge under this general permit terminates at midnight on the day the NOT is postmarked for delivery to the TCEQ. If electronic submission of the NOT is provided, authorization to discharge under this permit terminates immediately following confirmation of receipt of the NOT by the TCEQ. Compliance with the conditions and requirements of this permit is required until an NOT is submitted. The NOT must be submitted to TCEQ, and a copy of the NOT provided to the operator of any MS4 receiving the discharge(with a list in the SWP3 of the names and addresses of all MS4 operators receiving a copy), within 30 days after any of the following conditions are met: Page 19 Construction General Permit TPDES General Permit TXR150000 (0111",. (a) fmal stabilization has been achieved on all portions of the site that are the responsibility of the permittee; (b) a transfer of operational control has occurred(See Section II.F.4. below); or (c) the operator has obtained alternative authorization under an individual TPDES permit or alternative TPDES general permit. 2. Minimum Contents of the NOT The NOT form shall require, at a minimum,the following information: (a) if authorization was granted following submission of an NOI, the permittee's site- specific TPDES authorization number for the construction site; (b) an indication of whether the construction activity is completed or if the permittee is simply no longer an operator at the site; (c) the name, address, and telephone number of the permittee submitting the NOT; (d) the name (or other identifier), address, county, and latitude/longitude of the construction project or site; and \ (e) a signed certification that either all storm water discharges requiring authorization under this general permit will no longer occur, or that the applicant to terminate coverage is no longer the operator of the facility or construction site, and that all temporary structural erosion controls have either been removed,will be removed on a schedule defined in the SWP3, or have been transferred to a new operator if the new operator has applied for permit coverage. Erosion controls that are designed to remain in place for an indefinite period, such as mulches and fiber mats, are not required to be removed or scheduled for removal. 3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites Each operator that has obtained automatic authorization and has not been required to submit an NOI must remove the site notice upon meeting any of the conditions listed below, complete the applicable portion of the site notice related to removal of the site notice, and submit a copy of the completed site notice to the operator of any MS4 receiving the discharge (or provide alternative notification as allowed by the MS4 operator, with documentation of such notification included in the SWP3),within 30 days of meeting any of the following conditions: (a) fmal stabilization has been achieved on all portions of the site that are the responsibility of the permittee; (b) a transfer of operational control has occurred(See Section II.F.4.below); or Page 20 Construction General Permit TPDES General Permit TXR150000 (c) the operator has obtained alternative authorization under an individual or general TPDES permit. Authorization to discharge under this general permit terminates immediately upon removal of the applicable site notice. Compliance with the conditions and requirements of this permit is required until the site notice is removed. 4. Transfer of Operational Control Coverage under this general permit is not transferable. A transfer of operational control includes changes to the structure of a company, such as changing from a partnership to a corporation, or changing to a different corporation type such that a different filing (or charter)number is established with the Texas Secretary of State. When the primary operator of a large construction activity changes or operational control is transferred,the original operator must submit a Notice of Termination(NOT)within ten(10) days prior to the date that responsibility for operations terminates,and the new operator must submit an NOI at least ten (10) days prior to the transfer of operational control, in accordance with condition(a) or(b) below. A copy of the NOT must be provided to the operator of any MS4 receiving the discharge in accordance with Section II.F.1. above. Operators of regulated construction activities who are not required to submit an NOI must remove the original site notice,and the new operator must post the required site notice prior to the transfer of operational control,in accordance with condition(a)or(b)below. A copy of the completed site notice must be provided to the operator of any MS4 receiving the discharge,in accordance with Section II.F.3. above. A transfer of operational control occurs when either of the following criteria is met: (a) Another operator has assumed control over all areas of the site that have not been finally stabilized;and all silt fences and other temporary erosion controls have either been removed,scheduled for removal as defined in the SWP3,or transferred to a new operator, provided that the permitted operator has attempted to notify the new operator in writing of the requirement to obtain permit coverage. Record of this notification (or attempt at notification) shall be retained by the operator in accordance with Part VI of this permit. Erosion controls that are designed to remain in place for an indefinite period, such as mulches and fiber mats,are not required to be removed or scheduled for removal. (b) A homebuilder has purchased one or more lots from an operator who obtained coverage under this general permit for a common plan of development or sale. The homebuilder is considered a new operator and shall comply with the requirements listed above, including the development of a SWP3 if necessary. Under these circumstances,the homebuilder is only responsible for compliance with the general permit requirements as they apply to lot(s) it has operational control over, and the original operator remains responsible for common controls or discharges,and must amend its SWP3 to remove the lot(s) transferred to the homebuilder. Page 21 Construction General Permit TPDES General Permit TXR150000 Section G. Waivers from Coverage (11. The executive director may waive the otherwise applicable requirements of this general permit for storm water discharges from small construction activities under the terms and conditions described in this section. 1. Waiver Applicability and Coverage Operators of small construction activities may apply for and receive a waiver from the requirements to obtain authorization under this general permit, where all of the following conditions are met. This waiver from coverage does not apply to non-storm water discharges. The operator must insure that any non-storm water discharges are either authorized under a separate permit or authorization,or are not considered to be a wastewater. (a) the calculated rainfall erosivity (R) factor for the entire period of the construction project is less than five(5); (b) the operator submits to the TCEQ a signed waiver certification form,supplied by the executive director, certifying that the construction activity will commence and be completed within a period when the value of the calculated rainfall erosivity R factor is less than five(5); and (c) the waiver certification form is postmarked for delivery to the TCEQ at least two(2) days before construction activity begins. ("1"\, 2. Steps to Obtaining a Waiver The construction site operator may calculate the R factor to request a waiver using the following steps: (a) Estimate the construction start date and the construction end date. The construction end date is the date that final stabilization will be achieved. (b) Find the appropriate Erosivity Index(EI) zone in Appendix B of this permit. (c) Find the EI percentage for the project period by adding the results for each period of the project using the table provided in Appendix D of this permit,in EPA Fact Sheet 2.1,or in USDA Handbook 703,by subtracting the start value from the end value to fmd the percent EI for the site. (d) Refer to the Isoerodent Map(Appendix C of this permit) and interpolate the annual isoerodent value for the proposed construction location. (e) Multiply the percent value obtained in Step(c)above by the annual isoerodent value obtained in Step(d). This is the R factor for the proposed project. If the value is less than 5,then a waiver may be obtained. If the value is five(5)or more,then a waiver may not be obtained,and the operator must obtain coverage under Part II.E.2.of this edlimbN permit. Page 22 Construction General Permit TPDES General Permit TXR150000 Alternatively, the operator may calculate a site-specific R factor utilizing the following online calculator: http://ei.tamu.edu/index.html, or using another available resource. The waiver certification form is not required to be posted at the small construction site. 3. Effective Date of Waiver Operators of small construction activities are provisionally waived from the otherwise applicable requirements of this general permit two (2)days from the date that a completed waiver certification form is postmarked for delivery to TCEQ. 4. Activities Extending Beyond the Waiver Period If a construction activity extends beyond the approved waiver period due to circumstances beyond the control of the operator,the operator must either: (a) recalculate the rainfall erosivity (R) factor using the original start date and a new projected ending date,and if the R factor is still under five(5),submit a new waiver certification form at least two (2)days before the end of the original waiver period; or (b) obtain authorization under this general permit according to the requirements delineated in either Part II.E.2. or Part II.E.3. at least two (2)days before the end of the approved waiver period. Section H. Alternative TPDES Permit Coverage 1. Individual Permit Alternative Any discharge eligible for coverage under this general permit may alternatively be authorized under an individual TPDES permit according to 30 TAC Chapter 305(relating to Consolidated Permits). Applications for individual permit coverage should be submitted at least three hundred and thirty(330)days prior to commencement of construction activities to ensure timely issuance. 2. Individual Permit Required The executive director may suspend an authorization or deny an NOI in accordance with the procedures set forth in 30 TAC Chapter 205 (relating to General Permits for Waste Discharges),including the requirement that the executive director provide written notice to the permittee. The executive director may require an operator of a construction site, otherwise eligible for authorization under this general permit, to apply for an individual TPDES permit in the following circumstances: (a) the conditions of an approved total maximum daily load (TMDL) limitation or TMDL implementation plan on the receiving stream; Page 23 Construction General Permit TPDES General Permit TXR150000 (b) the,activity being determined to cause a violation of water quality standards or being found to cause, or contribute to,the loss of a designated use of surface water in the state: and (c) any other consideration defined in 30 TAC Chapter 205(relating to General Permits for Waste Discharges) including 30 TAC §205.4(c)(3)(D), which allows the commission to deny authorization under the general permit and require an individual permit if a discharger"has been determined by the executive director to have been out of compliance with any rule,order,or permit of the commission,including non- payment of fees assessed by the executive director." Additionally, the executive director may cancel, revoke, or suspend authorization to discharge under this general permit based on a finding of historical and significant noncompliance with the provisions of this general permit,relating to 30 TAC§60.3 (Use of Compliance History). Denial of authorization to discharge under this general permit or suspension of a permittee's authorization under this general permit shall be done according to commission rules in 30 TAC, Chapter 205 (relating to General Permits for Waste Discharges). 3. Any discharge eligible for authorization under this general permit may alternatively be authorized under a separate general permit according to 30 TAC Chapter 205 (relating to General Permits for Waste Discharges), if applicable. Section I. Permit Expiration 1. This general permit is issued for a term not to exceed five (5) years. All active discharge authorizations expire on the date provided on page one(1)of this permit. Following public notice and comment, as provided by 30 TAC §205.3 (relating to Public Notice, Public Meetings,and Public Comment),the commission may amend,revoke,cancel,or renew this general permit. 2. If the executive director publishes a notice of the intent to renew or amend this general permit before the expiration date, the permit will remain in effect for existing, authorized discharges until the commission takes final action on the permit. Upon issuance of a renewed or amended permit,permittees may be required to submit an NOI within 90 days following the effective date of the renewed or amended permit,unless that permit provides for an alternative method for obtaining authorization. 3. If the commission does not propose to reissue this general permit within 90 days before the expiration date, permittees shall apply for authorization under an individual permit or an alternative general permit. If the application for an individual permit is submitted before the expiration date, authorization under this expiring general permit remains in effect until the issuance or denial of an individual permit. No new NOIs will be accepted nor new authorizations honored under the general permit after the expiration date. Part III. Storm Water Pollution Prevention Plans (SWP3) Storm water pollution prevention plans must be prepared to address discharges authorized under Parts II.E.2. and II.E.3. that will reach Waters of the United States,including discharges to MS4s and privately owned Page 24 Construction General Permit TPDES General Permit TXR150000 separate storm sewer systems that drain to Waters of the United States, to identify and address potential sources of pollution that are reasonably expected to affect the quality of discharges from the construction site, including off-site material storage areas, overburden and stockpiles of dirt,borrow areas, equipment staging areas,vehicle repair areas,fueling areas,etc.,used solely by the permitted project. The SWP3 must describe the implementation of practices that will be used to minimize to the extent practicable the discharge of pollutants in storm water associated with construction activity and non-storm water discharges described in Part II.A.3., in compliance with the terms and conditions of this permit. Individual operators at a site may develop separate SWP3s that cover only their portion of the project, provided reference is made to the other operators at the site. Where there is more than one SWP3 for a site, permittees must coordinate to ensure that BMPs and controls are consistent and do not negate or impair the effectiveness of each other. Regardless of whether a single comprehensive SWP3 is developed or separate SWP3s are developed for each operator,it is the responsibility of each operator to ensure compliance with the terms and conditions of this general permit in the areas of the construction site where that operator has control over construction plans and specifications or day-to-day operations. Section A. Shared SWP3 Development For more effective coordination of BMPs and opportunities for cost sharing,a cooperative effort by the different operators at a site is encouraged. Operators must independently obtain authorization, but may work together to prepare and implement a single, comprehensive SWP3 for the entire construction site. 1. The SWP3 must clearly list the name and,for large construction activities,the general permit authorization numbers, for each operator that participates in the shared SWP3. Until the '"'"' TCEQ responds to receipt of the NOI with a general permit authorization number,the SWP3 must specify the date that the NOI was submitted to TCEQ by each operator. Each operator participating in the shared plan must also sign the SWP3. 2. The SWP3 must clearly indicate which operator is responsible for satisfying each shared requirement of the SWP3. If the responsibility for satisfying a requirement is not described in the plan,then each permittee is entirely responsible for meeting the requirement within the boundaries of the construction site where they perform construction activities. The SWP3 must clearly describe responsibilities for meeting each requirement in shared or common areas. Section B. Responsibilities of Operators 1. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications All secondary operators and primary operators with control over construction plans and specifications must: (a) ensure the project specifications allow or provide that adequate BMPs are developed to meet the requirements of Part III of this general permit; (b) ensure that the SWP3 indicates the areas of the project where they have control over project specifications,including the ability to make modifications in specifications; Page 25 Construction General Permit TPDES General Permit TXR150000 (c) ensure all other operators affected by modifications in project specifications are notified in a timely manner so that those operators may modify their best management practices as necessary to remain compliant with the conditions of this general permit; and (d) ensure that the SWP3 for portions of the project where they are operators indicates the name and site-specific TPDES authorization numbers for permittees with the day-to-day operational control over those activities necessary to ensure compliance with the SWP3 and other permit conditions. If the party with day-to-day operational control has not been authorized or has abandoned the site, the person with control over project specifications is considered to be the responsible party until the authority is transferred to another party and the SWP3 is updated. 2. Primary Operators with Day-to-Day Operational Control Primary Operators with day-to-day operational control of those activities at a project that are necessary to ensure compliance with an SWP3 and other permit conditions must ensure that the SWP3 accomplishes the following requirements: (a) meets the requirements of this general permit for those portions of the project where they are operators; (b) identifies the parties responsible for implementation of best management practices (BMPs) described in the SWP3; (c) indicates areas of the project where they have operational control over day-to-day activities; and (d) includes,for areas where they have operational control over day-to-day activities,the name and site-specific TPDES authorization number of the parties with control over project specifications,including the ability to make modifications in specifications. Section C. Deadlines for SWP3 Preparation,Implementation, and Compliance The SWP3 must be prepared prior to obtaining authorization under this general permit, and implemented prior to commencing construction activities that result in soil disturbance. The SWP3 must be prepared so that it provides for compliance with the terms and conditions of this general permit. Section D. Plan Review and Making Plans Available 1. The SWP3 must be retained on-site at the construction site or,if the site is inactive or does not have an on-site location to store the plan,a notice must be posted describing the location of the SWP3. The SWP3 must be made readily available at the time of an on-site inspection to: the executive director; a federal,state,or local agency approving sediment and erosion plans,grading plans,or storm water management plans;local government officials;and the operator of a municipal separate storm sewer receiving discharges from the site. Page 26 Construction General Permit TPDES General Permit TXR150000 2. In addition to the requirement to post the NOI, a primary operator of a large construction activity must post the site notice provided in Attachment 4 of this permit near the main ^'\ entrance of the construction site. An operator of a small construction activity seeking authorization under this general permit and a secondary operator of a large construction activity must post the site notice required in Part II.E.1., 2., or 3. of this permit in order to obtain authorization (see Attachments 1, 2, and 3). If the construction project is a linear construction project (e.g. pipeline or highway), the notices must be placed in a publicly accessible location near where construction is actively underway. Notices for these linear sites may be relocated, as necessary, along the length of the project. The notices must be readily available for viewing by the general public; local, state,and federal authorities; and contain the following information: (a) the site-specific TPDES authorization number for the project if assigned; (b) the operator name, contact name, and contact phone number; (c) a brief description of the project; and (d) the location of the SWP3. 3. This permit does not provide the general public with any right to trespass on a construction site for any reason,including inspection of a site;nor does this permit require that permittees allow members of the general public access to a construction site. Section E. Revisions and Updates to SWP3s ^. The permittee must revise or update the SWP3 whenever the following occurs: 1. a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3; 2. changing site conditions based on updated plans and specifications,new operators,new areas of responsibility, and changes in BMPs; or 3. results of inspections or investigations by site operators, operators of a municipal separate storm sewer system receiving the discharge,authorized TCEQ personnel,or a federal,state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. Section F. Contents of SWP3 The SWP3 must include, at a minimum, the information described in this section. 1. A site or project description,which includes the following information: (a) a description of the nature of the construction activity; (b) a list of potential pollutants and their sources; Page 27 Construction General Permit TPDES General Permit TXR150000 (c) a description of the intended schedule or sequence of activities that will disturb soils for major portions of the site; (d) the total number of acres of the entire property and the total number of acres where construction activities will occur, including off-site material storage areas, overburden and stockpiles of dirt, and borrow areas that are authorized under the permittee's NOI; (e) data describing the soil or the quality of any discharge from the site; (f) a map showing the general location of the site (e.g. a portion of a city or county map); (g) a detailed site map (or maps) indicating the following: (i) drainage patterns and approximate slopes anticipated after major grading activities; (ii) areas where soil disturbance will occur; (iii) locations of all major structural controls either planned or in place; (iv) locations where temporary or permanent stabilization practices are expected to be used; (v) locations of construction support activities,including off-site activities,that are authorized under the permittee's NOI,including material,waste,borrow, fill, or equipment storage areas; (vi) surface waters(including wetlands)either at, adjacent,or in close proximity to the site; (vii) locations where storm water discharges from the site directly to a surface water body or a municipal separate storm sewer system; and (viii) vehicle wash areas. Where the amount of information required to be included on the map would result in a single map being difficult to read and interpret,the operator shall develop a series of maps that collectively include the required information. (h) the location and description of support activities authorized under the permittee's NOI,including asphalt plants,concrete plants,and other activities providing support to the construction site that is authorized under this general permit; (i) the name of receiving waters at or near the site that may be disturbed or that may (1.11'\ receive discharges from disturbed areas of the project; Page 28 Construction General Permit TPDES General Permit TXR150000 (j) a copy of this TPDES general permit, and (k) the notice of intent(NOI)and acknowledgement certificate for primary operators of large construction sites, and the site notice for small construction sites and for secondary operators of large construction sites. 2. A description of the best management practices (BMPs) that will be used to minimize pollution in runoff. • The description must identify the general timing or sequence for implementation. At a minimum, the description must include the following components: (a) General Requirements (i) Erosion and sediment controls must be designed to retain sediment on-site to the extent practicable with consideration for local topography,soil type,and rainfall. (ii) Control measures must be properly selected, installed, and maintained according to the manufacturer's or designer's specifications. (iii) Controls must be developed to minimize the offsite transport of litter, construction debris, and construction materials. (b) Erosion Control and Stabilization Practices The SWP3 must include a description of temporary and permanent erosion control and stabilization practices for the site,including a schedule of when the practices will be implemented. Site plans should ensure that existing vegetation is preserved where it is possible. (i) Erosion control and stabilization practices may include but are not limited to: establishment of temporary or permanent vegetation,mulching,geotextiles, sod stabilization, vegetative buffer strips, protection of existing trees and vegetation, slope texturing, temporary velocity dissipation devices, flow diversion mechanisms,and other similar measures. (ii) The following records must be maintained and either attached to or referenced in the SWP3, and made readily available upon request to the parties listed in Part III.D.1 of this general permit: (A) the dates when major grading activities occur; (B) the dates when construction activities temporarily or permanently cease on a portion of the site; and (C) the dates when stabilization measures are initiated. Page 29 Construction General Permit TPDES General Permit TXR150000 (iii) Erosion control and stabilization measures must be initiated as soon as practicable in portions of the site where construction activities have temporarily ceased. Stabilization measures that provide a protective cover must be initiated as soon as practicable in portions of the site where construction activities have permanently ceased. Except as provided in(A) through(D)below, these measures must be initiated no more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased: (A) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable. (B) Where construction activity on a portion of the site has temporarily ceased, and earth disturbing activities will be resumed within 21 days, temporary erosion control and stabilization measures are not required on that portion of site. (C) In arid areas,semiarid areas,and areas experiencing droughts where the initiation of stabilization measures by the 14th day after construction activity has temporarily or permanently ceased or is precluded by arid conditions, erosion control and stabilization measures must be initiated as soon as practicable. Where vegetative (1/2"\ controls are not feasible due to arid conditions, the operator shall install non-vegetative erosion controls. If non-vegetative controls are not feasible,the operator shall install temporary sediment controls as required in Paragraph(D)below. (D) In areas where temporary stabilization measures are infeasible, the operator may alternatively utilize temporary perimeter controls. The operator must document in the SWP3 the reason why stabilization measures are not feasible, and must demonstrate that the perimeter controls will retain sediment on site to the extent practicable. The operator must continue to inspect the BMPs at the frequency established in Section III.F.7.(a) for unstabilized sites. (iv) Final stabilization must be achieved prior to termination of permit coverage. (c) Sediment Control Practices The SWP3 must include a description of any sediment control practices used to remove eroded soils from storm water runoff, including the general timing or sequence for implementation of controls. (i) Sites With Drainage Areas of Ten or More Acres (A) Sedimentation Basin(s) Page 30 Construction General Permit TPDES General Permit TXR150000 (1) A sedimentation basin is required, where feasible, for a common drainage location that serves an area with ten(10)or more acres disturbed at one time. A sedimentation basin may be temporary or permanent, and must provide sufficient storage to contain a calculated volume of runoff from a 2- year,24-hour storm from each disturbed acre drained. When calculating the volume of runoff from a 2-year,24-hour storm event,it is not required to include the flows from offsite areas and flow from onsite areas that are either undisturbed or have already undergone permanent stabilization,if these flows are diverted around both the disturbed areas of the site and the sediment basin.Capacity calculations shall be included in the SWP3. (2) Where rainfall data is not available or a calculation cannot be performed, the sedimentation basin must provide at least 3,600 cubic feet of storage per acre drained until fmal stabilization of the site. (3) If a sedimentation basin is not feasible, then the permittee shall provide equivalent control measures until fmal stabilization of the site. In determining whether installing a sediment basin is feasible,the permittee may consider factors such as site soils, slope, available area, public safety, precipitation patterns, site geometry, site vegetation, infiltration capacity, geotechnical factors, depth to groundwater,and other similar considerations. The permittee shall document the reason that the sediment basins are not feasible,and shall utilize equivalent control measures,which may include a series of smaller sediment basins. (B) Perimeter Controls: At a minimum, silt fences, vegetative buffer strips,or equivalent sediment controls are required for all down slope boundaries of the construction area, and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (ii) Controls for Sites With Drainage Areas Less than Ten Acres: (A) Sediment traps and sediment basins may be used to control solids in storm water runoff for drainage locations serving less than ten(10) acres. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries of the construction area, and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (B) Alternatively,a sediment basin that provides storage for a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed Page 31 Construction General Permit TPDES General Permit TXR150000 acre drained may be utilized. Where rainfall data is not available or a calculation cannot be performed,a temporary or permanent sediment basin providing 3,600 cubic feet of storage per acre drained may be provided. If a calculation is performed,then the calculation shall be included in the SWP3. 3. A Description of Permanent Storm Water Controls A description of any measures that will be installed during the construction process to control pollutants in storm water discharges that may occur after construction operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and maintenance of storm water management measures prior to fmal stabilization of the site or prior to submission of an NOT. 4. Other Required Controls and BMPs (a) Permittees shall minimize,to the extent practicable, the off-site vehicle tracking of sediments and the generation of dust. The SWP3 shall include a description of controls utilized to accomplish this requirement. (b) The SWP3 must include a description of construction and waste materials expected to be stored on-site and a description of controls to minimize pollutants from these materials. (c) The SWP3 must include a description of potential pollutant sources from areas other than construction(such as storm water discharges from dedicated asphalt plants and dedicated concrete batch plants),and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. (d) Permittees shall place velocity dissipation devices at discharge locations and along the length of any outfall channel(i.e.,runoff conveyance) to provide a non-erosive flow velocity from the structure to a water course, so that the natural physical and biological characteristics and functions are maintained and protected. (e) Permittees shall design and utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water from the site. 5. Documentation of Compliance with Approved State and Local Plans (a) Permittees must ensure that the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits, or storm water management site plans or site permits approved by federal, state, or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits, or storm water management site plans or site permits approved by state or local official for which the permittee receives written notice. Page 32 Construction General Permit TPDES General Permit TXR150000 (c) If the permittee is required to prepare a separate management plan,including but not limited to a Water Pollution Abatement Plan or Contributing Zone Plan in accordance with 30 TAC Chapter 213 (related to the Edwards Aquifer),then a copy of that plan must be either included in the SWP3 or made readily available upon request to authorized personnel of the TCEQ. The permittee shall maintain a copy of the approval letter for the plan in its SWP3. 6. Maintenance Requirements (a) All protective measures identified in the SWP3 must be maintained in effective operating condition. If,through inspections or other means,the permittee determines that BMPs are not operating effectively, then the permittee shall perform maintenance as necessary to maintain the continued effectiveness of storm water controls,and prior to the next rain event if feasible. If maintenance prior to the next anticipated storm event is impracticable, the reason shall be documented in the SWP3 and maintenance must be scheduled and accomplished as soon as practicable. Erosion and sediment controls that have been intentionally disabled, run-over, removed, or otherwise rendered ineffective must be replaced or corrected immediately upon discovery. (b) If periodic inspections or other information indicates a control has been used incorrectly, is performing inadequately, or is damaged, then the operator must replace or modify the control as soon as practicable after making the discovery. (c) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 50%. For perimeter controls such as silt fences, berms, etc., the trapped sediment must be removed before it reaches 50% of the above-ground height. (d) If sediment escapes the site, accumulations must be removed at a frequency that minimizes off-site impacts, and prior to the next rain event, if feasible. If the permittee does not own or operate the off-site conveyance,then the permittee must to work with the owner or operator of the property to remove the sediment. 7. Inspections of Controls (a) Personnel provided by the permittee must inspect disturbed areas of the construction site that have not been finally stabilized,areas used for storage of materials that are exposed to precipitation,discharge locations,and structural controls for evidence of, or the potential for,pollutants entering the drainage system. Personnel conducting these inspections must be knowledgeable of this general permit, familiar with the construction site,and knowledgeable of the SWP3 for the site. Sediment and erosion control measures identified in the SWP3 must be inspected to ensure that they are operating correctly. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. Inspections must be conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. Page 33 Construction General Permit TPDES General Permit TXR150000 Where sites have been finally or temporarily stabilized or where runoff is unlikely due to winter conditions(e.g.site is covered with snow,ice,or frozen ground exists), inspections must be conducted at least once every month. In arid or semi-arid areas, inspections must be conducted at least once every month and within 24 hours after the end of a storm event of 0.5 inches or greater. As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed, then the inspection must occur on a specifically defined day, regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule may be changed a maximum of one time each month,the schedule change must be implemented at the beginning of a calendar month,and the reason for the schedule change must be documented in the SWP3 (e.g.,end of"dry" season and beginning of"wet" season). (b) Utility line installation,pipeline construction, and other examples of long,narrow, linear construction activities may provide inspection personnel with limited access to the areas described in Part III.F.8.(a)above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be inspected at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway, undisturbed right-of-way, or other similar feature intersects the construction site and allows access to the areas described in Part III.F.8.(a) above. The conditions of the controls along each inspected 0.25 mile portion may be considered as representative of the condition of controls along that reach extending from the end of the 0.25 mile portion to either the end of the next 0.25 mile inspected portion, or to the end of the project,whichever occurs first. As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed, the inspection must occur on a specifically defined day, regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule may be changed a maximum of one time each month,the schedule change must be implemented at the beginning of a calendar month,and the reason for the schedule change must be documented in the SWP3 (e.g.,end of"dry" season and beginning of"wet" season). Page 34 Construction General Permit TPDES General Permit TXR150000 (c) In the event of flooding or other uncontrollable situations which prohibit access to the inspection sites,inspections must be conducted as soon as access is practicable. (d) The SWP3 must be modified based on the results of inspections, as necessary, to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven(7)calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary,an implementation schedule must be described in the SWP3 and wherever possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable, these changes must be implemented as soon as practicable. (e) A report summarizing the scope of the inspection, the date(s)of the inspection,and major observations relating to the implementation of the SWP3 must be made and retained as part of the SWP3. Major observations should include: The locations of discharges of sediment or other pollutants from the site;locations of BMPs that need to be maintained; locations of BMPs that failed to operate as designed or proved inadequate for a particular location; and locations where additional BMPs are needed. Actions taken as a result of inspections must be described within, and retained as a part of,the SWP3. Reports must identify any incidents of non-compliance. Where a report does not identify any incidents of non-compliance,the report must contain a certification that the facility or site is in compliance with the SWP3 and this permit. The report must be signed by the person and in the manner required by 30 TAC § 305.128 (relating to Signatories to Reports). The names and qualifications of personnel making the inspections for the permittee may be documented once in the SWP3 rather than being included in each report. 8. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-storm water components of the discharge, as listed in Part II.A.3. of this permit. 9. The SWP3 must include the information required in Part III.B. of this general permit. Part IV. Storm Water Runoff from Concrete Batch Plants Discharges of storm water runoff from concrete batch plants at regulated construction sites may be authorized under the provisions of this general permit provided that the following requirements are met for concrete batch plant(s) authorized under this permit. If discharges of storm water runoff from concrete batch plants are not covered under this general permit, then discharges must be authorized under an alternative general permit or individual permit. This permit does not authorize the discharge or land disposal of any wastewater from concrete batch plants at regulated construction sites. Authorization for these wastes must be obtained under an individual permit or an alternative general permit. Section A. Benchmark Sampling Requirements 1. Operators of concrete batch plants authorized under this general permit must sample the storm water runoff from the concrete batch plants according to the requirements of this Page 35 Construction General Permit TPDES General Permit TXR150000 section of this general permit, and must conduct evaluations on the effectiveness of the (1.8 \ SWP3 based on the following benchmark monitoring values: Benchmark Benchmark Sampling Sample Type Parameter Value Frequency Oil and Grease 15 mg/L 1/quarter(*1)(*2) Grab (*3) Total Suspended 100 mg/L 1/quarter(*1)(*2) Grab (*3) Solids pH 6.0 - 9.0 1/quarter(*1)(*2) Grab (*3) Standard Units Total Iron 1.3 mg/L 1/quarter(*1)(*2) Grab(*3) (*1) When discharge occurs. Sampling is required within the first 30 minutes of discharge. If it is not practicable to take the sample, or to complete the sampling, within the first 30 minutes, sampling must be completed within the first hour of discharge. If sampling is not completed within the first 30 minutes of discharge,the reason must be documented and attached to all required reports and records of the sampling activity. (*2) Sampling must be conducted at least once during each of the following periods. The first sample must be collected during the first full quarter that a storm water discharge occurs from a concrete batch plant authorized under this general permit. January through March April through June July through September October through December For projects lasting less than one full quarter, a minimum of one sample shall be collected, provided that a storm water discharge occurred at least once following submission of the NOI or following the date that automatic authorization was obtained under Section II.E.2., and prior to terminating coverage. (*3) A grab sample shall be collected from the storm water discharge resulting from a storm event that is at least 0.1 inches of measured precipitation that occurs at least 72 hours from the previously measurable storm event. The sample shall be collected downstream of the concrete batch plant, and where the discharge exits any BMPs utilized to handle the runoff from the batch plant, prior to commingling with any other water authorized under this general permit. 2. The permittee must compare the results of sample analyses to the benchmark values above, and must include this comparison in the overall assessment of the SWP3's effectiveness. Analytical results that exceed a benchmark value are not a violation of this permit,as these values are not numeric effluent limitations. Results of analyses are indicators that modifications of the SWP3 should be assessed and may be necessary to protect water quality.The operator must investigate the cause for each exceedance and must document the results of this investigation in the SWP3 by the end of the quarter following the sampling event. Page 36 Construction General Permit TPDES General Permit TXR150000 The operator's investigation must identify the following: (a) any additional potential sources of pollution,such as spills that might have occurred, (b) necessary revisions to good housekeeping measures that are part of the SWP3, (c) additional BMPs, including a schedule to install or implement the BMPs, and (d) other parts of the SWP3 that may require revisions in order to meet the goal of the benchmark values. Background concentrations of specific pollutants may also be considered during the investigation. If the operator is able to relate the cause of the exceedance to background concentrations,then subsequent exceedances of benchmark values for that pollutant may be resolved by referencing earlier findings in the SWP3. Background concentrations may be identified by laboratory analyses of samples of storm water runon to the permitted facility, by laboratory analyses of samples of storm water run-off from adjacent non-industrial areas, or by identifying the pollutant is a naturally occurring material in soils at the site. Section B. Best Management Practices (BMPs) and SWP3 Requirements Minimum Storm Water Pollution Prevention Plan (SWP3) Requirements — The following are required in addition to other SWP3 requirements listed in this general permit (including, but not limited to Part III.F.7. of this permit): 1. Description of Potential Pollutant Sources - The SWP3 must provide a description of potential sources (activities and materials) that may reasonably be expected to affect the quality of storm water discharges associated with concrete batch plants authorized under this permit. The SWP3 must describe practices that that will be used to reduce the pollutants in these discharges to assure compliance with this general permit,including the protection of water quality, and must ensure the implementation of these practices. The following must be developed,at a minimum,in support of developing this description: (a) Drainage—The site map must include the following information: (1) the location of all outfalls for storm water discharges associated with concrete batch plants that are authorized under this permit; (2) a depiction of the drainage area and the direction of flow to the outfall(s); (3) structural controls used within the drainage area(s); (4) the locations of the following areas associated with concrete batch plants that are exposed to precipitation: vehicle and equipment maintenance activities (including fueling, repair, and storage areas for vehicles and equipment scheduled for maintenance);areas used for the treatment,storage,or disposal Page 37 Construction General Permit TPDES General Permit TXR150000 of wastes; liquid storage tanks; material processing and storage areas; and Cf".`. loading and unloading areas; and (5) the locations of the following:any bag house or other dust control device(s); recycle/sedimentation pond,clarifier or other device used for the treatment of facility wastewater(including the areas that drain to the treatment device); areas with significant materials; and areas where major spills or leaks have occurred. (b) Inventory of Exposed Materials—A list of materials handled at the concrete batch plant that may be exposed to storm water and that have a potential to affect the quality of storm water discharges associated with concrete batch plants that are authorized under this general permit. (c) Spills and Leaks - A list of significant spills and leaks of toxic or hazardous pollutants that occurred in areas exposed to storm water and that drain to storm water outfalls associated with concrete batch plants authorized under this general permit must be developed,maintained, and updated. (d) Sampling Data-A summary of existing storm water discharge sampling data must be maintained, if available. 2. Measures and Controls-The SWP3 must include a description of management controls to regulate pollutants identified in the SWP3's "Description of Potential Pollutant Sources" from Part IV.B.1.(a)of this permit,and a schedule for implementation of the measures and controls. This must include, at a minimum: (a) Good Housekeeping - Good housekeeping measures must be developed and implemented in the area(s) associated with concrete batch plants. (1) Operators must prevent or minimize the discharge of spilled cement, aggregate (including sand or gravel), settled dust, or other significant materials from paved portions of the site that are exposed to storm water. Measures used to minimize the presence of these materials may include regular sweeping or other equivalent practices. These practices must be conducted at a frequency that is determined based on consideration of the amount of industrial activity occurring in the area and frequency of precipitation, and shall occur at least once per week when cement or aggregate is being handled or otherwise processed in the area. (2) Operators must prevent the exposure of fine granular solids,such as cement, to storm water.Where practicable,these materials must be stored in enclosed silos,hoppers or buildings, in covered areas, or under covering. (b) Spill Prevention and Response Procedures - Areas where potential spills that can contribute pollutants to storm water runoff, and the drainage areas from these locations, must be identified in the SWP3. Where appropriate, the SWP3 must specify material handling procedures, storage requirements, and use of equipment. Page 38 Construction General Permit TPDES General Permit TXR150000 Procedures for cleaning up spills must be identified in the SWP3 and made available to the appropriate personnel. ^1 (c) Inspections-Qualified facility personnel(i.e.,a person or persons with knowledge of this general permit, the concrete batch plant, and the SWP3 related to the concrete batch plant(s) for the site) must be identified to inspect designated equipment and areas of the facility specified in the SWP3. The inspection frequency must be specified in the SWP3 based upon a consideration of the level of concrete production at the facility, but must be a minimum of once per month while the facility is in operation.The inspection must take place while the facility is in operation and must, at a minimum,include all areas that are exposed to storm water at the site,including material handling areas, above ground storage tanks, hoppers or silos, dust collection/containment systems, truck wash down and equipment cleaning areas. Follow-up procedures must be used to ensure that appropriate actions are taken in response to the inspections.Records of inspections must be maintained and be made readily available for inspection upon request. (d) Employee Training-An employee training program must be developed to educate personnel responsible for implementing any component of the SWP3,or personnel otherwise responsible for storm water pollution prevention,with the provisions of the SWP3. The frequency of training must be documented in the SWP3, and at a minimum, must consist of one training prior to the initiation of operation of the concrete batch plant. (e) Record Keeping and Internal Reporting Procedures - A description of spills and similar incidents,plus additional information that is obtained regarding the quality and quantity of storm water discharges,must be included in the SWP3. Inspection and maintenance activities must be documented and records of those inspection and maintenance activities must be incorporated in the SWP3. (f) Management of Runoff - The SWP3 shall contain a narrative consideration for reducing the volume of runoff from concrete batch plants by diverting runoff or otherwise managing runoff,including use of infiltration, detention ponds,retention ponds, or reusing of runoff. 3. Comprehensive Compliance Evaluation — At least once per year, one or more qualified personnel(i.e.,a person or persons with knowledge of this general permit,the concrete batch plant, and the SWP3 related to the concrete batch plant(s) for the site) shall conduct a compliance evaluation of the plant. The evaluation must include the following. (a) Visual examination of all areas draining storm water associated with regulated concrete batch plants for evidence of, or the potential for, pollutants entering the drainage system. These include but are not limited to: cleaning areas, material handling areas, above ground storage tanks, hoppers or silos, dust collection/containment systems,and truck wash down and equipment cleaning areas. Measures implemented to reduce pollutants in runoff(including structural controls and implementation of management practices)must be evaluated to determine if they are effective and if they are implemented in accordance with the terms of this permit ,..® Page 39 Construction General Permit TPDES General Permit TXR150000 and with the permittee's SWP3. The operator shall conduct a visual inspection of equipment needed to implement the SWP3, such as spill response equipment. (b) Based on the results of the evaluation,the following must be revised as appropriate within two weeks of the evaluation: the description of potential pollutant sources identified in the SWP3 (as required in Part IV.B.1., "Description of Potential Pollutant Sources");and pollution prevention measures and controls identified in the SWP3 (as required in Part IV.B.2., "Measures and Controls"). The revisions may include a schedule for implementing the necessary changes. (c) The permittee shall prepare and include in the SWP3 a report summarizing the scope of the evaluation,the personnel making the evaluation,the date(s)of the evaluation, major observations relating to the implementation of the SWP3,and actions taken in response to the findings of the evaluation. The report must identify any incidents of noncompliance. Where the report does not identify incidences of noncompliance,the report must contain a statement that the evaluation did not identify any incidence(s), and the report must be signed according to 30 TAC Section 305.128, relating to Signatories to Reports. (d) The Comprehensive Compliance Evaluation may substitute for one of the required inspections delineated in Part IV.B.2.(c) of this general permit. Section C. Prohibition of Wastewater Discharges Wastewater discharges associated with concrete production including wastewater disposal by land application are not authorized under this general permit. These wastewater discharges must be authorized under an alternative TCEQ water quality permit or otherwise disposed of in an authorized manner. Discharges of concrete truck washout at construction sites may be authorized if conducted in accordance with the requirements of Part V of this general permit. Part V. Concrete Truck Wash Out Requirements This general permit authorizes the wash out of concrete trucks at construction sites regulated under Sections II.E.1., 2., and 3. of this general permit, provided the following requirements are met. Authorization is limited to the land disposal of wash out water from concrete trucks that are associated with off-site production facilities. Wash out water associated with on-site concrete production facilities must be authorized under a separate TCEQ general permit or individual permit. 1. Direct discharge of concrete truck wash out water to surface water in the state, including discharge to storm sewers, is prohibited by this general permit. 2. Concrete truck wash out water shall be discharged to areas at the construction site where structural controls have been established to prevent direct discharge to surface waters,or to areas that have a minimal slope that allow infiltration and filtering of wash out water to prevent direct discharge to surface waters. Structural controls may consist of temporary berms, temporary shallow pits, temporary storage tanks with slow rate release, or other reasonable measures to prevent runoff from the construction site. (11.1*\ 3. Wash out of concrete trucks during rainfall events shall be minimized. The direct discharge Page 40 Construction General Permit TPDES General Permit TXR150000 of concrete truck wash out water is prohibited at all times,and the operator shall insure that its BMPs are sufficient to prevent the discharge of concrete truck washout as the result of rain. 4. The discharge of wash out water shall not cause or contribute to groundwater contamination. 5. If a SWP3 is required to be implemented,the SWP3 shall include concrete wash out areas on the associated map. Part VI. Retention of Records The permittee must retain the following records for a minimum period of three(3)years from the date that a NOT is submitted as required by Part ll.E.3. For activities in which an NOT is not required,records shall be retained for a minimum period of three(3)years from the date that the operator terminates coverage under Section II.F.3. of this permit. Records include: 1. A copy of the SWP3; 2. All reports and actions required by this permit, including a copy of the construction site notice; 3. All data used to complete the NOI, if an NOI is required for coverage under this general permit; and 4. All records of submittal of forms submitted to the operator of any MS4 receiving the discharge and to the secondary operator of a large construction site, if applicable. Part VII. Standard Permit Conditions 1. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the permit and statutes under which it was issued, and is grounds for enforcement action,for terminating coverage under this general permit,or for requiring a discharger to apply for and obtain an individual TPDES permit. 2. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee must furnish to the executive director,upon request and within a reasonable time,any information necessary for the executive director to determine whether cause exists for revoking, suspending,or terminating authorization under this permit. Additionally,the permittee must provide to the executive director,upon request,copies of all records that the permittee is required to maintain as a condition of this general permit. 3. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the permit conditions. 4. Inspection and entry shall be allowed under Texas Water Code Chapters 26-28,Texas Health and Safety Code §§361.032-361.033 and 361.037, and 40 Code of Federal Regulations (CFR) §122.41(i). The statement in Texas Water Code§26.014 that commission entry of a facility shall ,. occur according to an establishment's rules and regulations concerning safety,internal security,and Page 41 Construction General Permit TPDES General Permit TXR150000 fire protection is not grounds for denial or restriction of entry to any part of the facility or site,but merely describes the commission's duty to observe appropriate rules and regulations during an inspection. 5. The discharger is subject to administrative,civil,and criminal penalties,as applicable,under Texas Water Code§§26.136,26.212,and 26.213 for violations including but not limited to the following: a. negligently or knowingly violating the federal Clean Water Act(CWA),§§301, 302, 306, 307,308, 318,or 405,or any condition or limitation implementing any sections in a permit issued under CWA,§402,or any requirement imposed in a pretreatment program approved under CWA,§§402(a)(3) or 402(b)(8); b. knowingly making any false statement,representation,or certification in any record or other document submitted or required to be maintained under a permit, including monitoring reports or reports of compliance or noncompliance. 6. All reports and other information requested by the executive director must be signed by the person and in the manner required by 30 TAC§305.128 (relating to Signatories to Reports). 7. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. Part VIII. Fees 1. A fee of must be submitted along with the NOI: a. $325 if submitting a paper NOI,or b. $225 if submitting a NOI electronically. 2. Fees are due upon submission of the NOI. An NOI will not be declared administratively complete unless the associated fee has been paid in full. 3. No separate annual fees will be assessed. The Water Quality Annual fee has been incorporated into the NOI fees as described above. (1111 Page 42 Construction General Permit TPDES General Permit TXR150000 Appendix A: Automatic Authorization Periods of Low Erosion Potential by County—Eligible Date Ranges Andrews: Nov. 15-Apr.30 Kerr: Dec. 15-Feb. 14 Archer: Dec. 15-Feb. 14 Kimble: Dec. 15-Feb. 14 Armstrong: Nov. 15-Apr. 30 King: Dec. 15-Feb. 14 Bailey: Nov. 1 -Apr.30,or Nov. 15-May 14 Kinney: Dec. 15-Feb. 14 Baylor: Dec. 15-Feb. 14 Knox: Dec. 15-Feb. 14 Borden: Nov. 15-Apr.30 Lamb: Nov. 1 -Apr. 14,or Nov. 15-Apr.30 Brewster: Nov. 15-Apr.30 Loving: Nov. 1 -Apr.30,or Nov. 15-May 14 Briscoe: Nov. 15-Apr.30 Lubbock: Nov. 15-Apr.30 Brown: Dec. 15-Feb. 14 Lynn: Nov. 15-Apr.30 Callahan: Dec. 15-Feb. 14 Martin: Nov. 15-Apr. 30 Carson: Nov. 15-Apr.30 Mason: Dec. 15-Feb. 14 Castro: Nov. 15-Apr.30 Maverick: Dec. 15-Feb. 14 Childress: Dec. 15-Feb. 14 McCulloch: Dec. 15-Feb. 14 Cochran: Nov. 1 -Apr.30,or Nov. 15-May 14 Menard: Dec. 15-Feb. 14 Coke: Dec. 15-Feb. 14 Midland: Nov. 15-Apr.30 Coleman: Dec. 15-Feb. 14 Mitchell: Nov. 15 -Apr.30 Collingsworth: Jan. 1 -Mar.30,or Dec. 1 -Feb.28 Moore: Nov. 15-Apr.30 Concho: Dec. 15-Feb. 14 Motley: Nov. 15-Jan. 14,or Feb. 1 -Mar.30 Cottle: Dec. 15-Feb. 14 Nolan: Dec. 15-Feb. 14 Crane: Nov. 15-Apr.30 Oldham: Nov. 15-Apr.30 Crockett: Nov. 15-Jan. 14,or Feb. 1 -Mar.30 Parmer: Nov. 1 -Apr. 14,or Nov. 15-Apr.30 Crosby: Nov. 15-Apr.30 Pecos: Nov. 15 -Apr. 30 Culberson: Nov. 1 -May 14 Potter: Nov. 15-Apr. 30 Dallam: Nov. 1 -Apr. 14,or Nov. 15-Apr.30 Presidio: Nov. 1 -Apr.30,or Nov. 15 -May 14 Dawson: Nov. 15-Apr.30 Randall: Nov. 15-Apr.30 Deaf Smith: Nov. 15-Apr.30 Reagan: Nov. 15-Apr.30 Dickens: Nov. 15-Jan. 14,or Feb. 1 -Mar.30 Real: Dec. 15-Feb. 14 Dimmit: Dec. 15-Feb. 14 Reeves: Nov. 1 -Apr.30,or Nov. 15-May 14 Donley: Jan. 1 -Mar.30,or Dec. 1 -Feb.28 Runnels: Dec. 15-Feb. 14 Eastland: Dec. 15-Feb. 14 Schleicher: Dec. 15-Feb. 14 Ector: Nov. 15-Apr.30 Scurry: Nov. 15-Apr.30 Edwards: Dec. 15-Feb. 14 Shackelford: Dec. 15-Feb. 14 El Paso: Jan. 1 -Jul. 14,or May 15-Jul.31,or Jun. 1 -Aug. 14, Sherman: Nov. 15-Apr.30 or Jun. 15-Sept. 14,or Jul. 1 -Oct. 14,or Jul. 15-Oct.31,or Stephens: Dec. 15-Feb. 14 Aug. 1 -Apr.30,or Aug. 15-May 14,or Sept. 1 -May 30,or Sterling: Nov. 15-Apr.30 Oct. 1 -Jun. 14,or Nov. 1 -Jun.30,or Nov. 15-Jul. 14 Stonewall: Dec. 15-Feb. 14 Fisher: Dec. 15-Feb. 14 Sutton: Dec. 15-Feb. 14 Floyd: Nov. 15-Apr.30 Swisher: Nov. 15-Apr.30 Foard: Dec. 15-Feb. 14 Taylor: Dec. 15-Feb. 14 Gaines: Nov. 15-Apr.30 Terrell: Nov. 15-Apr.30 Garza: Nov. 15-Apr.30 Terry: Nov. 15-Apr.30 Glasscock: Nov. 15-Apr.30 Throckmorton: Dec. 15-Feb. 14 Hale: Nov. 15-Apr.30 Tom Green: Dec. 15-Feb. 14 Hall: Feb. 1 -Mar.30 Upton: Nov. 15-Apr.30 Hansford: Nov. 15-Apr. 30 Uvalde: Dec. 15-Feb. 14 Hardeman: Dec. 15-Feb. 14 Val Verde: Nov. 15-Jan. 14,or Feb. 1 -Mar. 30 Hartley: Nov. 15-Apr.30 Ward: Nov. 1 -Apr. 14,or Nov. 15-Apr.30 Haskell: Dec. 15-Feb. 14 Wichita: Dec. 15-Feb. 14 Hockley: Nov. 1 -Apr. 14,or Nov. 15-Apr.30 Wilbarger: Dec. 15-Feb. 14 Howard: Nov. 15-Apr.30 Winkler: Nov. 1 -Apr. 30,or Nov. 15-May 14 Hudspeth: Nov. 1 -May 14 Yoakum: Nov. 1 -Apr.30,or Nov. 15-May 14 Hutchinson: Nov. 15-Apr.30 Young: Dec. 15-Feb. 14 Irion: Dec. 15-Feb. 14 Wheeler: Jan. 1 -Mar.30,or Dec. 1 -Feb.28 Jeff Davis: Nov. 1 -Apr.30 or Nov. 15-May 14 Zavala: Dec. 15-Feb. 14 Jones: Dec. 15-Feb. 14 Kent: Nov. 15-Jan. 14 or Feb. 1 -Mar.30 Page 43 Construction General Permit TPDES General Permit TXR150000 Appendix B: 7 Erosivity Index (El) Zones in Texas Ft 9=1'LW Il .•IMT•Wri 6.'. .7''';'--' A;.:;:-..-:- • ik4- .. . ., - ,,,, . *.1,3,,ups.,,i if -4-1E-#4,-•- ..! f- '-.: 7-„_,- : - - h ; ,'2-1•:;••:a_-:--.-;•••••••• i 1---, r-•--',•a,,• l3 Si 4 r.,, .1!*•-aWl!'1, "3"--.4[1,--litir42" 6 .,,,,kIjkl.4M1___•Wr•••• '-_- •-......‘. :§:...:•...,1•,_!L.6 ,--;-, •as.-g'..fa , ',iv; ---- i.1 *, , l'' • .iir 1.asai!!*41'IP ."1 - IGO.ilia14 oil.•,...., ••-•"We,a ..•.• .. --. Lr, ''''''' •- 1.1 all ii'it kl- a•a•••.•ffaalfi !al••-'5e...:•"116•::•1%.•r ''i-P---7111m`f•'1•"''' ''1'4i .Ill pi lip - --, .47,-- .....,.„Ar- ,..i..ii.i•;F.5,- ..: \ - - :.. -M u.-v, . ' •• ., i,1 L Lial.,..1-""--j-""• 0.7"•7•:'••N tia 4. --,e I,,,4 qJC• ill • P*.-,',".'• "- •11I' '' •' .- •. '.!,:• •••• 1••-• z•••••_rjr•-,,:r•-.•'-•••$.tr• • •=-7'"••7.-.'_ICk::- :-..,.i.4. b o a:1.,ILL. ,I F. L.-a?.t.,-..„.. ilegT_'•!.•,--• '," ill• a*a :-..•illii"•A.: • _•-• • *' r'-'•••• •-::..-•:..-••74 . -.-:ri,, '''.+WI•-•4'il 4-ill 77i iii. 171V a"7',lir* 1-1-11`...w...=- . • ,. - - LI-..-'• , • ;,• L ...a•T' ',_F.-'_•• ••it,- I . -,31:': IL ."::•:::?-::-.:. '7.1 lk a•Waa a:a'..-. ''''':. --'•I. ':45--, -...-... ..' I ir ,1:%,. •-•-::§*'°:-:- ---...f,Ill•: :-..0„. ,,,,.,.,._ ,..,,, :,...- .,:,.F .,,,,,,.... . . 44..; .- 11 \ .1,4-1•1- ' -.It'. 1 ''' --:4E=K:•:;;E:;7‘it,.!: ' '4,- 41P.,II!-.4',':'lt•- , ;Ts.'.',-.-, .. ' '".. ---..--=_; F.f. -&[,7....„„-,',..?,...• -11,i-:4 go','-.61' "LE' .`-'1.i.4 IN E.".•i-,i L- .Mil TM'-•-:. -.---:--'-',.:-sumr-asecansr•,_a- • ... ......-.. a r al:La. ''-',..:1.;•-'-t- •••••"..'ai.. •:• ,..• :.:•;..;;;: ,. ....,a;•;;3.,..-. ,••••••b.,- •!imr --"=-, , - fi:-. I:•....Ili:• -,*;' ',".4•91 ,..•-".•-..."'"0.:1: 1t: 1::;. ;:.:.::::.4."..5._:::•1:::::a: Lthi•1",•+'"I.i.4.ar•i,'• lL•••E !',1V;g'- '- !'4'.':77 rr. -:: .":-'1".a.k44 11."i Z.,'.4.A.:r kil'ih' p ,'t :::' . . :72,1::":".. .F. I t r.11'41'11‘ '!1 '4. :11'tlE=1.17,,_2=71M1 iil r,. ...,-=, r=,..a.,..,:1;.,,t. .....,v,...?. ..,g,„s.it..ii F r. --,)r..t:- : 'i:-, 7,:-.. -•;:1•1.,:u.1-.3 1••••:a.•.• [smarm me-am t! a man as L. . L. .. ..i. ........,.... . ,....; t• tr--'-- •-•:".•":•• - . : -.,...0..;.: • Irk. .e.'71 ::-::II ..'"''' 76L1117=1%171110 : ...-'i•-7 443•;-' "'• '• =e••.• •----1, ,)ii-7 72.1-:m' 7- , '.. ,,- :i*:.5,!...2,i.S..4...I.:••7Ir;-.c.1.3f:+iL•7,-.,:., ,,_:. :I.,E7. 7,17,..7. 7. .„.•em• .:- •:P: ,-.._1. ,...,.L...I.;k ,--criaim L.• .,-w7 ,,,,,,•!.••''::•,-.7*• -i'-',•;:-'77=-• 7••:.,..1];.::: cl':,_,..-,.•,,-: ..,4'" 07___,'-wF1 ',_, .,;- •• ••*".-' raj * •' Aingi •,,.,., _ P. ••`°- b aii. ...- .. I.,.-a•-•"..-.•a",.;,F1.:21.-.1.-V, ....5-• ii,L L i• it7., 7171'7.,.....t•....... . 1••:_. L..!1-&.7..;--.... ••.,-,43*-4°:,12.,, _ LI '*,1..1..'L-, Oil.i:.ii,...i- '-„,is,,..i.-,-. • ' • ,., a . ....2.2....r..., , ,,,,,,pkic •071-.7 1.-t-l'Il,I.' 41"--. -_:ii•L 1.•in.1.41.i..:..,4- •••.•••••1'•'' : .•••. ..,:.,, 1' •I 1'I if-lip ra- 7-4..- ' '-- •. .= :Li;1.I'••• t•Ilali.61.••;i-i' :- -.-.1 2 M.,', ?.L .-.7.1.le. ,- .. • •...: . .4,1 . - , ._ ' .- ,.......r".. ;.`i. a.ill ii 6,,:.'- T. ...a.?, ;-.m:F,1=2 11 • -, ," -•.1, 1,4,4 1 g.;7•I ,,,- , ,IL _ • •• •tiialit° .',..R••• ":',.- -,,4-. .-.. ... -A _ s4 4.-- ,i a•-• . ,- •Ll.',%Lb.a•- - •'.'-'.'•1te -:-.,:0.;•-•1‘.. _.1 ..41, •,,.AL,." , :1.:: L.. .. • 7:11. •-.II! .,,iii 4,,", -'--, -::•:='..i°, - 7'.7.10.1-:":I.- --•L'-' -:'-- --tt. .,....'%..- -'i:;-:% : i::;': !-'4 41 111 El i ri il.'--41.1 .1------------,-...----,., ,-,-- rirAii a. - 4 , , ,Et i g;,,i L %•:.•I V 11°"--'' -,--!--77.------'1.--.7---,„..,--„,--7-7-„-_,A., ,,:.•,....,•:...• „:.... .,_.,.,,,_,jer,,_, ,_., . . .. ....,:.............., ,...,.. ...... ,, ,i.r ,_ r -• r •.a -• '• --.*- !.-mi ., , r. -17-..="=_. .,"••:•''';-;*. "IP':rZ_,, -.: " 11'-'• 'r '8 -. . , . " -_ .- ' ,reir L - r- um.r F,,,,firl!, •••••:1",• * i ;••.": Vr - 13 113 • • • G. ..'=•41.• -.:: **.•-•'•:;":%'-••-•.-'-••....,Virlirr:a•r'..!:--1•L• --; • '''.:Z'':;.-.;•"E".:•::::-.: .;r4-1,7'1.-r:•.'2- --• :" • '' ,`77,/.:0%.:,.." .,::::4°:71:1'..":- 0 . -7 ,• , fiV ' :4':•:.:1?Sk.:•:::::::',:::ti,••=1:::Ii"":I, - --N'Y':•174'..=••::;::...t.1. . -- 1::•:•;•.' ::%•':;k.."'•,:r. ••. -,. ...C.:.N.:':in:5•:•-,f,;.,. '.-,, .2'Pi7:::"4:::.'•:,int*AL!:.. 74;:.,:::: .:-43.•:-. • --• :1/4%:",:::1 Fr.:$1*- --; Adapted from Chapter 2 of USDA Agriculture Handbook 703: "Predicting Soil Erosion by Water:A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture,Agricultural Research Service cow\ Page 44 Construction General Permit TPDES General Permit TXR150000 Appendix C: Isoerodent Map '- ) , - In �� ... ,g as' i�®�` i _ ® . i .a o,,,,... filniiirillikildrilltaillansaill% rj, Irrii lrktgAEillitirjra rale 1%44 IMMWAlliim#'-"`ilE4, .,:ileszliwg pm lavisivialivapirierreirT ' '-',1111111111111141,01TardiArlaraWiliPitiRti lillatogrAPII litrilki '' ,_;;)\ 1 -Illilli a '-ems 0 in,eaSEM III e - jirriti . ,t"', -- . IllilditinirliPirsorAtitigroPillgia ' - 111 - - 1117BWMPINifilintitatiOAVIr,littrePeo,.- ... if Arifeltill lb. .! 44,11V0preti411 V -,071 1!), - , i. rill . Iti *mho, , 1 . irrolo ".104...p.wsiartisik. ao--44*-4111,011111"aiier104,16041°.°Sia- Viriii.19' 0NI6i i-.ll &aimraail ti gr. 4-oAirrik,itt'i tr.ts. dif,i _ i p Ot i l).'4 I '�. try: . ,.. 4° - i -P-16 iiatvlo** 4141Poi % 9°' fave 175: fittifillerlit Ti% - ,.!-.'rim eitiorli:t • Adapted from Chapter 2 of USDA Agriculture Handbook 703: "Predicting Soil Erosion by Water:A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture,Agricultural Research Service Page 45 Construction General Permit TPDES General Permit TXR150000 Appendix D: Erosivity Indices for EI Zones in Texas Periods: 1/1 1/15 2/1 2/15 3/1 3/15 4/1 4/15 5/1 5/15 6/1 6/15 7/1 7/15 8/1 8/15 9/1 9/15 10/1 10/15 11/1 11/15 12/1 12/15 89 0 0 1 1 2 3 4 7 12 18 27 38 48 55 62 69 76 83 90 94 97 98 99 100 90 0 1 2 3 4 6 8 13 21 29 37 46 54 60 65 69 74 81 87 92 95 97 98 99 91 0 0 0 0 1 1 1 2 6 16 29 39 46 53 60 67 74 81 88 95 99 99 100 100 92 0 0 0 0 1 1 1 2 6 16 29 39 46 53 60 67 74 81 88 95 99 99 100 100 W93 0 1 1 2 3 4 6 8 13 25 40 49 56 62 67 72 76 80 85 91 97 98 99 99 94 0 1 2 4 6 8 10 15 21 29 38 47 53 57 61 65 70 76 83 88 91 94 96 98 95 0 1 3 5 7 9 11 14 18 27 35 41 46 51 57 62 68 73 79 84 89 93 96 98 96 0 2 4 6 9 12 17 23 30 37 43 49 54 58 62 66 70 74 78 82 86 90 94 97 97 0 1 3 5 7 10 14 20 28 37 48 56 61 64 68 72 77 81 86 89 92 95 98 99 106 0 3 6 9 13 17 21 27 33 38 44 49 55 61 67 71 75 78 81 84 86 90 94 97 * Each period begins on the date listed in the table above and lasts until the day before the following period. The final period begins on December 15 and ends on December 31. Table adapted from Chapter 2 of USDA Agriculture Handbook 703: "Predicting Soil Erosion by Water:A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture,Agricultural Research Service (11111' Page 46 Construction General Permit TPDES General Permit TXR150000 Attachment 1 ''') Nikki [IWO' MOM NEI SMALL CONSTRUCTION SITE NOTICE: LOW POTENTIAL FOR EROSION FOR THE Texas Commission on Environmental Quality(TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part II.E.1. of the TCEQ General Permit Number TXR150000 for discharges of storm water runoff from small construction sites automatically authorized based on low rainfall erosivity. Additional information regarding the TCEQ storm water permit program may be found on the internet at: http://www.tceq.state.tx.us/nav/permits/wq construction.html Operator Name: Contact Name and Phone Number: Project Description: (Physical address or description of the site's location, estimated start date and projected end date,or date that disturbed soils will be stabilized) For Small Construction Sites Authorized Under Part II.E.1.,the following certification must be completed: I (Typed or Printed Name Person Completing This Certification)certify under penalty of law that I have read and understand the eligibility requirements for claiming an automatic authorization based on low rainfall erosivity under Part II.E.1. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. Construction activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit for this county,that period beginning on and ending on . I understand that if construction activities continue past this period,all storm water runoff must be authorized under a separate provision of the general permit.A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part II.F.3. Attachment 2 Page 47 Construction General Permit TPDES General Permit TXR150000 (111.b\ SMALL CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality(TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part H.E.2.of the TCEQ General Permit Number TXR150000 for discharges of storm water runoff from small construction sites. Additional information regarding the TCEQ storm water permit program may be found on the internet at: http://www.tceq.state.tx.us/nav/permits/wq construction.html Operator Name: Contact Name and Phone Number: Project Description: Physical address or description of the site's location, estimated start date and projected end date, or date that disturbed soils will be stabilized • Location of Storm Water Pollution Prevention Plan: For Small Construction Activities Authorized Under Part II.E.2.(Obtaining Authorization to Discharge)the following certification must be completed: I (Typed or Printed Name Person Completing This Certification)certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.D.2. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A storm water pollution prevention plan has been developed and will be implemented prior to construction,according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges,including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part II.F.3. Page 48 Construction General Permit TPDES General Permit TXR150000 Attachment 3 WNW '41111111.1111 MVP Nei EIM LARGE CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality(TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 "SECONDARY OPERATOR " NOTICE This notice applies to secondary operators of construction sites operating under Part II.E.3. of the TPDES General Permit Number TXR150000 for discharges of storm water runoff from construction sites equal to or greater than five acres,including the larger common plan of development. The information on this notice is required in Part III.E.2. of the general permit. Additional information regarding the TCEQ storm water permit program maybe found on the internet at: http://www.tceq.state.tx.us/nav/permits/sw_permits.html Site-Specific TPDES Authorization Number: Operator Name: Contact Name and Phone Number: Project Description: Physical address or description of the site's location, and estimated start date and projected end date, or date that disturbed soils will be stabilized. Location of Storm Water Pollution Prevention Plan(SWP3): For Large Construction Activities Authorized Under Part II.E.3.(Obtaining Authorization to Discharge)the following certification must be completed: I (Typed or Printed Name Person Completing This Certification)certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.E.2. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A storm water pollution prevention plan has been developed and will be implemented prior to construction,according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges,including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part ILF.3. Page 49 Construction General Permit TPDES General Permit TXR150000 Attachment 4 mow !IrillIMIN111111111111 _! ram;: ANN • LARGE CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality(TCEQ) Storm Water Program TPDES GENERAL PERMIT TXR150000 "PRIMARY OPERATOR"NOTICE This notice applies to construction sites operating under Part II.E.3.of the TPDES General Permit Number TXR150000 for discharges of storm water runoff from construction sites equal to or greater than five acres, including the larger common plan of development. The information on this notice is required in Part III.E.2. of the general permit. This notice shall be posted along with a copy of the signed Notice of Intent(NOI),as applicable. Additional information regarding the TCEQ storm water permit program may be found on the internet at: http://www.tceq.state.tx.us/nav/permits/sw permits.html Site-Specific TPDES Authorization Number: Operator Name: Contact Name and Phone Number: Project Description: Physical address or description of the site's location, and estimated start date and projected end date, or date that disturbed soils will be stabilized. Location of Storm Water Pollution Prevention Plan: Page 50 CITY OF PEARLAND SITE PREPARATION Section 02200 SITE PREPARATION 1.0 GENERAL 1.01 SECTION INCLUDES A Removal of topsoil, stripping and stockpiling, clearing and grubbing. B Removal and disposal of waste materials, excess materials, debris and trash. C Removal of obstructions. D Excavation and fill. E Salvaging of designated item. F References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01450—Testing Laboratory Services 4. Section 01500—Temporary Facilities and Controls 5. Section 02255—Bedding, Backfill and Embankment Material 6. Section 02330—Embankment 7. Section 01140—Contractor's Use of Premises G Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. B If Site Preparation is included as a Bid Item, measurement will be based on the Units shown in Section 00300 — Bid Proposal and in accordance with Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit embankment material sources and product quality information in accordance this Section. 07/2006 02200- 1 of 4 CITY OF PEARLAND SITE PREPARATION 1.04 TESTING A Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450—Testing Laboratory Services and as specified in this Section. 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. 2.0 PRODUCTS 2.01 MATERIALS A Contractor shall provide materials used as embedment, backfill, back-dressing, and embankment identified on the Plans in accordance with Section 02255 — Bedding, Backfill and Embankment Material. 3.0 EXECUTION 3.01 CLEARING AND GRUBBING. (11.11'\ A Clear Project Site of trees,shrubs,and other vegetation,except for those designated by Owner to be left standing. B Use only hand methods for grubbing inside drip line of trees designated to remain. C Completely remove stumps,roots,and other debris protruding through ground surface. 1. On areas required for roadway, channel, or structural excavation, remove stumps, 2" diameter or larger limbs and roots, to depth of 2 feet below lower elevation of excavation. 2. On areas required for embankment construction, remove 2" diameter limbs, stumps and roots to depth of 2 feet below ground surface 3. Trees and stumps may be cut off as close to natural ground as practicable on areas which are to be covered by at least 3 feet of embankment D Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 6 inches loose depth,and thoroughly compact to density equal to adjacent original ground. E Complete operations by bulldozing,blading,and grading so that prepared area is free of holes, unplanned ditches, abrupt changes in elevations and irregular contours, and preserve drainage of area. 1. Blade entire area to prevent ponding of water and to provide drainage,except in areas to be immediately excavated 07/2006 02200-2 of 4 CITY OF PEARLAND SITE PREPARATION 3.02 TOPSOIL STRIPPING AND STOCKPILING A Obtain approval of topsoil quality before excavating and stockpiling. B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated. C Topsoil Stripping: 1. Remove growths of grass from areas before stripping. 2. Topsoil is defined as surface soil found of depth of not less than 4 inches. 3. Strip topsoil to depths encountered. 4. Perform stripping in a manner to prevent intermingling of topsoil with underlying sterile subsoil and remove objectionable materials,including clay lumps, stones over 2 in. in diameter, weeds, roots, leaves, and debris. 5. Where trees are designated by Owner to be left standing,stop topsoil stripping at extreme limits of tree drip line to prevent damage to main root system. D Topsoil Stockpiling: 1. Stockpile in areas designated on Plans. 2. Construct storage piles to freely drain surface water. 3. Cover storage piles,if required to prevent wind-blown dust. 4. Stockpile topsoil to depth not exceeding 8 feet. Stockpile in a manner to prevent erosion. 3.03 UNSUITABLE MATERIAL A Undercut, remove, and replace material which Engineer designates as unsuitable for subsequent construction. B Material used to replace unsuitable material shall be suitable material from site excavation or as indicated on Plans. 3.04 EXCAVATION AND FILL A Depressed site areas shall be filled using material from high areas, insofar as practicable. B When fill obtained from high areas is exhausted, fill to indicated rough grade elevations under roadways with"Structural Fill"and open areas not under structures or roadways with"General Fill", or as indicated on Plans. C Place and compact fill in accordance with Section 02330—Embankment. 3.05 SALVAGEABLE ITEMS AND MATERIAL A Items designated by Engineer to be salvaged are to be carefully removed,so as to cause no damage to the salvaged items and delivered to Owner's storage yard. 07/2006 02200-3 of 4 CITY OF PEARLAND SITE PREPARATION 3.06 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. END OF SECTION 07/2006 02200-4 of 4 CITY OF PEARLAND SITE DEMOLITION Section 02220 SITE DEMOLITION 1.0 GENERAL 1.01 SECTION INCLUDES A Demolishing and removing existing pavements, structures, equipment and materials only to the extent as indicated on the Plans. B Removing concrete paving, asphaltic concrete pavement, and base courses. C Removing concrete curbs, concrete curb and gutters, sidewalks and driveways. D Removing pipe culverts and sewers. E Removing miscellaneous structures of wood, plastics, metals, concrete, masonry, or combination of concrete and masonry, etc. F Disposing of demolished materials and equipment. G References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01500—Temporary Facilities and Control 4. Section 01100—Summary of Work 5. Section 01730—Cutting and Patching 6. Section 01140—Contractor's Use of Premises 7. Section 01562—Waste Material Disposal 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for removing and disposing of existing pavement and structures under this Section. Include cost for removing and disposing of existing pavement and structures in Bid Items for which this Work is a component. B If indicated as a Bid Item,measurement will be as follows: 1. Measurement for removing and disposing of concrete base and surfacing,and removing asphaltic surfacing,is on a square yard basis measured between lips of gutters. 2. Measurement for removing and disposing of cement stabilized shell base course, with or without asphalt surfacing, is on a square yard basis. 3. Measurement for removing and disposing of concrete base and surfacing with curbs,is on a square yard basis measured from back to back of curbs. Payment includes removal of all base,asphaltic surfacing,concrete pavement,esplanade curbs, curb and gutters, and paving headers. 04/2008 02220- 1 of 5 CITY OF PEARLAND SITE DEMOLITION 4. Measurement for removing and disposing of concrete pavement is on a square yard basis measured from back to back of curbs. 5. Measurement for removing and disposing of monolithic curb and gutter, removing monolithic concrete curb,and removing concrete curb,is on a lineal foot basis measured along the face of the curb. 6. Measurement for removing and disposing of concrete sidewalk and driveway is on a square yard basis. 7. Measurement for removing and disposing of miscellaneous concrete and masonry removal is on a cubic yard basis of the structure in place. 8. Measurement for removing and disposing of pipe culverts and sewers is on a lineal foot basis for each diameter of type of pipe removed. 9. Measurement for removing and disposing of unlisted materials shall be on the lump sum basis. C No payment will be made for work outside maximum payment limits indicated;on Plans, or in areas removed for Contractor's convenience. D Refer to Section 01200—Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit proposed methods, equipment, materials and sequence of operations for demolition. Describe coordination for shutting off,capping,and removing temporary utilities. Plan operations to minimize temporary disruption of utilities to existing facilities or adjacent property. C Submit proposed demolition and removal schedule for approval. Notify Engineer in writing at least 48 hours before starting demolition. D Submit an approved copy of demolition schedule to Engineer prior to commencement of demolition operations. E Obtain a permit for building demolition, as required. 1.04 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. B The Contractor shall be responsible for safety and integrity of adjacent structures and shall be liable for any damage due to movement or settlement. Provide proper framing and shoring necessary for support. Cease operations if an adjacent structure appears to be endangered. Resume demolition only after proper protective measures have been taken. 04/2008 02220-2 of 5 CITY OF PEARLAND SITE DEMOLITION 1.05 OWNERSHIP OF MATERIAL AND EQUIPMENT A Materials and equipment designated for reuse or salvage are listed in Section 01100— Summary of Work. Protect items designated for reuse or salvage from damage during demolition, handling and storage. Restore damaged items to satisfactory condition. B Materials and equipment not designated for reuse or salvage become the property of the Contractor. 1.06 STORAGE AND HANDLING A Store and protect materials and equipment designated for reuse until time of installation. B Deliver and unload items to be salvaged to storage areas indicated on Plans. C Remove equipment and materials not designated for reuse or salvage and all waste and debris resulting from demolition from site. Remove material as work progresses to avoid clutter. 2.0 PRODUCTS 2.01 EQUIPMENT AND MATERIALS FOR DEMOLITION A Use equipment and materials approved as prescribed in this Section, 1.03"Submittals'. "."4•1, B Use of a"drop hammer" must have the Engineer's prior approval. 3.0 EXECUTION 3.01 EXAMINATION A Prior to demolition, make an inspection with Engineer to determine the condition of existing structures and features adjacent to items designated for demolition. B Engineer will mark or list existing equipment to remain the property of the Owner. C Do not proceed with demolition or removal operations until after the joint inspection and subsequent authorization by Engineer. D Stop demolition and notify Engineer if underground fuel storage tanks, asbestos, PCB's, contaminated soils, or other hazardous materials are encountered. 3.02 UTILITY SERVICES A Follow rules and regulations of authorities or companies having jurisdiction over communications,pipelines, and electrical distribution services. B Notify and coordinate with utility company and adjacent building occupants when temporary interruption of utility service is necessary. 04/2008 02220-3 of 5 CITY OF PEARLAND SITE DEMOLITION C When required by the Work, cutting, patching, and fitting of Work to existing facilities,accommodating installation or connection of Work with existing facilities,or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730—Cutting and Patching 3.03 MECHANICAL WORK ITEMS A Mechanical removals consist of dismantling and removing existing piping, pumps, motors,water tanks,equipment and other appurtenances. It includes cutting,capping, and plugging required to restore use of existing utilities. B Remove existing process, water,chemical,gas,fuel oil and other piping not required for new work. Take out piping to the limits shown or to a point where it will not interfere with the new work. Piping not indicated to be removed or which does not interfere with new work shall be removed to the nearest solid support,capped,and the remainder left in place. Purge chemical and fuel lines and tanks. Verify that such lines are safe prior to removal or capping. C Where piping that is to be removed passes through existing walls,cut and cap piping on each side of the wall. Use cap appropriate for pipe material to be capped. Provide fire-rated sealant for walls classified as fire-rated. D When underground piping, which is not located in the public right-of-way, is to,be egw altered or removed,cap the remaining piping. Abandoned underground piping may be left in place unless it interferes with new work or is shown or specified to be removed. Piping less than 15 inches in diameter may be plugged and abandoned in place. For piping 15 inches in diameter and greater to be abandoned,fill with sand,pressure grout or other approved method and plug with concrete or brick masonry bulkhead. E Remove waste and vent piping to points shown. Plug pipe and cleanouts and plugs. Where vent stacks pass through an existing roof that is to remain,remove the stack and patch the hole in the roof,making it watertight. Comply with requirements of existing roof installer so as to maintain roof warranty. F Conform to applicable codes when making any changes to plumbing and heating systems. 3.04 ELECTRICAL WORK ITEMS A Electrical removals consist of disconnecting and removing existing switchgear, distribution switchboards,control panels,bus duct,conduits and wires,panel boards, lighting fixtures, and miscellaneous electrical equipment. B Remove existing electrical equipment and fixtures to prevent damage to allow continued operation of existing systems and to maintain the integrity of the grounding systems. 04/2008 02220-4 of 5 CITY OF PEARLAND SITE DEMOLITION C Remove poles and metering equipment, if designated for removal on the Plans. Coordinate electrical removals with the power company, as necessary. Verify that power is properly de-energized and disconnected. D Where shown or otherwise required, remove wiring in underground duct systems. Verify function of wiring before disconnecting and removing. Plug ducts which are not to be reused at entry to buildings. E Changes to electrical systems shall conform to applicable codes. 3.05 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. B Remove from the site all items contained in or upon the structure not designated for reuse or salvage in accordance with this Section and Section 01562—Waste Material Disposal. C Follow method of disposal as required by regulatory agencies. END OF SECTION 04/2008 02220-5 of 5 CITY OF PEARLAND HYDROMULCH SEEDING Section 02921 HYDROMULCH SEEDING 1.0 GENERAL 1.01 SECTION INCLUDES A Seeding, fertilizing, mulching, and maintaining areas of commercial, industrial, or undeveloped land disturbed during construction and not paved or designated to be paved, or as indicated on Plans. B References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01500—Temporary Facilities and Controls 4. Section 02910—Topsoil 5. Section 02255—Bedding,Backfill, and Embankment Materials 6. Section 01140—Contractor's Use of Premises 1.02 MEASUREMEN AND PAYMENT A Measurement for hydromulch seeding is on a per acre basis,measured and complete in place. B Payment for hydromulch seeding shall include all labor, materials, equipment, and preparation necessary for application and maintenance. C No payment shall be made for hydromulch seeding used in restoration of areas disturbed by Contractor outside the limits of construction. D Refer to Section 01200—Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit certification from supplier that each type of seed conforms to these specification requirements and the requirements of the Texas Seed Law. Certification shall accompany seed delivery. C Submit a certificate stating that fertilizer complies with these specification requirements and the requirements of the Texas Fertilizer Law. 1.04 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. 07/2006 02921 - 1 of 4 CITY OF PEARLAND HYDROMULCH SEEDING 2.0 PRODUCTS 2.01 MATERIALS A Topsoil: Conform to material requirements of Section 02910—Topsoil. B Bank Sand: Conform to material requirements of Section 02255—Bedding,Backfill, and Embankment Materials. C Seed: Conform to U.S.Department of Agriculture rules and regulations of the Federal Seed Act and the Texas Seed Law. Seed shall be certified 90 percent pure and furnish 80 percent germination and meet the following requirements: 1. Rye: Fresh, clean, Italian rye grass seed (lollium multi-florum), mixed in labeled Proportions. As tested, minimum percentages of impurities and germination must be labeled. Deliver in original unopened containers. 2. Bermuda: Extra-fancy, treated, lawn type common bermuda (Cynodon dactylon). Deliver in original,unopened container showing weight, analysis, name of vender, and germination test results. 3. Wet, moldy, or otherwise damaged seed will not be accepted. D Fertilizer:Dry and free flowing,inorganic,water soluble commercial fertilizer,which is uniform in composition. Deliver in unopened containers which bear the manufacturers guaranteed analysis. Caked,damaged,or otherwise unsuitable fertilizer will not be accepted. Fertilizer shall contain minimum percentages of the following elements: J Nitrogen: 10 Percent Phosphoric Acid: 20 Percent Potash: 10 Percent E Mulch:Virgin wood cellulose fibers from whole wood chips having a minimum of 20 percent fibers 0.42 inches(10.7 mm)in length and 0.01 inches(0.27 mm)in diameter. Mulch shall be dyed green for coverage verification purposes. F Soil Stabilizer: "Terra Tack" 1 or approved equal. G Weed control agent: Pre-emergent herbicide for grass areas, "Benefin" or approved equal. 3.0 EXECUTION 3.01 PREPARATION A Do not start or perform work under conditions that are not satisfactory to perform tasks due to inclement or impending inclement weather. B After the areas to receive hydromulch seeding have been brought to grade,rake out any foreign organic or inorganic material, including stones, hard clay lumps, and other debris. 07/2006 02921 -2 of 4 CITY OF PEARLAND HYDROMULCH SEEDING C Level with Bank Sand or Topsoil, as approved by the Engineer. D Loosen the subgrade by discing or by scarifying to a depth of at least 4 inches. E Place and compact a layer of topsoil in accordance with requirements of Section 02910 —Topsoil. F Surface of topsoil shall be smooth and free of weeds,rocks,and other foreign material immediately before applying hydromulch seeding. 3.02 APPLICATION A Seed: Apply uniformly at the following rates for type of seed and planting date: APPLICATION pLANTING TYPE RATE DATE POUNDS/A Hulled Common Bermuda Grass 98/88 40 Unhulled Common Bermuda Grass 98/88 40 Jan 1 to Mar 31 Hulled Common Bermuda Grass 98/88 40 Apr 1 to Sep 30 Hulled Common Bermuda Grass 98/88 40 Unhulled Common Bermuda Grass 98/88 40 Oct 1 to Dec 31 Annual Rye Grass(Gulf) 30 (16\ B Fertilizer: Apply uniformly at a rate of 500 pounds per acre. C Mulch: Apply uniformly at a rate of 50 pounds per 1000 square feet. D Soil stabilizer: Apply uniformly at a rate of 40 pounds per acre. E Weed control agent: Apply at manufacturer's recommended rate prior to Hydromulching. F Suspend all operations under conditions of drought,excessive moisture,high winds,or extreme or prolonged cold. Obtain the Engineer's approval before resuming operations. 3.03 MAINTENANCE A Maintain grassed areas by watering,fertilizing, weeding,and trimming as required to establish and sustain 70% acceptable vegetative cover. B For areas seeded in the fall, continue maintenance the following spring until an acceptable lawn is established. 3.04 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. 07/2006 02921 -3 of 4 CITY OF PEARLAND HYDROMULCH SEEDING 3.05 PROTECTION OF THE WORK A Protect and maintain grassed areas a minimum of 90 days, or as required to establish an acceptable lawn. B Once a lawn is established,protect and maintain it until completion of the Work. C Replace seeded areas damaged by Contractor's operations at no cost to Owner. END OF SECTION 07/2006 - 02921 -4 of 4