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R-2014-150 2014-11-24 RESOLUTION NO. R2014-150 A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for construction services, associated with the SH35 Water Line Project to Reddico Construction Company in the amount of $1,767,071.75. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That bids were obtained for the construction of the SH 35 Water Line Project. Section 2. That the City Council hereby awards a bid to the Reddico Construction Company, in the total amount of$1,767,071.75. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction of the SH 35 Water Line Project. PASSED, APPROVED and ADOPTED this the 8th day of December, A.D., 2014. :3eni r2F--4-? TOM REID MAYOR ATTEST: / `.......�,,,,.'', Q .... . . /.lam'. <<! -.AL. Y• NGLe� '`�'G, T�' C / Z % Project Manual for State Highway 35 — 16" Waterline From FM 518 to Magnolia Road ism ilfll H�ilM T EX A S Bid No. : 1015-03 October 2014 Prepared By: o°odooaeaac BROWN&GAY d C ‘P�E Texgs°d = ENGINEERS •: °o 111111 :* J.W. JOHNSON, JR. TBPE Registration No. F-1046 ago• 83722 ;mac ed 10777 Westheimer,Suite 400 ®—(<• �CENS�. S sss,Houston,Texas 77042 U '4°, AL 281-558-8700 IN ' ` ��`° ° (s f 231i4- Brown & Gay Engineers, Inc. F-1046 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS Note: The City of Pearland Standard Specification sections can be downloaded from the City's website: http://pearlandtx.gov/departments/engineering-and-capital-projects/engineering/standard- construction-documents SECTION TITLE DIVISION 0—BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 00200 Instructions to Bidders 00300 Bid Proposal 00500 Standard Form of Agreement 00610 Performance Bond 00611 Payment Bond 00612 One-Year Maintenance Bond 00615 Partial Waiver of Lien 00700 General Conditions of Agreement 00800 Special Conditions of Agreement 00811 Wage Scale for Engineering Construction 00900 Addenda No. 1 and No. 2 DIVISION 1 —GENERAL REQUIREMENTS 01100 Summary of Work 01140 Contractor's Use of Premises 01200 Measurement and Payment Procedures 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01380 Construction Photographs 01420 Referenced Standards 01430 Contractor's Quality Control 01440 Inspection Services 01450 Testing Laboratory Services 01500 Temporary Facilities and Controls 01505 Mobilization 01550 Stabilized Construction Exit 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01561 Reinforced Filter Fabric Barrier 01562 Waste Material Disposal 01563 Tree and Plant Protection 01564 Control of Ground Water and Surface Water 01565 TPDES Requirements 00010- 1 of 3 CITY OF PEARLAND TABLE OF CONTENTS 01566 Source Controls for Erosion and Sedimentation 01570 Trench Safety System 01580 Project Identification Signs 01600 Material and Equipment 01630 Product Options and Substitutions 01720 Field Surveying 01750 Starting Systems 01760 Project Record Documents 01770 Contract Closeout DIVISION 2—SITE WORK 02200 Site Preparation 02220 Site Demolition 02252 Cement Stabilized Sand 02255 Bedding, Backfill, and Embankment Materials 02313S Utility Horizontal Directional Drilling 02316 Excavation and Backfill for Roadways 02318-S Excavation and Backfill for Utilities - Supplement 02318 Excavation and Backfill for Utilities 02335 Subgrade 02370 Geotextile 02415 Augering Pipe or Casing for Sewers 02417 Augering Pipe or Casing for Water Lines 02510 Water Mains 02511 Water Meters 02512 Polyethylene Wrap 02514 Fire Hydrant Assembly 02515 Water Tap and Service Line Installation 02520 Valve Boxes, Meter Boxes, and Meter Vaults 02530 Gravity Sanitary Sewers 02531 Sanitary Sewer Service Leads or Reconnections 02535 Fusible PVC Pipe 02540 Tapping Sleeves and Valves 02541 Water and Wastewater Line Valves 02542 Concrete Manholes and Accessories 02582 Thermoplastic Pavement Markings 02603 Frames, Grates, Rings, and Covers 02628 Jacking Pipe or Box 02633 Adjusting Manholes, Inlets, and Valve Boxes 02634 Ductile Iron Pipe and Fittings 02635 Steel Pipe and Fittings 02636 Polyurethane Coating on Steel or Ductile Iron Pipe 02710 Base Course for Pavement 02741 Asphaltic Concrete Pavement 02742 Prime Coat 02743 Tack Coat 02744 Single Course Surface Treatment 02751 Concrete Pavement 00010-2of3 CITY OF PEARLAND TABLE OF CONTENTS 02762 Temporary and Removable Reflectorized Pavement Marking 02770 Curb, Curb & Gutter, and Headers 02771 Concrete Sidewalks 02775 Concrete Driveways 02821 Chain Link Fences and Gates 02910 Topsoil 02921 Hydromulch Seeding 02922 Sodding 02931 Landscape and Tree Planting 02980 Pavement Repair and Resurfacing 02981 Blast Cleaning of Pavement DIVISION 3 -CONCRETE 03300 Cast In Place Concrete 03310 Structural Concrete TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) SPECIFICATIONS Item 247 Flexible Base Item 340 Dense-Graded Hot-Mix Asphalt(Method) Item 360 Concrete Pavement Item 421 Hydraulic Cement Concrete Item 440 Reinforcing Steel Item 530 Intersections, Driveways, and Turnouts EXHIBIT A—GEOTECHNICAL ENGINEERING STUDY END OF SECTION 00010-3 of 3 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS Lowest Responsible Bidder Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: https://pearland.ionwave.net/Login.aspx. All interested Bidders are required to register as a "supplier" on the City's E-bid System at the above web address and clicking on "Supplier Registration". Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date. However, submission of an E-bid requires completing a short registration questionnaire found on this web site. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services,New (Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy(Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebids@pearlandtx.gov. All Bids submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Bids, shall be submitted on the form provided in the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 2:00 p.m., Tuesday, November 18, 2014. All Bids shall reference the following project information in the appropriate locations in provided electronic format. All properly submitted bids shall be publicly "opened" and read aloud into the public record following the closing of the acceptance period for the construction of: State Highway 35 - 16" Waterline City of Pearland, Texas COP PN: WA1302 BID NO.: 1015-03 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 November, 11, 2014. The project will entail the construction of 16-inch, 12-inch and 8-inch diameter water lines, including appurtenances, from FM 518 to Magnolia Road. 05-2014 00100- 1 of 3 CITY OF PEARLAND INVITATION TO BID Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to, all transmittals and material submittals, RFI's, RFC's, Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer. This system has certain hardware, interne access and operation requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200. Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: https://pearland.ionwave.net/Login.aspx upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. 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 05-2014 00100-2 of 3 CITY OF PEARLAND INVITATION TO BID scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Nondiscrimination: The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Selection Criteria: The Contract is to be awarded on the basis of Lowest Responsible Bidder. In identifying this criteria the City will consider: 1) lowest total bid price for all work listed and specifically requested, including but not limited to: Base Bid, Extra Work items and selected Alternates. The City of Pearland reserves the right to award a contract based on any combination of the above considered to be in its best interests or to reject any or all bids. A bid that has been "opened" may not be changed for the purposes of correcting an error in the bid price. Young Lorfing, TRMC City Secretary, City of Pearland First Publication date October 30, 2014 Second Publication date November 6, 2014 05-2014 00100-3 of 3 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City". Both terms are synonymous and refer to the City. 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). 1.3 The term "E-bid System" refers to the City's electronic bidding system. This is a web- based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids in response to advertisement and invitation. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Owner by way of the E-bid System. The terms "electronic bid" or "e-bid" are used inter-changeably to describe the above bid process to submit an authorized bid to the City in response to an Invitation to Bidders. 1.4 The term "Pro-Trak" means the City's web-based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Bidder at the pre-Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at https://pearland.ionwave.net/Login.aspx. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. Potential Bidders MUST REGISTER as a"Supplier"by clicking on the Supplier Registration button and completing the registration form. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services,New(Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy(Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) 05-2014 00200-1 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Select the appropriate Time Zone for the Bidder's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, "suppliers" will receive emails notifying of bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to: ebidspearlandtx.gov. 3. Copies of Bidding Documents 3.1 Complete sets of "electronic" Bidding Documents are available for download to registered Bidders at No Cost from the City's E-bid System at: www.cityofpearland.org/bids. Interested Bidders must register as a "Supplier" on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer. All Bid Documents are available to download and print. 3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Bid Documents automatically ensures receipt of any and all subsequent communications from the City or its Engineer. 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub-bidders bidding to a Bidder, register as a Supplier and download the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents including, but not limited to all Addenda issued prior to bid. 3.4 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 4. Qualifications of Bidders 4.1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2)days of Owner's request any or all of such Qualifications requested: 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; 05-2014 00200-2 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3) A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder. 5. Examination of Contract Documents and Site 5.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f) to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project. 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 5.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in 05-2014 00200-3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Interpretations and Addenda 6.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Bidders in the City's E-bid System. Questions received less than five (5)days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's E-bid System. 7. Bid Security 7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond ("Bid Security"). 7.2 Bidders submitting bids through the E-bid System shall scan and up-load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check ) as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 05-2014 00200-4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement, and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security. The Bid Security of other Bidders will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Bidders will be returned. 8. Contract Time 8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time"). All references to "time" or"days" shall be interpreted as consecutive calendar days. 9. Liquidated Damages and Early Completion Bonus 9.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 10 Substitute or "Or-Equal" Items 10.1 The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or-equal" references shall be interpreted to mean "or approved equal". The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 11. Bid Form 11.1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any. Incomplete Bid Proposals may be cause for rejection. 11.2 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. 05-2014 00200-5 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS The corporate address and state of incorporation must be shown below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.3 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 11.6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 12. Submission of Bid Proposals 12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City's E-bid System electronic bidding software. All Bidders utilizing this system MUST register as a potential supplier, (Bidder). E-Bids are submitted directly via the City's Web based system located at https://pearland.ionwave.net/Login.aspx. Bid Proposals submitted after the bid date and time will be rejected. 13. Modification and Withdrawal of Bid Proposals 13.1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without prejudice. 13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 13.3 A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. 13.4 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or, at the discretion of the Owner, Owner may make a claim against the bid security. Thereafter, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 05-2014 00200-6 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 14. Opening of Bid Proposals 14.1 Bid Proposals will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 15. Bid Proposals to Remain Subject to Acceptance 15.1 All Bid Proposals will remain subject to acceptance for sixty (60) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 16. Award of Contract 16.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner may reject a bid as non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal; 6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. Contracts are awarded on the basis of one of the following criteria: A)provision of the "Best Value" or B) Lowest Responsible Bidder 16.2 Best Value. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. A contract to be awarded to the Bidder offering the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. 16.3 Lowest Responsible Bidder. In determining Lowest Responsible Bidder, Owner will consider: Lowest Total Bid price for all work including Base Bid, Extra Work and Alternates, if any, and any other cost criteria. Additional evaluation criteria may include: the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the 05-2014 00200-7 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre-bid meeting. 16.4 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 17. Contract Security 17.1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 18. Signing of Agreement 18.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 19. Pre-bid Conference 19.1 A pre-bid conference will be held as indicated in the Invitation to Bid. 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 05-2014 00200-8 of 8 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Part A Date: November 18, 2014 Bid of Reddico Construction Co., 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: State Highway 35- 16" Waterline from FM 518 to Magnolia Road City of Pearland,Texas COP PN: WA1302 BID NO.: 1015-03 (Submitted in Electronic format) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland,Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes to perform all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the State Highway 35 - 16" Waterline, from FM 518 to Magnolia Road with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by the Engineer, Brown & Gay Engineers, 10777 Westheimer, Suite 400, Houston, TX 77042, J.W.Johnson, Jr., P.E., for the unit prices or applicable prices set forth in Exhibit "A", the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included and has been uploaded as an attachment within the E-bid system and,that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, 2"d 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 and Maintenance Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within Bidder's Initial' sr i#A1 10-2012 00300-"'of 3 CITY OF PEARLAND BID PROPOSAL the time stated and for the prices stated in Part B of this proposal along with all required insurance in the required amounts. The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within one hundred and eighty (180) days after the date of the Notice to Proceed. Time for Substantial Completion shall begin on the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein,all references to"day(s)"shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: 1 Date: 11/14/14 Addendum No.: Date: Addendum No.: 2 Date: 11/18/14 Addendum No.: Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or indirectly entered into any agreement,participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm N. =: R •d"f• Co -- ruc'• Co., Inc. By: _ iL�.l_ Fl Title: Executive Vice President Address: 10083 Airport Road Conroe,TX 77303 Phone No: (936)441-9500 ATTEST: Terri Bock (Seal, if Bidder is a Corporation) (Typed or 'rinted Na Signature Date: November 18, 2014 Bidder's Initial'-. de!" 10-2012 00 00-2 of 3 CITY OF PEARLAND • BID PROPOSAL END OF SECTION AVM Bidder's Initial' , /� 10-2012 0i +0 of3 Section 00300 PROPOSAL FORM PART B Bid No.1015-03 Addendum 2 Project Name:SH 35 16"Water Line-FM 518 to Magnolia Road Closing:November 18,2014 Project No.:WA1302 Reddico Construction Company, Inc. Line Description UOM QTY I Unit I Extended Pkg 1 Base BEd Items 1.1 Traffic Control and Regulation(01555) LS 1 $50,000.00 $50,000.00 1.2 Flagmen(01555) LS 1 $43,000.00 $43,000.00 Storm Water Pollution Prevention Plan 1.3 Implementation(01565) LS 1 $200.00 $200.00 1.4 Reinforced Filter Fabric Barrier(01561) LF 5015 $1.70 $8,525.50 1.5 Inlet P rotection Barrier(01566) LF 360 $4.00 $1,440.00 1.6 Sand Bags(01566) EA 10 $35.00 $350.00 1.7 Stabilized Construction Exit(Install)(01550) SY 400 $33.00 $13,200.00 1.8 Stabilized Construction Exit(Remove)(01550) SY 400 $5.00 $2,000.00 1.9 Trench Safety System(01570) 'LF 6500 $3.00 $19,500.00 1.10 Project Identification Signs(01580) 'EA 2 $1,100.00 $2,200.00 1.11 Clearing and Grubbing(02200) AC 1 $11,000.00 $11,000.00 Remove and Dispose-Concrete Foundations, 1.12 Curbs, Buried Debris(02220) SY 1250 $25.00 $31,250.00 Remove and Dispose-Concrete Driveways 1.13 (02220) SY 1455 $22.00 $32,010.00 1.14 Replace Concrete Driveways(02980) SY 1455 $72.00 $104,760.00 Remove and Dispose-Asphalt Driveways 1.15 (02220) SY 715 $31.00 $22,165.00 1.16 Replace Asphalt Driveways(02980) SY 715 $60.00_ $42,900.00 Remove and Dispose-Asphalt Roadway,With or Without Base(For Open Cut Water Line Installation)Pear Street,and North of Walnut 1.17 Street(02220) SY 770 $36.00 $27,720.00 Replace Asphalt Roadway to TxDOT Standards (For Open Cut Water Line Installation)-Pear 1.18 Street,and North of Walnut Street(02980) SY 770 $76.00 $58,520.00 Remove and Dispose-Concrete Roadway,With or Without Base(For Open Cut Water Line 1.19 Installation)-John Lizer Road(02220) SY 45 $30.00 $1,350.00 Replace Concrete Roadway to TxDOT Standards (For Open Cut Water Line Installation)-John 1.20 Lizer Road(02980) SY 45 $100.00 $4,500.00 1.21 Curb,Curb&Gutter,and Headers(02770) LF 355 $11.00 $3,905.00 1.22 Hydromulch Seeding(02921) AC 4 $2,000.00 $8,000.00 Install and Remove Temporary Chain Link Fence 1.23 (01500) LF 20 $53.00 $1,060.00 Remove&Reinstall Existing Street Signs, Billboards,Fences,Bollards,Landscape Sprinklers/Piping,Water Meter Boxes/Piping, 1.24 Trees,and other Surface Feature Items(01500) LS 1 $11,000.00 $11,000.00 16-inch PVC Water Main&Appurtenances 1.25 Complete-in-Place(Open Cut)(02510) LF 6015 $112.75 $678,191.25 16-inch PVC Water Main&Appurtenances 1.26 Complete-in-Place(Auger)(02417) LF 130 $139.75 $18,167.50 16-inch PVC Water Main w/Restrained Joints and Appurtenances in Welded 24"Steel Casing 1.27 Complete-in-Place(Auger)(02417) LF 310 $297.75 $92,302.50 1.28 12"PVC Water Main(Open Cut)(02510) LF 50 $68.00 $3,400.00 1.29 8"PVC Water Main(Open Cut)(02510) LF 70 $57.00 $3,990.00 1.30 6"PVC Water Main(Open Cut)(02510) LF 20 $53.00 $1,060.00 12-inch PVC Water Main w/Restrained Joints and Appurtenances in Welded 20"Steel Casing 1.31 Complete-in-Place(Auger)(02417) LF 80 $220.00 $17,600.00 1 of 3 Bid#1015-03 Reddico Construction Company, Inc. Line Description UOM QTY Unit Extended 16-inch Fusible PVC Water Main in Uncased 1.32 Bore(Directional Drill)(02420) LF 363 $265.00 $96,195.00 1.33 2"Gooseneck Connection(02510) EA 1 $700.00 $700.00 1.34 6"Wet Connection(02510) EA 1 $800.00 $800.00 1.35 16"Wet Connection(02510) EA 1 $2,500.00 $2,500.00 1.36 20"Wet Connection(02510) EA 1 $3,400.00 $3,400.00 Cut,Plug&Abandon Exist.8"Water Line 1.37 (02510) EA 1 $500.00 $500.00 Grout-Fill Exist.8"Water Line along SH 35 1.38 (02510) LF 630 $9.00 $5,670.00 Cut,Plug&Abandon Exist.6"Water Line 1.39 (02510) EA 1 $500.00 $500.00 Grout-Fill Exist.6"Watr Line along SH 35 1.40 (02510) LF 540 $10.00 $5,400.00 Cut,Plug&Abandon Exist.8"Sanitary Sewer 1.41 (02530) EA 1 $900.00 $900.00 Fire hydrant Assembly Including 6"Branch,6" 1.42 Gate Valve&Box,Complete in Place(02514) EA 22 $5,100.00 $112,200.00 Remove and Salvage Fire Hydrant and Deliver to 1.43 City of Pearland Public Works Dept.(01100) EA 1 $600.00 $600.00 Regrade Existing Swales and Roadside Ditch 1.44 (01140) LF 250 $9.00 $2,250.00 Clean,Plug&Backfill Abandoned Sanitary Sewer Manholes,Remove and Dispose of Cone 1.45 (02220) EA 4 $1,200.00 $4,800.00 Remove and Dispose of Abandoned Sanitary Sewer Lift Station,Manhole and 10"Sanitary 1.46 Sewer at Sta.47+10(02220) LS 1 $11,000.00 $11,000.00 Precast Concrete Corrosion-Resistant Sanitary 1.47 Sewer Manhole(02542) EA 2 $6,000.00 $12,000.00 6"PVC Sanitary Sewer Service Line Connections 1.48 at Manholes(02542) EA 2 $225.00 $450.00 6"PVC Sanitary Sewer Service Line(Open Cut) 1.49 (02531) LF 90 $62.00 $5,580.00 6"PVC Sanitary Sewer Service Line in 10"Steel 1.50 Casing(Auger)(02415) LF 55 $144.00 $7,920.00 1.51 12"PVC Sanitary Sewer Line(Open Cut)(02530) LF 10 $98.00 $980.00 1.52 16"Gate Valve&Box(02541) EA 10 $7,200.00 $72,000.00 1.53 12"Gate Valve w/Box(02541) EA 1 $2,700.00 $2,700.00 1.54 _8"Gate Valve w/Box(02541) EA 2 $1,500.00 $3,000.00, 1.55 6"Gate Valve w/Box(02541) EA 1 $1,100.00 $1,100.00 16"x12"Tee, 12"Gate Valve&Box,and 12" Blind Flange,along 16"Waterline south of Walnut St,w/location to be designated by City of 1.56 Pearland Public Works(02541) EA 2 $4,300.00 $8,600.00 Water Tap&Polyethylene Service Line,Short 1.57 Side(1")(02515) EA 5 $1,600.00 $8,000.00 Total-Package 1 $1,685,011.75 2 of 3 Bid#1015-03 Reddico Construction Company, Inc. Line Description UOM QTY Unit Extended ednit WPM ftieseItems ate extra wxsk items and are t he used only If orde d by the whet s Engineer or Cann Manager No compensation Witt be tecefvbd for any pert of the unless they are ordered and used on the job. The txtstof these items should be inducted•"In the total construction Pkg 2 bid. Groundwater Control for Open Cut Construction 2.1 (01564) LF 500 $26.00 $13,000.00 Additional Removal of Concrete Roadway,With 2.2 or Without base(02220) SY 50 $30.00 $1,500.00 Additional Replacement of Concrete Roadway 2.3 (02980) SY 50 $100.00 $5,000.00 Additional Removal of Asphalt Roadway,With or 2.4 Without base(02220) SY 50 $36.00 $1,800.00 Additional Replacement of Asphalt Roadway 2.5 (02980) SY 50 $60.00 $3,000.00 2.6 Hand Excavation(02318) CY 10 $26.00 $260.00 Water Tap&Polyethylene Service Line,Short 2.7 Side(1")(02515) EA 2 $1,600.00 $3,200.00 Water Tap&Polyethylene Service Line,Short 2.8 Side(2")(02515) EA 2 $1,900.00 $3,800.00 Total-Package 2 $31,560.00 Pkg 3 Mobilization(Maximum value is limited to 3%of 3.1 subtotal)(01505) LS 1 $50,500.00 $50,500.00 Total-Package 3 $50,500.00 Response Total $1,767,071.75 3 of 3 Bid#1015-03 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and Reddico Construction Co., Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally described as follows: State Highway 35 - 16" Waterline from FM 518 to Magnolia Road City of Pearland,Texas COP PN: WA1302 BID NO.: 1015-03 Article 2. ENGINEER The Work has been designed by Brown & Gay Engineers, 10777 Westheimer, Suite 400, Houston, TX 77042, J.W. Johnson, Jr., P.E., who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within one hundred and eighty (180) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within two hundred and ten (210) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER three hundred 10-2012 00500- 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT dollars ($300) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER three hundred dollars ($300) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $1,767,071.75 (the "Contract Price"). The Contract Price includes the Base Bid as shown in Document 00300 — Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment"of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon 10-2012 00500-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under"Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09of 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 makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests,reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities 10-2012 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement(Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement(Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 27 inclusive with attachments with each sheet bearing the following general title: SH35 Waterline. 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 Contract Documents may only be amended,modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the 10-2012 00500-5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER(through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 10-2012 00500-6 of 7 Resolution No. R2014-150 CITY OF PEARLAND Exhibit "A" Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and Reddico Construction Company, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally described as follows: State Highway 35- 16" Waterline from FM 518 to Magnolia Road City of Pearland,Texas COP PN: WA1302 BID NO.: 1015-03 Article 2. ENGINEER The Work has been designed by Brown & Gay Engineers, 10777 Westheimer, Suite 400, Houston, TX 77042, J.W. Johnson, Jr., P.E., who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within one hundred and eighty (180) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within two hundred and ten (210) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER three hundred 10-2012 00500- 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT dollars ($300) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER three hundred dollars ($300) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds [$###,###.## edit as required] (the "Contract Price"). The Contract Price includes the Base Bid [and Alternate(s) #, #, #, & #, as accepted by OWNER and edit as required] as shown in Document 00300—Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon 10-2012 00500-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under"Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09of 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 makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities 10-2012 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement (Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement(Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 27 inclusive with attachments with each sheet bearing the following general title: SH35 Waterline. 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 Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such 10-2012 00500-5 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 reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER(through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked,mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 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: December 8 , 2014 OWNER: CONTRACTOR: CITY OF P� • • Reddi Constructio C.�pany, Inc. By: B ad) a y y C �y J. Pearson, City Manager Michael A. Gruy Title. Title: Executive Vice Presid- Date: December 8, 2014 Date: December 8, 2014 (Corporate Seal) / R �� ATTEST ;i.! 7/,% �., /— - ATTEST µ' '`- �.ung + fing, /•MC / Terri Bock, Secretary ty S- retary Address for giving notices •WRu4,"//, 10083 Airport Road -; I - Conroe, Texas 77303 Phone: 936-441-9500 Fax: 936-760-3846 Agent for service of process: Michael A. Gruy Executive Vice President END OF SECTION 10-2012 00500-7 of 7 CITY OF PEARLAND PERFORMANCE BOND Section 00610 BOND NO. BCD1027922 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Reddico Construction Co., Inc. of the City of Conroe , County of Montgomery , and State of Texas, as principal, and The Hanover Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ 1,767,071.75 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 8th day of December , 20 14, (the "Contract") to commence and complete the construction of certain improvements described as follows: State Highway 35 - 16" Waterline from FM 518 to Magnolia Road City of Pearland, Texas COP PN: WA1302 BID NO.: 1015-03 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610- 1 of 2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 8th day of December , 20 14. Principal: Surety: i Reddico Construction Copy, Inc. The HanoveAt -surance Company By: iLd4W-MIF --- -(2( Michael A. Gruy `"Allv_. ^ terry Title: Executive Vice President Title: Attorney-In-Fact Address: Address: 10083 Airport Road 440 Lincoln Street Conroe, Texas 77303 Worcester, Massachusetts 01653 Telephone: 936-441-9500 Telephone: 936-372-2477 Fax: 936-760-3846 Fax: 936-372-2437 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610-2 of 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Steven W.Berry,Nancy T.Berry and/or Kimberly J.Smith of Houston,TX and each is a true and lawful Attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for, and on its behalf,and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Twenty Million and No/100($20,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7,1981 -The Hanover Insurance Company;Adopted April 14, 1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 31st day of October 2011. THE HANOVER INSURANCE COMPANY MASSACHU' S BAY INSURANCE COMPANY µ CITIZENS , ; NCE G IMPANY OF AMERICA (‘Iii iiiiii) 4i.. (i 4(4)10.44,1V- Robert 11111:i 7 ,F,,...°12:4• omas,Vice President AV" 41110—...."'" —4/10 r a ;T,.,- Vice ..7. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. On this 31st day of October 2011 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. A+°' BARBARA A.GARUCK 4) Notary Public Cemmonwealb of Mao adroSMls J/�{7 �~WyCommss�orE[ Sept.21.2pt9 t.rK�y �(=:%/tf Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile." (Adopted October 7,1981-The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company,Adopted September 7,2001-Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 8th day of December 2014. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA , r�..1 kir 1a *1n Margosian.Vice President CITY OF PEARLAND PAYMENT BOND Section 00611 BOND NO. BCD1027922 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Reddico Construction Co., Inc. of the City of Conroe , County of Montgomery , and State of Texas, as principal, and The Hanover Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ 1,767,071.75 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 8th day of December , 2014 , (the "Contract") to commence and complete the construction of certain improvements described as follows: State Highway 35 - 16" Waterline from FM 518 to Magnolia Road City of Pearland,Texas COP PN: WA1302 BID NO.: 1015-03 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of 2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 8th day of December , 20 14. Principal: Surety: Reddico Construction Come: y, Inc. The Hanover isurance Company By: / /j� �-�-`'r' By: j - Michael A. Gruy •---' °teven W Berry Title: Executive Vice Presiden Title: Attorney-In-Fact Address: Address: 10083 Airport Road 440 Lincoln Street Conroe, Texas 77303 Worcester, Massachusetts 01653 Telephone: 936-441-9500 Telephone: 936-372-2477 Fax: 936-760-3846 Fax: 936-372-2437 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00611 -2 of 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Steven W.Berry,Nancy T.Berry and/or Kimberly J.Smith of Houston,TX and each is a true and lawful Attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for, and on its behalf,and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Twenty Million and No/100($20,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7,1981 -The Hanover Insurance Company;Adopted April 14, 1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 31st day of October 2011. THE HANOVER INSURANCE COMPANY MASSACHU S BAY INSURANCE COMPANY CITIZENS NCE tx9IYMPANY OF AMERICA tlimil , �,,,,,,.� ' t RobertThlomas.Vice President 101 Aid. 41110." _ THE COMMONWEALTH OF MASSACHUSETTS ) ra -7' !' Vice �'?�` COUNTY OF WORCESTER )ss. On this 31st day of October 2011 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. ' BARBARA A.GARLICK I, Notary Public til.� , CommanasadMasschatNts 4.14CamsmnEviSept21,2018 C2 t ..�/ f Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile." (Adopted October 7,1981 -The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company,Adopted September 7,2001-Citizens Insurance Company of . America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 8th day of December 2014. THE HANOVER USURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA / Ak4liras 16t� Inn Margosian,Vice President CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 BOND NO. BCD1027922 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Reddico Construction Co., Inc. of the City of Conroe , County of Montgomery , and State of Texas, as principal, and The Hanover Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ 1,767,071.75 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 8th day of December , 20 14, (the "Contract") to commence and complete the construction of certain improvements described as follows: State Highway 35 - 16" Waterline from FM 518 to Magnolia Road City of Pearland, Texas COP PN: WA1302 BID NO.: 1015-03 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612- 1 of 2 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 8th day of December , 2014. Principal: Surety: Reddico Construction C. ' .; iy, Inc. The Hanover ur BY: ,�� T�#1 By: Michael A. Gruy Ste en W B-rry Title: Executive Vice President Title: Attorney-In-Fact Address: Address: 10083 Airport Drive 440 Lincoln Street Conroe, Texas 77303 Worcester, Massachusetts 01653 Telephone: 936-441-9500 Telephone: 936-372-2477 Fax: 936-760-3846 Fax: 936-372-2437 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00612-2 of 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Steven W.Berry,Nancy T.Berry and/or Kimberly J.Smith of Houston,TX and each is a true and lawful Attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for, and on its behalf,and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Twenty Million and No/100($20,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14, 1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents, this 31st day of October 2011. THE HANOVER INSURANCE COMPANY MASSACHU S BAY INSURANCE COMPANY CITIZENS 1 RANCE 99MPANY OF AMERICA 0 �,,,,,� r: ( t Robert T mas,Vice President 41,E '_,. THE COMMONWEALTH OF MASSACHUSETTS ) ra '?`' Mee �'T�' COUNTY OF WORCESTER )ss. On this 31st day of October 2011 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. •a"w BARBARA A.GARLICK It• Notary Public Crawl orrasa lh or M8$li JBNts .`Ary Ca+mismce Exyri UV 21.2C18 r ,2 Barbara A.Garlick,Notary Public My Commission Expires September 21,2018 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile." (Adopted October 7,1981-The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company,Adopted September 7,2001-Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 8th day of December 2014. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA 44 , ... n Margosian,Vice President Hanover Insurance an tip Texas Complaint Notice Commercial Lines IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call The Hanover Insurance Company/ Usted puede Ilamar al numero de telefono gratis de Citizens Insurance Company of America's toll-free The Hanover Insurance Company/Citizens Insurance telephone number for information or to make a Company of America's para informacion o para complaint at: someter una queja al: 1-800-343-6044 1-800-343-6044 You may also write to The Hanover Insurance Company/ Usted tambien puede escribir a The Hanover Insurance Citizens Insurance Company of America at: Company/Citizens Insurance Company of America al: 440 Lincoln Street 440 Lincoln Street Worcester, MA 01653 Worcester,MA 01653 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies,coverages, de Texas para obtener informacion acerca de rights or complaints at: companias,coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax:(512)475-1771 Fax:(512)475-1771 Web:http://www.tdi.texas.gov Web:http://www.tdi.texas.gov E-mail:ConsumerProtection @tdi.texas.gov E-mail:ConsumerProtection @tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the agent or the reclamo,debe comunicarse con el agente o Ia corn- company first. If the dispute is not resolved,you may pania primero.Si no se resuelve Ia disputa,puede contact the Texas Department of Insurance. entonces comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: This UNA ESTE AVISO A SU POLIZA: Este aviso es solo notice is for information only and does not become para proposito de informacion y no se convierte en a part or condition of the attached document. parte o condition del documento adjunto. TI...LI..........I...... .. ..!'....... .... 1 A AI.I:..�..I.,f...... IA/...�...... A A At GCJ A`°RD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/3/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brenda Meyer, CISR NAME: y INSURICA PHONE (800)627-6474 FAX (866)652-9382 (A/C.No.Ext1• (AIC.No); 19450 State Highway 249 DRmyr INSURICA.corn q ESS:bee@ Suite 550 INSURER(S)AFFORDING COVERAGE NAIC 8 Houston TX 77070 INSURERA:United Fire & Casualty Company 13021 INSURED INSURER B:Texas Mutual Ins. Co. 22 945 Reddico Construction Company, Inc. INSURERC: 10083 Airport Road INSURERD: INSURER E: Conroe TX 77303 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 Renewal REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A CLAIMS-MADE X OCCUR 60437310 10/1/2014 10/1/2015 MED EXP(Any one person) $ 5,000 X Contractual PERSONAL&ADV INJURY $ 1,000,000 X incl xcu GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY n2- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED 60437310 10/1/2014 10/1/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-0WNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) _ 10 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 60437310 10/1/2014 10/1/2015 $ OTH- B WORKERS COMPENSATION X TORY LAM ITS ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? n N/A 001276752 10/1/2014 10/1/2015 (Mandatory in NH) TSF0 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Re: State Highway 35 - 16" Water Line from FM 518 to Magnolia Road-Project No. WA1302. GENERAL LIABILITY: Blanket Additional Insured when required by written contract per form CG2037 ed. 07/04 and CG2033 ed.07/04 and CG7208 ed. 09/13. Blanket Waiver of Subrogation when required by written contract and Primary and Non-Contributory when required by written contract per for CG7208 ed. 09/13 AUTO LIABILITY: Blanket Additional Insured and Blanket Waiver of Subrogation when required by written contract per for CG7109 ed. 01/06. WORKERS COMPENSATION: Blanket Waiver of Subrogation when required by written contract per form WC 420304B ed. 006/14. UMBRELLA LIABILITY: Follows Form CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pearland 3519 Liberty Drive Pearland, TX 77581 AUTHORIZED REPRESENTATIVE - !- D Bright, CRM, CIC/BM --��,-- ° '-'' ------------ ` J ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 r7n1nn51 m Tho A(:ARfl nomo and Irian aro ronicfororI marlrc of A((1Rfl COMMENTS/REMARKS 30 Days Notice of Cancellation in favor of the certificate holder. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Reddico Construction Company, Inc. COMMERCIAL GENERAL LIABILITY Policy No. 60437310 CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS —AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or organization have agreed in writing in a contract or This insurance does not apply to: agreement that such person or organization be added as an additional insured on your policy. Such 1. "Bodily injury", "property damage" or "personal person or organization is an additional insured only and advertising injury" arising out of the with respect to liability for "bodily injury", "property rendering of, or the failure to render, any damage" or "personal and advertising injury" professional architectural, engineering or caused, in whole or in part, by: surveying services, including: 1. Your acts or omissions; or a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf; change orders or drawings and specifications; or in the performance of your ongoing operations for the additional insured. b. Supervisory, inspection, architectural or engineering activities. A person's or organization's status as an additional insured under this endorsement ends when your 2. "Bodily injury" or "property damage" occurring operations for that additional insured are completed. after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Reddico Construction Co., Inc POLICY NUMBER: 60437310 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION TO WHOM LOCATIONS DESIGNATED AND YOU HAVE AGREED TO NAME AS ADDIT- DESCRIBED IN THE ABOVE IONAL INSURED BY WRITTEN CONTRACT MENTIONED WRITTEN CONTRACT OR AGREEMENT IF THE CONTRACT OR OR AGREEMENT AGREEMENT IS EXECUTED PRIOR TO LOSS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Who Is An Insured is amended to include PREMIUM 1, 500 as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 *38011070* Ill IIIII IIIII 11111 IIll III In Reddico Construction Company, Inc. Policy No. 60437310 CG 72 08 09 13 TEXAS -EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. * Coverage for non-owned watercraft is extended to 51 feet in length * Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate * Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate- $500 Deductible * Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate- $1,000 Deductible * Water Damage Legal Liability- $25,000 * Increase in Supplementary Payments: Bail Bonds to $1,000 and Loss of Earnings to $500 * For newly formed or acquired organizations- extend the reporting requirement to 180 days * Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You * Automatic Additional Insured-Vendors * Automatic Additional Insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You * Automatic Additional Insured- Managers or Lessor of Premises * Additional Insured- Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured — State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations * Additional Insured — Consolidated Insurance Program (Wrap -Up) Off-Premises Operations Only; Owners, Lessees or Contractors—Automatic Status When Required in Construction Agreement With You * Additional Insured- Employee Injury to Another Employee * Primary and Non-Contributory Additional Insured—Limited Parties * Contractors Blanket Additional Insured—Limited Products—Completed Operations Coverage * Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage * Automatically included -Aggregate Limits of Insurance (per location) * Automatically included-Aggregate Limits of Insurance (per project) * Knowledge of occurrence - Knowledge of an "occurrence", "claim or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. * Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. * Liberalization Condition * Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW * Blanket Waiver of Subrogation * Property Damage- Borrowed Equipment * Property Damage Liability- Elevators * Bodily Injury Redefined * Extended Property Damage * Damage to Media Legal Liability-$50,000 * Designated Operations Covered by a Consolidated (Wrap-Up) Insurance Program—Limited Coverage * "Insured Contract" redefined for Limited Railroad Contractual Liability CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 17 *59011280* IIII II IIIIIVIIIVIIIIIhII(IllIIIII CG 72 08 09 13 REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 17 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I -COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY The Following changes are made to 2. Exclusions: Extended Property Damage Exclusion 2.a.: Expected or Intended Injury is replaced with the following: a. "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. Extended Watercraft Coverage Exclusion g.(2)is deleted and replaced by the following: g.(2)A watercraft you do not own that is: (a) Less than 51 feet long; (b) Not being used to carry persons or property for a charge; Property Damage Liability-Borrowed Equipment The following is added to Exclusion j.: Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. Property Damage Liability-Elevators The following is added to Exclusion j .: Under Paragraph 2. Exclusions of Coverage A. "Bodily Injury" and "Property Damage" Liability Paragraphs 3, 4 & 6 of this exclusion do not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. CG 72 08 0913 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 17 CG 72 08 09 13 The last paragraph of Item 2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. THE FOLLOWING COVERAGES ARE ADDED: Voluntary Property Damage Coverage The insurance provided under Coverage A (Section I) is amended to include "property damage" to property of others caused by the insured: a. While in your possession; or b. Arising out of"your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: 1. Exclusion j. Damage to Property under Coverage A (Section I) is deleted and replaced by the following: j. Damage to Property "Property damage"to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. Care, Custody and Control Property Damage Coverage For the purpose of this Care, Custody and Control Property Damage Coverage only: 1. Item (4) of Exclusion j. of Coverage A (Section I) does not apply. COVERAGE M. DAMAGE TO MEDIA LEGAL LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of damage to "electronic data" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "electronic data" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or"suit"that may result. But: CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 17 *600 11290* 1111 ��.� ����IIII II Iffi II II I CG 72 08 09 13 (1) The amount we will pay for damages is limited to $50,000. (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this coverage or any other applicable coverage or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to damages to "electronic data"only if: (1) The damage to "electronic data" is caused by an "occurrence"that takes place in the "coverage territory"; (2) The damage to"electronic data" occurs during the policy period; and • (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the damage to "electronic data" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the damage to „electronic data” occurred, then any continuation, change or resumption of such damage to "electronic data" during or after the policy period will deemed to have been known prior to the policy period. c. Damage to "electronic data" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an `occurrence" or claim, includes any continuation, change or resumption of that damage to "electronic data" after the end of the policy period. d. Damage to "electronic data" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1 of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all or any part, of the damage to "electronic data"to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the damage to "electronic data"; or (3) Becomes aware by any other means that damage to"electronic data" has occurred or has begun to occur. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury Damage to "electronic data"expected or intended from the standpoint of the insured. b. Contractual Liability Damage to "electronic data" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract of agreement. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 17 CG 72 08 09 13 c. Pollution Damage to "electronic data" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants". d. Aircraft, Auto, Watercraft or Mobile Equipment Damage to "electronic data" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition or stunting activity. e. War Damage to "electronic data" however caused, arising directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, evolution, usurped power or action taken by governmental authority in hindering or defending against any of these. f. Damage To Property Damage to "electronic data"that is: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Property loaned to you; (3) Personal property in the care, custody or control of the insured; (4) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (5) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. g. Damage To Your Product Damage to"electronic data" in "your product" or arising out of it or any part of it. h. Damage To Your Work Damage to "electronic data" in "your work" arising out of it or any part of it and included in the "products- completed operations hazard". CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 17 *61011300* IIIIllII IIIllhI Uhliliflhl lID if CG 72 08 09 13 i. Damage To Impaired Property Or Property Not Physically Injured Damage to"electronic data" in "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product"or"your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. j. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. k. Personal And Advertising Injury Damage to "electronic data" arising out of"personal and advertising injury". COVERAGE R. PRODUCT RECALL EXPENSE • 1. Insuring Agreement a. We will pay 90% of"product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. b. We will only pay for"product recall expense" arising out of"your products" which have been physically relinquished to others. The most we will pay is $25,000 for Each Recall Limit subject to a $50,000 Aggregate. a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls"you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate during the endorsement period. 2. Exclusions This insurance does not apply to "product recall expense"arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of"your product". c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. d. Act, errors or omissions of any of your employees, done with prior knowlege of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. "Bodily injury" or"property damage".. g. Failure of"your product"to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 17 CG 72 08 09 13 h. Loss of reputation, customer faith of approval, or any costs incurred to regain customer market, or any other consquential damages. i. Legal fees or expenses. j. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expsense" arising from the "product recall" of any of"your products"for which coverage is excluded by endorsement. I. "Product recall expsense" arising from the "product recall" of any of "your products" on or after the designated shelf life has expired. 3. Loss Payment With respect to Coverage R, the following conditions apply: a. Claims Handling (1) Within 15 days after we receive written notice of claim, we will: (a) Acknowlege receipt of the claim. If we do not acknowledge receipt of the claim in writing, we will keep a record of the date, method and content of the acknowledgment; (b) Begin any investigation of the claim; and (c) Request a signed, sworn proof of loss, specify the information you must provide and supply you with the necessary forms. We may request more information at a later date, if during the investigation of the claim such additional information is necessary. (2) We will notify you in writing as to whether: (a) The claim or part of the claim will be paid; (b) The claim or part of the claim has been denied, and inform you of the reasons for denial; (c) More information is necessary; or (d) We need additional time to reach a decision. If we need additional time, we will inform you of the reasons for such need. We will provide notification, as described in (2)(a) through (2)(d) above, within: (i) 15 business days after we receive the signed, sworn proof of loss and all information we requested; or (ii) 30 days after we receive the signed, sworn proof of loss and all information we requested, if we have reason to believe the loss resulted from arson. If we have notified you that we need additional time to reach a decision, we must then either approve or deny the claim within 45 days of such notice. b. We will pay for covered loss or damage within 5 business days after: (1) We have notified you that payment of the claim or part of the claim will be made and have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. However, if payment of the claim or part of the claim is conditioned on your compliance with any of the terms of this policy, we will make payment within 5 business days after the date you have complied with such terms. c. Catastrophic Claims If a claim results from a weather related catastrophe or a major natural disaster, the claim handling and claim payment deadlines described in a.and b. above are extended for an additional 15 days. Catastrophe or Major Natural Disaster means a weather related event which is: (1) Declared a disaster under the Texas Disaster Act of 1975; or (2) Determined to be a catstrophe by the State Board of Insurance. d. The term "business day", as used in this endorsement, means a day other than Saturday, Sunday or a holiday recognized by the state of Texas. e. We will issue loss payment to the first Named Insured shown in the Declarations and any mortgagee or loss payee as designated. CG 72 08 0913 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 17 *6 2 011310* 1 11101 IIIII DIII 1111111111 liii [II III I IID till CG 72 08 09 13 COVERAGE W-WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage W (Section I) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. COVERAGE X — DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added to Paragraph 2. Exclusions of Section I —Coverage A— Bodily Injury And Property Damage Liability: This insurance does not apply to "bodily injury" or "property damage" arising out either your ongoing operations or operations included within the "products-completed operations hazard" for any "consolidated (Wrap-up) insurance program" which has been provided by the prime contractor / project manager or owner of the construction project in which you are involved. This exclusion applies whether or not a consolidated (Wrap-up) insurance program: a. Provides coverage idenitcal to that provided by this Coverage Part; or b. Has limits adequate to cover all claims • This exclusion does not apply if a "consolidated (Wrap-up) insurance program" covering your operations has been cancelled, non-renewed or otherwise no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable. For purposes of this exclusion a "consolidated insurance program" is a program providing insurance coverage to all parties for exposures involved with a particular(typically major) construction project. SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS; and Items 1.b. and 1.d are amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. SECTION II -BROAD FORM NAMED INSURED 1. Section II —Who Is An Insured is amended to include as an insured any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. 2. For the purpose of the coverage provided by this provision only, the following is added to Condition 4.b. Excess Insurance, under Section IV - Commercial General Liability Conditions: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock. 3. This provision does not apply to a policy written to apply specifically in excess of this policy. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 17 CG 72 08 09 13 Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. The following are added: 5. Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction or Service Agreement With You a. Any person or organization for whom you are performing operations when you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of "your work" at the location designated and described in the written contract or written agreement performed for that person or organization for your ongoing operations and liability included in the "products-completed operations hazard". A person's or organization's status as an insured for your ongoing operations under this endorsement ends when your operations for that insured are completed. b. When coverage provided under this endorsement applies to "bodily injury" or "property damage" arising out of the "products-completed operations hazard": (1). Such coverage will not apply subsequent to the first to occur of the following: (i) The expiration of the period of time required by the written contract or written agreement; (ii) Five years from the completion of"your work" on the project that is the subject of the written contract or written agreement. (iii)The expiration of any applicable statute of limitations or statute or repose with respect to claims arising out of"your work" (2). Such coverage will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section III—LIMITS OF INSURANCE. c. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. 6. Additional Insured -Vendors Any person or organization (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products", which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 17 *63011320* II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CG 72 08 09 13 a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part of container, entering into, accompanying or containing such products. 7. Additional Insured - Lessor of Leased Equipment - Automatic Status When Required in Lease Agreement With You a. Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured, but only with respect to your liability arising out of the maintenance, operation or use of such leased equipment which may be imputed to that person or organization as the lessor of equipment. A person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded these additional insureds, the following additional exclusion apply: (1) To any"occurrence"which takes place; (2) To"bodily injury" or"property damage" arising out of the sole negligence of such person or organization. 8. Additional Insured -Managers or Lessors of Premises Any person or organization, but only with respect to the liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to any: a. Any"occurrence"which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations perfomed by or on behalf of any person or organization. CG 72 08 0913 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 17 CG 72 08 09 13 9. Additional Insured -Engineers, Architects or Surveyors Not Engaged by the Named Insured Coverage is provided only when the insured is contractually required to add the engineer, architect or surveyor. Coverage is provided with respect to your liability for"bodily injury"or"property damage"or"personal and advertising injury"directly arising out of: a. Your acts or omissions; or b. Your acts or omissions of those acting on your behalf; In the performance of your ongoing operations for that additional insured(s). 10. Additional Insured — State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations Any state or governmental agency or subdivision or political subdivision when you have agreed in writing in a contract or agreement that such entities be added as an additional insured on your policy subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or"personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or"property damage" included within the "projects-completed operations hazard". 11. Additional Insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only: Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage", or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 17 *64011330* 1 CG 72 08 09 13 12. Additional Insured -Employee Injury to Another Employee With respect to your"employees"who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of this section is amended to read: (1) "Bodily injury" or"personal and advertising injury" a. To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); b. For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or c. Arising out of his or her providing or failing to provide professional health care services. Paragraph 3.a. is deleted. For the purpose of this Item 12 only, a position is deemed to be supervisory in nature if that person performs principal work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. 13. Applicability of Additional Insured Coverage A. Commercial General Liability Conditions (Section IV), Paragraph 4. (Other Insurance) is deleted and replaced by the following: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary and non-contributory for those parties listed below: (1) Owners, Lessess or Contractors when required in written construction agreement with you. (2) Manager or Lessors of Premises when required in written lease agreement with you. (3) Engineers, Architects or Surveyors not engaged by the named insured when required in written construction agreement with you. (4) State or Governmental Agency or Subdivision or Political Subdivision—Permits or Authorizations For all other insureds this insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that"other insurance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for"your work"; (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 17 CG 72 08 09 13 (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (4) If the loss arises out of the maintenance or use of aircraft, "autos", or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A- Bodily Injury and Property Damage Liability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. (6) That is provided to any person or organization who qualifies as an additional insured herein, except when you and that person or organization have agreed in writing that this insurance shall be primary. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of"other insurance" has a duty to defend the insured against that "suit". If no provider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of"other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insurance provision. c. Method of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all providers of insurance. B. As a condition of coverage under this endorsement, each additional insured must: a. Give us prompt written notice of any "occurrence" which may result in a claim and prompt written notice of "suit". b. Immediately forward all legal papers to us, cooperate in the investigation or settlement of the claim or defense against the"suit", and otherwise comply with policy conditions. c. Tender the defense and indemnity of any claim or"suit"to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For the purpose of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d. Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 17 *65011340* I 111111 11111 1111111111 11111 liii Hill 11111 1111 III CG 72 08 09 13 C. For the purposes of this insurance coverage provided by this Item 13 only, the following definition is added to DEFINITIONS (Section V): "Other Insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non-cumulation of Each Occurrence Limit section of Paragraph 5 LIMITS OF INSURANCE (Section III) or the Non- cumulation of Personal and Advertising Injury limits sections of Paragraph 4 of LIMITS OF INSURANCE (Section III) applies; (3) Any risk retention group; (4) Any self-insurance method or program, other than any funded by you and over which the Coverage Part applies; or (5) Any similar risk transfer or risk management method. b. Does not include umbrella insurance, or excess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. SECTION III -LIMITS OF INSURANCE Items 2, 3, and 6 are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", c. Damages under Coverage B; and d. Damages under Coverage W. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from each fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. The following are added: 8. Subject to 5. above, $25,000 is the most we will pay for Under Coverage W for Water Damage Legal Liability. 9. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your"locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 14 of 17 CG 72 08 09 13 11. Subject to 5. above, a $5,000 "occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of"property damage"covered under Voluntary Property Damage Coverage. 12. Subject to 5. above, a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that"occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences" during one policy period. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS Condition 2., Items a. and b. are deleted and replaced by the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, when and where the "occurrence"took place; (2) The names and addresses of any injured persons and witnesses, and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or"suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or"suit"and the date received; and (2) Notify us as soon as practicable. You must see to it that we recieve written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constiture knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 15 of 17 *66011350* 11111 1111 IU III UhI Hill H I I ll II Il I CG 72 08 09 13 Condition 2.c.(5) is added: (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. Conditions 10., 11. and 12. are added: 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or"property damage" occurs or the "personal injury" or"advertising injury" offense is committed. 11. If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 12. Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. The following conditions are added in regard to Coverage R-Product Recall Expense In event of a "product recall", you must 1. See to it that we are notified as soon as practicable of a"product recall". To the extent possible, notice should include how, when and where the "product recall"took place and estimated "product recall expense". 2. Take all reasonable steps to minimize"product recall expense". This will not increase the limits of insurance. 3. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. 4. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. 5. Cooperate with us in the investigation or settlement of any claim. 6. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract": 1. Railroad Protective Liability coverage provided by ISO form CG 0035 with minimum limits of $2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. 2. Any amendment to the Other Insurance condition of form CG 0035 alters the primacy of the coverage or which impairs our right to contribution will void any coverage afforded by the redefined "insured contract" language. 3. For the purposes of the Other Insurance condition of form CG 0035 you, the named insured, will be deemed to be the designated contractor. SECTION V-DEFINITIONS The following is added to Item 12 Mobile Equipment e. Vehicles with equipment for snow removal, road maintenance and street cleaning less than 1,000 lbs GVW. CG 72 08 0913 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 16 of 17 CG 72 08 09 13 The following definitions are added for this endorsement only: 3. Bodily Injury Redefined Under V-Definitions, definition 3. is deleted and replaced with the following: 3. "bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. 9. "Insured Contract" Redefined Under V-Definitions, 9.c. is deleted and replaced with the following: c. Any easement of license agreement; AND f(1). is deleted 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall" means a withdrawal or removal from the market of"your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and (2) Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if"your product" is unfit for use or consumption, or is hazardous as a result of: (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of"your product"; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of"your product" by someone other than you. 25. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and . postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred for temporary locations used to store recalled products. (6) Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expenses incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". CG 72 08 0913 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 17 of 17 *67011360* �IIH II III II 111k II II II IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; and 1. The first Named Insured shown in the Declara- c. Recommend changes. tions may cancel this policy by mailing or de- 2. We are not obligated to make any inspections, livering to us advance written notice of cancel- surveys, reports or recommendations and any lation. such actions we do undertake relate only to in- 2. We may cancel this policy by mailing or deliv- surability and the premiums to be charged. We ering to the first Named Insured written notice of do not make safety inspections. We do not un- - cancellation at least: dertake to perform the duty of any person or a. 10 days before the effective date of cancel- organization to provide for the health or safety lation if we cancel for nonpayment of pre- of workers or the public. And we do not warrant mium; or that conditions: b. 30 days before the effective date of cancel- a. Are safe or healthful; or lation if we cancel for any other reason. b. Comply with laws, regulations, codes or 3. We will mail or deliver our notice to the first standards. Named Insured's last mailing address known to 3. Paragraphs 1. and 2. of this condition apply not us. only to us, but also to any rating, advisory, rate 4. Notice of cancellation will state the effective service or similar organization which makes date of cancellation. The policy period will end insurance inspections, surveys, reports or on that date. recommendations. 5. If this policy is cancelled, we will send the first 4. Paragraph 2. of this condition does not apply to Named Insured any premium refund due. If we any inspections, surveys, reports or recom- cancel, the refund will be pro rata. If the first mendations we may make relative to certifica- Named Insured cancels, the refund may be less tion, under state or municipal statutes, ordi- than pro rata. The cancellation will be effective nances or regulations, of boilers, pressure ves- even if we have not made or offered a refund. sels or elevators. 6. If notice is mailed, proof of mailing will be suf- E. Premiums ficient proof of notice. The first Named Insured shown in the Declara- B. Changes tions: This policy contains all the agreements between you 1. Is responsible for the payment of all premiums; and us concerning the insurance afforded. The first and Named Insured shown in the Declarations is 2. Will be the payee for any return premiums we authorized to make changes in the terms of this pay. policy with our consent. This policy's terms can be F. Transfer Of Your Rights And Duties Under This amended or waived only by endorsement issued by Policy us and made a part of this policy. C. Examination Of Your Books And Records Your rights and duties under this policy may not be transferred without our written consent except in the We may examine and audit your books and rec- case of death of an individual named insured. ords as they relate to this policy at any time during If you die, your rights and duties will be transferred the policy period and up to three years afterward. to your legal representative but only while acting D. Inspections And Surveys within the scope of duties as your legal rep- 1. We have the right to: resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of a. Make inspections and surveys at any time; your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Reddico Construction Company, Inc. Policy No. 60437310 CA 71 09 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE INDEX Description Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE 1 BROAD FORM INSURED 1 EMPLOYEES AS INSUREDS 2 ADDITIONAL INSURED STATUS BY CONTRACT, AGREEMENT OR PERMIT 2 AMENDED FELLOW EMPLOYEE EXCLUSION 2 TOWING AND LABOR 2 PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 EXTRA EXPENSE - THEFT 3 RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE 3 PERSONAL EFFECTS COVERAGE 4 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 4 AIRBAG ACCIDENTAL DISCHARGE 4 AUTO LOAN/LEASE TOTAL LOSS PROTECTION ENDORSEMENT 4 GLASS REPAIR—DEDUCTIBLE AMENDMENT 5 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 5 WAIVER OF SUBROGATION REQUIRED BY CONTRACT 5 UNINTENTIONAL FAILURE TO DISCLOSE 5 HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE 5 EXTENDED CANCELLATION CONDITION 6 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL B. BROADENED LIABILITY COVERAGES DAMAGE SECTION II — LIABILITY COVERAGE in Paragraph A. SECTION I —COVERED AUTOS, paragraph C. Certain Coverage at 1. Who Is An Insured is amended to Trailers, Mobile Equipment and Temporary include the following: Substitute Autos is amended by adding the following at the end of the existing language: (Broad Form Insured) If Physical Damage Coverage is provided under this d. Any legally incorporated subsidiary in which you Coverage form for an "auto" you own, the Physical own more than 50% of the voting stock on the Damage coverages provided for that owned "auto" are effective date of the Coverage Form. However, the extended to any "auto" you do not own while used with Named Insured does not include any subsidiary that the permission of its owner as a temporary substitute for is an "insured" under any other automobile policy or the covered "auto" you own that is out of service would be an "insured" under such a policy but because of its breakdown, repair, servicing, "loss", or for its termination or the exhaustion of its Limit destruction. of Insurance. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 *25010940* 11111111111111 1111101111111111111IIIIIIII CA71090106 e. Any organization that is acquired or formed by you, C. AMENDED FELLOW EMPLOYEE EXCLUSION during the term of this policy and over which you maintain majority ownership. However, the Named Only with respect to your "employees" who occupy Insured does not include any newly formed or positions which are supervisory in nature, SECTION II. acquired organization: LIABILITY B. Exclusion 5. Fellow Employee is (1) That is a joint venture or partnership, replaced by: 5. Fellow Employee (2) That is an "insured" under any other policy, "Bodily Injury": (3) That has exhausted its Limit of Insurance under any other policy, or (a) To you, or your partners or members (if you are a partnership or joint venture), or to your (4) 180 days or more after its acquisition or members (if you are a limited liability formation by you, unless you have given us company); notice of the acquisition or formation. Coverage does not apply to "bodily injury" or (b) To your"executive officers" and directors (if you are an organization other than a "property damage"that results from an accident that occurred before you formed or acquired the partnership, joint venture, or limited liability o occurreation. company) but only with respect to performance of their duties as your officers or directors; (Employee as Insureds) (c) For which there is an obligation to share f. Any employee of yours while acting in the course of damages with or repay someone else who your business or your personal affairs while using a covered "auto"you do not own, hire or borrow. must pay damages because of the injury described in paragraph a and b above; or (Additional Insured Status by Contract, Agreement (d) Arising out of his or her providing or failing or Permit) to provide professional health care services. g. Any person or organization whom you are required For purposes of this endorsement, a position is deemed to add as an additional insured on this policy under to be supervisory in nature if that person performs a written contract or agreement; but the written principle work which is substantially different from that contract or agreement must be: of his or her subordinates and has authority to hire, (1) Currently in effect or becoming effective during transfer, direct, discipline or discharge. the term of this policy; and D. BROADENED PHYSICAL DAMAGE COVERAGES (2) Executed prior to the "bodily injury" or "property damage". SECTION III — PHYSICAL DAMAGE COVERAGE Coverage is amended as follows: The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" (TOWING AND LABOR) which may be imputed to that person(s) or 2. Towing and Labor organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the We will pay towing and labor costs incurred, up to the location(s) designated, if any. limits shown below, each time a covered "auto" Coverage provided by this endorsement will not exceed classified and rated as a private passenger type, "light the limits of liability required by the written contract or truck" or"medium truck" is disabled: written agreement even if the limits of liability stated in (a) For private passenger type vehicles or"light the policy exceed those limits. This endorsement shall trucks" we will pay up to $75 per not increase the limits stated in Section II. C. Limits of disablement. "Light trucks" have a gross Insurance. vehicle weight (GVW) of 10,000 pounds or For any covered "auto" you own this Coverage Form less. provides primary coverage. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 CA 71 09 01 06 (b) For "medium trucks" we will pay up to $150 (2) We will pay only for expenses incurred per disablement. "Medium trucks" have a during the policy period and beginning 24 gross vehicle weight (GVW) of 10,001 lbs. hours after the "loss" and ending, regardless to 20,000 pounds. of the policy's expiration, with the lesser of the following number of days: However, the labor must be performed at the place of (a) The number of days reasonably disablement. required to repair or replace the covered "auto." If "loss" is caused by theft, this (PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE) number f days it days i to locate to the number of days it takes to locate the covered 4. Coverage Extensions "auto"and return it to you, or a. Transportation Expense is amended to (b) 30 days. provide the following limits: (3) Our payment is limited to the lesser of the We will pay up to $50 per day to a maximum of following amounts: $1,000. All other terms and provisions of this (a) Necessary and actual expenses section remain applicable. incurred; or (EXTRA EXPENSE- THEFT) (b) $35 per day. The following language is added to 4. Coverage (c) This coverage does not apply while Extensions: there are spare or reserve "autos" c. Theft Recovery Expense available to you for your operations. (d) If "loss" results from the total theft of a If you have purchased Comprehensive covered "auto" of the private passenger Coverage on an "auto"that is stolen, we will pay or light truck type, we will pay under this the expense of returning that stolen auto to you. coverage only that amount of your The limit for this coverage extension is$5,000. rental reimbursement expense which is not already provided for under the (RENTAL REIMBURSEMENT AND ADDITIONAL SECTION III — PHYSICAL DAMAGE TRANSPORTATION EXPENSE) COVERAGE, A. Coverage, 4. d. Rental Reimbursement Coverage Extensions, a. Transportation Expenses. We will provide Rental Reimbursement and (PERSONAL EFFECTS COVERAGE) Additional Expense coverage only for those Physical Damage coverages for which a e. Personal Effects premium is shown in the Declarations or If you have purchased Comprehensive schedule pages. Coverage applies only to a Coverage on this policy for an "auto" you own covered "auto" of the private passenger or light and that "auto" is stolen, we will pay, without truck (10,000 lbs. or less gross vehicle weight) application of a deductible, up to $500 for type for which Physical Damage coverages Personal Effects stolen with the "auto". The apply. insurance provided under this provision is (1) We will pay for auto rental expense and the excess over any other collectible insurance. For expense incurred by you because of "loss" this coverage extension, Personal Effects to remove and transfer your materials and means tangible property that is worn or carried equipment from , a covered "auto" to a by an "insured". Personal Effects does not covered "auto." Payment applies in addition include tools, jewelry, guns, musical to the otherwise applicable coverage you instruments, money, or securities. have on a covered "auto." No deductible applies to this coverage. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 *26010950* III IIII III IIIDUIII II it CA 71 09 01 06 (AUDIO, VISUAL AND DATA ELECTRONIC (4) With respect to this coverage, the most we EQUIPMENT COVERAGE) will pay for all "loss" of audio, visual or data electronic equipment and any accessories (Deletion of Audio Visual Equipment Exclusion) used with this equipment as a result of any one "accident" is the lesser of: f. Audio, Visual and Data Electronic Equipment Coverage. (a) The actual cash value of the damaged or stolen property as of the time of the We will pay for "loss" to any electronic "loss"; equipment that receives or transmits audio, (b) The cost of repairing or replacing the visual or data signals and that is not designed damaged or stolen property with other solely for the reproduction of sound. This property of like kind and quality; or coverage applies only if the equipment is $1,000; permanently installed in a covered "auto" at the time of the "loss" or the equipment is removable minus a deductible of$100. from a housing unit which is permanently An adjustment for depreciation and physical installed in a covered "auto" at the time of the condition will be made in determining actual "loss", and such equipment is designed to be solely operated by use of the power from the cash value at the time of loss. If a repair or electrical system, in or upon the replacement results in better than like kind "auto's" e covered "auto."ler or quality, we will not pay for the amount of the betterment. (1) We will pay with respect to a covered "auto" If there is other coverage provided for audio, for "loss" to any accessories used with the visual and data electronic equipment, the electronic equipment described above. coverage provided herein is excess over any However, this does not include tapes, other collectible insurance. records or discs. (2) In addition to the exclusions that apply to (AIRBAG ACCIDENTAL DISCHARGE) Physical Damage Coverage with exception D. SECTION III — PHYSICAL DAMAGE COVERAGE, of the exclusion relating to audio, visual and B. Exclusions is amended as follows: data electronic equipment, the following exclusions also apply: The following language is added to Exclusion 3.: (3) We will not pay for any electronic If you have purchased Comprehensive or Collision equipment or accessories used with such Coverage under this policy, this exclusion does not electronic equipment that are: apply to mechanical breakdown relating to the (a) Necessary for the normal operation of accidental discharge of an air bag. This coverage the covered "auto" for the monitoring of applies only to a covered auto you own and is the covered "auto's" operating system; excess of any other collectible insurance or warranty. No deductible applies to this coverage. or (b) Both: E. AUTO LOAN/LEASE TOTAL LOSS PROTECTION An integral part of the same unit SECTION III — PHYSICAL DAMAGE COVERAGE — C. housing any sound reproducing Limit of Insurance is amended by adding the following equipment designed solely for the language: reproducing of sound if the sound reproducing equipment is permanently 4. In the event of a total "loss" to a covered "auto" installed in the covered "auto"; and shown in the Schedule pages, subject at the time of Permanently installed in the opening of the "loss" to a loan or lease, we will pay any unpaid amount due on the lease or loan for a covered the dash or console normally used by "auto" less: the manufacturer for the installation of a radio. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 CA 71 09 01 06 a. The amount paid under the Physical Damage (4) Your members, managers or insurance Coverage Section of the policy; and manager, if you are a limited liability b. Any: company; or (5) Your officials, trustees, board members or (1) Overdue lease / loan payments at the time of the "loss"; insurance manager, if you are a not-for-profit organization. (2) Financial penalties imposed under a lease G. WAIVER OF SUBROGATION REQUIRED BY for excessive use, abnormal wear and tear CONTRACT or high mileage; (3) Security deposits not returned by the lessor; Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer (4) Costs for extended warranties, Credit Life of Rights of Recovery Against Others to Us Insurance, Health, Accident or Disability the following language is added: Insurance purchased with the loan or lease; However, we waive any rights of recovery we may and have against the person or organization with whom (5) Carry-over balances from previous loans or you have agreed in writing in a contract, agreement leases. or permit, to provide insurance such as is afforded under the policy to which this endorsement is (GLASS REPAIR—DEDUCTIBLE AMENDMENT) attached. This provision does not apply unless the written contract or written agreement has been Under D., Deductible is amended by adding the executed, or permit has been issued, prior to the following: "bodily injury"or"property damage." Any deductible shown in the Declarations as H. UNINTENTIONAL FAILURE TO DISCLOSE applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, Under SECTION IV — BUSINESS AUTO rather than replaced. CONDITIONS, Subsection B. General Conditions, F. AMENDED DUTIES IN THE EVENT OF the following is added to 2. Concealment, ACCIDENT, CLAIM,SUIT OR LOSS Misrepresentation Or Fraud: Your unintentional error in disclosing, or failing to Under SECTION IV— BUSINESS AUTO CONDITIONS, disclose, any material fact existing at the effective Subsection A., Loss Conditions, the following is date of this Coverage Form, or during the policy added to paragraph 2. Duties In The Event of period in connection with any additional hazards, will Accident, Suit or Loss: not prejudice your rights under this Coverage Form. a of any I. HIRED, LEASED, RENTED OR BORROWED d. Knowledge y "accident," "claim," "suit" or AUTO PHYSICAL DAMAGE "loss" will be deemed knowledge by you when notice of such "accident," "claim," "suit" or "loss" Under SECTION IV—BUSINESS AUTO CONDITIONS has been received by: B. General Conditions 5. Other Insurance (1) You, if you are an individual; Paragraph 5.b. is replaced by the following: (2) Any partner or insurance manager if you are b. (1) For "Comprehensive" and "Collision" Auto a partnership; Physical Damage provided by this endorsement, the following are deemed to be covered "autos" (3) An executive officer or insurance manager, you own: if you are a corporation; (a) Any Covered "auto" you lease, hire, rent or borrow; and CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 *27010960* IIIllI 11111 II II �1 1111 III 11111 CA 71 09 01 06 (b) Any Covered "auto" hired or rented by your (3) This Hired Auto Physical Damage coverage is "employee" under a contract in that excess over any other collectible insurance. individual "employee's" name, with your permission, while performing duties related (4) Definitions For This Section to the conduct of your business. (a) Comprehensive Coverage: from any cause However, any "auto" that is leased, hired, rented or except the covered "auto's" collision with borrowed with a driver is not a covered "auto" another object or the covered "auto's" overturn. We will pay glass breakage, "loss" (2) Limit of Insurance For This Section caused by hitting a bird or animal and, "loss" The most we will pay for any one "loss" is the caused by falling objects or missiles. lesser of the following: (b) Collision Coverage: caused by the covered "auto's" collision with another object or by (a) $50,000 per accident, or the covered "auto's" overturn. (b) actual cash value at the time of loss, or J. EXTENDED CANCELLATION CONDITION (c) cost of repair. A. Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.b. is replaced by the minus a $500 deductible. An adjustment for following: depreciation and physical condition will be made in determining actual cash value in the event of b. 60 days before the effective date of cancellation a total loss. No deductible applies to "loss" if we cancel for any other reason caused by fire or lightning. • CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 r eWORKERS'COMPENSATION AND EMPLOYERS � LIABILITY INSURANCE POLICY Insurance Company WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE I NFORMAT ION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date Is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001276752 20141001 of the Texas Mutual Insurance Company Issued to REDD I CO CONSTRUCTION CO I NC Endorsement No. Premium$ /444.444--- NCCI Carrier Code 29939 Authorized Representative WC420304B(ED.6-01-2014) AGENT'S COPY MAMERCAD 10-02-2014 CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of$ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any,through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. Signature Printed Name&Title Company Name State of County of Subscribed and sworn to, before me,this day of , 20 . My Commission Expires: Notary Public 5-12-12 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 — Workers' Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) Addenda, if any; (6) Plans and Specifications referenced or included in the Project Manual; (7) Instructions to Bidders; (8) Bid Proposal; and 10-2012 00700- 1 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, partnership,joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER,to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-2012 00700-2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost for Construction Management and Inspection Services for work on non-work days. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms "Substantially Completed", or "Substantially Complete" or"Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations,the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 10-2012 00700-3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words,terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i)to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements. 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 10-2012 00700-4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations,thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS. All plans, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done,they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 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 as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four(4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non-conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non-conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 10-2012 00700-6 of 36 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 for engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on-site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 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 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 Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent(100%)of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All bonds shall be issued by Texas Department of Insurance approved surety companies. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. 10-2012 00700-9 of 36 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 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 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 shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 10-2012 00700- 13 of 36 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 No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities shall be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight(8) hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably 10-2012 00700- 15 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise, between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-2012 00700- 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 10-2012 00700- 17 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re-execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re-execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non-conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non-conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees,the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the 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 Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER's representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further 10-2012 00700- 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agrees that a failure to complete on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty,the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event-giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum,the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 10-2012 00700-20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT to fault of OWNER. An extension of Contract time shall be CONTRACTOR's sole and exclusive remedy for any such delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the Work to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in accordance with the Contract Documents. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered, unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Contract Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences, unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal, and Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, OWNER and CONTRACTOR agree that the Contract is a unit cost agreement, unless stated otherwise, and that the final Contract amount is equal to the unit cost multiplied by the number of units authorized, installed and approved by the Owner. The OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for 10-2012 00700-21 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount, prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendations and as approved by the OWNER or ENGINEER at the Work site only.No payment will be made for materials stored until OWNER has approved in writing storage at the Work site. The ENGINEER shall then review such statement of unit quantities and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. All payment applications made by CONTRACTOR and delivered to ENGINEER and all verifications and certification of such applications shall be made and transmitted within the Pro- Trak system and signed with the appropriate electronic signatures as provided for in the software. 10-2012 00700-22 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Such applications for payment shall not be considered complete unless accompanied by the CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed by an authorized representative of the CONTRACTOR and reflecting the correct corresponding amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under"6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above-stated percentages. 6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete". Such notification shall include a list of all outstanding or incomplete items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine 10-2012 00700-23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed list of unfinished, incomplete, defective and/or non-conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any,to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; 10-2012 00700-24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections/approvals/acceptances by city, county, state governmental entities or other authorities having jurisdiction; (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors, vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor,vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment,tools,temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within ten (10) business days after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and remedy such work at CONTRACTOR's expense. 10-2012 00700-25 of 36 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 performed. (a) Upon written notification, the ENGINEER will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The ENGINEER will notify the CONTRACTOR in writing of the determination whether or not an adjustment of the contract is warranted. (b)No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c)No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven (7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension,the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven(7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a) Upon receipt,the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather, the ENGINEER will make 10-2012 00700-27 of 36 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 OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Method(B) --By agreed unit prices or agreed stipulated lump sum price; or Method(C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work plus: a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten (10%) for the subcontractor plus five (5%) for the General Contractor or b) For the General Contractor alone, self-performing the extra work, without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents, plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The mark-up of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost." No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance 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 final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty (60)days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason,to timely file a Request for Mediation,the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 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 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 of 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 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 debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such 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 sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work 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 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 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 OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3.01 Owner-Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700-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 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. I: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B1 ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012 00700-v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project _includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner- operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700-Al CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700-A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR,prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts,to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700-A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO.2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between [Contractor's Company Name] (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as State Highway 35 - 16" Waterline, from FM 518 to Magnolia Road (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700-B1 CITY OF PEARLAIVD GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this,the_day of , 20_ CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this,the day of , 20_by , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By: President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700-B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am (are)the person(s)who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we) have read the facts and statements as therein set out and the representations as made therein, and I(we) state that the above and foregoing are true and correct. CONTRACTOR-Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 20 . Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700-B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation,the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of , 20 Notary Public, State of Texas My Commission Expires: 07/2006 00700-B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO.3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and(c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO"means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700-Cl 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: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability. The personal injury contractual liability exclusion shall be deleted. e. Primary and Non-Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. f. Waiver of Subrogation, as required in 3.6, above. 10-2012 00700-C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop-down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 10-2012 00700-C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for any professional design or engineering drawing required by the work. Such insurance shall indemnify the Owner from claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims-Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 10-2012 00700-C5 CITY OF 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 subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner. 7. Insurance Requirements of Contractor's Subcontractors 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its 10-2012 00700-C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 10-2012 00700-CIO CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions, Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions, the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: 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. General Notes: Sections 00100 Invitation to Bidders, 00200 Instructions to Bidders and 01505 Mobilization all make reference to provision by the CONTRACTOR of a laptop computer for use by the OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required to 2-24-12 00800- 1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding this computer equipment. Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times, in both directions. No lane closures to extend beyond the defined work day. Contractor Will be required to provide an on-site construction office for the duration of this project. END OF SECTION 2-24-12 00800-2 of 2 CITY OFPEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. (Attach the current wage rates. Number the pages 00811-2, 00811-3, etc.) 10-2012 00811 - 1of10 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION General Decision Number: TX140044 01/03/2014 TX44 Superseded General Decision Number: TX20130044 State: Texas Construction Type: Heavy County: Brazoria County in Texas. HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines (Does Not Include Flood Control) Modification Number Publication Date 0 01/03/2014 * 5FTX0669-001 07/01/2013 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 26.36 16.62 5UTX2005-018 05/18/2005 Rates Fringes Carperter $ 14.38 0.00 CEMENT MASON/CONCRETE FINISHER $ 11.37 1.13 ELECTRICIAN $ 18.40 1.34 Formbuilder/Formsetter $ 9.83 1.69 IRONWORKER, REINFORCING $ 11.29 0.00 Laborers: Common $ 8.99 Landscape 1.25 $ 9.96 0.00 Mason Tender Cement $ 9.96 0.00 Pipelayer $ 9.63 1.50 PIPEFITTER $ 17.00 0.04 POWER EQUIPMENT OPERATOR: Backhoe $ 12.74 Bulldozer 0.00 Crane $ 12.46 0.00 Excavator $ 11.00 0.74 Front End Loader $ 16.74 0.00 Grader $ 10.47 1.28 Tractor $ 12.20 1.48 $ 11.29 1.45 TRUCK DRIVER $ 14.42 1.00 10-2012 00811 -2 of 10 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION 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 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 rates. 0000/9999: weighted union wage rates will be published annually each January. 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 majority 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 10-2012 00811 -3 of 10 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION 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 U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. 10-2012 00811 -4 of 10 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 10-2012 00811 -5 of 10 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION General Decision Number: TX140043 05/09/2014 TX43 Superseded General Decision Number: TX20130043 State: Texas Construction Type: Building County: Brazoria County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) . Modification Number Publication Date 0 01/03/2014 1 01/31/2014 2 05/09/2014 ASBE0022-001 06/02/2012 Rates Fringes Insulator/asbestos worker (includes application of all insulationg materials, protective coverings, coatings and finishing to all types of mechanical systems) $ 20.41 9.55 BOIL0132-001 01/01/2013 East of Oyster Creek only. The Part of Brazoria County lying West of Oyster Creek is within the Jurisdiction of Local 74 Rates Fringes BOILERMAKER $ 22.71 East of Oyster Creek only. 20.63 The Part of Brazoria County lying West of Oyster Creek is within the Jurisdiction of Local 74 $ 23.47 13.67 * CARP0551-002 04/01/2014 Rates Fringes Carpenter (including Acoustical Ceiling Work) $ 21.97 7.98 ELEV0031-001 01/01/2013 Rates Fringes ELEVATOR MECHANIC $ 37.545 25.185+a 10-2012 00811 -6 of 10 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION FOOTNOTES: A. 6% under 5 years based on regular hourly rate for all hours worked. 8% over 5 years based on regular hourly rate for all hours worked. New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Friday after Thanksgiving Day; Christmas Day; and Veterans Day. PLAS0681-002 04/01/2005 Rates Fringes PLASTERER Galveston County $ 20.15 3.20 PLUM0068-005 10/01/2012 Rates Fringes Plumbers (Excluding HVAC Pipe) $ 30.29 9.50 PLUM0211-003 10/01/2013 Rates Fringes Pipefitter including HVAC pipe. . .$ 29.39 10.31 SFTX0669-001 07/01/2013 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 26.36 16. 62 SHEE0054-009 07/01/2011 Rates Fringes Sheet Metal (including HVAC Duct, System Installation) $ 25.37 7.99 SUTX2005-013 04/28/2005 Rates Fringes Asbestos Abatement Worker (Ceilings, Floors, & Walls) $ 14.00 0.00 BRICKLAYER $ 18.00 0.00 CEMENT MASON/CONCRETE FINISHER $ 12.76 0.00 DRYWALL FINISHER/TAPER $ 12.21 0.92 Drywall Hanger (Including Metal Stud Install) $ 12.49 1.38 ELECTRICIAN (Including 10-2012 00811 -7 of 10 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Pulling Wire and Low Voltage Wiring and Installation of Fire Alarms, Security Systems, Telephone and Computers) $ 17.55 2.91 Formbuilder/Formsetter $ 11.66 0.00 GLAZIER $ 14.55 2.46 INSULATOR -BATT AND FOAM $ 11.00 0.00 IRONWORKER, REINFORCING $ 12.02 0.00 IRONWORKER, STRUCTURAL $ 13.75 0.00 Laborers: Common $ 10.26 Mason Tender (Brick) 0.00 $ 10.27 0.00 Mason Tender (Cement) $ 9.88 Pipelayer 0.00 $ 12.00 0.00 Plasterer Tender $ 12.90 2.51 LATHER $ 16.90 3.61 Painter - Brush, Roller & Spray $ 11.14 0.00 POWER EQUIPMENT OPERATOR: Asphalt Paver $ 13.50 Backhoe 0.25 $ 12.50 0.00 Crane $ 19.00 Forklift 0.00 $ 14.53 0.00 Slab & Wall Saw $ 15.54 3.83 ROOFER $ 11.38 0.00 TILE FINISHER $ 11.86 0.53 TILE SETTER $ 15.71 1.01 TRUCK DRIVER $ 10.75 1.47 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) ) . 10-2012 00811 -8 of 10 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with 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 rates. 0000/9999: weighted union wage rates will be published annually each January. 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 majority 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 10-2012 00811 -9 of 10 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 10-2012 00811 - 10 of 10 CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO. 1 Date: 11/14/2014 PROJECT: State Highway 35—16"Waterline, from FM 518 to Magnolia Road BID NO.: 1015-03 BID DATE: November 18,2014 at 2:00 p.m. FROM: Cara Davis,PMP Project Manager City of Pearland 3519 Liberty Drive, Suite 300,Pearland, TX 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. GENERAL: Sign in sheet from November 7, 2014 Pre-Bid END OF ADDENDUM NO. 1 Cara Davis,PMP Project Manager 2-22-12 00900-1 of 1 0 v m I ° a^ N V �C - 0 , 6\ k . 1 z..,.,k) t .... N',- 0 ` Q `�1= • . d „.,O bb ,„: w . , vi k ..1; \ X41 - s �l�CD; -c " . I Q ti.). Q 0 d' mot _ u = 1 t �.- o1 �°• • L co 1 C C E ca 0 M 03 K g c. O 0g, i , .to z :....v t i ° l„ 00 1 N M 3 c c6 `: o I a % �? 1 v 7 q c- v . vb, k--1 t t as in Q E 0 ag ° ' o ea T r�� 4 _ v, �� aC , c L 1 ~� ti -! --..t 0 44) Z V� .....- N. 4 c? N _ki JW c v u co ' C vci v , r = l' Y �Q i v E N e V C 0 Z.- m z ° i t `y oa N E 4 la N. �- E m r v o L I N N N. vim'E 1/4.? 3 o tEn a .a E c E ti 0) •C 1 :1 C � � � N d L v 6. O g i 0 ,5 e c..S 0 CU C (0 Z N (Q © U ` C N t- P E v CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO.2 Date: 11/18/2014 PROJECT: State Highway 35—16"Waterline, from FM 518 to Magnolia Road BID NO.: 1015-03 BID DATE: November 18,2014 at 2:00 p.m. FROM: Cara Davis,PMP Project Manager City of Pearland 3519 Liberty Drive, Suite 300,Pearland,TX 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: Sign in sheet from November 7,2014 Pre-Bid was inadvertently uploaded in place of the Addendum 1 document. This addendum provides the correct Addendum 1 form. END OF ADDENDUM NO. 2 Davis, PMP Project Manager 2-22-12 00900- 1 of 1 CITY OF PFARLAND ADDENDUM Section 00900 ADDENDUM NO. 1 Date: 11/14/2014 PROJECT: State Highway 35— 16"Waterline,from FM 518 to Magnolia Road BID NO.: 1015-03 '41 P r{,, a� BID DALE: November 18,2014 at 2:00 p.m. FROM: J.W. Johnson,Jr, P.E. I N * 44 J.W.uk .3e�vQ s1 N. 4d Sr. Project Manager Brown&Ga En '� Y gineers,Inc. �'� '� � 10777 Wertheimer, Suite 400,Houston, TX 77042/ cE ;S • To: Prospective Bidders and Interested Parties t ( 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. 11/11/2014 PRE-BID MEETING CONTRACTOR QUESTIONS AND CITY ANSWERS: 1. (Q) Is there an easement for the bore at Walnut St? (A) Yes,an easement has been obtained from the property owner and was recently staked. 2. (Q) Will HDPE be allowed in lieu of Fusible C905 PVC? (A) This pipe material alternative may be evaluated;please submit question in writing. (NOTE) The Fusible C905 PVC requirement remains unchanged,with no alternative pipe material accepted. 3. (Q) Will the City provide an allowance for relocation of existing utilities,i.e., electrical, fiber optic, etc? (A) The private utilities will relocate as required by franchise agreements. If there is a public utility line not shown on the plans,it will be addressed as a change. 4. (Q) Will an allowance for the bracing of utility poles be provided? (A) There should be no cost for utility companies to brace poles per franchise agreements. 5. (Q) What is the nature of the concrete slabs to be removed? (A) An airport with hangars formerly existed at the site. Overly thick concrete material should not be anticipated. 11-14-14 00900- 1 of 2 CITY OF PEARLAND ADDENDUM 6. (Q) Is there a designated staging area for this project? (A) No. There are private properties for which the owners may choose to lease space as has been done in prior area projects. 7. (Q) Is there a disposal site for excess soil,or does the City need it placed somewhere? (A) Not at this time. Plan to haul excess soil,and if disposed of inside the city limits,the property owner will first have to provide a fill permit. 8. (Q) Some businesses have only one driveway and may be impacted when excavating or replacing. Are we to be paid for temporary driveways? (A) It is the contractor's responsibility to provide access to properties,incidental to the Work. 9. (Q) If we bore in lieu of open-cut, will the City pay the open-cut price and the pavement removal and replacement to compensate? (A) No. 10. (Q) Are there fuel tanks located where the old airport was? (A) No,not to our knowledge. 11. (Q) What is the cut-off day for questions? (A) November 13, 5:00 p.m. SPECIFICATIONS: 1. Bid Item No. 1.24: a. Delete Description: "Remove and Reinstall Existing Street Signs and Billboards" b. Insert Description: "Remove and Reinstall Street Signs,Billboards,Fences, Bollards,Landscape Sprinklers/Piping,Water Meter Boxes/Piping, Trees,and other Surface Feature Items" CONSTRUCTION DRAWINGS: 1. Sheet No.3 of 27: a. Add the following General Construction Note No.25: "As necessary for construction,remove and reinstall in a timely manner any potentially impacted street sign,billboard,fence, bollard,landscape sprinkler/piping,water meter box/piping,trees, and other affected surface feature items. Reinstalled features shall be in the same condition as that prior to construction." 2. Sheet No. 3 of 27: a. Add the following General Construction Note No.26: "From Station 10+00 to Station 17+00,protect both underground and aboveground traffic control conduit and facilities related to the signalization for the Walnut St intersection,with any damage to be immediately repaired to the satisfaction of TxDOT." END OF ADDENDUM NO. 1 J.W.Johnson,Jr,P.E. Sr. Project Manager 11-14-14 i 00900-2 of 2 Section 00300 PROPOSAL FORM PART B Bid No.1015-03 Addendum 2 Project Name:SH 35 16"Water Line-FM 518 to Magnolia Road Closing:November 18,2014 Project No.:WA1302 Line Description Reddico Construction Company,Inc. UOM QTY I Unit I Extended Pkg 1 Base Bid Items = 1.1 Traffic Control and Regulation(01555) LS 1 1.2 Flagmen(01555) LS $43,000.00' $50,000.00 1 $43,000.00 $43,000.00 Storm Water Pollution Prevention Plan 1.3 Implementation(01565) LS 1 $200.00 1.4 Reinforced Fitter Fabric Barrier(01561) LF 5015 $525.50 1.5 Inlet Protection Barrier(01566) LF 360 $ .00 $8,525.50 1.6 Sand Bags(01566) $44.00 $1, $350.00 1.7 Stabilized Construction Exit(Install)(01550) EA $35.00 $SY 200.00 $33.00 $13,200.00 1.8 Stabilized Construction Exit(Remove)(01550) SY , 1.9 Trench Safety System(01570) LF $5.00 $2,000.00 6500 $3.00 1.10 Project Identification Signs(01580) EA $$2,200.00 2 $1,100.00 1.11 Clearing and Grubbing(02200) AC 1 $11,000.00 Remove and Dispose-Concrete Foundations, 00.00 $111,000.00 1.12 Curbs,Buried Debris(02220) SY 1250 $25.00 Remove and Dispose-Concrete Driveways $31,250.00 1.13 (02220) SY 1455 1.14 Replace Concrete Driveways(02980) SY 1455 $22.00 04,760.00 $72.00 $11 Remove and Dispose-Asphalt Driveways 04,760.00 1.15 (02220) SY 715 $31.00 1.16 Replace Asphalt Driveways(02980) SY 715 $42,900.00 Remove and Dispose-Asphalt Roadway,With $60.00 $42,900.00 or Without Base(For Open Cut Water Line Installation)Pear Street,and North of Walnut 1.17 Street(02220) SY 770 $36.00 $27,720.00 Replace Asphalt Roadway to TxDOT Standards (For Open Cut Water Line Installation)-Pear 1.18 Street,and North of Walnut Street(02980) SY 770 $76.00 Remove and Dispose-Concrete Roadway,With $58,520.00 or Without Base(For Open Cut Water Line 1.19 Installation)-John Lizer Road(02220) SY 45 $30.00 Replace Concrete Roadway to TxDOT Standards $1,350.00 (For Open Cut Water Line Installation)-John 1.20 Lizer Road(02980) SY 45 1.21 Curb,Curb&Gutter,and Headers(02770) LF $100.00 $4,500.00 1.22 Hydromulch Seeding(02921) AC 355 00 .00 $3,905.00 Install and Remove Temporary Chain Link Fence 4 $2,000.00 $8,000.00 1.23 (01500) LF 20 $53.00 $1,060.00 Remove&Reinstall Existing Street Signs, Billboards,Fences,Bollards,Landscape Sprinklers/Piping,Water Meter Boxes/Piping, 1.24 Trees,and other Surface Feature Items(01500) LS 1 $11,000.00 16-inch PVC Water Main&A $11,000.00 Appurtenances 1.25 Complete-in-Place(Open Cut)(02510) LF 6015 16-inch PVC Water Main&Appurtenances $112.75 $678,191.25 1.26 Complete-in-Place(Auger)(02417) LF 130 $139.75 $18,167.50 16-inch PVC Water Main w/Restrained Joints and Appurtenances in Welded 24"Steel Casing 1.27 Complete-in-Place(Auger)(02417) LF 310 $297.75 1.28 12"PVC Water Main(Open Cut)(0251 0) LF 50 $92,302.50 $68.00 $3,990.00 1.29 8"PVC Water Main(Open Cut)(02510) LF 1.30 6"PVC Water Main(Open Cut)(02510) LF 20 $57.00 $3,060.00 $53.00 $1,060.00 12-inch PVC Water Main w/Restrained Joints and Appurtenances in Welded 20"Steel Casing 1.31 Complete-in-Place(Auger)(02417) LF 80 $220.00 $17,600.00 1 of 3 Bid#1015-03 Reddico Construction Company,Inc. Line Description UOM QTY Unit 16-inch Fusible PVC Water Main in Uncased Extended 1.32 Bore(Directional Drill)(02420) LF 363 $265.00 1.33 2"Gooseneck Connection(02510) EA $96,700.00 1 $800 1.34 6"Wet Connection(02510) EA $700.00 $800.00 1 $800.00 $800.00 1.35 16"Wet Connection(02510) EA 1.36 20"Wet Connection(02510) EA 1 $2,500.00 $2,500.00 1 $3,400.00 $3,400.00 Cut,Plug&Abandon Exist 8"Water Line 1.37 (02510) EA 1 $500.00 Grout-Fill Exist 8"Water Line along SH 35 $500.00 1.38 (02510) LF ' 630 $9.00 Cut,Plug&Abandon Exist 6"Water Line $5,670.00 1.39 (02510) EA 1 $500.00 Grout-Fill Exist 6"Watt Line along SH 35 $500.00 1.40 (02510) LF 540 $10.00 Cut,Plug&Abandon Exist 8"Sanitary Sewer $5,400.00 1.41 (02530) EA 1 $900.00 $900.00 Fire hydrant Assembly Including 6"Branch,6" 1.42 Gate Valve&Box,Complete in Place(02514) EA 22 $5,100.00 $112,200.00 Remove and Salvage Fire Hydrant and Deliver to 1.43 City of Pearland Public Works Dept(01100) EA 1 $600.00 Regrade Existing Swales and Roadside Ditch $600.00 1.44 (01140) LF 250 $9.00 Clean,Plug&Backfill Abandoned Sanitary $2,250.00 Sewer Manholes,Remove and Dispose of Cone 1.45 (02220) EA 4 $1,200.00 Remove and Dispose of Abandoned Sanitary $4,800.00 Sewer Lift Station,Manhole and 10"Sanitary 1.46 Sewer at Sta.47+10(02220) LS 1 $11,000.00 Precast Concrete Corrosion-Resistant Sanitary $11,000.00 1.47 Sewer Manhole(02542) EA 2 $6,000.00 6"PVC Sanitary Sewer Service Line Connections $12,000.00 1.48 at Manholes(02542) EA 2 $225.00 6"PVC Sanitary Sewer Service Line(Open Cut) $450.00 1.49 (02531) LF 90 $62.00 6"PVC Sanitary Sewer Service Line in 10"Steel $5,580.00 1.50 Casing(Auger)(02415) LF 55 $144.00 $7,920.00 1.51 12"PVC Sanitary Sewer Line(Open Cut)(02530) LF 10 $98.00 1.52 16"Gate Valve&Box(02541) EA 10 $980.00 1.53 12"Gate Valve w/Box(02541) EA 1 $2,700.00 $72,000.00 1.54 8"Gate Valve w/Box(02541) EA $2,500.00 $2,700.00 1.55 6"Gate Valve w/Box(02541) EA 2 $1,500.00 $3,000.00 16"x12"Tee, 12"Gate Valve&Box,and 12" 1 $1,100.00 $1,100.00 Blind Flange,along 16"Waterline south of Walnut St,w/location to be designated by City of 1.56 Pearland Public Works(02541) EA 2 $4,300.00 Water Tap&Polyethylene Service Line,Short $8,600.00 1.57 Side(1")(02515) _EA _ 5 $1,600.00 $8,000.00 Total-Package 1 $1,685,011.75 2 of 3 Bid#1015-03 Line Description Reddico Construction Company,Inc. UOM QTY I Unit I Extended Extra Work Items:These items are extra work items -- - and are to be used only if ordered by the Owner's Engineer or Construction Manager. No compensation will be received for any part of the quantities unless they are ordered and used on the job. The cost of these items should be included in the total construction Pkg 2 bid.' Groundwater Control for Open Cut Construction 2.1 (01564) LF 500 Additional Removal of Concrete Roadway,With $26.00 $13,000.00 2.2 or Without base(02220) SY 50 Additional Replacement of Concrete Roadway $30.00 $1,500.00 2.3 (02980) SY 50 Additional Removal of Asphalt Roadway,With or $100.00 $5,000.00 2.4 Without base(02220) SY 50 Additional Replacement of Asphalt Roadway $36.00 $1,800.00 2.5 (02980) SY 50 $60.00 2.6 Hand Excavation(02318) CY 10 $3,000.00 Water Tap&Polyethylene Service Line,Short $26.00 $260.00 2.7 Side(1")(02515) EA 2 Water Tap&Polyethylene Service Line,Short $1,600.00 $3,200.00 2.8 Side(2")(02515) EA 2 $1,900.00 $3,800.00 Total-Package 2 $31,560.00 Pkg 3 3.1 (Mobilization(Maximum value is limited to 3%of 1 subtotal)(01505) 1 `LS I 11 $50,500.001 Total-Package 3 $50,500.00 Response Total $1,767,071.75 3of3 Bid#1015-03 ° "a w a E ,EI1 Y co S .-.IF::',Wk. 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S9�E a s" gg K1ej xi fS `ss .� - _d a tg h ix I yy �' q$ ir : ii- 'i Sa El j ,g1�i_ a- eS -3s =g° : _ iYay e; Q : _x• S � Sea, 1Y §� i�� eQ � : h�. �� =a� 6 a: i` x 4 4 1➢;s` x x6 x Y 2,1 @ 3 4 pi y i1 4 ya ;x:ba ,S I. x Y 4 g - i e $`x x -e .3 x i`a ei iy. tl r4 c s?3 aS g;i ai Y 115 hil x! ni /: y al ai..I x 4 01 i5 s E. .g4 es'1 a8 dd B l6 46 i}6I i AEI 16 rEqg pga 1 Y1 114!✓g g li q: SE 1 '%:Sji 6 5° xi S ii S xi S;S 01 NEI:E4 ii 4 a YbE Y Y Yt xii SS@ g g� 4 big- a Y-6 ii " 4 • _ _ _ _ _ _ _ _ _ _ 5EY'zit CITY OF PEARLAND SUMMARY OF WORK Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES A A summary of the Work to be performed under this Contract,work by Owner,Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A Work of the Contract is for the construction of 16-inch, 12-inch and 8-inch diameter water lines, including appurtenances, from FM 518 to Magnolia Road. B Contractor shall provide his own Construction Staking. 1.03 WORK BY OWNER A Not applicable to this project. 1.04 OWNER FURNISHED PRODUCTS A Not applicable to this project. 1.05 WORK SEQUENCE A Coordinate as necessary with TxDOT for installations within State Highway 35 rights- of-way. B Coordinate as necessary with Brazoria Drainage District No.4 for installations within the Mary's Creek right-of-way. C Any existing fire hydrants to be removed shall be salvaged and delivered to the City of Pearland Public Works Department. D Contractor to submit project schedule to Engineer&Owner for approval as specified in Section 01300—Submittals. E Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 - Coordination and Meetings. 1.06 FUTURE WORK A Not applicable to this project. 1.07 CONTRACTOR'S USE OF PREMISES 05/2008 01100- 1 of 2 CITY OF PEARLAND SUMMARY OF WORK A Comply with procedures for access to the site and Contractor's use of rights-of-way as specified in Section 01140 - Contractor's Use of Premises. B Contractor shall be responsible for all utilities required for construction. 1.08 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION-NotUsed END OF SECTION 05/2008 01100-2of2 CITY OF PEARLAND UTILITY HORIZONTAL DIRECTIONAL DRILLING Section 02313S UTILITY HORIZONTAL DIRECTIONAL DRILLING 1.01 GENERAL 1.02 WORK INCLUDED A. Provide and install underground water and sewer line using the horizontal directional drilling(HDD) method of installation, also commonly referred to as directional boring, guided horizontal boring. This work shall include all services, equipment, materials, and labor for the complete and proper installation, testing, restoration of underground utilities and erosion and sedimentation control and restoration. 1.03 QUALITY ASSURANCE A. The requirements set forth in this document specify a wide range of procedural precautions necessary to provide the very basic, essential aspects of a proper directional bore installation and are adequately controlled. Strict adherence shall be required under specifically covered conditions outlined in this specification. Adherence to the specifications contained herein, or the Owner's Representative approval of any aspect of any directional bore operation covered by this specification, shall in no way relieve the Contractor of their ultimate responsibility for the satisfactory completion of the work authorized under the Contract. 1. Installer's Qualifications: Installation shall be by a competent, experienced contractor or sub-contractor. The installation contractor shall have a satisfactory experience record of at least 3 years engaged in similar work of equal scope. If patented processes are involved based on the pipe selection, the installer shall be licensed, trained and in good standing with the pipe manufacturer. 2. Performance Requirements: Lateral or vertical variation in the final position of the carrier pipe from the line and grade established by the plans shall be permitted only to the extent of 4 percent for water lines and horizontal deflections for sewer lines,provided that such variation shall be regular and only in the direction that will not detrimentally affect the function of the carrier pipe. Vertical deflections for sewer lines may be permitted as long as the slope is continuous (no sags), meets Texas Commission on Environmental Quality minimum slope requirements, and will flow by gravity with no surcharge and into existing or proposed downstream improvements. 3. Certification: Pipe products shall have been tested and approved by an independent third-party laboratory for continuous use at rated pressures. Pipe and couplings intended for contact with potable water shall be evaluated, tested, and certified for conformance with NSF Standard 61 by an acceptable certifying organization. 4. Design Criteria: The maximum allowable load for PVC pipe installations shall produce a maximum deflection of 4 percent. The maximum allowable 02/201-1 02313S - 1 of 10 CITY OF PEARLAND UTILITY HORIZONTAL DIRECTIONAL DRILLING load for HDPE piping used for sanitary sewer shall produce a maximum long term 50 year deflection of 4.2 percent. 1.04 SUBMITTALS A. Submittals shall be in accordance with Section 01350 - Submittals and shall include: 1. Work Plan: Prior to beginning work,the Contractor shall submit to the Owner's Representative a work plan as record data detailing the procedure and schedule to be used to execute the project. The work plan should include a description of all equipment to be used, down-hole tools, a list of personnel and their qualifications and experience (including back-up personnel in the event that an individual is unavailable), list of subcontractors, a schedule of work activity, a safety plan (including MSDS of any potentially hazardous substances to be used), traffic control plan (if applicable), all excavation locations, interfering utilities, and flow bypass, an erosion and sedimentation control plan and contingency plans for possible problems. Work plan should be comprehensive, realistic and based on actual working conditions for the project. 2. Equipment: Contractor will submit specifications on directional drilling equipment as record data. Equipment shall include but not be limited to: drilling rig, butt fusion welding apparatus, mud system, mud motors (if applicable), down-hole tools, guidance system, rig safety systems. Calibration records for guidance equipment shall be included. Specifications for any drilling fluid additives that Contractor intends to use or might use will be submitted. 3. Material: Provide shop drawings of the pipe with material specifications, including size, type, diameter and manufacturer's data and certifications on piping and jointing methods. The shop drawing shall include a Certificate of Adequacy of Design stating the pipe and fittings are satisfactory for the loads which will be imposed during for all loading conditions. 4. Contractor shall maintain a daily project log of drilling operations and a guidance system log along with a fusion report for all butt fused welding of joints with a copy given to Owner's Representative at completion of project. 1.05 STANDARDS A. The applicable provisions of the following standards shall apply as if written here in their entirety: 1. American National Standards Institute (ANSI)/NSF Standards: a. ANSI/NSF 61 -Drinking Water System Components—Health Effects 2. American Society for Testing and Materials (ASTM) Standards: 02/2014 02313S -2of10 CITY OF PEARLAND UTILITY HORIZONTAL DIRECTIONAL DRILLING a. ASTM D2241 - Standard Specification for Poly (Vinyl Chloride) PVC Pressure Rated Pipe b. ASTM D3034 - Standard Specification for type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings c. ASTM D 1784 - Standard Specification for Rigid PVC Compounds and Chlorinated PVC Compounds d. ASTM D2837-Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials e. ASTM D3139 - Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals f. ASTM F477-Standard Specification for Elastomeric Seals(Gaskets)for Joining Plastic Pressure Pipe g. ASTM F714 - Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter h. ASTM D1248 - Specification for Polyethylene Plastics Molding and Extrusion Materials i. ASTM D3350-Specification for Polyethylene Plastics Pipe and Fittings Material j. ASTM F1804 - Standard Practice for Determining Allowable Tensile Load for Polyethylene (PE) Gas Pipe During Pull-In Installation 3. American Water Works Associations (AWWA) Standards: a. AWWA C901 - Standard Specification for Polyethylene (PE) Pressure Pipe and Tubing, 1/2 through 3 Inches, for Water Service b. AWWA C900-Standard for PVC Pressure Pipe and Fabricated Fittings, 4 through 12 inches, for Water Distribution c. AWWA C905-Standard for PVC Pressure Pipe and Fabricated Fittings, 14 through 48 inches, for Water Distribution d. AWWA C906 - Standard for Polyethylene (PE) Pressure Pipe and Fittings, 4 through 63 inches, for Water Distribution and Transmission 1.06 DELIVERY AND STORAGE A. Store pipe material so that there is no exposure to sunlight. 1.07 JOB CONDITIONS; PERMITS AND EASEMENT REQUIREMENTS A. Where the work is in the public right-of-way or railroad company right-of-way, the Owner will secure the appropriate permits or easements. The Contractor shall observe regulations and instructions of the right-of-way Owner as to the methods of performing the work and take precautions for the safety of the property and the public. Negotiations and coordination with the right-of-way Owner shall be carried on by the Contractor, not less than 5 days prior to the time of his intentions to begin work on the right-of-way. B. Comply with the requirements of the permit and/or easement. Work within the Texas Department of Transportation (TxDOT)right of way shall comply with TxDOT requirements. If required by the Right-of-Way Owner, obtain Protective Liability Insurance in the amount required by the particular company or other insurance as is 02/2014 02313S -3 of 10 CITY OF PEARLAND UTILITY HORIZONTAL DIRECTIONAL DRILLING specified in the permit at no cost to the Owner. Acquire a permit, agreement, or work order from the right-of-way Owner as is required. C. Construction along roads, railroads and public areas shall be performed in such manner that does not interfere with the operations of the roads, driveways, sidewalks, pedestrian traffic and railroads. D. Barricades, warning signs, and flagmen, when necessary and specified, shall be provided by the Contractor. E. No blasting shall be allowed. F. Existing pipelines and underground conduits are to be protected. The Contractor shall verify location and elevation of any pipe lines,telephone cable and fiber optics before proceeding with the construction and shall plan his construction so as to avoid damage to the existing pipe lines or telephone cables. Verification of location (vertical and horizontal)of existing utilities shall be the complete responsibility of the Contractor. 2.00 PRODUCTS 2.01 GENERAL A. The directional drilling equipment shall consist of a directional drilling rig of sufficient capacity to perform the bore and pullback the pipe, a drilling fluid mixing, delivery and recovery system of sufficient capacity to successfully complete the crossing, a drilling fluid recycling system to remove solids from the drilling fluid so that the fluid can be re-used, a guidance system to accurately guide boring operations, a vacuum truck of sufficient capacity to handle the drilling fluid volume, trained and competent personnel to operate the system. B. All equipment shall be in good, safe operating condition with sufficient supplies, materials and spare parts on hand to maintain the system in good working order for the duration of this project. 2.02 DRILLING SYSTEM A. Drilling Rig: The directional drilling machine shall consist of a hydraulically powered system to rotate, push and pull hollow drill pipe into the ground at a variable angle while delivering a pressurized fluid mixture to a guidable drill (bore) head. The machine shall be anchored to the ground to withstand the pulling,pushing and rotating pressure required to complete the crossing. The hydraulic power system shall be self-contained with sufficient pressure and volume to power drilling operations. Hydraulic system shall be free of leaks. Rig shall have a system to monitor and record maximum pull-back pressure during pullback operations. The rig shall be grounded during drilling and pull-back operations. There shall be a system to detect electrical current from the drill string and an audible alarm which automatically sounds when an electrical current is detected. B. Drill Head: The drill head shall be steerable by changing its rotation and shall provide the necessary cutting surfaces and drilling fluid jets. C. Mud Motors (if required): Mud motors shall be of adequate power to turn the required drilling tools. 02/201; 02313S-4 of 10 CITY OF PEARLAND UTILITY HORIZONTAL DIRECTIONAL DRILLING D. Drill Pipe: Shall be constructed of high quality 4130 seamless tubing, grade D or better, with threaded box and pins. Tool joints should be hardened to 32-36 RC. 2.03 GUIDANCE SYSTEM A. A Magnetic Guidance System (MGS) or proven gyroscopic system shall be used to provide a continuous and accurate determination of the location of the drill head during the drilling operation. The guidance shall be capable of tracking at all depths up to 100 feet and in any soil condition, including hard rock. It shall enable the driller to guide the drill head by providing immediate information on the tool face, azimuth (horizontal direction), and inclination (vertical direction). The guidance system shall be accurate to plus or minus 2 percent of the vertical depth of the bore hole at sensing position at depths up to 100 feet and accurate within 1.5 meters horizontally. B. The Guidance System shall be of a proven type and shall be operated by personnel trained and experienced with this system. The Operator shall be aware of any magnetic anomalies on the surface of the drill path and shall consider such influences in the operation of the guidance system if using a magnetic system. 2.04 DRILLING FLUID MUD SYSTEM A. Mixing System: A self-contained, closed, drilling fluid mixing system shall be of sufficient size to mix and deliver drilling fluid. The drilling fluid reservoir tank shall be of sufficient size for making the bore. Mixing system shall continually agitate the drilling fluid during drilling operations. B. Drilling Fluids: Drilling fluid shall be composed of clean water and appropriate additives. Water shall be from an authorized source with a pH of 8.5 to 10. Water of a lower pH or with excessive calcium shall be treated with the appropriate amount of sodium carbonate or equal. The water and additives shall be mixed thoroughly and be absent of any clumps or clods. No potentially hazardous material may be used in drilling fluid. C. Delivery System: The mud pumping system shall have a minimum capacity to maintain correct boring alignment and be capable of delivering the drilling fluid at a constant pressure. The delivery system shall have filters in-line to prevent solids from being pumped into the drill pipe. Connections between the pump and drill pipe shall be relatively leak-free. Used drilling fluid and drilling fluid spilled during drilling operations shall be contained and conveyed to the drilling fluid recycling system. A berm, minimum of 12 inches high, shall be maintained around drill rigs, drilling fluid mixing system, entry and exit pits and drilling fluid recycling system to prevent spills into the surrounding environment. Pumps and or vacuum truck(s)of sufficient size shall be in place to convey excess drilling fluid from containment areas to storage and recycling facilities. D. Drilling Fluid Recycling System: The drilling fluid recycling system shall separate sand, dirt and other solids from the drilling fluid to render the drilling fluid reusable. Spoils separated from the drilling fluid will be stockpiled for later use or disposal. 02/2014 02313S -5 of 10 CITY OF PEARLAND UTILITY HORIZONTAL DIRECTIONAL DRILLING 2.05 OTHER EQUIPMENT A. Pipe Rammers: Hydraulic or pneumatic pipe rammers may only be used if necessary and with the authorization of Engineer. B. Restrictions: Other devices or utility placement systems for providing horizontal thrust other than those previously defined in the preceding sections shall not be used unless approved by the Engineer prior to commencement of the work. Consideration for approval will be made on an individual basis for each specified location. The proposed device or system will be evaluated prior to approval or rejection on its potential ability to complete the utility placement satisfactorily without undue stoppage and to maintain line and grade within the tolerances prescribed by the particular conditions of the project. 2.06 PIPING MATERIALS A. Water Line Materials: 1. PVC Water Line Piping 4 through 12 inches shall be Diamond Lok-21 C 900 CLASS 235 (DR-I8), Fusible C 900 CLASS 235 (DR-18) by Underground Solutions or approved equal. PVC Water Line Piping 14 through 36 inches shall be Diamond Lok-21 C 905 CLASS 235 (DR-18), Fusible C 905 CLASS 235 (DR-18) by Underground Solutions or approved equal. 2. HDPE Water Line Piping 4 through 30 inches shall be AWWA C906 with ductile iron sizing system (DIOD), PE3408 Materials, DR11 Pressure Class 160. B. Pipe Markings: Pipe shall be legibly marked in permanent ink with the manufacturer and trade name, nominal size and DR rating/pressure class, hydrostatic proof test pressure,NSF 61 if applicable, and manufacturer date code. Pipe and couplings shall also bear the mark of the certifying agency which have tested and approved the product for use in fire protection applications. C. Tracer Wire: All piping shall be installed with a continuous, insulated TW, THW, THWN or HMWPE insulated copper, 10 gauge or thicker wire for pipeline location purposes by means of an electronic line tracer. The wire shall be installed along the entire length of pipe. The insulation color shall match the color of the pipe being installed. Sections of wire shall be spliced together using approved splice caps and water proof seals. Twisting the wires together is not acceptable. D. PVC Couplings: Pipes shall be jointed using non-metallic couplings which have been designed as an integral system. High strength thermoplastic splines shall be inserted into mating precision machined grooves in the pipe and coupling to provide full 360- degree restraint with evenly distributed loading. No external pipe to pipe restraining devices which clamp onto or otherwise damage the pipe surface will be allowed. Pipe couplings shall have a leading beveled edge to reduce resistance during pulling operations. Couplings shall be designed for use at the rated pressure of the pipe which they are used and shall incorporate twin elastomeric sealing gaskets meeting the requirements of ASTM F477. Joints shall be designed to meet the leakage requirements of ASTM D3139. 02/2014 02313S -6 of 10 CITY OF PEARLAND UTILITY HORIZONTAL DIRECTIONAL DRILLING 3.00 EXECUTION 3.01 GENERAL A. The Engineer and Owner's Representative must be notified 48 hours in advance of starting work. The Directional Bore shall not begin until the Owner's Representative is present at the job site and agrees that proper preparations for the operation have been made. B. The approval for beginning the installation shall in no way relieve the Contractor of the ultimate responsibility for the satisfactory completion of the work as authorized under the Contract. It shall be the responsibility of Owner's Representative to provide inspection personnel at such times as appropriate without causing undue hardship by reason of delay to the Contractor. 3.02 PERSONNEL REQUIREMENTS A. All personnel shall be fully trained in their respective duties as part of the directional drilling crew and in safety. The operator of the drilling rig must have at least 3 years directional drilling experience. A responsible representative who is thoroughly familiar with the equipment and type work to be performed, must be in direct charge and control of the operation at all times. In all cases the supervisor must be continually present at the job site during the actual Directional Bore operation. The Contractor shall have a sufficient number of competent workers on the job at all times to insure the Directional Bore is made in a timely and satisfactory manner. 3.03 DRILLING PROCEDURES A. Site Preparation: Prior to any alterations to work-site, contractor shall photograph or video tape entire work area, including entry and exit points, one copy of which shall be given to Owner's Representative and one copy to remain with contractor for a period of I year following the completion of the project. Work sites shall be within right-of-way and shall be graded or filled to provide a level working area. No alterations beyond what is required for operations are to be made. Contractor shall confine all activities to designated work areas. B. Drill Path Survey: Entire drill path shall be accurately surveyed by the Contractor with entry and exit stakes placed in the appropriate locations within the areas determined in the field with the Owner's Representative Locate existing utilities in advance of boring operations. The Contractor shall be responsible for repairing damage to existing utilities at no additional cost to the Owner. Repair of existing utilities shall proceed until complete and the existing utility is back in service. If contractor is using a magnetic guidance system, drill path will be surveyed by the Contractor for any surface magnetic variations or anomalies. C. Environmental Protection: Contractor shall place silt fence between all drilling operations and any drainage, wetland, waterway or other area designated for such protection by contract documents, state, federal and local regulations. Additional environmental protection necessary to contain any hydraulic or drilling fluid spills shall be put in place, including berms, liners, turbidity curtains and other measures. Contractor shall adhere to all applicable environmental regulations. Fuel may not be stored in bulk containers within 200 feet of any water-body or wetland. 02/2014 02313S - 7of10 CITY OF PEARLAND UTILITY HORIZONTAL DIRECTIONAL DRILLING D. Safety: Contractor shall adhere to all applicable state, federal and local safety regulations and all operations shall be conducted in a safe manner. E. Pilot Hole: 1. Pilot hole shall be drilled on bore path with no deviations greater than 4 percent horizontally or vertically(water lines) over a length of 100 feet. In the event that pilot hole does deviate from bore path more than 4 percent, Contractor shall notify Owner's Representative who may require contractor to pull-back and re-drill from the location along bore path before the deviation. In the event that a drilling fluid fracture, inadvertent returns or returns loss occurs during pilot hole drilling operations, contractor shall cease drilling, wait at least 30 minutes, inject a quantity of drilling fluid with a viscosity exceeding 120 seconds as measured by a March funnel and then wait another 30 minutes. 2. If mud fracture or returns loss continues, contractor will cease operations and notify Owner's Representative. Owner's Representative and contractor will discuss additional options and work will then proceed accordingly. F. Reaming: Upon successful completion of pilot hole, contractor will ream bore hole to a minimum of 25 percent greater than outside diameter of pipe using the appropriate tools. Contractor will not attempt to ream at one time more than the drilling equipment and mud system are designed to safely handle. G. Pull-Back: 1. After successfully reaming bore hole to the required diameter, contractor will pull the pipe through the bore hole. In front of the pipe will be a swivel and reamer to compact bore hole walls. Pull loads shall not exceed the limits shown in the following tables. Once pull-back operations have commenced, operations must continue without interruption until pipe is completely pulled into bore hole. HDPE Maximum Pull Loads(lb.)-ASTM F1804 Nominal OD DR 7 9 11 13.5 15.5 17 21 26 12 13.2 73,157 59,007 49,376 40,977 36,058 33,077 27,095 22,095 16 17.4 127,118 102,531 85,796 71,202 62,655 57,474 47,081 38,392 PVC-Diamond Lok-21 Maximum Pull Loads AWWA C900 Size DR Minimum Maximum Pull (in.) Radius(ft.) In Force(lb.), 12 18 (235 psi) 300 45,000 AWWA C905 02/201-1 02313S -8of10 CITY OF PEARLAND UTILITY HORIZONTAL DIRECTIONAL DRILLING Size DR Minimum Maximum Pull (in.) Radius(ft.) In Force(lb.) 16 18 (235 psi) 400 60,000 PVC Fusible PVC-Underground Solutions Maximum Pull Loads AWWA C900 Size! DR Minimum Maximum Pull (in.) Radius(ft.) In Force(lb.) 12 18 (235 psi) 275 80,300 AWWA C905 Size DR Minimum Maximum Pull (in.) Radius(ft.) In Force(lb.) 16 18 (235 psi) 363 139,700 2. During pull-back operations contractor will not apply more than the maximum safe pipe pull pressure at any time. In the event that pipe becomes stuck, contractor will cease pulling operations to allow any potential hydro-lock to subside and will recommence pulling operations. If pipe remains stuck, contractor will notify Owner's Representative to discuss options and then work will proceed accordingly. 3.04 HDPE AND FUSIBLE PVC PIPE JOINING A. The pipe shall be assembled and joined at the site using the thermal butt-fusion method to provide a leak proof joint. Threaded or solvent-cement joints and connections are not permitted. All equipment and procedures used shall be used in strict compliance with the manufacturer's recommendations. Fusing shall be accomplished by personnel certified as fusion technicians by a manufacturer of polyethylene pipe and/or fusing equipment. B. The butt-fused joint shall be true alignment and shall have uniform roll-back beads resulting from the use of proper temperature and pressure. The joint shall be allowed adequate cooling time before removal of pressure. When cool, all weld beads shall then be removed from both the inside and outside surface such that the joint surfaces shall be smooth. The fused joint shall be watertight and shall have tensile strength equal to that of the pipe. All joints shall be subject to acceptance by the Owner's Representative prior to insertion. All defective joints shall be cut out and replaced at no cost to the Owner. Any section of the pipe with a gash, blister, abrasion, nick, scar or other deleterious fault greater in depth than 10 percent of the wall thickness, shall not be used and must be removed from the site. However, a defective area of the pipe may be cut out and the joint fused in accordance with the procedures stated above. In addition, any section of pipe having other defects such as concentrated ridges, discoloration, excessive spot roughness, pitting, variable wall thickness or any other defect of manufacturing or handling as determined by the Owner's Representative shall be discarded and not used. 02/2014 02313S-9of10 CITY OF PEARLAND UTILITY HORIZONTAL DIRECTIONAL DRILLING C. Terminal sections of pipe that are joined within the insertion pit shall be connected with a Series 3800 Restrained Coupling with SS wall stiffening insert as manufactured by EBAA Iron, Inc, or with fuse welded flanges and 316 SS bolts. 3.05 PIPE TESTING A. Following successful pull-back of pipe, contractor will test pipe using potable water according to Section 01430 - Contractor's Quality Control. A calibrated pressure recorder will be used to record the pressure during the test period. This record will be presented to Owner's Representative. 3.06 TRACER WIRE TESTING A. Upon completion the Contractor shall demonstrate that the wire is continuous and unbroken through the entire run of the pipe including full signal conductivity (including splices). If the wire is broken, the Contractor shall repair or replace it. Pipeline installation will not be accepted until the wire passes a continuity test. 3.07 SITE RESTORATION A. Following drilling operations, contractor will de-mobilize equipment and restore the work site to original condition. All excavations will be backfilled and compacted to 95 percent of original density. Replace grass by hydro-mulch seeding including both permanent bermuda grass seed and winter wheat seed such that the grass that was present in pre-construction conditions is replaced and/or restored to its condition in as good or better condition than prior to construction. Sod of equal type to existing grass, shall be placed in disturbed areas in residential yards and in disturbed R.O.W. areas immediately adjacent to residential yards. END OF SECTION 02/2014 02313S - 10 of 10 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION EXCAVATION AND BACKFILL FOR UTILITIES Section 02318 S EXCAVATION AND BACKFILL FOR UTILITIES The following supplement modifies specification Section 02318—Excavation and Bac f ll for Utilities Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown below with a . - - - - - - shall be removed. 3.05 TRENCH ZONE BACKFILL PLACEMENT AND COMPACTION E For trench excavations under pavement,place trench zone backfill in lifts and compact by methods indicated below. Fully compact each lift before placement of the next lift. 2. Cement Stabilized Sand. a. Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding 12 inches. END OF SUPPLEMENT 07/2006 023185- 1of1 CITY OF PEARLAND FUSIBLE PVC PIPE SECTION 2535 FUSIBLE PVC PIPE PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Fusible polyvinyl chloride pressure pipe for water transmission and distribution, in nominal diameters 4 inches through 12 inches. 2. Fusible polyvinyl chloride pressure pipe for water transmission and distribution, in nominal diameters 14 inches through 36 inches. 3. Fusible polyvinyl chloride pressure pipe for gravity sewers and force mains in nominal diameters 4 inches through 36 inches. B. Related Specification Sections include but are not necessarily limited to: 1. Division 0— Bidding and Contract Documents 2. Division 1 — General Requirements 1.2 MEASUREMENT AND PAYMENT A. Unit Price. No separate payment will be made for this item. Include the cost in associated items for this project. B. Stipulated Price (Lump Sum). If Contract is a Stipulated Price Contract, payment for Work in this Section is included in total Stipulated Price. 1.3 QUALITY ASSURANCE A. Referenced Standards: 1. American Water Works Association/American National Standards Institute (AWWA/ANSI): a. C 110 -American National Standard for Ductile-Iron and Gray-Iron Fittings, 3 Inches Through 48 Inches for Water. b. C 111 -American National Standard for Rubber-Gasket Joints for Ductile- Iron Pressure Pipe and Fittings. c. C 605: Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water. d. C 900 - Standard for Polyvinyl Chloride (PVC) Pressure Pipe, 4 Inches Through 12 Inches for Water Distribution. e. C 905 - Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 In. Through 48 In., for Water Transmission and Distribution. 11/2013 02535- 1 of 10 CITY OF PEARLAND FUSIBLE PVC PIPE f. C 116/A 21.16 - Protective Fusion Bonded Epoxy Coating for the Interior and Exterior Surfaces of Ductile Iron and Grey Iron Fittings for Water Supply Service. g. M 23 - PVC Pipe Manual Design and Installation 2. ASTM International (ASTM): a. D 1248 - Standard Specification for Polyethylene Plastics Molding and Extrusion Materials. b. D 1784 - Standard Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. c. D 1785 - Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120 d. D 2152 - Standard Test Method for Adequacy of Fusion of Extruded Poly(Vinyl Chloride) (PVC) Pipe and Molded Fittings by Acetone Immersion e. D 2241 - Standard Specification for Poly (Vinyl Chloride) (PVC) Pressure- Rated Pipe (SDR Series). f. D 2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications. g. D 2444 - Standard Test Method for Determination of the Impact Resistance of Thermoplastic Pipe and Fittings by Means of a Tup (Falling Weight). h. D 2680 - Specification for Acrylonitrile-Butadiene-Styrene (ABS) and Poly (Vinyl Chloride) (PVC) Composite Sewer Piping. i. D 2837 - Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials or Pressure Design Basis for Thermoplastic Pipe Products j. D 3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. k. D 3139 - Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals. I. D 3212 - Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. m.F 477 - Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. n. F 679 - Standard Specification for Poly (Vinyl Chloride) (PVC) Large- Diameter Plastic Gravity Sewer Pipe and Fittings. o. F 794 - Standard Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter. 11/2013 02535-2 of 10 CITY OF PEARLAND FUSIBLE PVC PIPE p. F 949 - Standard Specification for Poly (Vinyl Chloride) (PVC) Corrugated Sewer Pipe with Smooth Interior and Fittings. q. F 1674 — Standard Test Method for Joint Restraint Products for Use with PVC Pipe. 3. NSF International a. Standard 14: Plastics Piping System Components and Related Materials b. Standard 61: Drinking Water System Components - Health Effects 4. Plastics Pipe Institute (PPI) a. TR2 PVC Range Composition Listing of Qualified Ingredients b. TR3 - Policies and Procedures for Developing Recommended Hydrostatic Design Stresses for Thermoplastic Pipe Materials. 5. Texas Administrative Code (TAC) Rule §290.44 —Texas Commission on Environmental Quality Rules and Regulations for Public Water Systems. 1.4 SUBMITTALS A. Conform to requirements of 01350 - Submittals. B. Submit shop drawings showing design of pipe and fittings including specials fittings required to achieve alignment and grade as shown on the Drawings, pipe section lengths, fabrication, fittings, flanges, gasket material, and special details. C. Submit details of Pipe Joints and jointing procedure for PVC pipe. 1.5 QUALITY CONTROL A. Submit manufacturer's certifications that PVC pipe and fittings meet all applicable requirements of this Section and AWWA C 900, or AWWA C 905 for pressure pipe applications, or appropriate ASTM standard specified for gravity sewer pipe. B. Submit manufacturer's certification that every standard length of PVC pressure pipe for water lines and force mains has been hydrostatically pressure tested in accordance with either AWWA C 900, or AWWA C 905. Hydrostatically test each length of pipe, including the integral bell, to four (4) times the rated pressure for minimum two (2) minutes. For 14-inch diameter and greater(AWWA C 905), maximum pressure for hydrostatic test shall not exceed 500 psi. C. When foreign manufactured material is proposed for use, have material tested for conformance to applicable ASTM requirements by certified independent testing laboratory located in United States. Certification from another source is not acceptable. Furnish copies of test reports to Owner's Representative for review. Cost of testing paid by Contractor. D. Acceptance: Pipe may be rejected for failure to comply with any requirement of this specification. 11/2013 02535-3 of 10 CITY OF PEARLAND FUSIBLE PVC PIPE E. Technician Qualifications: Fusion Technician shall be fully qualified by the pipe supplier to install fusible PVC pipe of the type(s) and size(s) being used. Qualification shall be current as of the actual date of fusion performance on the project. PART 2 - PRODUCTS 2.1 MATERIAL A. Use PVC compounds in manufacture of pipe that contain no ingredient in amount that has been demonstrated to migrate into water in quantities considered to be toxic. B. Furnish PVC pressure pipe manufactured from Class 12454 PVC compound as defined in ASTM D 1784, latest version. PVC pipe conforming to AWWA C 900, and AWWA C905 shall carry the National Sanitation Foundation (NSF) seal of approval and shall be listed with Underwriters Laboratories, Inc. (U.L.). Use compounds qualifying for a Hydrostatic Design basis (HDB) rating of 4000 psi for water at 73.4 F per requirements of PPI TR3. C. Provide pipe which is homogeneous throughout, free of any significant voids, cracks, inclusions, and other defects, uniform as commercially practical in color, density, and other physical properties. Deliver pipe with surfaces free from nicks and scratches that are deeper than 10 percent of the minimum wall thickness. D. PVC pipe shall be extruded with plain ends. The ends shall be square to the pipe and free of any bevel or chamfer. There shall be no bell or gasket of any kind incorporated into the pipe. E. PVC pipe shall be manufactured in a standard 40' nominal length, or custom lengths as specified in the plans. F. PVC pipe shall be blue in color for potable water use. G. Water Distribution. a. Provide PVC pipe that bears Underwriters' Laboratories mark of approval and is acceptable without penalty to Texas State Fire Insurance Committee for use in fire protection lines. H. Do not use PVC in potentially or known contaminated areas unless proof of acceptable chemical resistance of the pipe and gasket are provided to the Owner's Representative. I. Do not use PVC in areas exposed to direct sunlight unless a suitable coating is applied to the pipe. J. Markings: All PVC pipe shall be clearly marked in accordance with the pipe standard. Intervals shall not exceed 5 feet. 11/2013 02535-4 of 10 CITY OF PEARLAND FUSIBLE PVC PIPE 1. Nominal pipe size 2. PVC 3. Dimension Ratio (DR), Standard Dimension Ratio (SDR), or Schedule 4. AWWA pressure class, or standard pressure rating for non-AWWA pipe, as applicable 5. AWWA standard designation number, or pipe type for non-AWWA pipe, as applicable 6. NSF-61 mark verifying suitability for potable water service 7. Extrusion production-record code 8. Trademark or trade name 9. Cell Classification 12454 and/or PVC material code 1120 may also be included 10.Underwriters' Laboratories mark (as applicable). 2.2 WATER DISTRIBUTION AND TRANSMISSION PIPE A. Pipe 4-inch through 12-inch in diameter: AWWA C 900, DR 18 minimum; nominal 40-foot lengths; cast-iron equivalent outside diameters. B. Pipe 14-inch through 36-inch in diameter: AWWA C 905; DR 18 and meeting the hydrostatic testing requirements of Section 02510 —Water Mains; nominal 40-foot lengths; cast-iron equivalent outside diameter. C. Hydrostatic Test: Per AWWA C 900, AWWA C 905, ANSI A 21.10 (AWWA C 110); at point of manufacture; submit manufacturer's written certification. Perform hydrostatic test in accordance with Paragraph 1.5 B of this Section. 2.3 GRAVITY SEWER PIPE A. PVC gravity sanitary sewer pipe and storm sewer pipe shall be in accordance with fusible polyvinyl chloride pipe for non potable water or pressurized wastewater not conforming to AWWA C905 dimensionality, and shall conform to AWWA C900, ASTM D2241 or ASTM D1785 for standard dimensionality, as applicable. Testing shall be in accordance with the referenced AWWA standards. B. For sewers crossing water lines, conform to requirements of Texas Administrative Code (TAC) Rule § 290.44. C. Fittings: Provide PVC gravity sewer sanitary bends, tee, or wye fittings for new sanitary sewer construction. PVC pipe fittings shall be full-bodied, either injection molded or factory fabricated. Saddle-type tee or wye fittings are not acceptable. 11/2013 02535-5 of 10 CITY OF PEARLAND FUSIBLE PVC PIPE 2.4 SANITARY SEWER FORCE MAIN PIPE A. Provide approved PVC pressure pipe conforming to requirements for water service pipe, and conforming to minimum working pressure rating specified for Sanitary Sewage Force Mains. B. Fittings: Provide ductile iron fittings as per Section 02634 - Ductile Iron Pipe and Fittings, except furnish fittings with one of following internal linings: 1. Nominal 40 mils (35 mils minimum) virgin polyethylene complying with ASTM D 1248, heat fused to interior surface of fitting 2. Nominal 40 mils (35 mils minimum) polyurethane 3. Nominal 40 mils (35 mils minimum) ceramic epoxy 4. Nominal 40 mils (35 mils minimum) fusion bonded epoxy C. Exterior Protection: Provide polyethylene wrapping of ductile-iron fittings as required by Section 02634 - Ductile Iron Pipe and Fittings. D. Hydrostatic Tests: Perform hydrostatic test in accordance with Paragraph 1.5 B of this Section. 2.5 BENDS AND FITTINGS FOR PVC PRESSURE PIPE A. Bends and Fittings: ANSI A 21.10 or ANSI A 21.53, ductile iron; ANSI A 21.11 single rubber gasket push-on type joint; minimum 150 psi pressure rating. B. Provide approved restrained joint fittings. C. For 24-inch and larger ductile iron fittings, provide 32-lb zinc anode on each ductile iron fitting in accordance with Cathodic Protection plans or provide polyethylene wrap in accordance with Section 02634 - Ductile Iron Pipe and Fittings. 2.6 FUSION JOINTS A. Unless otherwise specified, fusible PVC pipe lengths shall be assembled in the field with butt-fused joints. The Contractor shall follow the pipe supplier's written guidelines for this procedure. All fusion joints shall be completed as described in this specification. 2.7 CONNECTION AND FITTINGS FOR PRESSURE APPLICATIONS A. Connection: 1. Connections shall be defined in conjunction with the coupling of project piping, as well as the tie-ins to other piping systems. 11/2013 02535-6 of 10 CITY OF PEARLAND FUSIBLE PVC PIPE B. Ductile Iron Mechanical and Flanged Fittings 1. Acceptable fittings for use with fusible PVC pipe shall include standard ductile iron fittings conforming to AWWA/ANSI C110/A21.10, or AWWA/ANSI C153/A21.53 and AWWA/ANSI C111/A21.11. 1) Connections to fusible PVC pipe may be made using a restrained or non-restrained retainer gland product for PVC pipe, as well as for MJ or flanged fittings. 2) Bends, tees and other ductile iron fittings shall be restrained with the use of thrust blocking or other means as indicated in the construction documents. 3) Ductile iron fittings and glands must be installed per the manufacturer's guidelines. C. Sleeve-Type Couplings 1. Sleeve-type mechanical couplings shall be manufactured for use with PVC pressure pipe, and may be restrained or unrestrained as necessary. 2. Sleeve-type couplings shall be rated at the same or greater pressure carrying capacity as the pipe itself. D. Expansion and Flexible Couplings 1. Expansion-type mechanical couplings shall be manufactured for use with PVC pipe, and may be restrained or unrestrained as necessary. 2. Expansion-type mechanical couplings shall be rated at the same or greater pressure carrying capacity as the pipe itself. E. Connection Hardware 1. Bolts and nuts for buried service shall be made of non-corrosive, high- strength, low-alloy steel having the characteristics specified in ANSI/AWWA C111/A21.11, regardless of any other protective coating. 2.8 CONNECTIONS FOR GRAVITY SANITARY SEWER AND NON-PRESSURE APPLICATIONS A. The following connections are to be used in conjunction with tie-ins to other non-pressure, gravity sewer piping and/or structures, and shall be as indicated in the construction documents. B. PVC Gasketed, Push-On Couplings 1. Acceptable couplings for joining fusible PVC pipe to other sections of fusible PVC pipe or other sections of PVC pipe shall include gasketed PVC, push- on type couplings as necessary. 11/2013 02535-7 of 10 CITY OF PEARLAND FUSIBLE PVC PIPE 2. PVC gasketed, push-on fittings and/or restraint hardware must be installed per the manufacturer's guidelines. C. Sleeve-Type Couplings 1. Sleeve-type mechanical couplings shall be manufactured for use with PVC pipe, and may be restrained or unrestrained as necessary. D. Expansion and Flexible Couplings 1. Expansion-type mechanical couplings shall be manufactured for use with PVC pipe, and may be restrained or unrestrained as necessary. E. Connection Hardwire 1. Bolts and nuts for buried service shall be made of non-corrosive, high- strength, low-alloy steel having the characteristics specified in ANSI/AWWA C111/A21.11, regardless of any other protective coating. F.Connection to Sanitary Sewer Manholes and Structures 1. Fusible PVC pipe shall be connected to manholes and other structures to provide a leak-free, properly graded flow into or out of the manhole or structure. 2. Connections to existing manholes and structures shall be as indicated in the construction documents. 3. For a cored or drilled opening provide a flexible, watertight connection that meets and/or exceeds ASTM C923. 4. For a knock out opening, provide a watertight connection (waterstop or other method) meeting the material requirements of ASTM C923 that is securely attached to the pipe with stainless steel bands or other means. 5. Grout opening in manhole wall with non-shrink grout. Pour concrete collar around pipe and outside manhole opening. Provide flexible pipe joint or flexible connector within 2 feet of the collar. 1) Connections to a new manhole or structure shall be as indicated in the construction documents. 6. A flexible, watertight gasket per ASTM C 923 shall be cast integrally with riser section(s) for all precast manhole and structures. 7. Drop connections shall be required where shown on drawings. 8. Grout internal joint space with non-shrink grout. 11/2013 02535-8 of 10 CITY OF PEARLAND FUSIBLE PVC PIPE PART 3 - EXECUTION 3.1 PROTECTION A. Store pipe under cover out of direct sunlight and protect from excessive heat or harmful chemicals in accordance with manufacturer's recommendations. B. Pipe shall be off loaded, loaded, installed, handled, stored and stacked per the pipe supplier's guidelines. These guidelines include compliance with the minimum recommended bend radius and maximum safe pull force for the specific pipe being used. 3.2 FUSION PROCESS A. Fusible PVC pipe will be handled in a safe and non- destructive manner before, during, and after the fusion process and in accordance with this specification and pipe supplier's guidelines. B. Fusible PVC pipe will be fused by qualified fusion technicians holding current qualification credentials for the pipe size being fused, as documented by the pipe supplier. C. Pipe supplier's procedures shall be followed at all times during fusion operations. D. Each fusion joint shall be recorded and logged by an approved electronic monitoring device (data logger) connected to the fusion machine, which utilizes a current version of the pipe supplier's recommended and compatible software. E. Only appropriately sized and outfitted fusion machines that have been approved by the pipe supplier shall be used for the fusion process. This includes requirements for safety, maintenance, and operation with modifications made for PVC. 3.3 INSTALLATION - GENERAL A. Installation guidelines from the pipe supplier shall be followed for all installations. B. The fusible PVC pipe will be installed in a manner so as not to exceed the recommended bending radius guidelines. C. Where fusible PVC pipe is installed by pulling in tension, the recommended maximum safe pulling force, established by the pipe supplier, shall not be exceeded. 3.4 INSTALLATION — OPEN CUT A. Conform to requirements of applicable section. B. Install PVC pipe in accordance with Section 02318 — Excavation and Backfill for Utilities, AWWA C 605, ASTM D 2321 for Sewer Pipe, and manufacturer's recommendations. 11/2013 02535-9 of 10 CITY OF PEARLAND FUSIBLE PVC PIPE C. Install PVC water service pipe to clear utility lines and have minimum depth of cover below property line or grade of street, as required by Drawings: D. Avoid imposing strains that will overstress or buckle pipe when lowering pipe into trench. E. Hand shovel pipe bedding under pipe haunches and along sides of pipe barrel and compact to eliminate voids and ensure side support. F. Prevent damage by crushing or piercing. G. Allow PVC pipe to cool to ground temperature before backfilling when assembled out of trench to prevent pullout due to thermal contraction. END OF SECTION 11/2013 02535- 10 of 10 ITEM 247 FLEXIBLE BASE 247.1. Description.Construct a foundation course composed of flexible base. 247.2. Materials.Furnish uncontaminated materials of uniform quality that meet the requirements of the plans and specifications.Notify the Engineer of the proposed material sources and of changes to material sources.The Engineer may sample and test project materials at any time before compaction throughout the duration of the project to assure specification compliance.Use Tex-100-E material definitions. A. Aggregate.Furnish aggregate of the type and grade shown on the plans and conforming to the requirements of Table 1.Each source must meet Table 1 requirements for liquid limit,plasticity index, and wet ball mill for the grade specified.Do not use additives such as but not limited to lime,cement, or fly ash to modify aggregates to meet the requirements of Table 1,unless shown on the plans. Table 1 Material Requirements Property Test Method Grade 1 Grade 2 Grade 3 Grade 4 Master gradation sieve size(%retained) 2-1/2 in. — 0 0 1-3/4 in. 0 0-10 0-10 7/8 in. Tex-110-E As shown 10-35 — — on the plans 3/8 in. 30-50 — — No.4 45-65 45-75 45-75 No.40 70-85 60-85 50-85 Liquid limit,%max.' Tex-104-E 35 40 40 As shown on the plans Plasticity index,max.' 10 12 12 As shown Tex-106-E on the plans Plasticity index,min.' As shown on the plans Wet ball mill,%max! 40 45 — Wet ball mill,%max. Tex-116-E As shown increase passing the 20 20 — on the plans No.40 sieve Classification' 1.0 1.1-23 — As shown on the plans Min.compressive strength',psi Tex-117-E As shown lateral pressure 0 psi 45 35 — on the plans lateral pressure 15 psi 175 175 — 1.Determine plastic index in accordance with Tex-1 07-E(linear shrinkage)when liquid limit is unattainable as defined in Tex-104-E. 2.When a soundness value is required by the plans,test material in accordance with Tex-411-A. 3.Meet both the classification and the minimum compressive strength,unless otherwise shown on the plans. 1. Material Tolerances.The Engineer may accept material if no more than 1 of the 5 most recent gradation tests has an individual sieve outside the specified limits of the gradation. When target grading is required by the plans,no single failing test may exceed the master grading by more than 5 percentage points on sieves No.4 and larger or 3 percentage points on sieves smaller than No.4. The Engineer may accept material if no more than 1 of the 5 most recent plasticity index tests is outside the specified limit.No single failing test may exceed the allowable limit by more than 2 points. 2. Material Types.Do not use fillers or binders unless approved.Furnish the type specified on the plans in accordance with the following. a. Type A.Crushed stone produced and graded from oversize quarried aggregate that originates from a single,naturally occurring source.Do not use gravel or multiple sources. b. Type B.Crushed or uncrushed gravel.Blending of 2 or more sources is allowed. c. Type C.Crushed gravel with a minimum of 60%of the particles retained on a No.4 sieve with 2 or more crushed faces as determined by Tex-460-A,Part 1.Blending of 2 or more sources is allowed. d. Type D.Type A material or crushed concrete.Crushed concrete containing gravel will be considered Type D material.Crushed concrete must meet the requirements in Section 247.2.A.3.b,"Recycled Material(Including Crushed Concrete)Requirements,"and be managed in a way to provide for uniform quality.The Engineer may require separate dedicated stockpiles in order to verify compliance. e. Type E.As shown on the plans. 3. Recycled Material.Recycled asphalt pavement(RAP)and other recycled materials may be used when shown on the plans.Request approval to blend 2 or more sources of recycled materials. a. Limits on Percentage.When RAP is allowed,do not exceed 20%RAP by weight unless otherwise shown on the plans.The percentage limitations for other recycled materials will be as shown on the plans. b. Recycled Material(Including Crushed Concrete)Requirements. (1) Contractor Furnished Recycled Materials.When the Contractor furnishes the recycled materials,including crushed concrete,the final product will be subject to the requirements of Table 1 for the grade specified.Certify compliance with DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials Guidelines,"for Contractor furnished recycled materials.In addition,recycled materials must be free from reinforcing steel and other objectionable material and have at most 1.5%deleterious material when tested in accordance with Tex-413-A.For RAP,do not exceed a maximum percent loss from decantation of 5.0%when tested in accordance with Tex-406-A.Test RAP without removing the asphalt. (2) Department Furnished Required Recycled Materials.When the Department furnishes and requires the use of recycled materials,unless otherwise shown on the plans: • Department required recycled material will not be subject to the requirements in Table 1, • Contractor furnished materials are subject to the requirements in Table 1 and this Item, • the final product,blended,will be subject to the requirements in Table 1,and • for final product,unblended(100%Department furnished required recycled material),the liquid limit,plasticity index,wet ball mill,classification,and compressive strength is waived. Crush Department-furnished RAP so that 100%passes the 2 in. sieve. The Contractor is responsible for uniformly blending to meet the percentage required. (3) Department Furnished and Allowed Recycled Materials.When the Department furnishes and allows the use of recycled materials or allows the Contractor to furnish recycled materials,the final blended product is subject to the requirements of Table 1 and the plans. c. Recycled Material Sources.Department-owned recycled material is available to the Contractor only when shown on the plans.Return unused Department-owned recycled materials to the Department stockpile location designated by the Engineer unless otherwise shown on the plans. The use of Contractor-owned recycled materials is allowed when shown on the plans. Contractor-owned surplus recycled materials remain the property of the Contractor.Remove Contractor-owned recycled materials from the project and dispose of them in accordance with federal,state,and local regulations before project acceptance.Do not intermingle Contractor- owned recycled material with Department-owned recycled material unless approved by the Engineer. B. Water.Furnish water free of industrial wastes and other objectionable matter. C. Material Sources.When non-commercial sources are used,expose the vertical faces of all strata of material proposed for use. Secure and process the material by successive vertical cuts extending through all exposed strata,when directed. 247.3. Equipment.Provide machinery,tools,and equipment necessary for proper execution of the work. Provide rollers in accordance with Item 210,"Rolling."Provide proof rollers in accordance with Item 216, "Proof Rolling,"when required. 247.4. Construction.Construct each layer uniformly,free of loose or segregated areas,and with the required density and moisture content.Provide a smooth surface that conforms to the typical sections,lines, and grades shown on the plans or as directed. Stockpile base material temporarily at an approved location before delivery to the roadway.Build stockpiles in layers no greater than 2 ft.thick. Stockpiles must have a total height between 10 and 16 ft. unless otherwise shown on the plans.After construction and acceptance of the stockpile,loading from the stockpile for delivery is allowed.Load by making successive vertical cuts through the entire depth of the stockpile. Do not add or remove material from temporary stockpiles that require sampling and testing before delivery unless otherwise approved.Charges for additional sampling and testing required as a result of adding or removing material will be deducted from the Contractor's estimates. Haul approved flexible base in clean trucks.Deliver the required quantity to each 100-ft.station or designated stockpile site as shown on the plans.Prepare stockpile sites as directed.When delivery is to the 100-ft.station,manipulate in accordance with the applicable Items. A. Preparation of Subgrade or Existing Base.Remove or scarify existing asphalt concrete pavement in accordance with Item 105,"Removing Stabilized Base and Asphalt Pavement,"when shown on the plans or as directed.Shape the subgrade or existing base to conform to the typical sections shown on the plans or as directed. When new base is required to be mixed with existing base,deliver,place,and spread the new flexible base in the required amount per station.Manipulate and thoroughly mix the new base with existing material to provide a uniform mixture to the specified depth before shaping. When shown on the plans or directed,proof roll the roadbed in accordance with Item 216,"Proof Rolling,"before pulverizing or scarifying. Correct soft spots as directed. B. Placing.Spread and shape flexible base into a uniform layer with an approved spreader the same day as delivered unless otherwise approved.Construct layers to the thickness shown on the plans.Maintain the shape of the course.Control dust by sprinkling,as directed.Correct or replace segregated areas as directed,at no additional expense to the Department. Place successive base courses and finish courses using the same construction methods required for the first course. C. Compaction.Compact using density control unless otherwise shown on the plans.Multiple lifts are permitted when shown on the plans or approved.Bring each layer to the moisture content directed. When necessary,sprinkle the material in accordance with Item 204,"Sprinkling." Begin rolling longitudinally at the sides and proceed towards the center,overlapping on successive trips by at least 1/2 the width of the roller unit.On superelevated curves,begin rolling at the low side and progress toward the high side.Offset alternate trips of the roller.Operate rollers at a speed between 2 and 6 mph as directed. Rework,recompact,and refinish material that fails to meet or that loses required moisture,density, stability,or finish before the next course is placed or the project is accepted.Continue work until specification requirements are met.Perform the work at no additional expense to the Department. 1. Ordinary Compaction.Roll with approved compaction equipment as directed.Correct irregularities,depressions,and weak spots immediately by scarifying the areas affected,adding or removing approved material as required,reshaping,and recompacting. 2. Density Control.Compact to at least 100%of the maximum density determined by Tex-113-E unless otherwise shown on the plans.Determine the moisture content of the material at the beginning and during compaction in accordance with Tex-103-E. The Engineer will determine roadway density of completed sections in accordance with Tex-115-E.The Engineer may accept the section if no more than 1 of the 5 most recent density tests is below the specified density and the failing test is no more than 3 pcf below the specified density. D. Finishing.After completing compaction,clip,skin,or tight-blade the surface with a maintainer or subgrade trimmer to a depth of approximately 1/4 in. Remove loosened material and dispose of it at an approved location. Seal the clipped surface immediately by rolling with a pneumatic tire roller until a smooth surface is attained.Add small increments of water as needed during rolling. Shape and maintain the course and surface in conformity with the typical sections,lines,and grades as shown on the plans or as directed. In areas where surfacing is to be placed,correct grade deviations greater than 1/4 in.in 16 ft.measured longitudinally or greater than 1/4 in.over the entire width of the cross-section.Correct by loosening, adding,or removing material.Reshape and recompact in accordance with Section 247.4.C, "Compaction." E. Curing.Cure the finished section until the moisture content is at least 2 percentage points below optimum or as directed before applying the next successive course or prime coat. 247.5. Measurement.Flexible base will be measured as follows: • Flexible Base(Complete In Place).The ton,square yard,or any cubic yard method. • Flexible Base(Roadway Delivery).The ton or cubic yard in vehicle. • Flexible Base(Stockpile Delivery).The ton,cubic yard in vehicle,or cubic yard in stockpile. Measurement by the cubic yard in final position and square yard is a plans quantity measurement. The quantity to be paid for is the quantity shown in the proposal unless modified by Article 9.2,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. Measurement is further defined for payment as follows. A. Cubic Yard in Vehicle.By the cubic yard in vehicles of uniform capacity at the point of delivery. B. Cubic Yard in Stockpile.By the cubic yard in the final stockpile position by the method of average end areas. C. Cubic Yard in Final Position.By the cubic yard in the completed and accepted final position.The volume of base course is computed in place by the method of average end areas between the original subgrade or existing base surfaces and the lines,grades,and slopes of the accepted base course as shown on the plans. D. Square Yard.By the square yard of surface area in the completed and accepted final position.The surface area of the base course is based on the width of flexible base as shown on the plans. E. Ton.By the ton of dry weight in vehicles as delivered.The dry weight is determined by deducting the weight of the moisture in the material at the time of weighing from the gross weight of the material. The Engineer will determine the moisture content in the material in accordance with Tex-103-E from samples taken at the time of weighing. When material is measured in trucks,the weight of the material will be determined on certified scales, or the Contractor must provide a set of standard platform truck scales at a location approved by the Engineer. Scales must conform to the requirements of Item 520,"Weighing and Measuring Equipment." 247.6. Payment.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for the types of work shown below. No additional payment will be made for thickness or width exceeding that shown on the typical section or provided on the plans for cubic yard in the final position or square yard measurement. Sprinkling and rolling,except proof rolling,will not be paid for directly but will be subsidiary to this Item unless otherwise shown on the plans.When proof rolling is shown on the plans or directed,it will be paid for in accordance with Item 216,"Proof Rolling." Where subgrade is constructed under this Contract,correction of soft spots in the subgrade will be at the Contractor's expense.Where subgrade is not constructed under this project,correction of soft spots in the subgrade will be paid in accordance with pertinent Items or Article 4.2,"Changes in the Work." A. Flexible Base(Complete In Place).Payment will be made for the type and grade specified. For cubic yard measurement,"In Vehicle,""In Stockpile,"or"In Final Position"will be specified.For square yard measurement,a depth will be specified.This price is full compensation for furnishing materials, temporary stockpiling,assistance provided in stockpile sampling and operations to level stockpiles for measurement,loading,hauling,delivery of materials,spreading,blading,mixing,shaping,placing, compacting,reworking,finishing,correcting locations where thickness is deficient,curing,furnishing scales and labor for weighing and measuring,and equipment,labor,tools,and incidentals. B. Flexible Base(Roadway Delivery).Payment will be made for the type and grade specified.For cubic yard measurement,"In Vehicle"will be specified.The unit price bid will not include processing at the roadway. This price is full compensation for furnishing materials,temporary stockpiling,assistance provided in stockpile sampling and operations to level stockpiles for measurement,loading,hauling, delivery of materials,furnishing scales and labor for weighing and measuring,and equipment,labor, tools,and incidentals. C. Flexible Base(Stockpile Delivery).Payment will be made for the type and grade specified.For cubic yard measurement,"In Vehicle"or"In Stockpile"will be specified.The unit price bid will not include processing at the roadway.This price is full compensation for furnishing and disposing of materials, preparing the stockpile area,temporary or permanent stockpiling,assistance provided in stockpile sampling and operations to level stockpiles for measurement,loading,hauling,delivery of materials to the stockpile,furnishing scales and labor for weighing and measuring,and equipment,labor,tools,and incidentals. ITEM 340 DENSE-GRADED HOT-MIX ASPHALT(METHOD) 340.1. Description.Construct a pavement layer composed of a compacted,dense-graded mixture of aggregate and asphalt binder mixed hot in a mixing plant. 340.2. Materials.Furnish uncontaminated materials of uniform quality that meet the requirements of the plans and specifications. Notify the Engineer of all material sources.Notify the Engineer before changing any material source or formulation.When the Contractor makes a source or formulation change,the Engineer will verify that the requirements of this Item are met and may require a new laboratory mixture design,trial batch,or both.The Engineer may sample and test project materials at any time during the project to verify compliance. A. Aggregate.Furnish aggregates from sources that conform to the requirements shown in Table 1,and as specified in this Section,unless otherwise shown on the plans.Provide aggregate stockpiles that meet the definition in this Section for either coarse aggregate or fine aggregate.When reclaimed asphalt pavement(RAP)is allowed by plan note,provide RAP stockpiles in accordance with this Section.Aggregate from RAP is not required to meet Table 1 requirements unless otherwise shown on the plans. Supply mechanically crushed gravel or stone aggregates that meet the definitions in Tex-100-E.The Engineer will designate the plant or the quarry as the sampling location.Samples must be from materials produced for the project.The Engineer will establish the surface aggregate classification(SAC)and perform Los Angeles abrasion,magnesium sulfate soundness,and Micro- Deval tests.Perform all other aggregate quality tests listed in Table 1.Document all test results on the mixture design report.The Engineer may perform tests on independent or split samples to verify Contractor test results. Stockpile aggregates for each source and type separately.Determine aggregate gradations for mixture design and production testing based on the washed sieve analysis given in Tex-200-F,Part II.Do not add material to an approved stockpile from sources that do not meet the aggregate quality requirements of the Department's Bituminous Rated Source Quality Catalog (BRSQC)unless otherwise approved. 1. Coarse Aggregate.Coarse aggregate stockpiles must have no more than 20%material passing the No. 8 sieve.Provide aggregates from sources listed in the BRSQC.Provide aggregate from nonlisted sources only when tested by the Engineer and approved before use.Allow 30 calendar days for the Engineer to sample,test,and report results for nonlisted sources. Provide coarse aggregate with at least the minimum SAC shown on the plans. SAC requirements apply only to aggregates used on the surface of travel lanes,unless otherwise shown on the plans. The SAC for sources on the Department's AQMP is listed in the BRSQC. Class B aggregate meeting all other requirements in Table 1 may be blended with a Class A aggregate in order to meet requirements for Class A materials.When blending Class A and B aggregates to meet a Class A requirement,ensure that at least 50%by weight of the material retained on the No.4 sieve comes from the Class A aggregate source.Blend by volume if the bulk specific gravities of the Class A and B aggregates differ by more than 0.300.When blending,do not use Class C or D aggregates.For blending purposes,coarse aggregate from RAP will be considered as Class B aggregate. 2. RAP.RAP is salvaged,milled,pulverized,broken,or crushed asphalt pavement.Crush or break RAP so that 100%of the particles pass the 2-in.sieve. RAP from either Contractor-or Department-owned sources, including RAP generated during the project,is permitted only when shown on the plans.Department-owned RAP,if allowed for use, will be available at the location shown on the plans. When RAP is used,determine asphalt content and gradation for mixture design purposes.Perform other tests on RAP when shown on the plans. When RAP is allowed by plan note,use no more than 30%RAP in Type A or B mixtures unless otherwise shown on the plans.For all other mixtures,use no more than 20%RAP unless otherwise shown on the plans. Do not use RAP contaminated with dirt or other objectionable materials.Do not use the RAP if the decantation value exceeds 5%and the plasticity index is greater than 8.Test the stockpiled RAP for decantation in accordance with the laboratory method given in Tex-406-A,Part I. Determine the plasticity index using Tex-106-E if the decantation value exceeds 5%.The decantation and plasticity index requirements do not apply to RAP samples with asphalt removed by extraction. Do not intermingle Contractor-owned RAP stockpiles with Department-owned RAP stockpiles. Remove unused Contractor-owned RAP material from the project site upon completion of the project.Return unused Department-owned RAP to the designated stockpile location. 3. Fine Aggregate.Fine aggregates consist of manufactured sands,screenings,and field sands.Fine aggregate stockpiles must meet the gradation requirements in Table 2.Supply fine aggregates that are free from organic impurities.The Engineer may test the fine aggregate in accordance with Tex-408-A to verify the material is free from organic impurities.At most 15%of the total aggregate may be field sand or other uncrushed fine aggregate.With the exception of field sand, use fine aggregate from coarse aggregate sources that meet the requirements shown in Table 1, unless otherwise approved. If 10%or more of the stockpile is retained on the No.4 sieve,test the stockpile and verify that it meets the requirements in Table 1 for coarse aggregate angularity(Tex-460-A)and flat and elongated particles(Tex-280-F). Table 1 Aggregate Quality Requirements Property I Test Method I Requirement Coarse Aggregate SAC AQMP As shown on plans Deleterious material,%,max Tex-217-F,Part I 1,5 Decantation,%,max Tex-217-F, Part II 1.5 Micro-Deval abrasion,%,max Tex-46I-A Note 1 Los Angeles abrasion,%,max Tex-410-A 40 Magnesium sulfate soundness,5 cycles,%,max Tex-411-A 302 Coarse aggregate angularity,2 crushed faces,%,min Tex 460-A,Part I 853 Flat and elongated particles @ 5:1,%,max Tex-280-F 10 Fine Aggregate Linear shrinkage,%,max I Tex-107-E I 3 Combined Aggregate" Sand equivalent,%,min I Tex-203-F I 45 I.Not used for acceptance purposes.Used by the Engineer as an indicator of the need for further investigation. 2.Unless otherwise shown on the plans. 3.Unless otherwise shown on the plans.Only applies to crushed gravel. 4.Aggregates,without mineral filler,RAP,or additives,combined as used in the job-mix formula(JMF). Table 2 Gradation Requirements for Fine Aggregate Sieve Size %Passing by Weight or Volume 3/8" 100 #8 70-100 #200 0-30 B. Mineral Filler.Mineral filler consists of finely divided mineral matter such as agricultural lime, crusher fines,hydrated lime,cement,or fly ash.Mineral filler is allowed unless otherwise shown on the plans.Do not use more than 2%hydrated lime or cement,unless otherwise shown on the plans. The plans may require or disallow specific mineral fillers.When used,provide mineral filler that: • is sufficiently dry,free-flowing,and free from clumps and foreign matter; • does not exceed 3%linear shrinkage when tested in accordance with Tex-107-E;and • meets the gradation requirements in Table 3. Table 3 Gradation Requirements for Mineral Filler Sieve Size %Passing by Weight or Volume #8 100 #200 55-100 C. Baghouse Fines.Fines collected by the baghouse or other dust-collecting equipment may be reintroduced into the mixing drum. D. Asphalt Binder.Furnish the type and grade of performance-graded(PG)asphalt binder specified on the plans in accordance with Section 300.2.J,"Performance-Graded Binders." E. Tack Coat.Unless otherwise shown on the plans or approved,furnish CSS-1H, SS-1H,or a PG binder with a minimum high-temperature grade of PG 58 for tack coat binder in accordance with Item 300, "Asphalts,Oils,and Emulsions." Do not dilute emulsified asphalts at the terminal,in the field,or at any other location before use.If required,verify that emulsified asphalt proposed for use meets the minimum residual asphalt percentage specified in Item 300,"Asphalts,Oils,and Emulsions." The Engineer will obtain at least 1 sample of the tack coat binder per project and test it to verify compliance with Item 300.The Engineer will obtain the sample from the asphalt distributor immediately before use. F. Additives.When shown on the plans,use the type and rate of additive specified.Other additives that facilitate mixing or improve the quality of the mixture may be allowed when approved. If lime or a liquid antistripping agent is used,add in accordance with Item 301,"Asphalt Antistripping Agents."Do not add lime directly into the mixing drum of any plant where lime is removed through the exhaust stream unless the plant has a baghouse or dust collection system that reintroduces the lime back into the drum. 340.3. Equipment.Provide required or necessary equipment in accordance with Item 320,"Equipment for Asphalt Concrete Pavement." 340.4. Construction.Design,produce,store,transport,place,and compact the specified paving mixture in accordance with the requirements of this Item.Unless otherwise shown on the plans,provide the mix design.The Department will perform quality assurance(QA)testing.Provide quality control(QC)testing as needed to meet the requirements of this Item. A. Mixture Design. 1. Design Requirements.Use a Level II specialist certified by a Department-approved hot-mix asphalt certification program to develop the mixture design.Have the Level II specialist sign the design documents.Unless otherwise shown on the plans,use the typical weight design example given in Tex-204-F,Part I,to design a mixture meeting the requirements listed in Tables 1 through 6.Use an approved laboratory to perform the Hamburg Wheel test and provide results with the mixture design,or provide the laboratory mixture and request that the Department perform the Hamburg Wheel test.The Construction Division maintains a list of approved laboratories.Furnish the Engineer with representative samples of all materials used in the mixture design.The Engineer will verify the mixture design.If the design cannot be verified by the Engineer,furnish another mixture design. The Contractor may submit a new mixture design at anytime during the project.The Engineer will approve all mixture designs before the Contractor can begin production. Provide the Engineer with a mixture design report using Department-provided software.Include the following items in the report: • the combined aggregate gradation,source,specific gravity,and percent of each material used; • results of all applicable tests; • the mixing and molding temperatures; • the signature of the Level II person or persons who performed the design; • the date the mixture design was performed;and • a unique identification number for the mixture design. Table 4 Master Gradation Bands(%Passing by Weight or Volume) _and Volumetric Properties Sieve A B C D F Size Coarse Fine Coarse Fine Fine Base Base Surface Surface Mixture 1-1/2" 98.0-100.0 1" 78.0-94.0 98.0-100.0 3/4" 64.0-85.0 84.0-98.0 95.0-100.0 -1/2" 50.0-70.0 - - 98.0-100.0 - 3/8" - 60.0-80.0 70.0-85.0 85.0-100.0 98.0-100.0 #4 30.0-50.0 40.0-60.0 43.0-63.0 50.0-70.0 80.0-86.0 #8 22.0-36.0 29.0-43.0 32.0-44.0 35.0-46.0 38.0-48.0 #30 8.0-23.0 13.0-28.0 14.0-28.0 15.0-29.0 12.0-27.0 #50 3.0-19.0 6.0-20.0 7.0-21.0 7.0-20.0 6.0-19.0 #200 2.0-7.0 2.0-7.0 2.0-7.0 2.0-7.0 2.0-7.0 Design VMA',%Minimum - I 12.0 I 13.0 I 14.0 I 15.0 I 16.0 Plant-Produced VMA,%Minimum - I 11.0 I 12.0 I 13.0 I 14.0 I 15.0 1.Voids in Mineral Aggregates. Table 5 Laboratory Mixture Design Properties Property Test Method Requirement Target laboratory-molded density,% Tex-207-F 96.0' Tensile strength(dry),psi(molded to 93%±1%density) Tex-226-F 85-2002 Boil test' Tex-530-C - 1.Unless otherwise shown on the plans. 2.May exceed 200 psi when approved and may be waived when approved. 3.Used to establish baseline for comparison to production results.May be waived when approved. Table 6 Hamburg Wheel Test Requirements' High-Temperature Binder Grade Minimum#of Passes' *0.5"Rut Depth,Tested @ 122°F PG 64 or lower 10,000 PG 70 1 5,000 PG 76 or higher 20,000 1.Tested in accordance with Tex-242-F. 2.May be decreased or waived when shown on the plans. B. Job-Mix Formula Approval.The job-mix formula(JMF)is the combined aggregate gradation and target asphalt percentage used to establish target values for mixture production.JMF is the original laboratory mixture design used to produce the trial batch. The Engineer and the Contractor will verify JMF based on plant-produced mixture from the trial batch unless otherwise approved.The Engineer may accept an existing mixture design previously used on a Department project and may waive the trial batch to verify JMF.If the JMF is not verified by the Engineer from the trial batch,adjust the JMF or redesign the mix and produce as many trial batches as necessary to verify the JMF. Provide the Engineer with split samples of the mixtures and blank samples used to determine the ignition oven correction factors.The Engineer will determine the aggregate and asphalt correction factors from the ignition oven using Tex-236-F. The Engineer will use a Texas gyratory compactor calibrated in accordance with Tex-914-F in molding production samples. The Engineer will perform Tex-530-C and retain the tested sample for comparison purposes during production. The Engineer may waive the requirement for the boil test. C. JMF Field Adjustments.Produce a mixture of uniform composition closely conforming to the approved JMF. If,during initial days of production,the Contractor or Engineer determines that adjustments to the JMF are necessary to achieve the specified requirements,or to more nearly match the aggregate production, the Engineer may allow adjustment of the JMF within the tolerances of Table 7 without a laboratory redesign of the mixture. The Engineer will adjust the asphalt content to maintain desirable laboratory density near the optimum value while achieving other mix requirements. Table 7 Operational Tolerances Allowable Description Test Method Difference from Individual%retained for#8 sieve and larger JMF±Target Individual%retained for sieves smaller than#8 and Tex-200-F or ±3 0� larger than#200 Tex-236-F f3.0' %passing the#200 sieve 12.01 Asphalt content,% Tex-236-F ±0.31 Laboratory-molded density,% ±1.0 VMA,%,min Tex-207-F Note 2 1.When within these tolerances,mixture production gradations may fall outside the master grading limits;however,the percent passing the#200 sieve will be considered out of tolerance when outside the master grading limits. 2.Test and verify that Table 4 requirements are met. D. Production Operations.Perform a new trial batch when the plant or plant location is changed.The Engineer may suspend production for noncompliance with this Item.Take corrective action and obtain approval to proceed after any production suspension for noncompliance. 1. Operational Tolerances.During production,do not exceed the operational tolerances in Table 7. Stop production if testing indicates tolerances are exceeded on: • 3 consecutive tests on any individual sieve, • 4 consecutive tests on any of the sieves,or • 2 consecutive tests on asphalt content. Begin production only when test results or other information indicate,to the satisfaction of the Engineer,that the next mixture produced will be within Table 7 tolerances. 2. Storage and Heating of Materials.Do not heat the asphalt binder above the temperatures specified in Item 300,"Asphalts,Oils,and Emulsions"or outside the manufacturer's recommended values.On a daily basis,provide the Engineer with the records of asphalt binder and hot-mix asphalt discharge temperatures in accordance with Item 320,"Equipment for Asphalt Concrete Pavement."Unless otherwise approved,do not store mixture for a period long enough to affect the quality of the mixture,nor in any case longer than 12 hr. 3. Mixing and Discharge of Materials.Notify the Engineer of the target discharge temperature and produce the mixture within 25°F of the target.Monitor the temperature of the material in the truck before shipping to ensure that it does not exceed 350°F.The Department will not pay for or allow placement of any mixture produced at more than 350°F.Control the mixing time and temperature so that substantially all moisture is removed from the mixture before discharging from the plant. E. Hauling Operations.Before use,clean all truck beds to ensure mixture is not contaminated.When a release agent is necessary to coat truck beds,use a release agent on the approved list maintained by the Construction Division. F. Placement Operations.Prepare the surface by removing raised pavement markers and objectionable material such as moisture,dirt,sand,leaves,and other loose impediments from the surface before placing mixture.Remove vegetation from pavement edges.Place the mixture to meet the typical section requirements and produce a smooth,finished surface with a uniform appearance and texture. Offset longitudinal joints of successive courses of hot mix by at least 6 in.Place mixture so longitudinal joints on the surface course coincide with lane lines,or as directed.Ensure that all finished surfaces will drain properly.Place mixture within the compacted lift thickness shown in Table 8, unless otherwise shown on the plans or allowed. Table 8 Compacted Lift Thickness and Required Core Height Mixture Type Compacted Lift Thickness Minimum(in.) Maximum(in.) A 3.00 6.00 B 2.50 5.00 C 2.00 4.00 D 1.50 3.00 F 1.25 2.50 1. Weather Conditions.Place mixture when the roadway surface temperature is 60°F or higher unless otherwise approved.Measure the roadway surface temperature with a handheld infrared thermometer. Unless otherwise shown on the plans,place mixtures only when weather conditions and moisture conditions of the roadway surface are suitable in the opinion of the Engineer. 2. Tack Coat.Clean the surface before placing the tack coat.Unless otherwise approved,apply tack coat uniformly at the rate directed by the Engineer.The Engineer will set the rate between 0.04 and 0.10 gal.of residual asphalt per square yard of surface area.Apply a thin,uniform tack coat to all contact surfaces of curbs,structures,and all joints.Prevent splattering of tack coat when placed adjacent to curb,gutter,and structures.Roll the tack coat with a pneumatic-tire roller when directed.The Engineer may use Tex-243-F to verify that the tack coat has adequate adhesive properties. The Engineer may suspend paving operations until there is adequate adhesion. G. Lay-Down Operations. 1. Minimum Mixture Placement Temperatures.Use Table 9 for suggested minimum mixture placement temperatures. 2. Windrow Operations.When hot mix is placed in windrows,operate windrow pickup equipment so that substantially all the mixture deposited on the roadbed is picked up and loaded into the paver. Table 9 Suggested Minimum Mixture Placement Temperature High-Temperature Minimum Placement Temperature Binder Grade (Before Entering Paver) PG 64 or lower 260°F PG 70 270°F PG 76 280°F PG 82 or higher 290°F H. Compaction.Use air void control unless ordinary compaction control is specified on the plans.Avoid displacement of the mixture.If displacement occurs,correct to the satisfaction of the Engineer.Ensure pavement is fully compacted before allowing rollers to stand on the pavement.Unless otherwise directed,use only water or an approved release agent on rollers,tamps,and other compaction equipment.Keep diesel,gasoline,oil,grease,and other foreign matter off the mixture.Unless otherwise directed,operate vibratory rollers in static mode when not compacting,when changing directions,or when the plan depth of the pavement mat is less than 1-1/2 in. Use tamps to thoroughly compact the edges of the pavement along curbs,headers,and similar structures and in locations that will not allow thorough compaction with the rollers.The Engineer may require rolling with a trench roller on widened areas,in trenches,and in other limited areas. Allow the compacted pavement to cool to 160°F or lower before opening to traffic unless otherwise directed.When directed,sprinkle the finished mat with water or limewater to expedite opening the roadway to traffic. 1. Air Void Control.Compact dense-graded hot-mix asphalt to contain from 5%to 9%in-place air voids.Do not increase the asphalt content of the mixture to reduce pavement air voids. a. Rollers.Furnish the type,size,and number or rollers required for compaction,as approved. Use a pneumatic-tire roller to seal the surface,unless otherwise shown on the plans.Use additional rollers as required to remove any roller marks. b. Air Void Determination.Unless otherwise shown on the plans,obtain 2 roadway specimens at each location selected by the Engineer for in-place air void determination.The Engineer will measure air voids in accordance with Tex-207-F and Tex-227-F.Before drying to a constant weight,cores may be predried using a Corelok or similar vacuum device to remove excess moisture.The Engineer will use the average air void content of the 2 cores to calculate the in-place air voids at the selected location. c. Air Voids Out of Range.If the in-place air void content in the compacted mixture is below 5%or greater than 9%,change the production and placement operations to bring the in-place air void content within requirements.The Engineer may suspend production until the in-place air void content is brought to the required level,and may require a test section as described in Section 340.4.H.1.d,"Test Section." d. Test Section.Construct a test section of 1 lane-width and at most 0.2 mi. in length to demonstrate that compaction to between 5%and 9%in-place air voids can be obtained. Continue this procedure until a test section with 5%to 9%in-place air voids can be produced. The Engineer will allow only 2 test sections per day.When a test section producing satisfactory in-place air void content is placed,resume full production. 2. Ordinary Compaction Control.Furnish the type,size,and number or rollers required for compaction,as approved.Furnish at least 1 medium pneumatic-tire roller(minimum 12-ton weight).Use the control strip method given in Tex-207-F,Part IV,to establish rolling patterns that achieve maximum compaction.Follow the selected rolling pattern unless changes that affect compaction occur in the mixture or placement conditions.When such changes occur,establish a new rolling pattern.Compact the pavement to meet the requirements of the plans and specifications. When rolling with the 3-wheel,tandem or vibratory rollers,start by first rolling the joint with the adjacent pavement and then continue by rolling longitudinally at the sides. Proceed toward the center of the pavement,overlapping on successive trips by at least 1 ft.,unless otherwise directed. Make alternate trips of the roller slightly different in length.On superelevated curves,begin rolling at the low side and progress toward the high side unless otherwise directed. I. Irregularities.Immediately take corrective action if surface irregularities,including but not limited to segregation,rutting,raveling,flushing,fat spots,mat slippage,color,texture,roller marks,tears, gouges,streaks,or uncoated aggregate particles,are detected.The Engineer may suspend production or placement operations until the problem is corrected. At the expense of the Contractor and to the satisfaction of the Engineer,remove and replace any mixture that does not bond to the existing pavement or that has other surface irregularities identified above. J. Ride Quality.Use Surface Test Type A to evaluate ride quality in accordance with Item 585,"Ride Quality for Pavement Surfaces,"unless otherwise shown on the plans. 340.5. Measurement.Hot mix will be measured by the ton of composite hot mix,which includes asphalt, aggregate,and additives.Measure the weight on scales in accordance with Item 520,"Weighing and Measuring Equipment." 340.6. Payment.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"Dense-Graded Hot-Mix Asphalt (Method)"of the type,surface aggregate classification,and binder specified. These prices are full compensation for surface preparation,materials including tack coat,placement,equipment,labor,tools, and incidentals. Trial batches will not be paid for unless they are incorporated into pavement work approved by the Department. Pay adjustment for ride quality,when required,will be determined in accordance with Item 585,"Ride Quality for Pavement Surfaces." ITEM 360 CONCRETE PAVEMENT 360.1. Description.Construct hydraulic cement concrete pavement with or without curbs on the concrete pavement. 360.2. Materials. A. Hydraulic Cement Concrete.Provide hydraulic cement concrete in accordance with Item 421, "Hydraulic Cement Concrete,"except that strength over-design is not required.Provide Class P concrete designed to meet a minimum average flexural strength of 570 psi or a minimum average compressive strength of 3,500 psi at 7 days or a minimum average flexural strength of 680 psi or a minimum average compressive strength of 4,400 psi at 28 days.Test in accordance with Tex-448-A or Tex-418-A. When shown on the plans or allowed,provide Class HES concrete for very early opening of small pavement areas or leave-outs to traffic.Design Class HES to meet the requirements of Class P and a minimum average flexural strength of 400 psi or a minimum average compressive strength of 2,600 psi in 24 hr.,unless other early strength and time requirements are shown on the plans or allowed.No strength over-design is required.Type III cement is allowed for Class HES concrete. Use Class A or P concrete for curbs that are placed separately from the pavement.Provide concrete that is workable and cohesive,possesses satisfactory finishing qualities,and conforms to the mix design and mix design slump. B. Reinforcing Steel.Provide Grade 60 deformed steel for bar reinforcement in accordance with Item 440,"Reinforcing Steel."Provide approved positioning and supporting devices(baskets and chairs)capable of securing and holding the reinforcing steel in proper position before and during paving.Provide corrosion protection when shown on the plans. 1. Dowels.Provide smooth,straight dowels of the size shown on the plans,free of burrs,and conforming to the requirements of Item 440,"Reinforcing Steel."Coat dowels with a thin film of grease or other approved de-bonding material.Provide dowel caps on the lubricated end of each dowel bar used in an expansion joint.Provide dowel caps filled with a soft compressible material with enough range of movement to allow complete closure of the expansion joint. 2. Tie Bars.Provide straight deformed steel tie bars.Provide either multiple-piece tie bars or single- piece tie bars as shown on the plans.Provide multiple-piece tie bars composed of 2 pieces of deformed reinforcing steel with a coupling capable of developing a minimum tensile strength of 125%of the design yield strength of the deformed steel when tensile-tested in the assembled configuration.Provide a minimum length of 33 diameters of the deformed steel in each piece.Use multiple-piece tie bars from the list of"Prequalified Multiple Piece Tie Bar Producers"maintained by the Construction Division,or submit samples for testing in accordance with Tex-711-I. C. Curing Materials.Provide Type 2 membrane curing compound conforming to DMS-4650, "Hydraulic Cement Concrete Curing Materials and Evaporation Retardants."Provide SS-1 emulsified asphalt conforming to Item 300,"Asphalts,Oils,and Emulsions,"for concrete pavement to be overlayed with asphalt concrete under this Contract unless otherwise shown on the plans or approved. Provide materials for other methods of curing conforming to the requirements of Item 420,"Concrete Structures." D. Epoxy.Provide Type III epoxy in accordance with DMS-6100,"Epoxies and Adhesives,"for installing all drilled-in reinforcing steel. E. Evaporation Retardant.Provide evaporation retardant conforming to DMS-4650,"Hydraulic Cement Concrete Curing Materials and Evaporation Retardants." F. Joint Sealants and Fillers.Provide Class 5 or Class 8 joint-sealant materials and fillers unless otherwise shown on the plans or approved and other sealant materials of the size,shape,and type shown on the plans in accordance with DMS-6310,"Joint Sealants and Fillers." 360.3. Equipment.Furnish and maintain all equipment in good working condition.Use measuring, mixing,and delivery equipment conforming to the requirements of Item 421,"Hydraulic Cement Concrete."Obtain approval for other equipment used. A. Placing,Consolidating,and Finishing Equipment.Provide approved self-propelled paving equipment that uniformly distributes the concrete with minimal segregation and provides a smooth machine-finished consolidated concrete pavement conforming to plan line and grade.Provide an approved automatic grade control system on slip-forming equipment.Provide approved mechanically operated finishing floats capable of producing a uniformly smooth pavement surface.Provide equipment capable of providing a fine,light water fog mist. Provide mechanically operated vibratory equipment capable of adequately consolidating the concrete. Provide immersion vibrators on the paving equipment at sufficiently close intervals to provide uniform vibration and consolidation of the concrete over the entire width and depth of the pavement and in accordance with the manufacturer's recommendations.Provide immersion vibrator units that operate at a frequency in air of at least 8,000 cycles per minute.Provide enough hand-operated immersion vibrators for timely and proper consolidation of the concrete along forms,at joints and in areas not covered by other vibratory equipment.Surface vibrators may be used to supplement equipment- mounted immersion vibrators.Provide tachometers to verify the proper operation of all vibrators. For small or irregular areas or when approved,the paving equipment described in this Section is not required. B. Forming Equipment. 1. Pavement Forms.Provide metal side forms of sufficient cross-section,strength,and rigidity to support the paving equipment and resist the impact and vibration of the operation without visible springing or settlement. Use forms that are free from detrimental kinks,bends,or warps that could affect ride quality or alignment.Provide flexible or curved metal or wood forms for curves of 100-ft.radius or less. 2. Curb Forms.Provide curb forms for separately placed curbs that are not slipformed that conform to the requirements of Item 529,"Concrete Curb,Gutter,and Combined Curb and Gutter." C. Reinforcing Steel Inserting Equipment.Provide inserting equipment that accurately inserts and positions reinforcing steel in the plastic concrete parallel to the profile grade and horizontal alignment in accordance to plan details. D. Texturing Equipment. 1. Carpet Drag.Provide a carpet drag mounted on a work bridge or a moveable support system. Provide a single piece of carpet of sufficient transverse length to span the full width of the pavement being placed and adjustable so that a sufficient longitudinal length of carpet is in contact with the concrete being placed to produce the desired texture.Obtain approval to vary the length and width of the carpet to accommodate specific applications. Use an artificial grass-type carpet having a molded polyethylene pile face with a blade length of 5/8 in.to 1 in.,a minimum weight of 70 oz.per square yard,and a strong,durable,rot-resistant backing material bonded to the facing. 2. Tining Equipment.Provide a self-propelled transverse metal tine device equipped with 4-in.to 6-in.steel tines and with cross-section approximately 1/32 in.thick by 1/12 in.wide,spaced at 1 in.,center-to-center.Hand-operated tining equipment that produces an equivalent texture may be used only on small or irregularly shaped areas or,when permitted,in emergencies due to equipment breakdown. E. Curing Equipment.Provide a self-propelled machine for applying membrane curing compound using mechanically pressurized spraying equipment with atomizing nozzles.Provide equipment and controls that maintain the required uniform rate of application over the entire paving area.Provide curing equipment that is independent of all other equipment when production rates are such that the first application of membrane curing compound cannot be accomplished immediately after texturing and after free moisture has disappeared.Hand-operated pressurized spraying equipment with atomizing nozzles may only be used on small or irregular areas or,when permitted,in emergencies due to equipment breakdown. F. Sawing Equipment.Provide power-driven concrete saws to saw the joints shown on the plans. Provide standby power-driven concrete saws during concrete sawing operations.Provide adequate illumination for nighttime sawing. G. Grinding Equipment.When required,provide self-propelled powered grinding equipment that is specifically designed to smooth and texture concrete pavement using circular diamond blades.Provide equipment with automatic grade control capable of grinding at least a 3-ft.width longitudinally in each pass without damaging the concrete. H. Testing Equipment.Provide testing equipment regardless of job-control testing responsibilities in accordance with Item 421,"Hydraulic Cement Concrete,"unless otherwise shown in the plans or specified. I. Coring Equipment.When required,provide coring equipment capable of extracting cores in accordance with the requirements of Tex-424-A. J. Miscellaneous Equipment.Furnish both 10-ft.and 15-ft.steel or magnesium long-handled standard straightedges.Furnish enough work bridges, long enough to span the pavement,for finishing and inspection operations.Furnish date stencils to impress pavement placement dates into the fresh concrete,with numerals approximately 2 in.high by 1 in.wide by 1/4 in.deep. 360.4. Construction.Obtain approval for adjustments to plan grade-line to maintain thickness over minor subgrade or base high spots while maintaining clearances and drainage.Maintain subgrade or base in a smooth,clean,compacted condition in conformity with the required section and established grade until the pavement concrete is placed.Keep subgrade or base damp with water sufficiently in advance of placing pavement concrete.Adequately light the active work areas for all nighttime operations.Provide and maintain tools and materials to perform testing. A. Paving and Quality Control Plan.Submit a paving and quality control plan for approval before beginning pavement construction operations.Include details of all operations in the concrete paving process,including longitudinal construction joint layout,sequencing,curing,lighting,early opening, leave-outs,sawing, inspection,testing,construction methods,other details and description of all equipment.List certified personnel performing the testing.Submit revisions to the paving and quality control plan for approval. B. Job-Control Testing. Unless otherwise shown on the plans,perform all fresh and hardened concrete job-control testing at the specified frequency.Provide job-control testing personnel meeting the requirements of Item 421,"Hydraulic Cement Concrete"Provide and maintain testing equipment, including strength testing equipment at a location acceptable to the Engineer.Use of a commercial laboratory is acceptable.Maintain all testing equipment calibrated in accordance with pertinent test methods.Make strength-testing equipment available to the Engineer for verification testing. Provide the Engineer the opportunity to witness all tests.The Engineer may require a retest if not given the opportunity to witness.Furnish a copy of all test results to the Engineer daily.Check the first few concrete loads for slump,air,and temperature on start-up production days to check for concrete conformance and consistency. Sample and prepare strength test specimens(2 specimens per test)on the first day of production and for each 3,000 sq.yd.or fraction thereof of concrete pavement thereafter.Prepare at least 1 set of strength-test specimens for each production day.Perform slump,air, and temperature tests each time strength specimens are made.Monitor concrete temperature to ensure that concrete is consistently within the temperature requirements.The Engineer will direct random job- control sampling and testing.Immediately investigate and take corrective action as approved if any Contractor test result,including tests performed for verification purposes,does not meet specification requirements. When job-control testing by the Contractor is waived by the plans,the Engineer will perform the testing;however,this does not waive the Contractor's responsibility for providing materials and work in accordance with this Item. 1. Job-Control Strength.Unless otherwise shown on the plans or permitted by the Engineer,use 7-day job-control concrete strength testing in accordance with Tex-448-A or Tex-418-A. For 7-day job-control by flexural strength,use a flexural strength of 520 psi or a lower job-control strength value proven to meet a 28-day flexural strength of 680 psi as correlated in accordance with Tex-427-A.For 7-day job-control by compressive strength,use a compressive strength of 3,200 psi or a lower job-control strength value proven to meet a 28-day compressive strength of 4,400 psi as correlated in accordance with Tex-427-A. Job control of concrete strength may be correlated to an age other than 7 days in accordance with Tex-427-A when approved.Job-control strength of Class HES concrete is based on the required strength and time. When a job-control concrete strength test value is more than 10%below the required job-control strength or when 3 consecutive job-control strength values fall below the required job-control strength,investigate the strength test procedures,the quality of materials,the concrete production operations,and other possible problem areas to determine the cause.Take necessary action to correct the problem,including redesign of the concrete mix if needed.The Engineer may suspend concrete paving if the Contractor is unable to identify,document,and correct the cause of low strength test values in a timely manner. If any job-control strength is more than 15%below the required job-control strength,the Engineer will evaluate the structural adequacy of the pavements. When directed,remove and replace pavements found to be structurally inadequate at no additional cost. 2. Split-Sample Verification Testing.Perform split-sample verification testing with the Engineer on random samples taken and split by the Engineer at a rate of at least 1 for every 10 job-control samples.The Engineer will evaluate the results of split-sample verification testing.Immediately investigate and take corrective action as approved when results of split-sample verification testing differ more than the allowable differences shown in Table 1,or when the average of 10 job-control strength results and the Engineer's split-sample strength result differ by more than 10%. Table 1 Verification Testing Limits Test Method Allowable Differences Temperature,Tex-422-A 2°F Slump,Tex-415-A 1 in Air content,Tex-414-A or Tex-416-A 1% Flexural strength,Tex-448-A 19% Compressive strength,Tex-418-A 10% C. Reinforcing Steel and Joint Assemblies.Accurately place and secure in position all reinforcing steel as shown on the plans.Place dowels at mid-depth of the pavement slab,parallel to the surface.Place dowels for transverse contraction joints parallel to the pavement edge.Tolerances for location and alignment of dowels will be shown on the plans. Stagger the longitudinal reinforcement splices to avoid having more than 1/3 of the splices within a 2-ft. longitudinal length of each lane of the pavement. Use multiple-piece tie bars or drill and epoxy grout tie bars at longitudinal construction joints.Verify that tie bars that are drilled and epoxied into concrete at longitudinal construction joints develop a pullout resistance equal to a minimum of 3/4 of the yield strength of the steel after 7 days. Test 15 bars using ASTM E 488,except that alternate approved equipment may be used.All 15 tested bars must meet the required pullout strength.If any of the test results do not meet the required minimum pullout strength,perform corrective measures to provide equivalent pullout resistance. Repair damage from testing.Acceptable corrective measures include but are not limited to installation of additional or longer tie bars. 1. Manual Placement.Secure reinforcing bars at alternate intersections with wire ties or locking support chairs.Tie all splices with wire. 2. Mechanical Placement.If mechanical placement of reinforcement results in steel misalignment or improper location,poor concrete consolidation,or other inadequacies,complete the work using manual methods. D. Joints.Install joints as shown on the plans.Joint sealants are not required on concrete pavement that is to be overlaid with asphaltic materials.Clean and seal joints in accordance with Item 438,"Cleaning and Sealing Joints and Cracks(Rigid Pavement and Bridge Decks)."Repair excessive spalling of the joint saw groove using an approved method before installing the sealant. Seal all joints before opening the pavement to all traffic.When placing of concrete is stopped,install a rigid transverse bulkhead, accurately notched for the reinforcing steel and shaped accurately to the cross-section of the pavement. 1. Placing Reinforcement at Joints.Where the plans require an assembly of parts at pavement joints,complete and place the assembly at the required location and elevation with all parts rigidly secured in the required position.Accurately notch joint materials for the reinforcing steel. 2. Transverse Construction Joints. a. Continuously Reinforced Concrete Pavement(CRCP).Install additional longitudinal reinforcement through the bulkhead when shown on the plans.Protect the reinforcing steel immediately beyond the construction joint from damage,vibration,and impact. b. Concrete Pavement Contraction Design(CPCD).When the placing of concrete is intentionally stopped, install and rigidly secure a complete joint assembly and bulkhead in the planned transverse contraction joint location.When the placing of concrete is unintentionally stopped, install a transverse construction joint either at a planned transverse contraction joint location or mid-slab between planned transverse contraction joints.For mid-slab construction joints,install tie bars of the size and spacing used in the longitudinal joints. c. Curb Joints.Provide joints in the curb of the same type and location as the adjacent pavement.Use expansion joint material of the same thickness,type,and quality required for the pavement and of the section shown for the curb.Extend expansion joints through the curb. Construct curb joints at all transverse pavement joints.For non-monolithic curbs,place reinforcing steel into the plastic concrete pavement as shown on the plans unless otherwise approved.Form or saw the weakened plane joint across the full width of concrete pavement and through the monolithic curbs.Construct curb joints in accordance with Item 529, "Concrete Curb,Gutter,and Combined Curb and Gutter." E. Placing and Removing Forms.Use clean and oiled forms.Secure forms on a base or firm subgrade that is accurately graded and that provides stable support without deflection and movement by form riding equipment.Pin every form at least at the middle and near each end.Tightly join and key form sections together to prevent relative displacement. Set side forms far enough in advance of concrete placement to permit inspection.Check conformity of the grade,alignment,and stability of forms immediately before placing concrete,and make all necessary corrections.Use a straightedge or other approved method to test the top of forms to ensure that the ride quality requirements for the completed pavement will be met. Stop paving operations if forms settle or deflect more than 1/8 in. under finishing operations.Reset forms to line and grade,and refinish the concrete surface to correct grade. Avoid damage to the edge of the pavement when removing forms.Repair damage resulting from form removal and honeycombed areas with a mortar mix within 24 hr.after form removal unless otherwise approved.Clean joint face and repair honeycombed or damaged areas within 24 hr.after a bulkhead for a transverse construction joint has been removed unless otherwise approved.When forms are removed before 72 hr.after concrete placement,promptly apply membrane curing compound to the edge of the concrete pavement. Forms that are not the same depth as the pavement but are within 2 in.of that depth are permitted if the subbase is trenched or the full width and length of the form base is supported with a firm material to produce the required pavement thickness.Promptly repair the form trench after use.Use flexible or curved wood or metal forms for curves of 100-ft.radius or less. F. Concrete Delivery.Clean delivery equipment as necessary to prevent accumulation of old concrete before loading fresh concrete.Use agitated delivery equipment for concrete designed to have a slump of more than 5 in. Segregated concrete is subject to rejection.Place agitated concrete within 60 min. after batching.Place non-agitated concrete within 45 min.after batching.In hot weather or under conditions causing quick setting of the concrete,times may be reduced by the Engineer.Time limitations may be extended if the Contractor can demonstrate that the concrete can be properly placed, consolidated,and finished without the use of additional water. G. Concrete Placement.Do not allow the pavement edge to deviate from the established paving line by more than 1/2 in.at any point.Place the concrete as near as possible to its final location,and minimize segregation and rehandling. Where hand spreading is necessary,distribute concrete using shovels.Do not use rakes or vibrators to distribute concrete. 1. Pavement.Consolidate all concrete by approved mechanical vibrators operated on the front of the paving equipment.Use immersion-type vibrators that simultaneously consolidate the full width of the placement when machine finishing.Keep vibrators from dislodging reinforcement.Use hand- operated vibrators to consolidate concrete in areas not accessible to the machine-mounted vibrators.Do not operate machine-mounted vibrators while the paving equipment is stationary. Vibrator operations are subject to review. 2. Date Imprinting.Imprint dates in the fresh concrete indicating the date of the concrete placement. Make impressions approximately 1 ft.from the outside longitudinal construction joint or edge of pavement and approximately 1 ft.from the transverse construction joint at the beginning of the placement day.Orient the impressions to be read from the outside shoulder in the direction of final traffic.Impress date in DD-MM-YY format.Imprinting of the Contractor name or logo in similar size characters to the date is allowed. 3. Curbs.Where curbs are placed separately,conform to the requirements of Item 529,"Concrete Curb,Gutter,and Combined Curb and Gutter." 4. Temperature Restrictions.Place concrete that is between 40°F and 95°F when measured in accordance with Tex-422-A at the time of discharge,except that concrete may be used if it was already in transit when the temperature was found to exceed the allowable maximum.Take immediate corrective action or cease concrete production when the concrete temperature exceeds 95°F. Do not place concrete when the ambient temperature in the shade is below 40°F and falling unless approved.Concrete may be placed when the ambient temperature in the shade is above 35°F and rising or above 40°F. When temperatures warrant protection against freezing,protect the pavement with an approved insulating material capable of protecting the concrete for the specified curing period. Submit for approval proposed measures to protect the concrete from anticipated freezing weather for the first 72 hr.after placement.Repair or replace all concrete damaged by freezing. H. Spreading and Finishing.Finish all concrete pavement with approved self-propelled equipment.Use power-driven spreaders,power-driven vibrators,power-driven strike-off,and screed,or approved alternate equipment.Use the transverse finishing equipment to compact and strike off the concrete to the required section and grade without surface voids. Use float equipment for final finishing. Use concrete with a consistency that allows completion of all finishing operations without addition of water to the surface.Use the minimal amount of water fog mist necessary to maintain a moist surface. Reduce fogging if float or straightedge operations result in excess slurry. I. Finished Surface.Perform sufficient checks with long-handled 10-ft.and 15-ft.straightedges on the plastic concrete to ensure that the final surface is within the tolerances specified in Surface Test A in Item 585,"Ride Quality for Pavement Surfaces."Check with the straightedge parallel to the centerline. 2. Maintenance of Surface Moisture.Prevent surface drying of the pavement before application of the curing system.Accomplish this by fog applications of evaporation retardant on the pavement surface.Apply evaporation retardant at the rate recommended by the manufacturer.Reapply the evaporation retardant as needed to maintain the concrete surface in a moist condition until curing system is applied.Do not use evaporation retardant as a finishing aid.Failure to take acceptable precautions to prevent surface drying of the pavement will be cause for shut down of pavement operations. 3. Surface Texturing.Perform surface texturing using a combination of a carpet drag and metal tining.Complete final texturing before the concrete has attained its initial set.Draw the carpet drag longitudinally along the pavement surface with the carpet contact surface area adjusted to provide a satisfactory coarsely textured surface. A metal-tine texture finish is required unless otherwise shown on the plans.Provide the metal-tine finish immediately after the concrete surface has set enough for consistent tining.Operate the metal-tine device to obtain grooves spaced at 1 in.,approximately 3/16 in.deep,with a minimum depth of 1/8 in.,and approximately 1/12 in.wide.Do not overlap a previously tined area.Use manual methods for achieving similar results on ramps and other irregular sections of pavements. Repair damage to the edge of the slab and joints immediately after texturing.Do not tine pavement that will be overlaid. 4. Small or Irregular Placements.Where machine placements and finishing of concrete pavement are not practical,use hand equipment and procedures that produce a consolidated and finished pavement section to the line and grade. 5. Emergency Procedures.Use hand-operated equipment for applying texture,evaporation retardant,and cure in the event of equipment breakdown. I. Curing.Keep the concrete pavement surface from drying by water fogging until the curing material has been applied.Maintain and promptly repair damage to curing materials on exposed surfaces of concrete pavement continuously for at least 3 curing days.A curing day is defined as a 24-hr.period when either the temperature taken in the shade away from artificial heat is above 50°F for at least 19 hr.or when the surface temperature of the concrete is maintained above 40°F for 24 hr.Curing begins when the concrete curing system has been applied. Stop concrete paving if curing compound is not being applied promptly and maintained adequately.Other methods of curing in accordance with Item 420,"Concrete Structures,"may be used when specified or approved. 1. Membrane Curing.After texturing and immediately after the free surface moisture has disappeared,spray the concrete surface uniformly with 2 coats of membrane curing compound at an individual application rate of not more than 180 sq. ft.per gallon.Apply the first coat within 10 min.after completing texturing operations.Apply the second coat within 30 min.after completing texturing operations. Before and during application,maintain curing compounds in a uniformly agitated condition,free of settlement.Do not thin or dilute the curing compound. Where the coating shows discontinuities or other defects or if rain falls on the newly coated surface before the film has dried enough to resist damage,apply additional compound at the same rate of coverage to correct the damage.Ensure that the curing compound coats the sides of the tining grooves. 2. Asphalt Curing.When an asphaltic concrete overlay is required,apply a uniform coating of asphalt curing at a rate of 90 to 180 sq.ft.per gallon as required.Apply curing immediately after texturing and just after the free moisture(sheen)has disappeared.Obtain approval to add water to the emulsion to improve spray distribution.Maintain the asphalt application rate when using diluted emulsions.Maintain the emulsion in a mixed condition during application. 3. Curing Class HES Concrete.For all Class HES concrete pavement,provide membrane curing in accordance with Section 360.4.I.1,"Membrane Curing,"followed promptly by water curing until opening strength is achieved but not less than 24 hr. J. Sawing Joints. Saw joints to the depth shown on the plans as soon as sawing can be accomplished without damage to the pavement regardless of time of day or weather conditions. Some minor raveling of the saw cut is acceptable. Use a chalk line,string line,sawing template,or other approved method to provide a true joint alignment.Provide enough saws to match the paving production rate to ensure sawing completion at the earliest possible time to avoid uncontrolled cracking.Reduce paving production if necessary to ensure timely sawing of joints.Promptly restore membrane cure damaged within the first 72 hr.of curing. K. Protection of Pavement and Opening to Traffic.Testing for early opening is the responsibility of the Contractor regardless of job-control testing responsibilities unless otherwise shown in the plans or directed.Testing result interpretation for opening to traffic is subject to the approval of the Engineer. 1. Protection of Pavement.Erect and maintain barricades and other standard and approved devices that will exclude all vehicles and equipment from the newly placed pavement for the periods specified.Before opening to traffic,protect the pavement from damage due to crossings using approved methods.Where a detour is not readily available or economically feasible,an occasional crossing of the roadway with overweight equipment may be permitted for relocating equipment only but not for hauling material. When an occasional crossing of overweight equipment is permitted,temporary matting or other approved methods may be required. Maintain an adequate supply of sheeting or other material to cover and protect fresh concrete surface from weather damage.Apply as needed to protect the pavement surface from weather. 2. Opening Pavement to All Traffic.Pavement that is 7 days old may be opened to all traffic. Before opening to traffic,clean pavement,place stable material against the pavement edges,seal joints,and perform all other traffic safety related work. 3. Opening Pavement to Construction Equipment.Unless otherwise shown on the plans,concrete pavement may be opened early to concrete paving equipment and related delivery equipment after the concrete is at least 48 hr.old and opening strength has been demonstrated in accordance with Section 360.4.K.4,"Early Opening to All Traffic,"before curing is complete.Keep delivery equipment at least 2 ft.from the edge of the concrete pavement.Keep tracks of the paving equipment at least 1 ft.from the pavement edge.Protect textured surfaces from the paving equipment. Restore damaged membrane curing as soon as possible.Repair pavement damaged by paving or delivery equipment before opening to all traffic. 4. Early Opening to All Traffic.Concrete pavement may be opened after curing is complete and the concrete has attained a flexural strength of 450 psi or a compressive strength of 2,800 psi,except that pavement using Class HES concrete may be opened after 24 hr.if the specified strength is achieved. a. Strength Testing.Test concrete specimens cured under the same conditions as the portion of the pavement involved. b. Maturity Method.Unless otherwise shown on the plans,the maturity method,Tex-426-A, may be used to estimate concrete strength for early opening pavement to traffic. Install at least 2 maturity thermocouples for each day's placement in areas where the maturity method will be used for early opening.Thermocouples,when used,will be installed near the days final placement for areas being evaluated for early opening.Use test specimens to verify the strength—maturity relationship in accordance with Tex-426-A,starting with the first day's placement corresponding to the early opening pavement section. After the first day,verify the strength—maturity relationship at least every 10 days of production.Establish a new strength—maturity relationship when the strength specimens deviate more than 10%from the maturity-estimated strengths. Suspend use of the maturity method for opening pavements to traffic when the strength—maturity relationship deviates by more than 10%until a new strength—maturity relationship is established. When the maturity method is used intermittently or for only specific areas,the frequency of verification will be as determined by the Engineer. 5. Emergency Opening to Traffic.Under emergency conditions,when the pavement is at least 72 hr.old,open the pavement to traffic when directed in writing.Remove all obstructing materials,place stable material against the pavement edges,and perform other work involved in providing for the safety of traffic as required for emergency opening. L. Pavement Thickness.The Engineer will check the thickness in accordance with Tex-423-A unless other methods are shown on the plans. The Engineer will perform 1 thickness test consisting of 1 reading at approximately the center of each lane every 500 ft.or fraction thereof.Core where directed in accordance with Tex-424-A to verify deficiencies of more than 0.2 in.from plan thickness and to determine the limits of deficiencies of more than 0.75 in.from plan thickness.Fill core holes using a concrete mixture and method approved by the Engineer. I. Thickness Deficiencies Greater than 0.2 in.When any depth test measured in accordance with Tex-423-A is deficient by more than 0.2 in.from the plan thickness,take one 4-in.diameter core at that location to verify the measurement. If the core is deficient by more than 0.2 in. but not by more than 0.75 in.from the plan thickness, take 2 additional cores from the unit(as defined in Section 360.4.L.3,"Pavement Units for Payment Adjustment")at intervals of at least 150 ft.and at locations selected by the Engineer,and determine the thickness of the unit for payment purposes by averaging the length of the 3 cores. In calculations of the average thickness of this unit of pavement,measurements in excess of the specified thickness by more than 0.2 in.will be considered as the specified thickness plus 0.2 in. 2. Thickness Deficiencies Greater than 0.75 in.If a core is deficient by more than 0.75 in.,take additional cores at 10 ft. intervals in each direction parallel to the centerline to determine the boundary of the deficient area.The Engineer will evaluate any area of pavement found deficient in thickness by more than 0.75 in.but not more than I in.As directed,remove and replace the deficient areas without additional compensation or retain deficient areas without compensation. Remove and replace any area of pavement found deficient in thickness by more than 1 in.without additional compensation. 3. Pavement Units for Payment Adjustment.Limits for applying a payment adjustment for deficient pavement thickness from 0.20 in.to not more than 0.75 in.are 500 ft.of pavement in each lane.Lane width will be as shown on typical sections and pavement design standards. For greater than 0.75 in.deficient thickness,the limits for applying zero payment or requiring removal will be defined by coring or equivalent nondestructive means as determined by the Engineer.The remaining portion of the unit determined to be less than 0.75 in.deficient will be subject to the payment adjustment based on the average core thickness at each end of the 10 ft. interval investigation as determined by the Engineer. Shoulders will be measured for thickness unless otherwise shown on the plans.Shoulders 6 ft. wide or wider will be considered as lanes. Shoulders less than 6 ft.wide will be considered part of the adjacent lane. Limits for applying payment adjustment for deficient pavement thickness for ramps,widenings, acceleration and deceleration lanes,and other miscellaneous areas are 500 ft. in length.Areas less than 500 ft.in length will be individually evaluated for payment adjustment based on the plan area. M. Ride Quality.Unless otherwise shown on the plans,measure ride quality in accordance with Item 585, "Ride Quality for Pavement Surfaces." 360.5. Measurement.This Item will be measured as follows: A. Concrete Pavement.Concrete pavement will be measured by the square yard of surface area in place. The surface area includes the portion of the pavement slab extending beneath the curb. B. Curb.Curb on concrete pavement will be measured by the foot in place. 360.6. Payment.These prices are full compensation for materials,equipment,labor,tools,and incidentals. A. Concrete Pavement.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the adjusted unit price bid for "Concrete Pavement"of the type and depth specified as adjusted in accordance with Section 360.6.B, "Deficient Thickness Adjustment." B. Deficient Thickness Adjustment.Where the average thickness of pavement is deficient in thickness by more than 0.2 in.but not more than 0.75 in.,payment will be made using the adjustment factor as specified in Table 2 applied to the bid price for the deficient area for each unit as defined under Section 360.4.L.3,"Pavement Units for Payment Adjustment." Table 2 Deficient Thickness Price Adjustment Factor Deficiency in Thickness Determined by Proportional Part of Contract Price Cores(in.) Allowed(adjustment factor) Not deficient 1.00 Over 0.00 through 0.20 1.00 Over 0.20 through 0.30 0.80 Over 0.30 through 0.40 0.72 Over 0.40 through 0.50 0.68 Over 0.50 through 0.75 0.57 C. Curb.Work performed and furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Curb"of the type specified. ITEM 421 HYDRAULIC CEMENT CONCRETE 421.1.Description.Furnish hydraulic cement concrete for concrete pavements,concrete structures,and other concrete construction. 421.2.Materials. A. Cement.Furnish cement conforming to DMS-4600,"Hydraulic Cement." B. Supplementary Cementing Materials(SCM). 1. Fly Ash.Furnish fly ash conforming to DMS-4610,"Fly Ash." 2. Ultra-Fine Fly Ash(UFFA).Furnish UFFA conforming to DMS-4610,"Fly Ash." 3. Ground Granulated Blast-Furnace Slag(GGBFS).Furnish GGBFS conforming to DMS-4620, "Ground Granulated Blast-Furnace Slag,"Grade 100 or 120. 4. Silica Fume.Furnish silica fume conforming to DMS-4630,"Silica Fume." 5. Metakaolin.Furnish metakaolin conforming to DMS-4635,"Metakaolin." C. Chemical Admixtures.Furnish admixtures conforming to DMS-4640,"Chemical Admixtures for Concrete."Do not use calcium chloride. D. Water.Furnish mixing and curing water that is free from oils,acids,organic matter,or other deleterious substances.Water from municipal supplies approved by the Texas Department of Health will not require testing.When using water from other sources,provide test reports showing compliance with Table 1 before use. Water that is a blend of concrete wash water and other acceptable water sources,certified by the concrete producer as complying with the requirements of both Table 1 and Table 2,may be used as mix water.Test the blended water weekly for 4 weeks for compliance with Table 1 and Table 2 or provide previous test results.Then test every month for compliance. Provide water test results upon request. Table 1 Chemical Limits for Mix Water Maximum Contaminant Test Method Concentration Chloride(CI) ASTM D 512 (PPm) Prestressed concrete 500 Bridge decks&superstructure 500 All other concrete 1,000 Sulfate(SO4) ASTM D 516 1,000 Alkalies(Na20+0.658K20) ASTM D 4191 & ASTM D 4192 600 Total solids AASHTO T 26 50,000 Table 2 Acceptance Criteria for Questionable Water Supplies Property Test Method Limits Compressive strength,min%control at7days ASTM C 109' 90 Time of set,deviation from control, 60 early Min. ASTM C 191 t 90 1.Base comparisons on fixed proportions and the same volume of test water co nparedatoethe control mix using city water or distilled water. Do not use mix water that has an adverse effect on the air-entraining agent,on any other chemical admixture,or on strength or time of set of the concrete. When using white hydraulic cement,use mixing and curing water free of iron and other impurities that may cause staining or discoloration. E. Aggregate. Supply aggregates that meet the definitions in Tex-100-E.Provide coarse and fine aggregates from sources listed in the Department's Concrete Rated Source Quality Catalog(CRSQC). Provide aggregate from non-listed sources only when tested and approved by the Engineer before use. Allow 30 calendar days for the Engineer to sample,test,and report results for non-listed sources.Do not combine approved material with unapproved material. 1. Coarse Aggregate.Provide coarse aggregate consisting of durable particles of gravel,crushed blast furnace slag,recycled crushed hydraulic cement concrete,crushed stone,or combinations thereof that are free from frozen material and from injurious amounts of salt,alkali,vegetable matter,or other objectionable material,either free or as an adherent coating.Provide coarse aggregate of uniform quality throughout. Provide coarse aggregate that,when tested in accordance with Tex-413-A,has: • at most 0.25%by weight of clay lumps, • at most 1.0%by weight of shale,and • at most 5.0%by weight of laminated and friable particles. Wear must not be more than 40%when tested in accordance with Tex-410-A. Unless otherwise shown on the plans,provide coarse aggregate with a 5-cycle magnesium sulfate soundness of not more than 18%when tested in accordance with Tex-411-A.Crushed recycled hydraulic cement concrete is not subject to the 5-cycle soundness test. The loss by decantation as tested in accordance with Tex-406-A,plus the allowable weight of clay lumps,must not exceed 1.0%or the value shown on the plans,whichever is smaller.In the case of aggregates made primarily from crushing stone, if the material finer than the No.200 sieve is established to be the dust of fracture and essentially free from clay or shale as established by Tex-406-A,Part III,the limit may be increased to 1.5%.When crushed limestone coarse aggregate is used in concrete pavements,the decant may exceed 1.0%but not more than 3.0%if the material finer than the No.200 sieve is determined to be at least 67%calcium carbonate in accordance with Tex-406-A,Part III. Unless otherwise specified,provide aggregate conforming to the gradation requirements shown in Table 3 when tested in accordance with Tex-401-A. Table 3 Coarse Aggregate Gradation Chart Percent Passing on Each Sieve _ Aggregate Nominal Grande Size 2-1/2" 2" 1-1/2" 1" 3/4" 1/2" 3/8" No.4 No.8 1 2" 100 80-100 50-85 20-40 0-5 2(467) 1-1/2" 100 95-100 35-70 10-30 0-5 3 1-1/2" 100 95-100 60-90 25-60 0-5 4(57) 1" 100 95-100 25-60 0-10 0-5 5(67) 3/4" 100 90-100 20-55 0-10 0-5 6(7) 1/2" 100 90-100 40-70 0-15 0-5 7 3/8" 100 70-95 0-25 8 3/8" 100 95-100 20-65 0-10 1.Corresponding ASTM C 33 gradation shown in parentheses. 2. Fine Aggregate.Provide fine aggregate consisting of clean,hard,durable particles of natural or manufactured sand or a combination thereof with or without mineral filler.Provide fine aggregate free from frozen material and from injurious amounts of salt,alkali,vegetable matter,or other objectionable material,and containing no more than 0.5%clay lumps by weight in accordance with Tex-413-A. Provide fine aggregate that does not show a color darker than standard when subjected to the color test for organic impurities in accordance with Tex-408-A. Unless otherwise shown on the plans,use fine aggregate with an acid insoluble residue of at least 60%by weight when tested in accordance with Tex-612-J in all concrete subject to direct traffic. Unless otherwise shown on the plans,when necessary,blend the fine aggregate to meet the acid insoluble residue requirement.When blending,use the following equation: Acid Insoluble(%)={(AI)(P])+(A2)(P2)}/100 where: Al=acid insoluble(%)of aggregate 1 A2=acid insoluble(%)of aggregate 2 P1=percent by weight of Al of the fine aggregate blend P2=percent by weight of A2 of the fine aggregate blend Provide fine aggregate or combinations of aggregates,including mineral filler,conforming to the gradation requirements shown in Table 4 when tested in accordance with Tex-401-A unless otherwise specified. Table 4 Fine Aggregate Gradation Chart(Grade 1) Sieve Size Percent Passing 3/8 in. 100 No.4 95-100 No.8 80-100 No. 16 50-85 No.30 25-65 No.50 10-351 No. 100 0-10 No.200 0-32 L 6-35 when sand equivalent value is greater than 85. 2.0-6 for manufactured sand. Unless otherwise shown on the plans,provide fine aggregate with a sand equivalent of at least 80 in accordance with Tex-203-F. For all classes of concrete except Class K,provide fine aggregate with a fineness modulus between 2.30 and 3.10 as determined by Tex-402-A.For Class K concrete,provide a fine aggregate with a fineness modulus between 2.60 to 2.80 unless otherwise shown on the plans. 3. Mineral Filler.Provide mineral filler consisting of stone dust,clean crushed sand,or other approved inert material with 100%passing the No.30 sieve and 65 to 100%passing the No.200 sieve when tested in accordance with Tex-401-A. F. Mortar and Grout.When required or shown on the plans,provide mortar and grout consisting of 1 part hydraulic cement,2 parts sand,and sufficient water to provide the desired consistency.Provide mortar with a consistency such that the mortar can be easily handled and spread by trowel.Provide grout of a consistency that will flow into and completely fill all voids. 421.3.Equipment. A. Concrete Plants and Mixing Equipment.Except for volumetric mixers(auger/mixer),each plant and truck mixer must be currently certified by the National Ready Mixed Concrete Association(NRMCA) or have an inspection report signed and sealed by a licensed professional engineer showing that concrete measuring,mixing,and delivery equipment meets all requirements of ASTM C 94.A new certification or signed and sealed report is required every time a plant is moved.Plants with a licensed engineer's inspection require reinspection every 2 years.Provide a copy of the certification or the signed and sealed inspection report to the Engineer.When equipment or facilities fail to meet specification requirements,remove them from service until corrected. 1. Scales.Check all scales prior to beginning of operations,after each move,or whenever their accuracy or adequacy is questioned,and at least once every 6 mo.Immediately correct deficiencies,and recalibrate.Provide a record of calibration showing scales in compliance with ASTM C 94 requirements.Check batching accuracy of volumetric water batching devices and admixture dispensing devices at least every 90 days.Perform daily checks as necessary to ensure measuring accuracy. 2. Volumetric Mixers.Provide volumetric mixers with rating plates defining the capacity and the performance of the mixer in accordance with the Volumetric Mixer Manufacturers Bureau or equivalent.Provide volumetric mixers that comply with ASTM C 685.Provide test data showing mixers meet the uniformity test requirements of Tex-472-A. 3. Agitators and Truck and Stationary Mixers. Inspect and furnish inspection reports on truck mixers and agitators annually. If an inspection within 12 mo.is not practical,a 2-mo.grace period (for a maximum of 14 mo.between inspections)is permitted.Include in the report the condition of blades and fins and their percent wear from the original manufacturer's design.Repair mixing equipment exhibiting 10%or more wear before use.Provide truck mixers and agitators equipped with means to readily verify the number of revolutions of the drum,blades,or paddles. Provide stationary and truck mixers capable of combining the ingredients of the concrete within the specified time or the number of revolutions specified into a thoroughly mixed and uniform mass and capable of discharging the concrete so that at least 5 of the 6 requirements of Tex-472-A are met. As directed,to resolve issues of mix uniformity and mixer performance,perform concrete uniformity tests on mixers or agitators in accordance with Tex-472-A. Perform the mixer or agitator uniformity test at the full rated capacity of the equipment and within the maximum mixing time or maximum number of revolutions.Remove from service all equipment that fails the uniformity test. Inspect and maintain mixers and agitators.Keep them reasonably free of concrete buildup,and repair or replace worn or damaged blades or fins. Ensure all mixers have a plate affixed showing manufacturer's recommended operating speed and rated capacity for mixing and agitating. B. Hauling Equipment.Provide hauling equipment capable of maintaining the mixed concrete in a thoroughly mixed and uniform mass and of discharging the concrete with a satisfactory degree of uniformity. When using non-agitating equipment for transporting concrete,provide equipment with smooth, mortar-tight metal containers equipped with gates that prevent accidental discharge of the concrete. C. Testing Equipment.Unless otherwise shown on the plans or specified,in accordance with the pertinent test procedure,furnish and maintain: • test molds, • curing facilities, • maturity meters if used,and • wheelbarrow or other container acceptable for the sampling of the concrete. Provide strength-testing equipment in accordance with the Contract controlling test unless shown otherwise. 421.4.Construction. A. Classification and Mix Design.Furnish mix designs using ACI 211,"Standard Practice for Selecting Proportions for Normal,Heavyweight,and Mass Concrete,"or other approved procedures for the classes of concrete required in accordance with Table 5.Do not exceed the maximum water-to- cementitious-material ratio. A higher-strength class of concrete with equal or lower water-to-cementitious-material ratio may be substituted for the specified class of concrete. To account for production variability and ensure minimum compressive strength requirements are met, over-design the mix in accordance with Table 6. 1. Cementitious Materials.Use cementitious materials from prequalified sources;otherwise, request sampling and testing for approval before use.Unless otherwise specified or approved, limit cementitious material content to no more than 700 lb.per cubic yard.When supplementary cementing materials are used,"cement"is defined as"cement plus supplementary cementing material." Use Type III cement only in precast concrete or when specified or permitted. For monolithic placements,use cement of the same type and from the same source. When sulfate-resistant concrete is required,use mix design options 1,2,3,or 4 given in Section 421.4.A.6,"Mix Design Options,"using Type I/II,II,V,IP,or IS cement.Do not use Class C fly ash in sulfate-resistant concrete. Do not use supplementary cementing materials when white hydraulic cement is specified. Table 5 Concrete Classes Design Class of Strength, Maximum Coarse Concrete Min' W/C Ratio 28-day . Aggregate General Usage' f Grades" (psi) Inlets,manholes,curb,gutter,curb& A 3,000 0.60 1-4,8 gutter,conc.retards,sidewalks,driveways, backup walls,anchors B 2,000 0.60 2-7 Riprap,small roadside signs,and anchors Drilled shafts,bridge substructure,bridge railing,culverts except top slab of direct C' 3,600 0.45 1-6 traffic culverts,headwalls,wing walls, approach slabs,concrete traffic barrier (cast-in-place) D 1,500 0.60 2-7 Riprap E 3,000 0.50 2-5 Seal concrete Railroad structures;occasionally for bridge F' Note 6 0.45 2-5 piers,columns,or bents Prestressed concrete beams,boxes,piling, H' Note 6 0.45 3_ and concrete traffic barrier(precast) Bridge slabs,top slabs of direct traffic S' 4,000 0.45 2-5 culverts P See 0.45 2-3 Concrete pavement Item 360 DC5 5,500 0.40 6 Dense conc.overlay CO5 4,600 0.40 6 Conc.overlay LMC 4,000 0.40 6-8 Latex-modified concrete overlay 4-6 Slurry displacement shafts,underwater SS5 Not 7 0.45 4 drilled shafts K' Note 6 0.45 Note 6 Note 6 HES Note 6 0.45 Note 6 Note 6 1.Maximum water-cement or water-cementitious ratio by weight. 2.Unless otherwise permitted,do not use Grade 1 coarse aggregate except in massive foundations with 4-in.minimum clear spacing between reinforcing steel bars.Do not use Grade 1 aggregate in drilled shafts. 3.Unless otherwise approved,use Grade 8 aggregate in extruded curbs. 4.For information only. 5.Structural concrete classes. 6.As shown on the plans or specified. 7.Cementitious material content shall be minimum 658 lb/cy of concrete. Table 6 Over Design to Meet Compressive Strength Requirements' No.of TestsZ' Standard Deviation,psi 300 400 500 600 700 15 470 620 850 1,120 1,390 20 430 580 760 1,010 1,260 30 or more 400 530 670 900 1,130 1.When designing the mix,add the tabulated amounts to the minimum design strength in Table 5. 2.Number of tests of a concrete mixture used to estimate the standard deviation of a concrete production facility.Test of another mix within 1,000 psi of the specified strength may be used 3.If less than 15 prior tests are available,the overdesign should be 1,000 psi for specified strength less than 3,000 psi,1,200 psi for specified strengths from 3,000 to 5,000 psi and 1,400 psi for specified strengths greater than 5,000 psi. 2. Aggregates.Limit the use of recycled crushed hydraulic cement concrete as a coarse or fine aggregate to Class A,B,D,E,and P concrete.Limit recycled crushed concrete fine aggregate to a maximum of 20%of the fine aggregate. When white hydraulic cement is specified,use light-colored aggregates. 3. Chemical Admixtures.Use only preapproved concrete chemical admixtures from the list of prequalified concrete admixtures maintained by the Construction Division. Submit non- preapproved admixtures for testing to the Engineer for approval.Do not use high-range water- reducing admixtures(Type F or G)or accelerating admixtures(Type C or E)in bridge deck concrete. 4. Air Entrainment.Air-entrain all concrete except for Class B in accordance with Table 7 unless otherwise shown on the plans.Use moderate exposure values unless otherwise specified.If the air content is more than 1-1/2 percentage points below or 3 percentage points above the required air, the load of concrete will be rejected.If the air content is more than 1-1/2 but less than 3 percentage points above the required air,the concrete may be accepted based on strength tests. Table 7 Air Entrainment Nominal Maximum %Air' Aggregate Size,in. Moderate Exposure Severe Exposure 3/8(Grades 7& 8) 6 7-1/2 1/2(Grade 6) 5-1/2 7 3/4(Grade 5) 5 6 1 (Grade 4) 4-1/2 6 1-1/2(Grades 2&3) 4-1/2 5-1/2 2(Grade 1) 4 5 1.For specified concrete strengths above 5,000 psi a reduction of 1 percentage point is permitted. 5. Slump.Unless otherwise specified,provide concrete slump in accordance with Table 8 using the lowest slump possible that can be placed and finished efficiently without segregation or honeycombing. Concrete that exceeds the maximum acceptable placement slump at time of delivery will be rejected. When approved,the slump of a given concrete mix may be increased above the values shown in Table 8 using chemical admixtures,provided that the admixture-treated concrete has the same or lower water—cement or water—cementitious-material ratio and does not exhibit segregation or excessive bleeding.Request approval for the mix design sufficiently in advance for proper evaluation by the Engineer. Table 8 Slump Requirements Recommended Design Concrete Designation and Placement Slump, Maximum Acceptable in Placement Slump,in. Drilled shafts See Item 416 See Item 416 Thin walled section (9 in.or less) 4 6-1/2 Approach slabs,concrete overlays,caps,columns,piers, 3 5 wall sections(over 9 in.) Bridge slabs 4 5-1/2 Prestressed concrete members' 4 6-1/2 Concrete traffic barrier, concrete bridge railing 4 6-1/2 Dense concrete overlay 3/4 2 Latex-modified conc.for bridge deck overlays 3 7-1/2 Concrete placed underwater 6 8-1/2 Concrete pavement(slip- formed) 1-1/2 3 Concrete pavement(formed) 4 6-1/2 Riprap,curb,gutter,slip- formed,and extruded concrete As approved As approved 1.If a high-range water reducer(HRWR)is used,maximum acceptable placement slump will be 9 in. 6. Mix Design Options.For structural concrete identified in Table 5 and any other class of concrete designed using more than 520 lb.of cementitious material per cubic yard,use one of the mix design Options 1-8 shown below. For concrete classes not identified as structural concrete and designed using less than 520 lb.of cementitious material per cubic yard,use one of the mix design Options 1-8 shown in Table 5, except that Class C fly ash may be used instead of Class F fly ash for Options 1,3,and 4 unless sulfate-resistant concrete is required. a. Option 1.Replace 20 to 35%of the cement with Class F fly ash. b. Option 2.Replace 35 to 50%of the cement with GGBFS. c. Option 3.Replace 35 to 50%of the cement with a combination of Class F fly ash,GGBFS, or silica fume.However,no more than 35%may be fly ash,and no more than 10%may be silica fume. d. Option 4.Use Type IP or Type IS cement.(Up to 10%of a Type IP or Type IS cement may be replaced with Class F fly ash,GGBFS,or silica fume.) e. Option 5.Replace 35 to 50%of the cement with a combination of Class C fly ash and at least 6%of silica fume,UFFA,or metakaolin.However,no more than 35%may be Class C fly ash,and no more than 10%may be silica fume. f. Option 6.Use a lithium nitrate admixture at a minimum dosage of 0.55 gal.of 30%lithium nitrate solution per pound of alkalis present in the hydraulic cement. g. Option 7.When using hydraulic cement only,ensure that the total alkali contribution from the cement in the concrete does not exceed 4.00 lb.per cubic yard.of concrete when calculated as follows: lb.alkali per cu.yd. = (lb.cement per cu.yd.)x(%Na2O equivalent in cement) 100 In the above calculation,use the maximum cement alkali content reported on the cement mill certificate. h. Option 8.For any deviations from Options 1-7,perform the following: • Test both coarse and fine aggregate separately in accordance with ASTM C 1260,using 440 g of the proposed cementitious material in the same proportions of hydraulic cement to supplementary cementing material to be used in the mix. • Before use of the mix,provide the certified test report signed and sealed by a licensed professional engineer demonstrating that the ASTM C 1260 test result for each aggregate does not exceed 0.10%expansion. B. Trial Batches.Perform all preliminary trial batches and testing necessary to substantiate the proposed mix designs,and provide documentation including mix design,material proportions,and test results substantiating that the mix design conforms to specification requirements. Make all final trial batches using the proposed ingredients in a mixer that is representative of the mixers to be used on the job.Make the batch size at least 50%of the mixer's rated capacity.Perform fresh concrete tests for air and slump,and make,cure,and test strength specimens for compliance with specification requirements.Test at least 3 sets of design strength specimens with 2 specimens per set in accordance with Tex-418-A or Tex-448-A for each test age.Before placing,provide the Engineer the option of witnessing final trial batches,including the testing of the concrete.If not provided this option,the Engineer may require additional trial batches, including testing,before the concrete is placed. Establish 7-day compressive strength target values using the following formula for each concrete mix to be used: Target value=Minimum design strength x 7-day avg.trial batch strength 28-day avg.trial batch strength When there are changes in aggregates or in type,brand,or source of cement,SCM,or chemical admixtures,reevaluate the mix as a new mix design.A change in vendor does not necessarily constitute a change in materials or source. When only the brand or source of cement is changed and there is a prior record of satisfactory performance of the cement with the ingredients,new trial batches may be waived by the Engineer. When the maturity method is specified or permitted,establish the strength—maturity relationship in accordance with Tex-426-A.When using the maturity method any changes in any of the ingredients, including changes in proportions,will require the development of a new strength—maturity relationship for the mix. C. Storage of Materials. 1. Cement,Supplementary Cementing Materials,and Mineral Filler. Store all cement, supplementary cementing materials,and mineral filler in weatherproof enclosures that will protect them from dampness or absorption of moisture. When permitted,small quantities of sacked cement may be stored in the open,on a raised platform,and under waterproof covering for up to 48 hours. 2. Aggregates.Handle and store concrete aggregates in a manner that prevents contamination with foreign materials.If the aggregates are stored on the ground,clear the sites for the stockpiles of all vegetation,level the sites,and do not use the bottom 6-in.layer of aggregate without cleaning the aggregate before use. When conditions require the use of 2 or more grades of coarse aggregates,maintain separate stockpiles and prevent intermixing.Where space is limited,separate the stockpiles using physical barriers. Store aggregates from different sources in different stockpiles unless the Engineer authorizes pre-blending of the aggregates.Minimize segregation in stockpiles.Remix and test stockpiles when segregation is apparent. Sprinkle stockpiles to control moisture and temperature as necessary.Maintain reasonably uniform moisture content in aggregate stockpiles. 3. Admixtures. Store admixtures in accordance with manufacturer's recommendations and prevent admixtures from freezing. D. Measurement of Materials.Except for volumetric mixers,measure concrete materials by weight. Measure mixing water,consisting of water added to the batch,ice added to the batch,water occurring as surface moisture on the aggregates,and water introduced in the form of admixtures,by volume or weight.Measure ice by weight.Measure cement and supplementary cementing materials in a weigh hopper and on a separate scale from those used for other materials.Measure the cement first when measuring the cumulative weight.Measure concrete chemical admixtures in powdered form by weight. Measure concrete chemical admixtures in liquid form by weight or volume.Measure batch materials within the tolerances of Table 9. Table 9 Measurement Tolerances—Non-Volumetric Mixers Material Tolerance(%) Cement,wt. ±1 Mineral admixture,wt. ±1 Cement+SCM(cumulative weighing),wt. ±1 Water,wt.or volume +3 Fine aggregate,wt. 12 Coarse aggregate,wt. 12 Fine+coarse aggregate(cumulative weighing),wt. ±1 Chemical admixtures,wt.or volume ±3 When measuring cementitious materials at less than 30%of scale capacity,ensure that the quantity measured is accurate to not less than the required amount and not more than 4%in excess.When measuring aggregates in a cumulative weigh batcher at less than 30%of the scale capacity,ensure that the cumulative quantity is measured accurate to+0.3%of scale capacity or±3%of the required cumulative weight,whichever is less. For volumetric mixers,base tolerances on volume—weight relationship established by calibration,and measure the various ingredients within the tolerances of Table 10. Correct batch weight measurements for moisture. When approved,under special circumstances,measure cement in bags of standard weight.Weighing of sacked cement is not required.Do not use fractional bags except for small hand-mixed batches of approximately 5 cu.ft.or less and when an approved method of volumetric or weight measurement is used. Table 10 Measurement Tolerances—Volumetric Mixers Material Tolerance Cement,wt.% 0 to+4 SCM,wt.% 0to+4 Fine aggregate,wt.% 12 Coarse aggregate,wt.% 12 Admixtures,wt.or volume% +3 Water,wt.or volume% ±1 E. Mixing and Delivering Concrete.Mix and deliver concrete by means of one of the following operations: • central-mixed, • shrink-mixed, • truck-mixed, • volumetric mixer-mixed,or • hand-mixed. Operate mixers and agitators within the limits of the rated capacity and speed of rotation for mixing and agitation as designated by the manufacturer of the equipment. For shrink-mixed and truck-mixed concrete,when there is a reason to suspect the uniformity of concrete delivered using a truck mixer or truck agitator,conduct slump tests of 2 individual samples taken after discharging approximately 15%and 85%of the load as a quick check of the probable degree of uniformity.Take the 2 samples within an elapsed time of at most 15 min.If the slumps of the 2 samples differ by more than the values shown in Table 11,investigate the causes and take corrective actions including adjusting the batching sequence at the plant and the mixing time and number of revolutions.Delivery vehicles that fail to meet the mixing uniformity requirements must not be used until the condition is corrected. Table 11 Slump Tolerance' Average Slump Slump Tolerance2 4 in.or less 1.0 in. 4 to 6 in. 1.5 in. 1.Do not apply these tolerances to the required slumps in Table 8. 2.Maximum permissible difference in results of test of samples from 2 locations in the concrete batch. Re-tempering or adding concrete chemical admixtures is only permitted at the job site when concrete is delivered in a truck mixer.Do not add water after the introduction of mixing water at the batch plant except on arrival at the job site,with approval,to adjust the slump of the concrete.When this water is added,do not exceed the mix design water—cementitious-material ratio.Turn the drum or blades at least 30 additional revolutions at mixing speed to ensure thorough and uniform mixing of the concrete. Do not add water or chemical admixtures to the batch after any concrete has been discharged. Maintain concrete delivery and placement rates sufficient to prevent cold joints. Before unloading,furnish the delivery ticket for the batch of concrete containing the information required on Department Form 596,"Concrete Batch Ticket." When the concrete contains silica fume,adjust mixing times and batching operations as necessary to ensure the material is completely and uniformly dispersed in the mix.The dispersion of the silica fume within the mix will be verified by the Construction Division,Materials and Pavements Section,using cylinders made from trial batches.If uniform dispersion is not achieved,make necessary changes to the batching operations until uniform and complete dispersion of the silica fume is achieved. 1. Central-Mixed Concrete.Provide concrete that is mixed completely in a stationary mixer.Mix concrete for a period of 1 min.for 1 cu.yd.and 15 sec.for each additional cu.yd.of rated capacity of the mixer unless mixer performance test data demonstrate that shorter mixing times can be used to obtain a uniform mix in accordance with Tex-472-A.Count the mixing time from the time all the solid materials are in the drum.Charge the mixer so that some water will enter before the cement and aggregate.Ensure that all water is in the drum by the end of the first 1/4 of the specified mixing time.Adjust the mixing time if necessary to achieve a uniform mix.Concrete mixed completely in a stationary mixer must be delivered to the project in a truck mixer,truck agitator,or non-agitating delivery vehicle. When a truck mixer or truck agitator is used for transporting concrete,use the manufacturer's designated agitating speed for any turning during transportation.Non-agitating delivery vehicles must be clean and free of built-up concrete with adequate means to control concrete discharge.Deliver the concrete to the project in a thoroughly mixed and uniform mass,and discharge the concrete with a satisfactory degree of uniformity. Resolve questions regarding the uniformity of the concrete by testing when directed by the Engineer in accordance with Tex-472-A. 2. Shrink-Mixed Concrete.Provide concrete that is first partially mixed in a stationary mixer and then mixed completely in a truck mixer.Partially mix for the minimum time required to intermingle the ingredients in the stationary mixer,and then transfer to a truck mixer and mix the concrete at the manufacturer's designated mixing speed for an adequate amount of time to produce thoroughly mixed concrete.Deliver the concrete to the project in a thoroughly mixed and uniform mass,and discharge the concrete with a satisfactory degree of uniformity. 3. Truck-Mixed Concrete.Mix the concrete in a truck mixer from 70 to 100 revolutions at the mixing speed designated by the manufacturer to produce a uniform concrete mix.Deliver the concrete to the project in a thoroughly mixed and uniform mass and discharge the concrete with a satisfactory degree of uniformity.Additional mixing at the job site at the mixing speed designated by the manufacturer is allowed as long as concrete is discharged before the drum has revolved a total of 300 revolutions after the introduction of the mixing water to the cement and the aggregates. 4. Volumetric Mixer-Mixed Concrete. Unless otherwise specified or permitted,perform all mixing operations in accordance with manufacturer's recommended procedures.Provide an accurate method of measuring all ingredients by volume,and calibrate equipment to assure correct measurement of materials within the specified tolerances. 5. Hand-Mixed Concrete.When permitted,for small placements of less than 2 cu.yd.,mix up to a 2-sack batch of concrete by hand methods or in a small motor-driven mixer. For such placements, proportion the mix by volume or weight. F. Placing,Finishing,and Curing Concrete.Place,finish,and cure concrete in accordance with the pertinent Items. G. Sampling and Testing of Concrete.Unless otherwise specified,all fresh and hardened concrete is subject to testing as follows: 1. Sampling Fresh Concrete.Provide all material to be tested.Fresh concrete will be sampled for testing at the discharge end if using belt conveyors or pumps.When it is impractical to sample at the discharge end,a sample will be taken at the time of discharge from the delivery equipment and correlation testing will be performed and documented to ensure specification requirements are met at the discharge end. 2. Testing of Fresh Concrete. a. Air Content.Tex-414-A or Tex-416-A. b. Slump.Tex-415-A. c. Temperature.Tex-422-A. d. Making and Curing Strength Specimens.Tex-447-A. 3. Testing of Hardened Concrete.Only compressive strength testing will be used unless otherwise specified or shown on the plans. a. Compressive Strength.Tex-418-A. b. Flexural Strength.Tex-448-A. c. Maturity.Tex-426-a. 4. Certification of Testing Personnel.Contractor personnel performing testing must be either ACI- certified or qualified by a Department-recognized equivalent written and performance testing program for the tests being performed.Personnel performing these tests are subject to Department approval.Use of a commercial laboratory is permitted.All personnel performing testing using the maturity method must be qualified by a training program recognized by the Department before using this method on the job. 5. Adequacy and Acceptance of Concrete.The Engineer will sample and test the fresh and hardened concrete for acceptance. The test results will be reported to the Contractor and the concrete supplier.For any concrete that fails to meet the required strengths as outlined below, investigate the quality of the materials,the concrete production operations,and other possible problem areas to determine the cause.Take necessary actions to correct the problem including redesign of the concrete mix.The Engineer may suspend all concrete operations under the pertinent Items if the Contractor is unable to identify,document,and correct the cause of the low strengths in a timely manner.Resume concrete operations only after obtaining approval for any proposed corrective actions. a. Structural Concrete.For concrete classes identified as structural concrete in Table 5,the Engineer will make and test 7-day and 28-day specimens.Acceptance will be based on the design strength given in Table 5. The Engineer will evaluate the adequacy of the concrete by comparing 7-day test results to the target value established in accordance with Section 421.4.B,"Trial Batches." b. All Other Concrete.For concrete classes not identified as structural concrete in Table 5,the Engineer will make and test 7-day specimens.The Engineer will base acceptance on the 7-day target value established in accordance with Section 421.4.B,"Trial Batches." 6. Test Sample Handling.Unless otherwise shown on the plans or directed,remove forms and deliver department test specimens to curing facilities, in accordance with pertinent test procedures. Clean and prepare forms for reuse. 421.5.Measurement and Payment.The work performed,materials furnished,equipment,labor,tools, and incidentals will not be measured or paid for directly but will be subsidiary to pertinent Items. ITEM 440 REINFORCING STEEL 440.1.Description.Furnish and place reinforcing steel of the sizes and details shown on the plans. 440.2.Materials. A. Approved Mills.Before furnishing steel,producing mills of reinforcing steel for the Department must be pre-approved in accordance with DMS-7320,"Qualification Procedure for Reinforcing Steel Mills," by the Construction Division,which maintains a list of approved producing mills.Reinforcing steel obtained from unapproved sources will not be accepted. B. Deformed Bar and Wire Reinforcement.Unless otherwise shown on the plans,reinforcing steel must be Grade 60,and bar reinforcement must be deformed.Reinforcing steel must conform to one of the following: • ASTM A 615,Grades 40 or 60; • ASTM A 996,Type A,Grades 40 or 60; • ASTM A 996,Type R,Grade 60,permitted in concrete pavement only(Furnish ASTM A 996, Type R bars as straight bars only and do not bend them.Bend tests are not required.);or • ASTM A 706. The provisions of this Item take precedence over ASTM provisions. The nominal size,area,and weight of reinforcing steel bars covered by this Item are shown in Table 1. Designate smooth bars up to No.4 by size number and above No.4 by diameter in inches. Table 1 Size,Area,and Weight of Reinforcing Steel Bars Bar Size Bar Size Diameter Area(Sq. Weight per Number Number (in.) (mm) (in.) in.) Ft. 3 10 0.375 0.11 0.376 4 13 0.500 0.20 0.668 5 16 0.625 0.31 1.043 6 19 0.750 0.44 1.502 7 22 0.875 0.60 2.044 8 25 1.000 0.79 2.670 9 29 1.128 1.00 3.400 10 32 1.270 1.27 4.303 11 36 1.410 1.56 5.313 14 43 1.693 2.25 7.650 18 57 2.257 4.00 13.60 Note:Bar size numbers(in.)are based on the number of eighths of an inch included in the nominal diameter of the bar.Bar size numbers(mm)approximate the number of millimeters included in the nominal diameter of the bar. C. Smooth Bar and Spiral Reinforcement.Smooth bars and dowels for concrete pavement must have a minimum yield strength of 60 ksi and meet ASTM A 615.For smooth bars that are larger than No.3, provide steel conforming to ASTM A 615 or meet the physical requirements of ASTM A 36. Spiral reinforcement may be smooth or deformed bars or wire of the minimum size or gauge shown on the plans.Bars for spiral reinforcement must comply with ASTM A 615,Grade 40;ASTM A 996, Type A,Grade 40;or ASTM A 675,Grade 80,meeting dimensional requirements of ASTM A 615. Smooth wire must comply with ASTM A 82,and deformed wire must comply with ASTM A 496. D. Weldable Reinforcing Steel.Reinforcing steel to be welded must comply with ASTM A 706 or have a carbon equivalent(C.E.)of at most 0.55%.A report of chemical analysis showing the percentages of elements necessary to establish C.E. is required for reinforcing steel that does not meet ASTM A 706 to be structurally welded.These requirements do not pertain to miscellaneous welds on reinforcing steel as defined in Section 448.4.B.1.a,"Miscellaneous Welding Applications." Calculate C.E.using the following formula: %Mn %Cu %Ni %Cr %Mo %V C.E.=%C+ + + + - -- 6 40 20 10 50 10 E. Welded Wire Fabric.For fabric reinforcement,use wire that conforms to ASTM A 82 or A 496.Use wire fabric that conforms to ASTM A 185 or A 497.Observe the relations shown in Table 2 among size number,diameter in inches,and area when ordering wire by size numbers,unless otherwise specified.Precede the size number for deformed wire with"D"and for smooth wire with"W." Designate welded wire fabric as shown in the following example: 6 x 12-W16 x W8(indicating 6-in. longitudinal wire spacing and 12-in.transverse wire spacing with smooth No. 16 wire longitudinally and smooth No.8 wire transversely). Table 2 Wire Size Number,Diameter,and Area Size Number Size Number (in.) (mm) Diameter(in.) Area(sq.in.) 31 200 0.628 0.310 30 194 0.618 0.300 28 181 0.597 0.280 26 168 0.575 0.260 24 155 0.553 0.240 22 142 0.529 0.220 20 129 0.505 0.200 18 116 0.479 0.180 16 103 0.451 0.160 14 90 0.422 0.140 12 77 0.391 0.120 10 65 0.357 0.100 8 52 0.319 0.080 7 45 0.299 0.070 6 39 0.276 0.060 5.5 35 0.265 0.055 5 32 0.252 0.050 4.5 29 0.239 0.045 4 26 0.226 0.040 3.5 23 0.211 0.035 2.9 19 0.192 0.035 2.5 16 0.178 _ 0.025 _ 2 13 0.160 0.020 1.4 9 0.134 0.014 1.2 8 0.124 0.012 0.5 3 0.080 0.005 Note:Size numbers(in.)are the nominal cross-sectional area of the wire in hundredths of a square inch.Size numbers(mm)are the nominal cross-sectional area of the wire in square millimeters.Fractional sizes between the sizes listed above are also available and acceptable for use. F. Epoxy Coating.Epoxy coating will be required as shown on the plans. Before furnishing epoxy- coated reinforcing steel,an epoxy applicator must be pre-approved in accordance with DMS-7330, "Qualification Procedure for Reinforcing Steel Epoxy Coating Applicators."The Construction Division maintains a list of approved applicators. Coat reinforcing steel in accordance with Table 3. Table 3 Epoxy Coating Requirements for Reinforcing Steel Material Specification Bar ASTM A 775 or A 934 Wire or fabric ASTM A 884 Class A or B Mechanical couplers As shown on the plans Hardware As shown on the plans Use epoxy coating material and coating repair material that complies with DMS-8130,"Epoxy Powder Coating for Reinforcing Steel."Do not patch more than 1/4 in.total length in any foot at the applicator's plant. Epoxy-coated reinforcement will be sampled and tested in accordance with Tex-739-I. Maintain identification of all reinforcing throughout the coating and fabrication and until delivery to the project site. Furnish 1 copy of a written certification that the coated reinforcing steel meets the requirements of this Item and 1 copy of the manufacturer's control tests. G. Mechanical Couplers.When mechanical splices in reinforcing steel bars are shown on the plans,use the following types of coupler: • sleeve-filler, • sleeve-threaded, • sleeve-swaged,or • sleeve-wedge. Furnish only couplers that have been produced by a manufacturer that has been prequalified in accordance with DMS-4510,"Mechanical Couplers."Sleeve-wedge type couplers will not be permitted on coated reinforcing.Couplers for use on individual projects must be sampled and tested in accordance with DMS-4510.Furnish couplers only at locations shown on the plans. 440.3.Construction. A. Bending.Cold-bend the reinforcement accurately to the shapes and dimensions shown on the plans. Fabricate in the shop if possible.Field-fabricate,if permitted,using a method approved by the Engineer.Replace improperly fabricated,damaged,or broken bars at no additional expense to the Department.Repair damaged or broken bars embedded in a previous concrete placement using a method approved by the Engineer. Unless otherwise shown on the plans,the inside diameter of bar bends,in terms of the nominal bar diameter(d),must be as shown in Table 4. Table 4 Minimum Inside Diameter of Bar Bends Bar Size Bar Size Bend Number Number Diameter (in.) (mm) Bends of 90°and greater in 3,4,5 10, 13, 16 4d stirrups,ties,and other secondary bars that enclose 6 7 8 19,22,25 6d another bar in the bend Bends in main bars and in 3 through 8 10 through 25 6d secondary bars not covered 9, 10, 11 29,32,36 8d above 14, 18 43,57 10d Note:Bar size numbers(in.)are based on the number of eighths of an inch included in the nominal diameter of the bar.Bar size numbers(mm)approximate the number of millimeters included in the nominal diameter of the bar. Where bending No. 14 or No. 18 Grade 60 bars is required,bend-test representative specimens as described for smaller bars in the applicable ASTM specification.Make the required 90°bend around a pin with a diameter of 10 times the nominal diameter of the bar. B. Tolerances.Fabrication tolerances for bars are shown in Figure 1. ±1" � J ±2" From end of bar to any bend ±1/2" +0, -1/4" if 6" or less +0, -1/2" if over 6" ±1/2" ±1/2" Spiral or Stirrup or Tie Circular Tie Figure 1 Fabrication tolerances for bars. C. Storage.Store steel reinforcement above the ground on platforms,skids,or other supports,and protect it from damage and deterioration.Ensure that reinforcement is free from dirt,paint,grease,oil,and other foreign materials when it is placed in the work.Use reinforcement free from defects such as cracks and delaminations.Rust,surface seams,surface irregularities,or mill scale will not be cause for rejection if the minimum cross-sectional area of a hand wire-brushed specimen meets the requirements for the size of steel specified. D. Splices.Lap-splice,weld-splice,or mechanically splice bars as shown on the plans.Additional splices not shown on the plans will require approval. Splices not shown on the plans will be permitted in slabs 15 in.or less in thickness,columns,walls,and parapets. • Unless otherwise approved,splices will not be permitted in bars 30 ft.or less in plan length.For bars exceeding 30 ft. in plan length,the distance center-to-center of splices must be at least 30 ft. minus 1 splice length,with no more than 1 individual bar length less than 10 ft.Make lap splices not shown on the plans,but otherwise permitted,in accordance with Table 5.Maintain the specified concrete cover and spacing at splices,and place the lap-spliced bars in contact,securely tied together. Table 5 Minimum Lap Requirements for Bar Sizes through No. 11 Bar Size Bar Size Uncoated Lap Coated Lap Number(in.) Number(mm) Length Length 3 10 l ft.4 in. 2 ft.0 in. 4 13 1 ft.9 in. 2 ft.8 in. 5 16 2 ft.2 in. 3 ft.3 in. 6 19 2 ft.7 in. 3 ft. 11 in. 7 22 3 ft.5 in. 5 ft.2 in. 8 25 4 ft.6 in. 6 ft.9 in. 9 29 5 ft.8 in. 8 ft.6 in. 10 32 7 ft.3 in. 10 ft. 11 in. 11 36 8 ft. 11 in. 13 ft.5 in. Note:Bar size numbers(in.)are based on the number of eighths of an inch included in the nominal diameter of the bar.Bar size numbers(mm)approximate the number of millimeters included in the nominal diameter of the bar. • Do not lap No. 14 or No. 18 bars. • Lap spiral steel at least 1 turn. • Splice welded wire fabric using a lap length that includes the overlap of at least 2 cross wires plus 2 in.on each sheet or roll. Splices using bars that develop equivalent strength and are lapped in accordance with Table 5 are permitted. • For box culvert extensions with less than 1 ft.of fill,lap the existing longitudinal bars with the new bars as shown in Table 3.For extensions with more than 1 ft.of fill,lap at least 1 ft.0 in. • Ensure that welded splices conform to the requirements of the plans and of Item 448,"Structural Field Welding."Field-prepare ends of reinforcing bars if they will be butt-welded.Delivered bars must be long enough to permit weld preparation. • Install mechanical coupling devices in accordance with the manufacturer's recommendations at locations shown on the plans.Protect threaded male or female connections,and make sure the threaded connections are clean when making the connection. Do not repair damaged threads. • Mechanical coupler alternate equivalent strength arrangements,to be accomplished by substituting larger bar sizes or more bars,will be considered if approved in writing before fabrication of the systems. E. Placing.Unless otherwise shown on the plans,dimensions shown for reinforcement are to the centers of the bars.Place reinforcement as near as possible to the position shown on the plans.In the plane of the steel parallel to the nearest surface of concrete,bars must not vary from plan placement by more than 1/12 of the spacing between bars.In the plane of the steel perpendicular to the nearest surface of concrete,bars must not vary from plan placement by more than 1/4 in.Cover of concrete to the nearest surface of steel must be at least 1 in.unless otherwise shown on the plans. For bridge slabs,the clear cover tolerance for the top mat of reinforcement is—0,+1/2 in. Locate the reinforcement accurately in the forms,and hold it firmly in place before and during concrete placement by means of bar supports that are adequate in strength and number to prevent displacement and to keep the steel at the proper distance from the forms.Support bars by standard bar supports with plastic tips,approved plastic bar supports,or precast mortar or concrete blocks when supports are in contact with removable or stay-in-place forms.Use bright basic bar supports to support reinforcing steel placed in slab overlays on concrete panels or on existing concrete slabs.Bar supports in contact with soil or subgrade must be approved. For bar supports with plastic tips,the plastic protection must be at least 3/32 in.thick and extend upward on the wire to a point at least 1/2 in.above the formwork. All accessories such as tie wires,bar chairs,supports,or clips used with epoxy-coated reinforcement must be of steel,fully coated with epoxy or plastic.Plastic supports approved by the Engineer may also be used with epoxy-coated reinforcement. Cast mortar or concrete blocks to uniform dimensions with adequate bearing area.Provide a suitable tie wire in each block for anchoring to the steel.Cast the blocks to the thickness required in approved molds.The surface placed adjacent to the form must be a true plane,free of surface imperfections. Cure the blocks by covering them with wet burlap or mats for a period of 72 hr.Mortar for blocks should contain approximately 1 part hydraulic cement to 3 parts sand. Concrete for blocks should contain 850 lb.of hydraulic cement per cubic yard of concrete. Place individual bar supports in rows at 4-ft.maximum spacing in each direction.Place continuous type bar supports at 4-ft.maximum spacing.Use continuous bar supports with permanent metal deck forms. The exposure of the ends of longitudinals,stirrups,and spacers used to position the reinforcement in concrete pipe and in precast box culverts or storm drains is not cause for rejection. Tie reinforcing steel for bridge slabs,top slabs of direct traffic culverts,and top slabs of prestressed box beams at all intersections,except tie only alternate intersections where spacing is less than 1 ft. in each direction.For reinforcing steel cages for other structural members,tie the steel at enough intersections to provide a rigid cage of steel.Fasten mats of wire fabric securely at the ends and edges. Before concrete placement,clean mortar,mud,dirt,debris,oil,and other foreign material from the reinforcement.Do not place concrete until authorized. If reinforcement is not adequately supported or tied to resist settlement,reinforcement is floating upward,truss bars are overturning,or movement is detected in any direction during concrete placement,stop placement until corrective measures are taken. F. Handling,Placement,and Repair of Epoxy-Coated Reinforcing Steel. 1. Handling.Provide systems for handling coated reinforcement with padded contact areas.Pad bundling bands or use suitable banding to prevent damage to the coating.Lift bundles of coated reinforcement with a strongback,spreader bar,multiple supports,or a platform bridge.Transport the bundled reinforcement carefully,and store it on protective cribbing.Do not drop or drag the coated reinforcement. 2. Construction Methods.Do not flame-cut coated reinforcement. Saw or shear-cut only when approved.Coat cut ends as specified in Section 440.3.F.3,"Repair of Coating." Do not weld or mechanically couple coated reinforcing steel except where specifically shown on the plans.Remove the epoxy coating at least 6 in.beyond the weld limits before welding and 2 in. beyond the limits of the coupler before assembly.After welding or coupling,clean the steel of oil, grease,moisture,dirt,welding contamination(slag or acid residue),and rust to a near-white finish. Check the existing epoxy for damage.Remove any damaged or loose epoxy back to sound epoxy coating. After cleaning,coat the splice area with epoxy repair material to a thickness of 7 to 17 mils after curing.Apply a second application of repair material to the bar and coupler interface to ensure complete sealing of the joint. 3. Repair of Coating.For repair of the coating,use material that complies with the requirements of this Item and ASTM D 3963.Make repairs in accordance with procedures recommended by the manufacturer of the epoxy coating powder.For areas to be patched,apply at least the same coating thickness as required for the original coating.Repair all visible damage to the coating. Repair sawed and sheared ends,cuts,breaks,and other damage promptly before additional oxidation occurs.Clean areas to be repaired to ensure that they are free from surface contaminants. Make repairs in the shop or in the field as required. 440.4.Measurement and Payment.The work performed,materials furnished,equipment,labor,tools, and incidentals will not be measured or paid for directly but will be considered subsidiary to pertinent Items. ITEM 530 INTERSECTIONS,DRIVEWAYS,AND TURNOUTS 530.1.Description.Construct and pave intersections,driveways,and turnouts.Pave existing intersections, driveways,and turnouts. Intersections are considered to be areas off the travel lanes and shoulders of the Contract highway on the intersecting highway on the state system.The intersecting on-system highway work will be paid for under this Item only when shown on the plans. Driveways are defined as private(residential or commercial)and public(county road and city street)access areas off the travel lanes and shoulders. Turnouts include but are not limited to mailbox and litter barrel widenings. 530.2.Materials.Furnish materials that meet the following: • Item 247,"Flexible Base" • Item 260,"Lime Treatment(Road Mixed)" • Item 263,"Lime Treatment(Plant Mixed)" • Item 275,"Cement Treatment(Road Mixed)" • Item 276,"Cement Treatment(Plant Mixed)" • Item 292,"Asphalt Treatment(Plant Mix)" • Item 316,"Surface Treatments" • Item 330,"Limestone Rock Asphalt Pavement" • Item 334,"Hot Mix—Cold Laid Asphalt Concrete Pavement" • Item 340,"Dense-Graded Hot Mix Asphalt Concrete Pavement(Method)" • Item 360,"Concrete Pavement" • Item 421,"Hydraulic Cement Concrete" • Item 440,"Reinforcing Steel." 530.3.Construction.Construct and pave intersections,driveways,and turnouts,and pave existing intersections,driveways,and turnouts as shown on the plans or as directed.Place materials in accordance with construction Articles of pertinent Items.Provide uninterrupted access to adjacent property unless otherwise directed.Ensure that abrupt elevation changes in driveway or turnout areas that serve as sidewalks do not exceed 1/4 in.and that the sidewalk area cross slope does not exceed 2%.Ready-mix concrete and hand finishing will be permitted when concrete pavement is specified unless otherwise shown in the plans for intersections. 530.4.Measurement.This Item will be measured by each intersection,driveway,or turnout,or by the square yard of the final pavement surface.When"Intersections,Driveways,and Turnouts"or"Driveways and Turnouts"are bid,measurement will be restricted to the square yard. 530.5.Payment.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"Intersections,""Driveways," "Turnouts,""Intersections,Driveways,and Turnouts,"or"Driveways and Turnouts"of the surface specified(Concrete,Asphaltic Concrete Pavement,or Surface Treatment). This price is full compensation for furnishing and operating equipment;excavation and embankment;base and pavement materials;and labor,materials,tools,and incidentals.Drainage structures will be measured and paid for in accordance with the pertinent bid Items.Bonus and penalties for quality control and quality assurance(QC/QA)materials will not apply when payment for those materials is made under this Item. Exhibit A Geotechnical Engineering Study GEOTECHNICAL ENGINEERING STUDY 16-Inch Waterline - State Highway 35 Between F.M. 518 and Magnolia Road Pearland,Texas Reported to: Brown & Gay Engineers Houston,Texas Prepared by: QC Laboratories,Inc. 10810 Northwest Freeway Houston,Texas 77092 (713) 695-1133 PROJECT NO.: 13G9887 September 2013 LABORATORIES, INC. Engineering and Testing Services LABORATORIES, INC. Engineering and Testing Services September 23,2013 Brown&Gay Engineers 10777 Westheimer,Suite 400 Houston,Texas 77042 Attn: Mr.Jim Johnson,P.E. Re: Geotechnical Engineering Study 16-Inch Waterline-State Highway 35 Between F.M.518 and Magnolia Road Pearland,Texas QC),No. 13G9887 Dear Mr. ns is oh J or . We are pleased to submit our geotechnical engineering report for the above referenced project. This study was performed at the request and authorization to proceed in general accordance with QCt Proposal No.39111.Revision2,dated July 2,2013. We appreciate the opportunity to be of service to you on this phase of the project. If we may be of additional assistance,please call us. Sincerely, QC LABORATORIES,INC. (Texas Registered 1?ngineering Firm F-3601) Mario D.Tagavilla,B.I.T. .4"0.0,0F TF.t%� Project Manager ,!y.• ( ••qS,� JOHN D.GU,DA ;I:41. :&i 11)% 100292 4010 )hn D. Guida,P.E. II 'c4`"*.;BNst:.0%v.' 13 Director of Engineering ,�\�SION{11.E�.•.' I'h Copies Submitted: Addressee-(1)Electronic HARRIS COUNTY,TEXAS GALVESTON COUNTY,TEXAS Tel:713-695-1133 — Fax:713-695-0808 Tel: 281-332-8378 --- Fax:281-332-8399 www.gclabs,com Table of Contents 1.0 INTRODUCTION 1 1.1 Project Description and Scope of Services 1 2.0 INVVESTIGATION TECHNIQUES 2 2.1 Field Exploration 2 2.2 Laboratory Tests 2 3.0 GENERAL SITE AND SUBSURFACE CONDITIONS 3 3.1 Geology 4 4.0 WATER-LEVEL MEASUREMENTS 4 5.0 CONCLUSIONS AND RECOMMENDATIONS 5 5.1 Aerial Crossing(Driven Piles) 6 5.2 Scour at Pile Locations 7 5.3 Installation of Driven Piles 7 5.4 Excavations (Open-Cut and Bore Pit) 8 5.5 Temporary Groundwater Control 9 5.6 Uplift Pressures on Embedded Structures 10 5.7 Lateral Earth Pressures 11 5.8 Utility Bedding and Backfill 12 5.9 Trencbless Considerations 13 6.0 BASIS FOR RECOMMENDATIONS 14 7.0 OBSERVATION DURING CONSTRUCTION 15 7.1 Construction Materials Testing 15 8.0 DISCLAIMER 15 APPENDIX Vicinity Map Plate 1 Plans of Borings Plates 2& 2A Logs of Borings,B-1 through B-14 Plates 3—16 Symbols and Terms Used on the Boring Logs Plate 17 16-Inch Water Line—State Highway 35 Page 1 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 1.0 INTRODUCTION 1.1 Project Description and Scope of Services The project consists of the installation of a 16-inch diameter water line (and associated leads) along portions of the west and east right-of-ways (ROW) of State Highway (SI-I) 35 between F.M. 518 and Magnolia Road in Pearland,Texas. A vicinity map of the project site is provided on Plate 1 in the Appendix. Based on information provided,we understand the proposed water line is planned to traverse approximately 1,400 linear feet along the west ROW of S.H. 35 between F.M. 518 and West Walnut Street. The water line then switches to the east RO\W and traverses approximately 5,800 linear feet from East Walnut Street to Magnolia Road. The water line is generally planned to have invert elevations ranging from about 37 to 42 feet. We understand the water line will be installed primarily through open excavation construction methods. However, trenchless construction is planned along the alignment at the following locations: Size Approx.Station Crosses Length(feet) 12"Lead 7+70 S.H.35 80 16" 14+40 to 15+70 East Walnut Street 130 8"Lead 32+80 S.H.35 80 16" 33+70 to 34+30 Hampshire Street 64 8"Lead 39+70 S.H.35 95 16" 46+50 to 47+00 Swensen Road 55 8"Lead 51+35 S.H.35 95 [ 8"Lead 65+40 S.H.35 95 16" 70+10 to 71+25 John Lizer Road 115 In addition, an aerial crossing is planned at Mary's Creek between approximately stations 42+30 to 44+50. We understand that driven pile foundations are being considered to support the aerial water line crossing. The project also consists of the installation of two sanitary sewer manholes and approximately 155 linear feet of 6 and 8-inch diameter sanitary sewer line between stations 46+18 and 47+17. Our scope of services included evaluating the subsurface conditions by drilling and sampling soil borings, laboratory tests of selected soil samples, engineering analysis, and preparing a geotechnical engineering report for this project. Our report addresses excavation and 16-Inch Water Line—State Highway 35 Page 2 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 groundwater control, uplift and lateral earth pressures, design considerations for trenchless construction, and foundation design and construction for the proposed aerial crossing to include driven precast/prestressed(PC/PS)concrete piles. 2.0 INVESTIGATION TECHNIQUES 2.1 Field Exploration Subsurface conditions were evaluated by drilling and sampling fourteen soil borings (B-1 through B-14) to depths that ranged from about 15 to 50 feet along the proposed water line alignment. The boring locations are shown on the Plan of Borings, Plates 2 and 2A, in the Appendix. The soil sample intervals are shown on the boring logs. Cohesive soil samples were generally obtained with a 3-inch diameter tube sampler. Pocket penetrometer tests were performed on the soil samples in the field to serve as a general measure of consistency. Cohesioniess soils and soils for which good quality tube samples could not be obtained were sampled using a split-spoon sampler by means of the Standard Penetration Test (SPT). The SPT test consists of measuring the number of blows required for a 140-pound hammer falling 30 inches to drive the split spoon sampler 12 inches into the subsurface soils, after being seated 6 inches.This blow count is used to evaluate the stratum. Each sample was removed from the sampler in the field, examined and classified by an experienced technician. The samples were delivered to our laboratory in Ilouston. At the completion of drilling, the soil borings were backfilled with soil cuttings. 2.2 Laboratory Tests In the laboratory, each sample was classified by an engineer. Laboratory tests were performed on selected soil samples to evaluate the physical properties of the soils. The geotechnical engineering properties of the soils were evaluated by performing the following tests: • Moisture Content(ASTM D2216); • Atterberg Limits (ASTM D4318-Method B); • Dry Density(ASTM D2937); • Unconfined Compression(ASTM D2166);and • Percent Finer than No.200 Sieve(ASTM D 1140). 16-Inch Water Line—State Highway 35 Page 3 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 Detailed soil descriptions and results of the tests are presented on the boring logs, Plates 3 through 16,in the Appendix. 3.0 GENERAL SITE AND SUBSURFACE CONDITIONS At the time of our field program, the alignment contained existing pavements, crushed stone material,grass,weeds,exposed ground,and Mary's Creek. Fill was observed within the upper 2 to 4 feet of existing grade (grade existing at the time of our field program) at borings B-1, B-4, 13-5, and B-7 through B-14. The fill consisted of lean clay, sandy lean clay, silty sand,and fat clay soils. In addition, the subgrade at boring B-2 was covered with approximately 5 inches of sand and gravel material. The native subsurface soils along the alignment generally consisted of varying layers and thicknesses of native lean clay, sandy lean clay and fat clay soils that extended to depths that ranged from about 6 to 25 feet below existing grade. These soils were generally underlain by silty/sandy soils and/or clayey sand soils that extended to depths that ranged from 13 to 32 feet. Fat clay soils were generally observed below the sand soils and extended to a maximum depth of approximately 50 feet. Based on our field and laboratory programs,the subsurface soils can be summarized as follows: Subsurface Soil Conditions Natural Percent Undrained Description Moisture Plasticity Passing the SPT Shear Content Index No.200 N-Values Strength2 (%) (%) Sieve (bpf)1 (psf) FILL:Lean/Sandy Lean 10—21 19—22 78 12—13 2,200 Clay(CL) ' FILL:Fat Clay(CH) 19—22 48—49 --- Fat Clay(CH) 15—37 38—58 100 27 700—3,300 Lean/Sandy Lean Clay(CL) 7—27 12—36 58—93 --- 600—7,000 Clayey Sand(SC) 4—21 7—23 34—48 4 500—1,000 Silty Sand(SM)and Sandy 17—28 10—71 3—38 Silt(ML) bpf=blows per foot. From unconfined compressive strength tests. 16-Inch Water Line—State Highway 35 Page 4 of 16 BetweenF.M:518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 A key to the terms and symbols used to aid in soil classifications on the boring logs are provided on Plate 17 in the Appendix 3.1 Geology The site is located on the Beaumont Formation.This formation consists of very deep,poorly drained, and low permeable soils. These soils formed in clayey flood basin deposits of the Pleistocene Age (beginning about two million years ago and ending about ten thousand years ago). The clay is generally interbedded with layers of fine sand and silt, decayed organic matter,and zones that contain calcareous and ferrous nodules. The clay fraction is primarily composed of montmorillonite, lu te, kaolinite, and finely ground quartz. The clay has been preconsolidated through desiccation. Numerous wetting and drying cycles have produced a network of small randomly oriented, closely-spaced joints. These small joints frequently have a shiny appearance and are called slickensided. The slickensided joints can have an influence on the construction and engineering behavior of the soil. The coastal plain in this region has a complex geology. Several major features include geosynclines (elongated, basin-like depressions in the earth's crust where sediments and/or volcanic deposits have accumulated), salt domes, major sea level fluctuations during glacial stages, subsidence and faulting activities. Most of the faulting activities have ceased for millions of years but there are still some active faults in the Gulf Coast area. A fault investigation and/or study of the site geology were beyond the scope of this report. 4.0 WATER-LEVEL MEASUREMENTS The borings at this site were drilled using both dry drilling and wet rotary drilling techniques. Dry drilling was used to the depth of groundwater. Upon reaching groundwater,drilling was suspended to facilitate observation of groundwater levels prior to switching to wet rotary drilling. Outlined in the table below are the water level observations for the borings drilled for this project. Boris Boring Dry Drilling Water Level Observations(feet) g Depth(1) Depth(') No. After Waiting (feet) (feet) During Drilling 15-Minutes B-1 15 15 121 81/2 B-2 15 15 11 8(2) 16-Inch Water Line—State Highway 35 Page 5 of 16 Between KM. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL 13G9887 Boring Dry Drilling Water Level Observations(feet) Boring Depth(1) Depth(t) No. feet After Waiting (feet) (feet) During Drilling 15-Minutes Continued from Page 4 B-3 15 15 121/2 71/2 B-4 15 15 15 9(2) B-5 15 15 101/2 71/2(2) B-6 15 15 11'/2 9 B-7 15 15 13 10(3) B-8 25 15 15 111/2(3) B-9 50 20 19 13 B-10 50 15 15 10' B-11 15 15 13 121/2(3) B-12 15 15 N.O. N.O. B-13 15 15 141 12(3) B-14 2S 25 N.O. N.O. (I) Depth below existing grade. (2) Water level measured after the completion of drilling. (1) Depth at which wet cave-in occurred. (;) N.O.=Not observed Fluctuations in the groundwater levels may occur due to variations in rainfall and surface water run-off. The actual depth of the groundwater should be evaluated prior to construction. 5.0 CONCLUSIONS AND RECOMMENDATIONS The conclusions and recommendations contained in this report were prepared based on conditions encountered in the borings drilled at this site, our field and laboratory test results, and our past experience with geotechnical conditions similar to those at this site. In the event that any changes in the nature, design or location of the water line is made from that originally described to us, the conclusions and recommendations contained in this report shall not be considered valid until the changes are reviewed and the conclusions are verified in writing. 16-Inch Water Line—State Highway 35 Page 6 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 5.1 Aerial Crossing(Driven Piles) As mentioned previously, we understand that driven PC/PS concrete piles are being considered to support the proposed aerial water line crossing. This type of foundation system may be utilized provided the foundation system is designed and constructed in accordance with the recommendations presented herein. Outlined in the table below are the recommended allowable capacities for the driven pile foundations. Driven Pile Foundation Design Parameters for Water Line Aerial Crossing (Borings 13-9 and B-10) Depth Below Effective Unit Net Allowable End Allowable Side Allowable Passive • Existing Grade' Weight Beating Pressure2 Friction; Pressure; (feet) (pet) (psi) (psi) (psi) 0—5 120 Disregard 5—13 125 Disregard 375 1,400 13—17 654 Disregard 275 600 17—28 534 Disregard 300 2,500 28—32 534 6,000 32—50 654 6,000 450 2,000 1. Grade existing at the time of our field program. 22' To use the recommended allowable end bearing pressures above,a minimum penetration of 2 feet into the desired bearing strata should be achieved with a minimum of 4 feet of the selected bearing stratum beneath the pile tip. 3. The allowable passive pressure and side friction values are based on a rectangular pressure distribution. 4. Submerged unit weight. A minimum penetration of 2 feet into the desired bearing strata should be achieved with a minimum of 4 feet of the selected bearing stratum beneath the pile tip to use the recommended allowable end bearing pressures. Lateral resistance of driven piles is primarily developed by the passive resistance of the soil against the side of the pile. We recommend that the lateral resistance within the upper 5 feet be neglected due to surface effects, fill, and potential scour. This is especially important for piles placed at the bottom of the creek where weak and saturated soil conditions are anticipated. A detailed lateral load analysis of the proposed piles was beyond the scope of this study. If requested,a detailed lateral capacity analysis of the proposed driven piles can be provided for this project. 16-Inch Water Line—State Highway 35 Page 7 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 Design of piles should also include an evaluation of the structural capacity of the pile,which may limit the allowable capacity. Any pile splices must provide positive load transfer both in compression and tension since driving displacement piles within clay could result in heave. As the pile is driven,it displaces soil upward toward the surface.This upward soil movement can "drag" the adjacent piles up and lift them off of their bearing layer causing tension along the piles. The minimum center-to-center spacing between adjacent piles should be three pile diameters to develop the recommended bearing pressure and to control foundation settlements. Post construction settlements of single,isolated piles will depend on the elastic properties of the pile, the applied load and the interaction of the soil and pile. Settlement is anticipated to be primarily elastic and will occur relatively rapidly as load is applied. Significant consolidation settlement due to applied load is not anticipated at this site for the pile capacities given. Our experience indicates that single,isolated piles loaded to about one-half of their ultimate capacity should experience settlement of less than one inch. 5.2 Scour at Pile Locations As mentioned previously, we understand that the water line is planned to cross existing Mary's Creek between approximately stations 42+30 to 44+50.The piles utilized to support the aerial crossing should be sized to account for erosion associated with scour action. The scour depth and final configuration of the creek and aerial crossing were not available to us at the time of this report. A scour analysis was beyond the scope of this report. We recommend that a Hydraulics Engineer be consulted to provide recommendations regarding depth of scour at pile locations. $,3 Installation of Driven Piles The installation of driven piles should preferably be accomplished by driving alone. The effects and methods of pile installation should be given proper consideration when choosing and designing pile foundation systems. In most situations, the greatest stress a driven pile will experience is during installation. Pile and soil properties, embedment length requirements and driving equipment are only a few of the many variables to consider in determining the most efficient method of pile installation. Piles should be driven to a predetermined depth with blow count as a secondary consideration. Because set-up during interruption can produce increased resistance to driving,a pile should be driven to its design depth without any delays,if possible. 16-Inch Water Line—State Highway 35 Page 8 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 Also,if a pile exhibits a resistance lower than the terminal resistance values given by driving formulas at an appreciable depth below the predetermined depth, the pile may be re-tapped after a suitable elapsed time and after the installation of other nearby piles.The re-tap should be performed at the contractor's discretion to prove the acceptability of the pile. Should, in the Geotechnical Engineer's judgment, the re-tap not indicate adequate capacity, additional piles may need to be installed to provide capacity. In addition, we recommend the use of a "Pile Driving Analyzer (PDA)" during pile installation. The PDA can monitor driving stresses and hammer energy during pile installation,and also provides a continuous record of the pile installation. The performance of the driven pile foundation system will be highly dependent upon the quality of construction. Thus, we recommend that pile installation be closely monitored by a qualified technician experienced in pile installation techniques. As a minimum, the technician should record blows, note any unusual installation occurrences, monitor hammer operation and generally evaluate if pile installation is being performed in accordance with the project specifications. 5.4 Excavations (Open-Cut and Bore Pit) For this project, either excavated side slopes or vertical cut excavations are feasible. Excavations must be performed and evaluated under the supervision of a contractor designated Competent Person. The Competent Person, as defined by OSHA (29 CFR, Standard Number 1926.650 (b), Subpart P), "must be capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees,and who has authorization to take prompt corrective measures to eliminate them." Bracing for vertical excavation walls should be designed to resist a uniform lateral earth pressure of at least 361-I psf,where I-I is the depth of the excavation in feet. Additional lateral pressure, due to surcharge loads along the trench, should be considered by adding a lateral pressure of 50 percent of the surcharge pressure. Based on OSHA soil classifications, the soils within the planned excavation depths should be considered Type C soil. Therefore, a slope of 1.5 Horizontal (H) to 1 Vertical (V) or flatter should be maintained in open cut slopes for temporary construction.The OSHA slope criteria is valid for depths of 20 feet or less. If the slope exhibits instability during excavation then the slope angle should be flattened. The surface slopes should be protected from deterioration, erosion and weathering if they are left open for significant periods of time. • 16-Inch Water Line—State Highway 35 Page 9 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCI,: 13G9887 As a safety measure, no equipment should be operated within at least 5 feet of the edge of the excavation and no materials should be stockpiled within a horizontal distance equal to the depth of the excavation. Excavations should not approach closer than a horizontal distance equal to the excavation depth from existing structures without some form of protection for the existing facilities. Surface water should be diverted away from the excavation through proper berming or ditching. 5.5 Temporary Groundwater Control As mentioned previously, the excavations to install the proposed water line,including bore pit locations,arc planned to extend to depths ranging from about 7 to 14 feet below existing grade. The subsurface soils along the alignment generally consisted of clayey soils from the ground surface to depths that ranged from about 8 to 13 feet below existing grade. These soils were generally underlain by silty/sandy soils that extended to a maximum depth of about 32 feet. In addition, groundwater was initially observed during drilling at depths that ranged from about 101 to 19 feet below existing grade. Groundwater was generally observed within the silty/sandy layers. Based on the soil and groundwater conditions observed during our field investigation, planned excavations within the upper 8 feet in the clayey soils are anticipated to occur without advanced dewatering. Seepage that may occur is expected to be minor and can be handled with sumps and pumps positioned in the bottom of the excavation. Excavations should be sloped such that water can be collected and removed from the excavation. Excavations that extend into the water bearing silty sand soils are anticipated to require advanced dewatering. Advanced dewatering may consist of wellpoints, deep wells with submersible pumps,and eductors. However,based on the anticipated excavation depths,it is our opinion that wellpointing will be the most effective means to control groundwater. \\''ellpointing is generally most effective within depths of about 15 feet below the top of the wellpoint. If deeper dewatering is required,deep wells or eductors may be considered. The dewatering system should be in operation for at least several days prior to excavating to the design depth.We recommend that the groundwater head be lowered at least 3 feet below the bottom of the excavation to provide a stable working area. The dewatering should continue until construction has been completed. The dewatering system should also be turned off in stages to allow groundwater to recover to its original level gradually, over a period of about 3 to 5 days. 16-Inch Water Line—State Highway 35 Page 10 of 16 Between F.M.518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 The control of groundwater should be accomplished in a manner that will preserve the strength of the soils,will not cause instability of the excavation,and will not result in damage to existing structures. Open pumping should not be permitted if it results in boils, loss of fines, softening of the subgrade, or excavation instability. Wellpoints, deep wells, and eductors should be installed with suitable screen and filter so that pumping of fines does not occur. Dewatering of loose to medium dense sands may cause the subsidence of adjacent soils and structures. Thus, we recommend that dewatering operations be performed with great care to ensure that subsidence resulting from dewatering is avoided. As mentioned previously, excavations that extend into the water bearing silty sand soils are likely to require advanced dewatering. For planning purposes, advanced dewatering should be provided at the locations outlined below. Potential Dewatering Locations Approximate Description Nearest Boring Station No. 1+75 Connection to the existing water line B-1 7+70 Bore Pits for 20"Steel Casing/8"DIP B-2 14+40 to 15+70 Bore Pits for 16"Steel Casing/8"DIP 13-4 32+80 Bore Pits for 16"Steel Casing/8"DIP B-7 33+70 to 34+30 Bore Pits for 24"Steel Casing/16"DIP 13-7 39+70 Bore Pits for 16"Steel Casing/8"DIP B-8 51+35 Bore Pits for 16"Steel Casing/8"DIP B-11 65+40 Bore Pits for 16"Steel Casing/8"DIP B-13 and 13-14 • DIP=Ductile Iron Pipe We recommend that test pits be excavated to the planned trench/pit depth just prior to construction to verify the need for dewatering as well as to determine the best method of groundwater management. 5.6 Uplift Pressures on Embedded Structures We understand that two sanitary sewer manholes (MI-I-1S and MH-2S) are planned to be installed as part of this project. Uplift forces on embedded structures, such as the sanitary sewer manholes, are caused by a difference in the water level in the soils adjacent to the 16-Inch Water Line—State Highway 35 Page 11 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 structure and inside the structure. If the backfill around the embedded structure is silty/sandy material, the backfill will likely approach saturation during periods of heavy rainfall and the effective static water level will be at the surface. The uplift pressures will be resisted by adhesion or skin friction of the soil to the wall and by the dead weight of the structure. The value of allowable skin friction for an engineered clay fill compacted to a minimum of 95 percent of the maximum dry density as determined by the Standard Proctor (AST1 l 1) 698) may be considered to be about 300 psf. We recommend that the upper 4 feet of skin friction be neglected for a clay backfill due to the potential for soil shrinkage away from the structure. Sand backfill,compacted to 70 percent of the maximum relative density may be considered to have a value for allowable skin friction of zero at the surface varying linearly to 115 psf at a depth of 15 feet below existing grade. Another method that can be used to resist uplift forces includes placing a heel extending out from the foundation slab into the backfill and relying on the weight of the soil above the heel on a 4V: lI-I slope). The unit weight of soil above and below the water table for a properly compacted backfill should he taken as 125 and 65 pounds per cubic feet (pcf), respectively. The preparation of the upper 3 feet of soil immediately above the heel is critical to reduce the possibility of an upward bearing failure. The entire thickness of fill should be properly compacted as described previously. If the manholes are installed by excavating from the inside and allowing the structure to sink under its own weight, the soil contact will likely he very low immediately after construction due to the annulus created during construction. In this case, the uplift pressure must be resisted by the dead weight of the structure or by restoring the contact between the soil and the structure. Grouting would be one means to restore the contact between the soil and structure. If the annulus is properly grouted, a nominal allowable skin friction of about 100 psf may be used to compute uplift resistance. 5.7 Lateral Earth Pressures Soil around an embedded structures will impose active to at-rest earth pressures against the embedded structures. Design lateral earth pressures imposed by compacted fill may be computed using an equivalent fluid weighing 90 pcf for clean sand backfill and 110 pcf for clayey backfill soils. These pressures include hydrostatic pressures but do not include surcharge forces imposed by construction or vehicular loading. The lateral pressure produced by surcharge may be computed as 50 percent of the vertical surcharge pressure applied as a constant pressure over the full depth of the buried structure. To help reduce the infiltration of surface water into the sand backfill,we recommend that a minimum 18-inch thick compacted clay seal be placed at the top of the sand backfill. 16-Inch Water Line—State Highway 35 Page 12 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 5.8 Utility Bedding and Backfill The bedding and backfill for the proposed water line should conform to the City of Pearland Standard Details (Sheet 1,Details 1 and 4) for Water as shown below. RE+`Jr0RCEO CONCRETE MIN. MN. 1 1/2'TYPE 0 ON-SITE SOIL Emma TO RE THICKNESS b' 1401-UbX ASNIALTIC CONC. EINiSItEO GRADE COMPACTED W 6 1AYEA5 k COMPACTED TO 90% MAX. DRY 3/4'EXPANSION JO•"HT - N 0 1Y• YASPtt?U PA�.AG DENSLY ASOUN9 Ail SAN-CUT C/C. E.TY, EDGES 13' ti lllllE2 IT 24 1.— BASE 6 74'UTl BASE REPLACEMENT — I- SNAIL DE CRUSHED ON-SITE 5OL BACK TILL 10 DE /. LIMESTONE AUrtalUll b. PIACED IN 6'LAYERS& COMPACTED TO 95% MAX. DRY PIPE SAND COMPACTED 10 — I DENSITY / L -PARK SAND BACKER" 95%MAX. DRY DENSITY -.. dI -1 DCOUPACEE aY DENSIO Er TO 95%AUX. L 101 TYP. --� 1,5 SACK CEMENT STABILIZED - lZ' I SAND BABKTILL COMPACTED TO 95%MAX,DRY DENSITY WITH M=N, 100 PSI COMPRRESSNE STRENGTH Typical Trench Section Typical Trench Section (Graded Area) (Paved Area) In addition, the bedding and backfill for the proposed sanitary sewer pipe and manholes should conform to the City of Pearland Standard Details (Sheets 1 and 3) for Sanitary. The type of fill placed above the utility bedding will depend on whether the surface above the utility line is paved or unpaved. If the surface is outside of the pavement areas, then the backfill may consist of the excavated, on-site soils provided they are free of debris and organics. The excavated on-site soils should be placed in loose lifts not exceeding 8-inches, moisture conditioned to within 2 percent of the optimum moisture content, and compacted to at least 95 percent of the Standard Proctor(ASTM D 698). Within pavement areas or within 3 horizontal feet of the pavement, the backfill should consist of cement stabilized sand to within 12 inches of the top of the subgrade compacted to at least 95 percent of the Standard Proctor (ASTM D 558). Excavated on-site soils compacted to at least 95 percent of the Standard Proctor (ASTM D 698) should be placed above the cement stabilized sand. 16-Inch Water Line—State Highway 35 Page 13 of 16 Between P.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 5.9 Trenchless Considerations As mentioned previously, trenchless construction is planned along the water line alignment at the following locations: Size Approx.Station Crosses Length(feet) 12"Lead 7+70 S.H.35 80 16" 14+40 to 15+70 East Walnut Street 130 8"Lead 32+80 S.H.35 80 16" 33+70 to 34+30 I-Iampshire Street 64 8"Lead 39+70 S.H.35 95 16" 46+50 to 47+00 Swensen Road 55 8"Lead 51+35 S.H.35 95 8"Lead 65+40 S.H.35 95 16" 70+10 to 71+25 John Lizer Road _ 115 For this project, we anticipate Horizontal Auger Boring (HAB) methods will be used to install the water line at the trenchless locations above. This method involves simultaneously jacking steel casing through the earth while removing the spoil from inside the casing with a rotating flight auger. After the spoil is removed from inside the casing,a pipe is installed and the annular space is filled with grout. Ln general, pipes should be designed to resist significant bending moments, along with the jacking forces exerted on the pipe during installation. In addition, allowances should be made for any external loads, other than soil loads, that may be exerted on the pipe. These include traffic loads,loads from adjacent foundations, and any possible future excavation to be performed near the pipe. Much of the stability of the water line is due to the presence of relatively uniform stress conditions in the soil around the pipe. Relief of the earth loads on one side of the pipe clue to subsequent adjacent excavation could cause an overstress of the pipe. Access shafts, bore pits, and manhole excavations should be shored or laid back to a stable slope to provide safety for workers and adjacent structures. The bracing and sheeting should be designed using the parameters presented in the "5.4 Excavations (Open-Cut and Bore Pit)"section of this report. As mentioned previously, groundwater should be anticipated for bore pit excavations that extend into the water bearing silty sand soils. Recommendations for advanced dewatering are presented in the"5.5 Temporary Groundwater Control"section of this report. • 16-Inch Water Line—State Highway 35 Page 14 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 Recommended engineering design parameters for the soils observed in the borings are outlined in the tables below. Soil Design Parameters(Clayey Soils) Soil Property Recommended Design Parameter Moist Unit Weight(pcf) 125 Submerged Unit Weight(pcf) 65 At-Rest Coefficient of Earth Pressure,K° 0.7 Active Coefficient of Earth Pressure,Kl 0.55 Undrained Shear Strength(psf) 1,200 Poisson's Ratio 0.3 to 0.4 Young's Modulus (ksf) 350 Soil Design Parameters(Silty/Sandy Soils) Soil Property Recommended Design Parameter I Moist Unit Weight(pcf) 115 Submerged Unit Weight(pcf) 53 At-Rest Coefficient of Earth Pressure,K,1 0.50 Active Coefficient of Earth Pressure,K, 0.33 Angle of Internal Friction(deg) 30 Poisson's Ratio 0.2 to 0.35 Young's Modulus (ksf) 125 6.0 BASIS FOR RECOMMENDATIONS The recommendations provided in this report are based on project information provided to us and only apply to the specific project and site discussed in this report. If the project information in this report contains incorrect information or if additional information is available,we should be contacted to review and/or revise our recommendations. Regardless of the thoroughness of a geotechnical exploration, there is always a possibility that conditions between borings will be different from those at specific boring locations and that conditions will not be as anticipated by the designers or contractors. In addition, the construction process may itself alter soil conditions. Therefore, experienced QCL geotechnical personnel should observe and document the construction procedures used and 16-Inch Water Line—State Highway 35 Page 15 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 the conditions encountered. Unanticipated conditions and inadequate procedures should be reported to the design team in a timely manner in order to solve the problems created. We will be happy to discuss our recommendations with you and are prepared to provide any additional studies or services to complete this project. 7.0 OBSERVATION DURING CONSTRUCTION The recommendations are based on the subsoil data in the field exploration and laboratory testing. Due to the geological deposition of the soils in the area, variances may occur between boring locations. Therefore, the installation of foundation elements should be observed under the supervision of a QCL geotechnical engineer to confirm that the soils are similar to those observed during our field exploration. The QCL geotechnical engineer should be immediately notified should any subsoil conditions be uncovered that will alter the conclusions and recommendations contained in this report. Further investigation and supplemental recommendations may be required if such a condition is encountered. 7.1 Construction Materials Testing The recommendations provided in this geotechnical report were based on the assumption that QCL would be employed to monitor the installation of the planned structures. It may be occasionally required that QCL provide addendums to the original geotechnical recommendations based on the CAM observations or CMT test results which uncover site conditions that were not known when the geotechnical report as originally issued. New or changed site information, which is not properly communicated to the Geotechnical Engineer of Record,may result in a foundation that does not perform as originally intended. 8.0 DISCLAIMER The recommendations provided in this report are based on the site-specific field and laboratory test data, our engineering analysis, information provided to us by our client and the design team, and our previous experience on similar projects in the locality. Interaction of the soil with the foundation system termed as soil-structure interaction most likely will affect the performance of the foundation system and the superstructure it supports. • 16-Inch Water Line—State Highway 35 Page 16 of 16 Between F.M. 518 and Magnolia Road September 23,2013 Pearland,Texas QCL: 13G9887 Recommendations presented in this report are collectively intended for use in the design and construction of the structures at this site. If the recommendations presented in this report are not followed properly, then it is very likely for foundation elements to move in excess of the acceptable service-state limits. If our recommendations arc not clear or if the designers and contractors need more clarification(s), they are encouraged to contact us during the design and construction process. QCI. has developed the recommendations contained in this report based on an understanding that QCL personnel will be retained to review construction specifications and drawings for compliance with our geotechnical recommendations. Therefore, it is recommended that QCL be retained to review the construction specifications for foundations and related structural elements to identify areas of conflict, if any, between the geotechnical recommendations and the final foundation design and construction specifications. During the course of using the recommendations in our report, person or the entity,who has ordered services for self, agent of others or builder for third party beneficiary from QCL acknowledges that the terms and conditions of services of QCL have been agreed, negotiated and explained to owner and/or the ultimate beneficiary of the work performed or ordered. Terms and conditions of QCL services are published in our website www.qclabs.com or contact us at(713) 695-1133,and a copy will be fixed to our client and the design team. Appendix if 0 ,... Jone5 lark (1) loustort I ollway(Toll road) ,---8--, suutll-fiAni Howtot)MAI I stint Hoiisto. t.,..._.) w. ,.:. Li franc() ..,. it (4,.... % . t u r., Lee Park m. 't a (is) 11' VI 11111 Nt.`%rihc's fill McVottil 101 z_ I :1 1 i3 !-? Lic, ,/, :i. c0 Pe811111111 , Isla] (I, 1st a 1 ,itit SI SITE r ' , * 1 ...._ 111 kr, 4, ts5 e- 6 t■rid r4-5--61 :,.. ..5., :,„.._ . ..;,,,,, •■i, '-1,1 '',1,:,..,s., ' it Genteriniril 3,, kr cleperufer we . Ma'Wv/in St 13a51 Par k Park .Itutl' - El 11431 . Ilij Pim] .1. 0 .r. 5.--- s•-- , Fil -.;., I loi I ,■'C, CI. •"s' roil Briley Avv clitilvy lid 7 1, 1.1), F:. ■•■ -. VICINITY MAP PROJECT: 16-Inch Water Line-State Highway 35 Project No.: 13G9887 Between FM 518 and Magnolia Road Pearland,Texas LABORATORIES, INC. Engineering and Testing Services Plate 1 ---,I ? ..........„, -;\ ,. 771- itT 77. 4 * . III 17771'77 III I ■ 77 .744o . /,. .e. 0.1 ,•• • 14% I I ' ------ IN Hi ! I ! ! i ! ! ! /' II li ! ! ! I I ! Ihiii ■ H •I ' '. •-•-• •A•t. I III 111 II ii , $ $ $ ■ I 11111 t 1 I 1 11414 I It . I--Fr- , ■ ..rf'' li a 1 1 1 j 11.1 11 111.t1LII ! H lit] I i 1 1,IIIILILIL : ,-` : ----7--- 0' • I 1 1 i-1 r I-1 1-r-i-i-r-t-r-r-i- 1 1-1-r;--1-1 --- iIIIIIIIIIiiiIIIII , IIIIII 11 IIIHTITI:-! .*Q-k. I I „_....„.....) -_,__ ::,7:•,_,....) ;_..;,; .1.; ;4,4.i,' . i 1 ; 1 ; ; ; I.; ;,; : t '-'.-I t _ ..: 2.1' • '' 2'-#?,. ,..,...i„......---;,,Vgi'11 1 t 3 8. 1 I 1 I it 1 ,1 I I I 1 i II ....."`r , . , / / 4.4 f•1.1 el,le ol..........,". .!.. .. __13..___!..__1. _..i.; ._...._____...p_____1.-.s..._II_.... .1____ ...___.:........._.3.____1•T___i___LT____--- 1 :. 4 . ' - ' ' •-•• ..... r4 4.1 it ...k , . . 41 .,.,.. n 1 ' PLAN OF BORINGS PROJECT: 16-Inch Water Line-State Highway 35 Project No.: 13G9887 Between FM 518 and Magnolia Road Pearland,Texas %LABORATORIES g INC. Engineering and Testing Services Plate 2 ...'.., • , ,,,, .. ' . , . . , 1 •:-,•,, B-9r-I),.... ' B-10 ' ' '''. :. . 9.11, --77,,,,..1._ B-127 r , , 1 .-60iilliii-iill ' r '' = •• • '' -4-, A ''s_____1-.,,,-.:.(,.iL-L,,,,,.-, _f_i__--__;;,,,,, 4 • ...7-_-_,—,-..-7.77.3. _ :_ — — . _ .ti c 12—"p—-t-• '."p--•r—-r=.--•t.- --p--mr-L—"p--Li' 1,;r.L—tp.---42-1r--11- 4-. Lp—Lt:L---L 4,--1 X - -__ •-;- ,7,.1___,Lri_.,__, .-: , . ",-ii i A . . , , • i, • „ • . . . 1., . / i ."-X-7;'---- • 8 . !.4____,!,.. !.4.1..._L1:-...- !„: -'11-l'r-•--:.1'JL-.M.-::.U.---:::. ,.V--.:..r...:---Z.t ., . --,---,,C'i,----,-.,;.2"-±ti--% /`'.•-;--.- -,*-`, Lit '.. • A 1 . • PLAN OF BORINGS PROJECT: 16-Inch Water Line-State Highway 35 Project No.: 13G9887 Between FM 518 and Magnolia Road Pearland,Texas %LABORATORIES, INC. Engineering and Testing Services Plate 2A 1 LOG OF BORING NO. B-1 Sheet 1 of 1 PROJECT: 16-Inch Water Line-State Highway 35 -':;,::','`,.,111 Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas --- Geotechnical& Materials Engineers OCL NO.: 13G9887 DATE DRILLED: 7-16-13 ATTERBERG _ s m LIMITS(%) o - S — IV x c� m z -J w oc c = I- w z 5 j a a co DESCRIPTION e L . v aF� r- 3 ? ">' po ,a a- W tEl N FK > 5 ��Z n U U Wo Z, Z _, 1- A2 - 7 1- - i N ER, O g. LL W , n n ° 7SURFACE ELEVATION: Existing Grade is ai n ZU a a a U 0 0F.i o 0 rl FILL:LEAN CLAY fCL N;;,1 dark gray,light brown,and reddish brown, 1,5 102 21 2.2 8 0 v,11 with grave!at the surface 7 LEAN CLAY w/SAND(CLt %/, hard,dark gray 4.5+ 9 37 12 25 77 FAT CLAY(CHI 5 t stiff,dark gray 3,0 105 19 1.5 6 n LEAN CLAY(CLE firm to stiff,brown,gray,and dark gray, 3.5 107 19 1.7 9 0 with sand seams -reddish brown and gray below 8 feet 2.75 106 21 30 15 15 0.7 6 0 SANDY SILT(MLI : loose to medium dense,reddish brown 1.25 24 71 :;;F; SILTY SAND(Sl f loose,reddish brown pp 4 24 37 15 '-i- - Boring Terminated at 15 feet 20- 25- 30- WATER OBSERVATIONS: NOTES: SZ 12.5'While Drilling 2 Dry augered to 15 feet. t 8.5' After waiting 15 minutes _t? Plate 3 LOG OF BORING NO. B-2 Sheet 1 of 1 PROJECT: 16-Inch Water Line-State Highway 35 e 4 Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas Geotechnical& Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-16-13 ATTERBERG LIMITS(%)( ZO JO W K = F W u2 z. 7 o DESCRIPTION 0� Z W g j c W ig fh M g U U z D~ N N UN Oo a a ¢ a 5 wd (2)o oa SURFACE ELEVATION: Existing Grade W H zU 7. a a az no co 0o. o _ �s. SANDIGRAVEL Approx.5 inches LEAN CLAY(CL} 2.0 stiff to very stiff,brown and gray — — -gray below 2 feet 3.0 13 31 11 20 5 2.25 115 17 1A 14 0 A CLAYEY SAND(SC 7. 0 loose to medium dense,gray and brown 1.5 111 20 25 18 7 48 0.7 7 0 0.75 110 20 0.6 7 0 1 - 10 lr, —-- SILTY SAND(SM), �7 l; ; loose to medium dense,reddish brown .; e and gray 1 10 23 35 fff _ .o• -reddish brown below 13 feet s.--- 15 r ' Boring Terminated at 15 feet 20- 25- 30- I WATER OBSERVATIONS: NOTES: .2 11' While Drilling 2 Dry angered to 15 feet. Z 8' After Drilling Plate 4 LOG OF BORING NO, B-3 Sheet 1 of 1 PROJECT: 16-Inch Water Line-State Highway 35 e A:„ Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas Geotechnicat& Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-16-43 ATTERBERG _ W LIMITS(%) a Z C - N R T W Z j ~ 0 DESCRIPTION a w w p,e I_ a m oo_ a N W 0 N N o 7 "� a , F Wo Z� 2 ZI f6 SURFACE ELEVATION: Existing Grade QW a d K o ZU 4 R 0.Z 7U 0. U. O 0 • AY(CH firm FAT to CL stiff,dark gray 2.0 0_/ 1.75 23 66 16 50 -gray and yellowish brown below 4 feet 5 1.75 99 24 1.6 15 0 -with calcareous nodules 6 to 8 feet 2.0 106 25 62 11 51 1.8 14 0 2.a 96 27 0.8 10 0 10 y 4' CLAYEY SAND{SCj — — loose to medium dense,gray 2.75 34 11 23 34 ffi SAND w/SILT(SP-SMI loose,reddish brown :°:°:° 4 22 10 15— Boring Terminated at 15 feet 20- 25- G 30- WATER OBSERVATIONS: NOTES: SZ 12.5'While Drilling 2 Dry angered to 15 feet. 1 7.5' After waiting 15 minutes T. Plate 5 LOG OF BORING NO. B-4 Sheet 1 of 1 PROJECT: 16-Inch Water Line-State Highway 35 Between FM 518 and Magnolia Road ", LABORATORIES, INC. Pearland,Texas - _, Geotechnical & Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-16-13 ATTERSERG � LIMITS(%) w z ■ - y c F- , 2 N DESCRIPTION 1 G, ui W ti t - 0 n' @,o LL z P.LT W OW Z Z K. O --- F Wp za z F. F- Zit ¢o a g g ii V i of i SURFACE ELEVATION: Existing Grade =a N 0 Zo zi a a 1Z DU co OM o 0 �.'r i..._-FILL:SANDY LEAN CLAY(CL1.-.._.__.____............._. ......----___......-..__.......-.--._-- � . ;,,,, brown,light brown,dark gray,and light 4.5 `s N` gray 9 FAT CLAY(CHI stiff to hard,dark gray 4.5+ 15 54 12 42 -gray and yellowish brown below 4 feet 5 2.0 2.25 109 22 52 12 40 1.3 11 0 I 1/4 3.75 106 18 2.1 11 0 - 10 " LEAN CLAY(CLl firm,gray,and yellowish brown 1.7s 104 22 32 13 19 0.9 8 0 ,... . SILTY SAND(SIN} reddish brown,with clay pockets-.;�; ; � Y P 0.25 28 V 15 'i. . Boring Terminated at 15 feet 20- 25- I 30- WATER OBSERVATIONS: NOTES: Q 15' While Drilling 2 Dry augered to 15 feet. T. 9' After Drilling Plate 6 LOG OF BORING NO. B-5 Sheet 1 of 1 PROJECT: 16-Inch Water Line-State Highway 35 Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas - - - ',Geotechnical& Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-16-13 ATTERBERG LlM TS(%) c n w W DESCRIPTION a j W o, F L. z <� Wo n r LA y o 4W o �o� z Zee, ffi SURFACE ELEVATION: Existing Grade 10. ° 4 ceZ 58 1.7, 86 o 0 v` FILL:SILTY SAND(SMI , brown and gray,with scattered gravel and shell pieces / LEAN CLAY(CL1 very stiff,dark gray 3.5 15 47 11 36 FAT CLAY(CH1 —5 very stiff,dark gray and brown 15 111 17 23 15 0 ;LEAN CLAY(CLl stiff,gray and yellowish brown 2,5 103 20 42 12 30 1.3 15 0 V /, CLAYEY SAND(SCE loose,gray and brown , 4 46 0 •a: : SILTY SAND(SM) - loose to medium dense,gray 5 19 11 22 15 Boring Terminated at 15 feet 20- 25 30- WATER OBSERVATIONS: NOTES: V 10.5'While Drilling 2 Dry augered to 15 feet. . 7.5' After Drilling Plate 7 LOG OF BORING NO. B-6 Sheet 1 of 1 QC PROJECT:16-Inch Water Line-State Highway 35 Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas 0eotechnicai& Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-16-13 ATTERBERG g LIMITS(%) ; c. e x _ a K W �C C7 3 O O W K a = F 6 ? j ,a� 0gg° DESCRIPTION 0- L w w o.- t ? ¢ ' no a 4 ,- -W+ as N Vi O. Q H z" } FZ_ Z uu-�S 1- 1J W N W .E g � O F FF W°o U. Z Z(N� fL UN O LLN W aW n ao o wd zo oir p. SURFACE ELEVATION: Existing Grade xa en a zo a n az mo en on o 0 LEAN CLAY(CO -,/ stiff to very stiff,dark gray 2 25 / -with calcareous nodules below 2 feet ' 3.25 15 -gray,yellowish brown,and brown III 5-' below4 feet 3.0 121 15 1.6 0 �rCLAYEY SAND(SCE � medium dense,gray and brown 3.75 110 16 1.0 0 SILTY SAND(SMI ■. • loose to medium dense,brown 22 IFL - 15i 0 Boring Terminated at 15 feet 20- 25- 30- WATER OBSERVATIONS: NOTES: V 11.5'While Drilling 2 Dry augered to 15 feet. 1 9' After waiting 15 minutes V Plate 8 LOG OF BORING NO. B-7 Sheet 1 of 1 PROJECT: 16-Inch Water Line-State Highway 35 Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas Geotechnical& Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-16-13 ATTERBERG LIMITS(%) a = _, 0 Z ' a q DESCRIPTION �a W o� l V 2W oo a .n W O N 0 K a 2 si U U ii-05 ZL. Z Zre W 2 7 S- H Wo 0 w SURFACE ELEVATION: Existing Grade as n zO g 3 g �Z 8 $4a1 0 0 ,i∎ I FILL:LEAN CLAY(CLI s`. brown and dark gray,with calcareous _i`r nodules,scattered shell pieces,and sand y pockets SANDY LEAN CLAY(CL) 4.5+ 7 27 15 12 64 (./ hard,dark gray • 5 4 4.5+ 113 9 70 7.0 2 0 0 LEAN CLAY(CLI very stiff,gray,yellowish brown,and dark ....-. . 118 15 3.5 9 0 gray CLAYEY SAND(SCI — -- — loose to medium dense,gray and brown ,a' �g y 1.5 100 21 34 13 21 0.5 6 0 1 10 4``F"`' .: :.: SILTY SAND(SMI —— -- — — — - loose,brown and reddish brown / 5 7 14 15 " Boring Terminated at 15 feet 20- 25- _ I 30- WATER OBSERVATIONS: NOTES: Q 13' While Drilling 2 Dry augered to 15 feet. Y. 10' Wet Cave-In T Plate 9 LOG OF BORING NO. B-8 Sheet 1 of 1 PROJECT: 16-Inch Water Line-State Highway 35 — I '1'..--::: Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas •- Geotechnical & Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-30-13 ATTERBERG LIMITS(%) e Ce.. Y3 i-- 0 c W z C - W a _ z n o r 0 w W U N � Z J a a m DESCRIPTION .. W or 1= ? W 0 LL a F W 0, y ¢ N F yy ' L 2� W O - 0 U ' �J Q sJw 2 U zz N 4 z } 5 N UN g LA W g WO 20 �- 8ff. fx- St1RFACE ELEVATION: Existing Grade la � o zv E a a az �o v� ou. o 0 `;31-1 FILL:LEAN CLAY wl SAND(CL) •y;, brown and dark gray ii v t- I ri 13 12 37 18 19 78 /// LEAN CLAY(CL) very stiff to hard,dark gray,with 4.5+ calcareous nodules y -gray and yellowish brown below 4 feet 5- 4.5+ 113 16 3.9 15 0 - P' FAT CLAY(CH! very stiff,gray,yellowish brown,and 3.5 113 15 3.3 9 0 reddish brown,with calcareous nodules LEAN CLAY w/SAND(CLI Astiff,reddish brown and light gray,with 2.75 110 18 38 16 22 79 1.4 7 0 calcareous nodules - 10 y SANDY LEAN CLAY(CLl — — — _ -- -- stiff,reddish brown and light gray,with 1.75 34 17 17 63 calcareous nodules � i'1 • SILTY SAND(SM) <. ; loose,reddish brown i5 : 1. 7 is.: . : : : -dense below 18 feet I ---------._._r 20 ' 38 22 12 S� AY 25 // verFAT y CL stiff,reddish(CHI brown fl z7 Boring Terminated at 25 feet 30- i WATER OBSERVATIONS: NOTES: V. 15' While Drilling 2 Dry augered 0 to 15 feet;wet rotary thereafter. T. 11.5'Wet Cave-In l7 Plate 10 LOG OF BORING NO. B-9 Sheet 1 of 2 PROJECT: 16-Inch Water Line-State Highway 35 Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas ---- Geotechnlcal& Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-30-13 ATTERBERG - LIMITS(%) ae o o w a n z 6 z ?a a DESCRIPTION W CO 5 - tQW ao s p (7 3 ,,g.{{� 2 j F- -_ 2N ILL- U'W wN W K ~ G� J U_ a Zy LLLLI aQ K ]- 2z >- lIFYYZ 7 ~ y tt, U2 w 2N S SURFACE ELEVATION: Existing Grade Zit n_ o z°u ° a it �3 0a o 1.14 , FILL:LEAN CLAY(CLI brown and gray,with sand pockets and scattered shell pieces 3.5 -with crushed stone at the surface ------------ ------__- . rc 3.0 FAT CLAY(CH) stiff to very stiff,gray,dark gray,and 175 26 72 23 as yellowish brown,with calcareous nodules 5 2.5 103 22 2.1 15 0 1.24 101 26 1.1 15 0 .......... 1.75 100 24 66 21 45 1.4 15 0 10 2.25 -reddish brown and light gray,with slickensides and calcareous nodules 2.25 95 28 1,1 3 0 below 13 feet SILTY SAND(SM1 medium dense to dense,brown C7 rt 18 25 20 20-:. • • • . 34 -with gravel below 28 feet '•�• 24 22 13 - 30- • •• Continued Next Page WATER OBSERVATIONS: NOTES: L 19' While Drilling 2 Dry augered 0 to 20 feet;wet rotary thereafter. 13' After waiting 15 minutes V Plate 11 LOG OF BORING NO. B-9 Cont'd Sheet 2 of 2 PROJECT: 16-Inch Water Line-Stale Highway 35 Between FM 518 and Magnolia Road Y . LABORATORIES, INC. Pearland,Texas --- ,Geotechnical& Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-30-13 ATTERBERG c to - LIMITS(%) W z co �rur : p_ 0 z 8 n >a ~ I, DESCRIPTION °J- ri w w o.� h }}3 111 oo a n N J 0 N O S sv =1 I--U) ZN ~ ZpWC W W }97-C > z 0 - 2 W p Z R' Z ? 65 Zz z y i--Z - UN Oa u. W 30 • =a a o 58 9 a 2 a5z ES . Sg o .•I:.:: SILTY SAND(SMI 'X': medium dense to dense,brown FAT CLAY(CHI - stiff to very stiff,brown and gray,with slickensides 3.5 99 26 72 22 50 t6 2 0 35-e° _ -- -reddish brown and light gray - below 38 feet i 3.5 40 — - 3.5 21 75 21 54 100 45 4.5 108 20 3.0 7 0 - 50-"ma1 ' _. Boring Terminated at 50 feet 55- I - 60- WATER OBSERVATIONS: NOTES: SZ 19' While Drilling 2 Dry augered 0 to 20 feet;wet rotary thereafter. 1 13' After waiting 15 minutes V Plate 11 • • LOG OF BORING NO. B-10 Sheet 1 of 2 PROJECT: 16-Inch Water Line-State Highway 35 ':-.'''' ', Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas Geotechnical& Materials Engineers QCL NO.: 13G9887 DATE DRILLED; 7-30-13 I ATTERBERG C LIMITS(%)x w Z o N �K�Uu A S W Z =� 7 I= w y DESCRIPTION g lu j W oe ,- ? `aw ei oVi LL 5 F ,j O N N O 2 H _Q1 $ 7 0 1-N Z F _ w 51 W OL Z 7 ,- O N N 0S Oa V) W g Zii 18 n a a a 2 �v 8 Ua o 0 SURFACE ELEVATION: Existing Grade la �, o ,, ,., FILL:SANDY LEAN CLAY(CL) ,,`',., dark gray and brown,with sand pockets 10 39 17 22 � ! and scattered gravel rt I i T- 12 r N, FAT CLAY(CH} 5 stiff to very stiff,gray 1.75 103 19 1.0 15 0 -gray,dark gray,and brown 6 to 8 feet 2.0 101 24 63 15 48 1.7 15 0 -gray and yellowish brown,with calcareous nodules below 8 feet 3.5 110 19 2.2 15 0 4.5 ", . SANDY LEAN CLAY(CL) —._.._.__....._' — — — firm,gray and brown 0.75 107 21 38 17 21 58 0.6 9 0 15 l' .:.: : SILTY SAND(SM) • medium dense to dense,reddish brown .4 U 16 20 21 20 :E • '.h f 30 25...:1•. . 1 15 17 15 - 30-1.`.: ' Continued Next Page WATER OBSERVATIONS: NOTES: V 15' While Drilling 2 Dry augered 0 to 15 feet;wet rotary thereafter. 3IC 10.5'After waiting 15 minutes Plate 12 LOG OF BORING NO. B-10 Cont'd Sheet 2 of 2 PROJECT: 16-Inch Water Line-State Highway 35 Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas ''.Geotechnical& Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-30-13 ATTERBERG c c ,, W LIMITS(%) o b c o = o J 04 a fa 0 0 z r� a y DESCRIPTION a g 3 3 5° g k 3 r> 0VV9. 1 c1 r W V) O�y < Jy J - dyo z' LT ¢a -D l- Ok, Z } <<.~ - .J Uo Oa 4' U. W Qza t' K Z§ d a a Tg H ft' O Sa ai ❑ 30 i.°:•,' SILTY SAND(SM) •_1:.:•:• medium dense to dense,reddish brown L.F• . _ FAT CLAY(CHI.. very stiff,gray and brown,with slickensides 3.75 101 24 87 19 48 2.5 5 0 35 -reddish brown and light gray below 38 feel 1 4.25 4.5 105 21 60 20 40 2.9 3 0 45 -1/°: 4.5 111 21 2.0 1 0 - 50 ')1 Boring Terminated at 50 feet 55- _ 60- WATER OBSERVATIONS: NOTES: V 15' While Drilling 2 Dry augered 0 to 15 feet;wet rotary thereafter. Y. 10.5'After waiting 15 minutes 1 Plate 12 I LOG OF BORING NO. B-11 Sheet 1 of 1 PROJECT: 16-Inch Water Line-State Highway 35 ei ,it, Between FM 518 and Magnolia Road LABORATORIES INC. Pearland,Texas =Geotechnlcal & Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-16-13 ATTERHERG C 5 w LIMITS(%) a o x o " rc ° _ i5 0 i w g F- o N DESCRIPTION a 3{{°---- f fi -- @N LL n h w 1 K Q _Q U U_ 6,9 N tLL W Q 2',N2 Fw- oW 2 jF O N ~ U Oa 2 LLN W SURFACE ELEVATION: Existing Grade .a o ,° ° Q . a, 70 0 0a o 0 './,,r. FILL: FAT CLAY(CH) •y dark gray,with calcareous nodules 4.5+ 19 66 18 48 4r r, FAT CLAY(CH) Or firm to very stiff,dark gray 30 5 3A 100 24 53 15 38 2.2 9 0 -gray an reddish brown,with calcareous nodules 6 to 8 feet 2.5 101 24 1.8 9 0 -reddish brown and light gray,with silt pockets below 8 feet 1.5 105 20 0.9 10 0 10 LEAN CLAY(CLI — / stiff,reddish brown and light gray,with 1.o 24 31 15 16 91 calcareous nodules SILTY SAND OM), medium dense,reddish brown ° 26 22 16 - 15 ' Boring Terminated at 15 feet 20 25 If 30 WATER OBSERVATIONS: NOTES: 2 13' While Drilling 2 Dry augered to 15 feet. 1 12.5'Wet Cave-In .V Plate 13 LOG OF BORING NO. B-12 Sheet 1 of 1 PROJECT:16-Inch Water Line-State Highway 35 es it, ,,,,i1.,;,.:.:, Between FM 518 and Magnolia Road LABORATORIES, INC. Between Texas - =Geotechnical& Materials Engineers QCL NO.: 13G9887 DATE DRILLED: 7-16-13 ATTERBERG LIMITS(%) a P] n w W Z = o a W a i 1.- 6 0 n j a a m DESCRIPTION a w 0 p-- 1.§ ? w an ¢ & i] N o 3 F 2'1- 1- I.-- Z2 F W t Z c�w v� w O } gO j m >- UN 6Z Z LLN K Vl W SURFACE ELEVATION: Existing Grade is N o $$ g a 3 iZ ''8 E 8a o 0 ;',`,.c FILL:FAT CLAY(CHI ;,, dark gray,with calcareous nodules c 4.5 -1 1,i FAT CLAY(CHI — _... stiff to very stiff,dark gray an 21 72 16 56 -gray and yellowish brown 4 to 6 feet 5 1.0 92 27 1.0 6 0 4 -brown,gray,and yellowish brown ------ below 6 feet 2.0 96 30 55 17 38 1.0 10 0 LEAN CLAY(CL1 —_..._.._.__--...._.._- 1.25 i0 V firm,reddish brown and gray,with calcareous nodules / 0.75 99 27 39 14 25 93 0.7 15 0 �.t LEAN CLAY w/SAND(CLj - -- ------ stiff,reddish brown 1.75 74 15 Boring Terminated at 15 feet 20- 25 30 WATER OBSERVATIONS: No free water observed during drilling NOTES: YL 2 Dry angered to 15 feet. 1 Y Plate 14 LOG__ OF BORING NO. B-13 Sheet 1 of 1 ^— _ PROJECT:16-Inch Water Line-State Highway 35 it4 Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas = Geotechnical 8. Materials Engineers I QCL NO.: 13G9887 DATE DRILLED: 7-16-13 ATTERBERG LIMITS(%) ;e o n wove a = p 6 z t o ; DESCRIPTION < w o, t c"y a caw N w og z 4aL 3o H a wg za z zy (� SURFACE ELEVATION: Existing Grade a N E z8 ° a a az �� 8K t,r FILL:FAT CLAY(CHI _-- -V;,, brown,dark gray,and reddish brown,with 4.5+ 19 62 13 49 calcareous nodules and sand pockets FAT CLAY(CH1 stiff to hard,dark gray 45+ 5 1.0 102 21 65 14 51 2.0 15 0 -gray,brown,and yellowish brown --- 6 to 8 feet 2.0 106 22 1.8 6 0 -gray and brown 8 to 10 feet 2.25 102 24 1.7 15 0 10� - -very soft,gray,with sand pockets below 10 feet 025 SILTY SAND(SM1 .;• •;• very loose,reddish brown 3 15 i Boring Terminated at 15 feet 20- _ I 25- - i 30- WATER OBSERVATIONS: NOTES: V 14.5'While Drilling 2 Dry angered to 15 feet. 12' Wet Cave-In Plate 15 LOG OF BORING NO. B-14 Sheet 1 of 1 PROJECT: 16-Inch Water Line-State Highway 35 Between FM 518 and Magnolia Road LABORATORIES, INC. Pearland,Texas '.Geotechnical a Materiels Engineers MI_NO.: 13G9887 DATE DRILLED: 7-30-13 ATTERBERG a w LIMITS(%) o Y3 K w z O w c n x F. 6 z y � F w > DESCRIPTION n w w o� , k ? zeW oo a r gga o c0 N a °- g d 2 F U'W N SURFACE ELEVATION: Existing Grade is N o 'iu g 4 a nz° e3 a' ga o FILL:FAT CLAY(CHI -Vr.t dark gray and brown,with scattered 22 24 v� , gravel 7 Vr— FAT CLAY(CHI- firm to very stiff,gray 2.0 5- 1.25 37 28 I -with slickensides 6 to 10 feet J -gray,reddish brown,and brown,with 2.5 84 35 0.7 4 0 calcareous nodules 6 to 13 feet 2.0 86 33 0.950 1 1.75 91 31 24 1.0 14 0 -reddish brown and gray -- -- below 13 feet 3.5 15 I 2.75 110 20 1.7 9 0 20- -1°.4 I 4.0 25-• Boring Terminated at 25 feet -- 30- I WATER OBSERVATIONS: No free water observed during drilling NOTES: 2 Z Dry augered to 25 feet. Plate 16 • • • • CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES ASTM Designation 0.2487 MAJOR DIVISIONS GROUP TYPICAL NAMES SYMBOLS CLEAN GRAVELS GW WELL-GRADED G RAVEL,WELL-GRADED He cc ban 6%pacrra to.200 deco) GRAVELW(TN SAN D o- c.K POORLY-GRADED J �' GP GRAVEL WITH S0.lID RAVEL,p00RlY•ORADED 0 .- W 0` '' ce GRAVELS WITH Ilm{Ic p101eelnS!•A°nns S 5 o V' g FINES bathed'ono on pia dolt sham GM SILTY 0 RAVEL,SIM'G RAVEL WfIH:AHD O n �o W o s•P Nom ban 12% Z ` C-'.h. pocycNa.900deva Ilmll.plotaeove'WIMP s, CLAVE',G RAVEL,CLAYEVGRA.VELWRH {� = habhed acne an plaelaitgahari GC SAND LO n W a CLEAN SAND$ WELL-GRADED SAN D,WELL-GRADEOSAND XCO W RH GRAVEL c - (ie cc ban 0%pac7c to.700 Bova) O Et 0 1. /3•cs 1 SP POOR LY.O RAD ED SAND,POOR LY-G RADED CO SAND IIUITH GRAVEL oo pa an e- SANDS WITH Limit.;plata NOV.'"A"Una F. on FINES hathodRona on pia chi hohari SM SILTY SAND,SILTY SRN0WITHGRAVEL 0 0 •„ IAOte tan 12% Nmlic plc ta0ove"Pi'nnn S. g pac2c Ia."adeea habhed tone an pia doitchart SC CLAYEY SAN D,CLAYEY SAND WlTH G RAVEL SILTS AND CLAYS ML SILT,SILT WT1II SAN D,SILT WITH G RAVEL SAN DY SILT, GRAVELLY SILT tlipuld Limit to cc t/31160%) y LEAN CLAY,LEAN C LAY WITH SAND,LEAN CLAY WITH 0) CL GRAVEL,SALIDY LEAN CLAY,G RAVELLY LEAN CLAY O m to a OL OGAHE CIAY,ORGAN F SI T SA YOAGA)ID SILT E Ce E=.•ELASTI:SILT,EIP.STL.SILTWLTHSAND, C7 „._2 SILTS AND CLAYS MH SAN DVELASTCSILT,GRAVELLVE1PST1 Z *. Mould Nm1160%arl,Ere) SILT CH FAT CLAY,FAT CLAYWITH SAPID,FAT C LAY WITH G RAVEL,SANDY FAT CLAY, GRAVELLY FAT CLAY ORGANC CLAY,ORGAN):CLAY WITH OH SAN D.SAN DVS ROAN C CLAY0 ROAN C: SILT,SANDYORGANC SILT NOTE:Coarse soils with between 3%&12%passing the tlo.200 sieve and fine grained soils with limits plotting in the hatched zone of the plasticity chart are to have dual symbols. PLASTICITY CHART DEGREE OF PLASTICITY 0 OF COHESIVE SOILS cr. ■ DEGREE OF PLASTICITY PLASTICITY INDEX 0 ■■ E None 0-4 Z alight S-t0 La iiirrolin 1,140105 11-70 D N PA 111111111111111 V1g;hHlgll 21 t9 CL-5 l II Q. cz , � ■■A1Hor ar •l`a �e ML CL SOIL SYMBOLS JJ 0 10 20 30 40 60 SO 70 80 80 100 110 L4‘1 i". RD .. SAND LIQUID LIMIT(LL) • FATCLAY(CH) I SILT Equation of A-Line non zonbi at PPdto LL=26.5,PPO.F9(LL-20) Equation of D-Line:Vertical at LL=10 to PPF,then PP0.9(LL 0) '/// LEAN CLAY(CL) Plate 17