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R2022-205 2022-10-10RESOLUTION NO. R2022-205 A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the installation of the Safe Routes to School Project, to MetroCity, LLC, in the amount of $2,126,381.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That requests for proposals for construction services associated with the Safe Routes to School Project have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to MetroCity, LLC, in the amount of $2,126,381.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the Safe Routes to School Project. PASSED, APPROVED and ADOPTED this the 10th day of October, A.D., 2022. ________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 09D6CE43-B711-4E8A-99F5-6A28F8C675B1 CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO # 1 Date. May 19, 2022 PROJECT Safe Routes to School Improvements BID NO ITB 0422-12 BID DATE,. June 9, 2022 FROM. Jennifer Lee Senior Project Manager Engineering and Public Works City of Pearland 3519 Liberty Dr., Pearland, TX 77581 To Prospective Proposals 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. CLARIFICATIONS Addendum No 1 corrects the bid due date in Ionwave (E-Bid) to June 9, 2022, at 2pm SPECIFICATIONS N/A CONSTRUCTION DOCUMENTS END OF ADDENDUM NO #1 Jennifer Lee Senior Project Manager 2-22-12 00900- 1 of 1 CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO 2 Date 05/27/2022 PROJECT Pearland Safe Routes to School BID NO ITB 0422-12 BID DATE. June 9, 2022. 02-00 PM FROM. Jennifer Lee Sr Project Manager City of Pearland Engineering &Public Works 2016 Old Alvin Rd, 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 onginal 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 DISOUALIFICATION. CONTRACT DOCUMENTS N/A MANDATORY PRE-BID MEETING• 1 See attached mandatory Pre-Bid Meeting Agenda and Sign-In sheet dated May 26, 2022. Jennifer Lee, Sr Project Manager END OF ADDENDUM NO 2 2-22-12 00900- 1 of 1 o`� 49 nFgR CITY OF PEARLAND PROJECTS DEPARTMENT Eittake 3519 Liberty Drive TEX AS Pearland, Texas 77581 F , http://pearlandtx.gov/departments/engineering-and-capital-projects sr. s� PRE-BID MEETING AGENDA Pearland Safe Routes to School Project City of Pearland,Texas CSJ NO 0912-31-318 COP PN TR 1602 BID NO. ITB 0422-12 May 26,2022, 11 00 am The pre-bid meeting for this project is mandatory. Please make sure you have signed the sign-in sheet. This meeting is not to make changes in the design,but to answer any questions about the plans and specifications. Any questions you have shall be sent in writing through the E-bid system at ebids(alpearldtx.gov There will be no decisions made at this meeting. All questions and clarifications regarding project documents shall be made in writing and will be addressed by an addendum. Addendums will be available for viewing along with the contract documents. 1) Introduction of Participants a) City of Pearland Project Manager Jennifer Lee 2016 Old Alvin Rd. Pearland, TX 77581 281 652.1760 office jlee@pearlandtx.gov b) Design Engineer Karam Qaddo, P.E. Gauge Engineering, LLC 3200 Wilcrest Drive Suite 220 Houston, TX 77042 832.318 8800 office kqaddo@gaugeengineenng.com 2) Introduction of the Project a) Project Name- Safe Routes To Schools Project b) City of Pearland Project Number TR1602 c) Bid No ITB 0422-12 d) TxDOT CSJ#0912-31-318 3) Project Overview a) Overview of Work The project will entail the Construction of 5-to 6-ft sidewalks with slotted curb along Mclean Rd from Village Creek Dr to Springfield Ave, Veterans Dr at Cowart Creek, Veterans at Springfield Ave, Veterans at Stonebridge Dr, Old Alvin Rd at McHard Rd, Pearland Pkwy from McHard Rd to Hidden Design 1 of 4 32.Revised 7/25/08 Glen Ln,Knapp Rd from Glenda Street to Old Alvin Rd, Old Alvin Rd from Knapp Rd to just south of Knapp Rd, Glastonbury Dr from Robinson Dr to approximately 350 ft west, Old Oaks Blvd., Fite Rd. from east of Harkey Rd. to Centennial Village Dr, Harkey Rd. from Wagon Trail Rd. and the installation of a pedestrian bridge over Hickory Slough. The work also includes site restoration, regrading swales with safety end treatments, riprap ditches, driveway reconstruction, installation of 20-1f of 7 x 7 storm sewer boxes, storm sewer pipe, and pavement markings. The project is administered by the City of Pearland following TxDOT Local Government Project Procedures. Contractor must adhere to all federal requirements in Foiin FHWA-1273,,Buy America, and TxDOT's DBE and Title VI Program as well as other federal guidelines. i) This project is located within the jurisdiction of: (1) City of Pearland (2) Brazoria Drainage District 4 ii) Environmental reports are provided for information purposes only The Contractor may wish to perform additional investigations as (s)he deems necessary Any additional investigations shall be incidental to the project. iii) The Contractor shall be aware of existing utilities in and around the project areas. It is the Contractor's responsibility to locate and verify all utilities prior to construction. Contractor must contact and coordinate with all pertinent entities(i.e.AT&T,CenterPoint Energy,Comcast,etc ) and meet their requirements. b) Additional Plans clarification. c) Construction Concerns i) Construction of within existing ROW. ii) Existing encroachments within the ROW such as landscaping, mailboxes, etc. iii) Coordination with Brazoria Drainage District 4 d) Preliminary Cost Estimates. The estimated construction cost is $2.5 million. 4) Contract a) Award i) Contract will be awarded to the lowest responsible and responsive bidder ii) Notice of Award— Successful Bidder shall return Standard Form of Agreement and Payment, Performance, and Maintenance Bonds within 10 days. iii) Notice to Proceed—Contractor shall commence work within ten(10) days after receipt of Notice to Proceed b) Project Duration i) Substantial Completion. 249 calendar days ii) Complete/Final Payment: 279 calendar days Design 2 of 4 32.Revised 7/25/08 iii) Liquidated Damages $1,000 per day beyond established Substantial Completion date, $200 after the established Final Completion date. c) Local Government Project Procedures(LGPP) Requirements i) Project is partially funded with federal funds in cooperation with City participation. ii) Disadvantaged Business Enterprise (DBE) goal is 5%, Small Business Enterprise (SBE) goal is 0%. iii) Title VI Nondiscrimination Assurances—Appendix A to Section 00500 iv) Section 00850-T—TxDOT Local Government Project Procedures Requirements. 5) Bidding Process a) Advertised. May 18,2022 & May 25, 2022 in the Pearland Reporter b) Mandatory Pre-Bid Conference May 26, 2022 at City of Pearland City Hall -City Council Chambers. c) Construction Plans & Specs available for download through the City's website at: https.//pearland.ionwave.net/Login.aspx d) Additional questions regarding the project plans or proposal documents must be submitted in writing through the e-bid system by 5:00 pm Wednesday,June 1, 2022 to ebids(a)pearlandtx.gov. e) Sealed bids due: Thursday,June 9, 2022, 2:00 pm. Bids shall be submitted on the form provided m the E-bid System and submitted electronically through this system to the City Purchasing Officer Bids will be opened electronically and read aloud after the 2:00 pm deadline. f) Bidder Qualifications—Three lowest bidders will be required to submit within 24 hours of bid opening. g) Bid Security—Five percent(5%)bid security must accompany each bid proposal in the form of certified check, cashier's check or Bid Bond. Low bidder will be required to submit original within 24 hours of bid opening. 6) Closing comments Anything that has been said during the Pre-bid Conference is for the purpose of assisting in the clarification of the details of this project. This discussion is intended to be helpful to the potential bidders,but in no way is it meant to change anything contained in the Bid Documents. Additional questions regarding to project plans or bid documents must be submitted in writing to the E-bid system Bidders must rely on Addenda for official answers to issues that are either not covered or are ambiguous in the Bid Documents. All Pre-Bid participants will be notified of future Addenda, if required. Interested bidders are responsible for obtaining Addenda from the E-bid system. The City expects the highest standards of customer service and customer satisfaction. Field personnel must extend courtesy, cooperation, and rapid response to customer concerns. Design 3 of 4 32.Revised 7/25/08 Communicate any customer request, complaints, and/or concerns to the Project Manager, Construction Manager, or the Construction Inspector as soon as possible 7) Questions/Notes. Design 4 of 4 32.Revised 7/25/08 Pre-Bid Siqn-In Sheet �aoE 4 r�44 Safe Routes To Schools COP Project#TR1602, TxDOT CSJ #0912-31-318 T irizSEX A tJ May 26, 2022 est. t Spa http.//pearlandtx.gov/departments/engineering-and-capital-projects/projects Name(Print) Company Phone Number Email i Ennk - LF.& CAG" 28110S2 1760 jlEEC6 pfdrigid x Sot/ \lernnicra Pena cop eb ids 0 pear land +y . 90v filokitei1 II fot a, Co,,(eactE; 1,;,,,i / 7/1-5/5-45* Ai4eyetot0asiifr?c(r 4 '{ed ADd2c,�N Fc re R Ai ZaNa A 86-Ti3-931� INi2Mrrylev,vsr TioN�Z M.4,... ccn$ Waie tPecllove w tdt Semas 1[31(P-I- 3 a teldiegS"ta Widg zilia 'lnG. vtet V`' u (..D .�\-ea:7 281-460-3044 Lis. psea Dg<< . c l `}tee sJ10 cs.. e, tee k .c,c �et- --1- 1- A dii(D Lo.,re. s�l5fcu��- Qn 7 3"9-53-3a1/ PA AG 7-- Me-r(2o C-tz'\ (_Zgn L 4P-3 )23 --io (1/43, Q Mcc r)( oz. iNN kuvkAN IN\W\vACIA 61YcenS cc kS 113-Icy-3500 G4VGh€v i 9reensco pc3 to. cow\ S/evc4, d3lci vt<® Arc,hdcd lldvsfrc9 ..lit _sor C1127 •Qurtihdc, wr rnoic�iwdh sir,ea . co+•\ Dee,.1e._W ler' Totkateilk Sert ce3 %$'t - Ili T -g31-r kiddeirt a{-ropteA-rec e`ce.s.cow. row u AA R a % E cL �3 2-3 l &- S 8 03 je aa./(7 ` 7."5 c_cvt1:/tcc...-. j . c.)0-7 �� n t C4 1;c Vol • ��- sba-a a� vi T cA . it.bt 3 . A4,---E. ,,,.., /x SIB-.4.o t-Co`(x; k rts4-7. "1 ht,., -k do r.jo✓ Admin 1 of 2 4 Revised 7/25/08 CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO 3 Date: 06/06/2022 PROJECT Pearland Safe Routes to School BID NO ITB 0422-12 BID DATE June 9, 2022 02.00 PM FROM. Jennifer Lee Sr Project Manager City of Pearland Engineering & Public Works 2016 Old Alvin Rd, 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 DISOUALIFICATION. CONTRACT DOCUMENTS N/A See attached Geotechnical Engmeenng Report document for reference Jennifer Lee, Sr Project Manager END OF ADDENDUM NO [3] 2-22-12 00900- 1 of 1 lierracon e o ep o rt Geotechnical Engineering Report Pearland Pedestrian Bridges Pearland, Texas August 20, 2021 Terracon Project No 91195038 Prepared for: Gauge Engineering, LLC Houston, Texas Prepared by: Terracon Consultants, Inc. League City, Texas Environmental Facilities Geotechnical I Materials August 20, 2021 llerracon Gauge Engineering, LLC G o 3200 Wilcrest Drive, Suite 220 Houston, Texas 77042 Attn Mr Muhammad Ali, P E Re. Geotechnical Engineering Report Pearland Pedestrian Bridges Bridge No 2. Old Alvin Road and Knapp Road Bridge No 3 Robinson Drive and Bishopton Street Pearland, Texas Terracon Project No. 91195038 Dear Mr Ali Terracon Consultants, Inc. (Terracon) is pleased to submit our geotechnical engineering report for the project referenced above in Peariand, Texas We trust that this report is responsive to your project needs. We appreciate the opportunity to be of service to you on this project and look forward to providing additional geotechnical engineering and construction materials testing services in the future Sincerely, Terracon Consultants, Inc. (Texas Firm Registration No. F-3272) WILLIAM IV1.MARTIN V r •�+ema�arosse+N;+u****** fray - ,e l"Oti 103643 . r � f": r?3 e,IDNALtreS.. AA V Kevin R. Ali, P E. William M. Martin, P.E. Senior Associate Senior Geotechnical Engineer Terracon Consultants, Inc. 551 W League City Parkway, Suite F League City, Texas 77573 P (281)557.2900 F(281) 557.2990 terracon.com t i u • , . . • , • , , • u . REPORT TOPICS INTRODUCTION. . .. .. .. . . ... . . .. .. . SITE CONDITIONS .. ., 1 PROJECT DESCRIPTION . . . . 2 GEOTECHNICAL CHARACTE TION . 3 GEOTECHNICAL OVERVIEW 4 :RIDGE FOUNIATION ECOM ENPATIONS .. 4 GENERAL COMMENTS . . 9 Note:This report was originally delivered in a web-based format.Orange Bold text in the report indicates a referenced section heading. The PDF'version also includes hyperlinks which direct the reader to that section and clicking on the GeoReport logo will bring you back to this page. For more interactive features, please view your project online at client.terracon.corn ATTACHMENTS EXPLORATION AND TESTING PROCEDURES SITE LOCATION AND EX LORATION PLANS EXPLORATION RESULTS GRAIN SIZE DISTRI=UTION CURVES ALLOWA=ALE AXIAL CAPACITY CURVES NOW Refer to each individual Attachment for a listing of contents. Responsive 4,4 Resourceful n Reliable 1 Geotechnical Engineering Report Pearland Pedestrian Bridges Pearland, Texas Terracon Project No 91195038 August 20, 2021 INTRODUCTION This geotechnical engineering report was prepared for the proposed Pedestrian Bridges in Pearland, Texas This project was authorized by Mr Muhammad Ali, P E:, , with Gauge Engineering through signed subconsulting agreement on August 31, 2020 We received notice to proceed on Bridge No 2 and Bridge No 3 from Mr Ali via email on October 7, 2020 We understand Bridge No. 1 is on hold until further notice The project scope for Bridge No 2 and Bridge No 3 was performed in general accordance with Terracon Document No P91195038, dated May 7,2019 A draft copy of this report was transmitted to Gauge Engineering on November 9, 202.0 This finalized report was requested by Gauge Engineering on August 18, 2021 and addresses comments provided by the project team since the time the draft report was submitted The purpose of this report is to describe the subsurface conditions observed at the 4 test borings drilled for this project (2 borings at each bridge location), analyze and evaluate the test data, and provide recommendations with respect to Drilled shaft foundation design for the proposed bridges; and RI Drilled shaft construction considerations Maps showing the site and boring locations are shown in the Site Location and Exploration Plan sections, respectively The results of the laboratory testing performed on soil samples obtained from the site during the field exploration are included on the drilling logs in the Exploration Results section. SITE CONDITIONS The following description of site conditions is derived from our site visit in association with the field exploration and our review of publicly available geologic and topographic maps, Responsive Resourceful Reliable I Geotechnical Engineering Report 1rerracon Pearland Pedestrian Bridges Pearland, Texas August 20, 2021 Es Terracon Project No. 91195038 GeoReport item Description The plans are to construct two pedestrian bridges along one side of two existing vehicular bridges in Pearland,Texas. Pedestrian Bridge No.1 Over a channel' that crosses Pearland Sites Road to the south of its intersection with Springfield Avenue,in Pearland Texas.The GPS coordinates of the approximate center of the bridge are 29 534544 N and -95.289206 W We understand Pedestrian Bridge No. 1 is on hold until further notice. Pedestrian Bridge No. 2 Site location Over a channel that crosses Old Alvin Road to the south of its intersection with Knapp Road, in Pearland Texas. The GPS coordinates of the approximate center of the bridge are 29 590757 N and -95.278527 W f Pedestrian Bridge No. 3 Over a channel that crosses Robinson Drive and to the north of its intersection with Bishopton Street, in Pearland Texas. The GPS coordinate of the approximate center of the bridge are 29 592663 N and -95.272945 W See Site Location Pedestrian Bridge No. 2 An existing concrete bridge across a channel The channel is approximately 110 feet wide and 10 feet deep. The bridge accommodates a two-lane road and it is approximately 120 feet in length. Existing conditions Pedestrian Bridge No. 3 An existing concrete bridge across a channel The channel is approximately 110 feet wide and 15 feet deep The bridge accommodates a two-lane road and it is approximately 120 feet in length. Existing topography The banks of the ditch are relatively level PROJECT DESCRIPTION Our initial understanding of the project was provided in our proposal and was discussed during project planning A period of collaboration has transpired since the project was initiated, and our final understanding of the project conditions is as follows Item Description Proposed improvement Two pedestrian bridges are planned to be constructed, one at each site, along one side of the existing vehicular bridge. Bridge foundation type Drilled-straight shafts. Foundation load 45 tons per shaft maximum Responsive r Resourceful o Reliable 2 Geotechnical Engineering Report lierracon Pearland Pedestrian Bridges Pearland, Texas _ August 20, 2021, Terracon Project No. 91195038 Geo eport GEOTECHNICAL CHARACTERIZATION Geology Based on the geologic maps published by the Bureau of Economic Geology, the site for the proposed construction is located on the Beaumont formation, a deltaic nonmarine Pleistocene deposit. The Beaumont formation is heterogeneous containing thick interbedded layers of clay, fine sand, and silt. The coastal plain in this region has a complex tectonic geology, several major features of which are Gulf Coastal geosyncline, salt domes, and major sea level fluctuations during the glacial stages, subsidence and geologic faulting activities. Most of these geologic faulting activities have ceased for millions of years, but some are still active A detailed geologic fault investigation and study of the site geology are beyond the scope of this report. Typical Profile The particular subsurface stratigraphy, as determined from our field and laboratory programs, is shown in detail on the Drilling Logs Conditions observed at each boring location are indicated on the individual Drilling Logs Stratification boundaries on the Drilling Logs represent the approximate location of changes in soil types, in-situ, the transition between materials may be gradual Groundwater Conditions In an effort to evaluate groundwater conditions at the time of our field program, Borings B-1 through B-4 were dry augered to their termination depths (about 60 feet). The water levels observed in the boreholes are summarized in the table below Summary of Short-term Groundwater Information Boring Depth ' ! Groundwater Depth (feet) t Boring (feet) No. During Drilling After 15 minutes B-1 60 12% 11 B-2 60 17 16 B-3 60 - - 33 23% B-4 60 34% 33 1 Approximate depth below existing grade at the time of our field program Groundwater level fluctuations occur due to seasonal variations in the amount of rainfall, runoff, and other factors not evident at the time the borings were performed.. Therefore, groundwater levels during construction or at other times in the life of the structure may be higher or lower than the levels indicated on the drilling logs. The possibility of groundwater level fluctuations should be considered when developing the design and construction plans for the project. Responsive® Resourceful Reliable 3 Geotechnical Engineering Report lierracon Pearland Pedestrian Bridges Pearland, Texas August 20, 2021 n T'erracon Project No. 91195038 GeoReport GEOTECHNICAL OVERVIEW ® We understand that 36-inch or 48-inch diameter drilled shafts are planned to support the proposed bridges. Based upon the field and laboratory data available, along with our previous experience, this foundation system may be utilized at this site E Construction of drilled shaft foundations might require the use of casing or the Slurry Displacement Method of installation, depending on the embedment depth and groundwater conditions at the time of construction This summary should be used in conjunction with the entire report for design purposes Details were not included or fully developed in this section„ and the report must be read in its entirety for a comprehensive understanding of the items contained herein The section titled General Comments should be read for an understanding of the report limitations. BRIDGE FOUNDATION RECOMMENDATIONS Drilled shafts with a diameter of 36 inches or 48-inches are planned to support the proposed bridge structures. Based on information provided by Gauge Engineering, anticipated foundation loads up to 45 tons are expected Based upon the field and laboratory data available, along with our previous experience, drilled shafts may be utilized at this site The drilling logs for Borings B-1 through B-4, presented in Exploration Results, were prepared utilizing Wincore software developed by TxDOT Drilled shaft capacity curves were also generated using Wincore and are presented in Allowable Axial Capacity Curves The'allowable capacities provided include a factor of safety of 2 We used TxDOT criteria preferred values in developing these capacity curves Hand penetrometer values and SPT N-values, although indicated on the drilling logs, were not utilized for the capacity curves. These curves were produced using the methodology presented in the TxDOT Geotechnical Design Manual, dated March 2018, We recommend that the skin friction resistance of the soils from the ground surface to a depth of 4 feet be neglected to accommodate for surface effects and presence of expansive soils As recommended in the March 2018 TxDOT Geotechnical Manual, the allowable drilled shaft service loads should not exceed the maximum loads given in the following table unless a detailed structural analysis is performed to validate the structural capacity of the shafts to support higher loads. Responsive a Resourceful Ea Reliable 4 Geotechnical Engineering Report IFerracon Pearland Pedestrian Bridges s Pearland, Texas August 20, 2021 s Terracon Project No. 91195038 Gee eport Drilled Shaft Maximum Allowable Service Loads Shaft Diameter i Maximum Allowable Service Loads (inches) (tons) 36 400 48 525 The tension capacity for a drilled shaft should be limited to 70 percent of the foundation capacity (capacity curve without point bearing)provided in Allowable Axial Capacity Curves In addition to developing the axial load capacity due to end bearing pressure of the soil at the bottom of the shafts,the drilled shafts develop their axial load capacity due to the,cohesive adhesion and/or cohesionless friction generated at the shaft-soil interface along the drilled shaft concrete "skin" Although there is no densification of the surrounding soils when excavating the shafts and placing concrete,the open excavations do allow for some degree of initial soil stress relief No axial foundation group reduction in cohesive and cohesionless soils is required if the center- to-center spacing between the drilled shafts is at least three shaft diameters For example, the center-to-center spacing between two 36-inch diameter drilled shafts should be at least 108 inches for the shafts to act as independent foundations. A center-to-center spacing of less than the recommended three shaft diameters may require axial capacity reduction However, the reduction is dependent: upon the specific soil profile, loading conditions, and foundation dimensions When actual foundation spacing is known, Terracon should be given the opportunity to review the spacing requirements under the constraints discussed above Settlement of drilled shafts is a function of loading conditions, foundation dimensions, soil compressibility, and soil pre-consolidation Based on our experience with the soils in this area, we estimate that the settlement of properly constructed drilled shafts to be one inch or less. This will depend upon the specific loading conditions, installed foundations, change of in-situ soil stress, and installation techniques. The maximum vertical movement of drilled shafts may increase as a result of failure to control groundwater or to adequately clean all loose soils from the bottom of the excavation The performance of the drilled shafts may be compromised for shafts not constructed by tremie concrete placement. LPILE Parameters — Drilled Shafts The drilled shafts will provide resistance to lateral loads through the passive earth pressure acting on the side of the foundation A detailed lateral load analysis of the proposed drilled shafts was Responsive E Resourceful ke Reliable 5 Geotechnical Engineering Report lierracon Pearland Pedestrian Bridges N Pearland,Texas R ____LL.. August 20, 2021 ®Terracon Project No 91195038 GeoReport beyond the scope of this project. If requested, a detailed lateral capacity analysis of the proposed drilled shafts can be provided The tables below present LPILE parameters for each bridge Design Parameters for Lateral Load Analyses TT Pedestrian Bridge No. 2 at Old Alvin Road(Borings B-1 and 8-2) — ---- _— --- Effective - Lateral Subgrade ! Undrained Angle of Depth 1 i Unit Modulus Strain Shear Internal (ft) LPILE Soil Type Weight' (pci) (in/in) ! Strength I Friction (pefl --I (psf) 1 (degree) -- -- -- cyclic_c static _ i 0 to 4 Soft Clay 115 50 100 0 02 500 0 Stiff Clay without 4 to 12 Free Water 125 225 600 1007 1,500 0 12 to 17 Sand 53 60 --- 0 32 Stiff Clay without 17 to 30 Free Water 58 275 700 0 007 2,000 0 30 to 42 Stiff Clay without 63 350 900 0 005 3,000 0 Free Water Stiff Clay without i 42 to 52 63 300 750 0 005 2,250 0 Free Water 52 to 60 Stiff Clay without 63 400 1,000 0 005 3,500 0 Free Water 1 Depth below existing grade at the time of our field program 2. Effective unit weight was determined based on groundwater depth of 12 feet. 3 The lateral subgrade modulus values are provided for static and cyclic loading conditions. An appropriate loading condition should be selected for analysis. Design Parameters for Lateral Load Analyses Pedestrian Bridge No. 3 at Robinson Drive(Borings B-3 and B-4) Effective E Lateral Subgrade j Undrained I Angle of Depth 1Unit Modulus 3 I Strain Shear I Internal (ft) LPILE Soil Type Weight` (pci) j £50 Strength i Friction (pcf) i ._- t (in/in) (psf) (degree) cycli Y c static 0 to 4 Soft Clay 115 ; 50 100 0 02 500 0 4 to 22 Stiff Clay without 120 225 600 0 007 1,500 0 Free Water --I- 22 to 30 Stiff Clay without 58 325 800 0-005 2,500 0 Free Water Responsive a Resourceful a Reliable 6 Geotechnical Engineering Report lierracon Pearland Pedestrian Bridges ®Pearland,Texas - --_.—. August 20, 2.021 Terracon Project No. 91195038 G eoRepoli Design Parameters for Lateral Load Analyses Pedestrian Bridge No. 3 at Robinson Drive(Borings B-3 and B-4) Effective ; Lateral Subgrade Strain Undrained Angle of Depth I Unit Modulus 3 Shear Internal (ft) LPILE Soil Type Weight 2 (pci) I eso Strength Friction (pcf) i (in/in) (psf) (degree) cyclic ' static 30 to 42 Stiff Clay without 58 225 600 0 007 1,500 0 Free Water Stiff Clay without 42 to 60 Free Water 63 400 1,000 0 005 3,500 0 1 Depth below existing grade at the time of our field program 2 Effective unit weight was determined based on groundwater depth of 22 feet. 3. The lateral subgrade modulus values are provided for static and cyclic loading conditions.An appropriate loading condition should be selected for analysis. Construction Considerations Drilled Shafts The drilling contractor should be experienced in the subsurface conditions observed at the site, and the excavations should be performed with equipment capable of providing a relatively clean bearing area Drilled shafts should be constructed and installed in accordance with Item 416 of the 2014 TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges Groundwater was generally observed at depths ranging between about 11 and 33 feet while drilling and at depths ranging between about 12 and 34 feet after a period of about 15 minutes The installation of drilled shaft foundations at this site would likely require use of casing or the Slurry Displacement Method if the excavations for the shafts extend into sandy soils If drilled shaft installation is attempted without utilizing casing or slurry, zones of sloughing soils and/or groundwater inflow may occur during construction. We recommend that contingency provisions be incorporated into the plans and specifications to use slurry and casing to control sloughing and/or groundwater seepage during shaft construction, should it occur In the Slurry Displacement Method of installation, the drilled shaft excavation is filled with a slurry mixture As a minimum, the level of slurry should be maintained sufficiently above the level of groundwater ingress to maintain a positive head in the shaft excavation The slurry must be introduced into the drilled shaft before reaching groundwater The slurry must be maintained in the shaft excavation until design termination depth is achieved and should be removed only as concreting proceeds The properties of the slurry including the density, viscosity, and pH must be carefully controlled and should be in accordance with Item 416 of the 2014 TxDOT Standard Specifications. Responsive a Resourceful a Reliable 7 Geotechnical Engineering Report lierracon Pearland Pedestrian Budges ■ Pearland, Texas -- v- August 20, 2021 e Terracon Project No. 91195038 GeoRepoli Where casing is used, removal of the casing should be performed with extreme care and under proper supervision to minimize mixing of the surrounding soil and water with the fresh concrete Casing placement methods should not trap soft soils between the casing and undisturbed soils Rapid withdrawal of the casing may develop a suction that could cause the soil and water to flow into the excavation An insufficient head of concrete in the casing during withdrawal could also allow the water to intrude into the wet concrete The casing must be removed in order to utilize the capacity curves provided The successful completion of drilled shafts will depend to a large extent on the suitability of the equipment and the operator's skills The operation sequence should be scheduled so that the shaft excavation can be completed, reinforcing steel placed, and the concrete poured in a continuous, rapid, and orderly manner to minimize the time the excavation is open Concrete should be placed as soon as practical, and in all instances should be placed within the same day in order to use the capacity curves provided in this report. Slurry remaining in the shaft excavation for long periods of time will build up on the sides of the shaft excavation causing a reduction in skin friction The following procedures and equipment are recommended for installation of drilled shafts by the Slurry Displacement Method ■ The bottom of the shaft excavation should be cleaned as well as practical just prior to concreting to remove cuttings. ■ The concrete should be placed by means of a tremie with a one-way valve to prevent slurry from entering the pipe The tremie should extend to the bottom of the shaft excavation to allow upward displacement of the slurry by concrete placement starting at the bottom of the excavation ▪ During concrete placement, the end of the tremie should remain several feet embedded within the concrete mass to reduce the entrapment of slurry ■ The concrete should be relatively fluid to reduce the entrapment of slurry in the concrete It is recommended that concrete with a slump of 6 to 8 inches be used ■ The upper few feet of concrete should be expunged from the shaft excavation if found to be contaminated with slurry or soil The performance of the foundation system for the proposed bridge structures will be highly dependent upon the quality of construction Thus, we recommend that drilled shaft installation be closely monitored by a qualified technician experienced in foundation installation During drilled shaft installation, the technician should monitor shaft excavation, note any unusual installation occurrences, monitor slurry properties, monitor concrete placement and generally evaluate if foundation installation is being performed in accordance with the project specifications. Responsive® Resourceful IN Reliable 8 Geotechnical Engineering Report lierracon Pearland Pedestrian Bridges Pearland, Texas August 20, 2021. Terracon Project No 91195038 eoRepoli GENERAL COMMENTS Our analysis and opinions are based upon our understanding of the project, the geotechnical conditions in the area,and the data obtained from our site exploration Natural variations will occur between exploration point locations or due to the modifying effects of construction or weather The nature and extent of such variations may not become evident until during or after construction Terracon should be retained as the Geotechnical Engineer, where noted in this report,to provide observation and testing services during pertinent construction phases. If variations appear, we can provide further evaluation and supplemental recommendations. If variations are noted in the absence of our observation and testing services on-site, we should be immediately notified so that we can provide evaluation and supplemental recommendations. Our Scope of Services does not include either specifically or by implication any environmental or biological (e..g , mold, fungi, bacteria) assessment of the site or identification or prevention of pollutants, hazardous materials or conditions. If the, owner is concerned about the potential for such contamination or pollution, other studies should be undertaken Our services and any correspondence or collaboration through this system are intended for the sole benefit and exclusive use of our client for specific application to the project discussed and are accomplished in accordance with generally accepted geotechnical engineering practices with no third-party beneficiaries intended. Any third-party access to services or correspondence is solely for information purposes to support the services provided by Terracon to our client. Reliance upon the services and any work product is limited to our client, and is not intended for third parties Any use or reliance of the provided information by third parties is done solely at their own risk. No warranties, either express or implied, are intended or made, Site characteristics as provided are for design purposes and not to estimate excavation cost. Any use of our report in that regard is done at the sole risk of the excavating cost estimator as there may be variations on the site that are not apparent in the data that could significantly impact excavation cost. Any parties charged with estimating excavation costs should seek their own site characterization for specific purposes to obtain the specific level of detail necessary for costing Site safety, and cost estimating including, excavation support, and dewatering requirements/design are the responsibility of others. If changes in the nature, design, or location of the project are planned, our conclusions and recommendations shall not be considered valid unless we review the changes and either verify or modify our conclusions in writing. Responsive i Resourceful o Reliable ATTACHMENTS Responsive 0 Resourceful 0 Reliable Geotechnical Engineering Report lierracon Pearland Pedestrian Bridges ® Pearland,Texas August 20, 2021 si Terracon Project No 9/195038 GeoReport EXPLORATION AND TESTING PROCEDURES Field Exploration As requested, the field exploration program consisted of the following Boring No. Boring Depth(feet) Location B-1 and B-2 60 Pedestrian Bridge No.2(Old Alvin Road) B-3 and B-4 — 60 Pedestrian Bridge No.3(Robinson Drive) 1 Below existing grade. Boring Layout and Elevations: We used handheld Global Positioning System (GPS)equipment to locate the approximate latitude and longitude of the borings with an accuracy of ±25 feet. The boring depths were measured from the existing ground surface at the time of our field activities. Subsurface Exploration Procedures We advanced the borings with an ATV-mounted drill rig using continuous solid stem flight augers Borings were sampled continuously in clay and at 5-foot intervals in sand Soil samples were recovered using open-tube samplers and split-barrel sampling procedures Hand penetrometer tests were performed on samples of cohesive soils to serve as a general measure of consistency The samples were placed in appropriate containers, taken to our soil laboratory for testing, and classified by a geotechnical engineer In addition, we observed and recorded groundwater levels during drilling and sampling We backfilled the borings with auger cuttings after completion Our exploration team prepared field logs as part of the drilling operations. These field logs included visual classifications of the materials encountered during drilling and our interpretation of the subsurface conditions between samples- Final drilling logs were prepared from the field logs. The final drilling logs represent the Geotechnical Engineer's interpretation of the field logs and include modifications based on observations and tests of the samples in our laboratory The borings were characterized by means of the Texas Cone Penetrometer (TCP) test using an automatic hammer TCP tests were performed at about 5-foot depth intervals beginning at a depth of about 5 feet in general accordance with the procedures outlined in TxDOT Specification Tex-132-E The TCP test is an in-situ displacement test whereby a 170-pound hammer isallowed to fall 2 feet to drive a 3-inch diameter cone into undisturbed soils After initially seating the cone into the soil stratum to be tested, the number of hammer blows is recorded to drive the cone in two sets of Responsive a Resourceful 0 Reliable EXPLORATION AND TESTING PROCEDURES 1 of 2 Geotechnical Engineering Report lierracon Pearland Pedestrian Bridges as Pearland, Texas — _ August 20, 2021 El Terracon Project No. 91195038 Geta a rt 6-inch depth increments into the soil Where very hard or dense soils are encountered, the distance the cone has penetrated after a series of 50 hammer blows is recorded This is repeated for two intervals of 550 blows each (a total of 100 hammer blows) for a total penetration of 12 inches or less Laboratory Testing The project engineer reviewed the field data and assigned the following laboratory tests to understand the engineering properties of the various soil strata as Water content as Dry unit weight ® Atterberg limits ® Percent finer than No 200 sieve B Grain-size distribution si Unconfined compressive strength The laboratory testing program included examination of soil samples by an engineer Based o the laboratory test results, we described and classified the soil samples in accordance with the Unified Soil Classification System Samples not tested in the laboratory will be stored for a period of 30 days subsequent to submittal of this report and will be discarded after this period unless we are notified otherwise Responsive 0 Resourceful m Reliable EXPLORATION AND TESTING PROCEDURES 2 of 2 SITE LOCATION AND EXPLORATION PLANS Co ntents Site Location Plan Exploration Plan Responsive is Resourceful 83 Reliable EXHIBIT -SITE LOCATION PLAN lierracon Pearland Pedestrian Bridges ON Pearland, Texas August 20, 2021 E Terracon Project No 91195038 GeoReport ,-- - , N _,, ±; ;..)4 ! sl, ,N'- C, V ...-N. \ , ....ce _\.:.\0 c , • to. :„.„.,„ , , , , . 1 , ? . , . ' , ,, .,,' l' e \ — ------,,,„ .i, Lir C ,1 .L 1't DIAGRAM IS FOR GENERAL LOCATION ONLY MAP PROVIDED BY MICROSOFT BING MAPS AND IS NOT INTENDED FOR CONSTRUCTION PI TRPOSES EXHIBIT -EXPLORATION LOCATION PLAN l lerr c n Pearland Pedestrian Bridges ® Pearland, Texas August 20, 2021 ®'Terracon Project No 91195038 GeoRepor s+ -'1"`' - ,"4 :' 4,..E - t r �,. * S �' rant r a ( _ - y ..„:�.•b . .! 1. . •� s� I. . .y. 6 -6 Abq '...^ •1�.-yl #v,Ft --' .i'. .. ."�l` 1 �_I.: �.. 1�,� .• .k•�.•�� + � t . CO ri * t Y . iF n ' • l 4 y -. - w P - w v. - •i 4�'V .ik f y Nu FY kr R '�" '" y.� + �� ti loit, 4 � ' ;- -- ""�¢'I ^ _ ._ - _A. - ,r '-'.,,.` 4 el` ,' `, '"'-; , ! 4E1 4 ' : ,,dre '' i �,I : 0 , • .. M ,sir a 'rt * t S $ _ f ',..y!'; $ •r F. Nor i f �„ • krz' #� { t{ �.. n '[` sty - * _7k�a.F .,?� a' �" r ne • "' a ` . �7 '�S .a +3 ",k.',- _ '! __l t * aR�' - . .•,.s fe .s Y..- '114* " s - '" - 'rYi-k. fie -` � IMIIIII e j — r T - i';'...' - /: ,,- 41 . == '4. ti � ' * T ' la , r* may: ¢' ilk, , IA" y" �.¢ Y " p }too 1ko -rL , ,_.1.* '' 'r" , #-. y• l `^gypi .dM1 '. 91} • Bridge No 2 Sde -g ' .r Arta, I. r,.w �r # s' 4 s e "ikti *h Old'Alvin Road . , xl ' Y i, '' A.r�'' -"�• " .""W**',":r� '# •� a ' - ' '� ,�.#++ x{y ",ICI_: -•,. 4. - •Y _ w ;, ��w��... rya„ r—-{ ,,, I � air`. _, ° i£ , d Y '+`a .y *,• .yam : , l`l� .. _3+; �" w, ..p r•-�•-�_ �k ,'' ¢.f�{'',rFy�li • y,.yr1 �- Y�`� ._ Aar...,* a -�'z 'If "'i s' a:. `tllF'?�ilr '",rY. p`n:• '1• .,_ '•"r' F .:.x - w 1 x � r — ;,,,.e.o t , DIAGRAM IS FOR GENERAL LOCATION ONLY, AERIAL PHOTOGRAPHY PROV IDED BY AND IS NOT INTENDED FOR CONSTRUCTION Google Earth Pro. PURPOSES EXPLORATION RESULTS Contents Drilling Logs (B-1 through B-4) DRILLING LOG County Brazoria Hole B-1 District Houston WinCore Highway Old Alvin Road Structure Pedestrian Bridge Date 10/15/2020 Version 3.3 'CSJ Not Provided Station 1+72.19 Grnd.Elev. 43.66 ft Offset 57 47L GW Elev. 32.66 ft L Texas Cone Triaxial Test Properties EI'ev 0 Strata Description Lateral Deviator Wet Additional Remarks (ft) G Penetrometer Press. Stress MC LL PI Den. - - (Psi). (psi) - (rid) CLAY,lean,with sand,soft;tan with stone fragments and gray(CL) to 4 feet 43 30 _#200(%)-75; PP=2.75 PP=1 75 5 6(6)6(6) - f _ -33_ _- 20 49 36 130—_,#200(%)-77; PP=2.0 PP=1.25 10 7(s)7(6) - 31 7 Initial GW=12.5 feet; SILTY SAND,silty,loose,red 15 min=11..0 feet "" and tan - #200(/0)-25; PP=1.25 15 IR 6(6)7(6J 26 7 a•gi sandy 17 to 25 feet CLAY,lean,with sand„soft to PP=2,75 -j stiff,red and tan(CL) 20 7(s)8(61_ PP=2.5 25 -12(6)14(6) —_-_---- 19 _29. 17 _ #200(%)-74, 8-9-1'3; N=22 13.7 30 21(6)19(6) CLAY;fat,stiff to hard,red and tan(CH) PP=:3.0 -00" 35 /0. 10(6)12(6) -�/ PP=4.25 40 -/ 12.(6)13(6) Remarks.Advance Method:Dry auger to 60 feet. Northing: 13782881 15 Easting:3151367.819. r ground water elevation information provided on this boring log is representative of conditions existing on the day and for the specific location where this information was collected. The actual groundwater elevation may fluctuate due to time,climatic conditions,and/or construction activity. Driller M.Hicks Logger S.Beam Organization:Terracon Consultants,Inc. C:\Users\wmmartin\OneDnve Terracon Consultants Ind\Desktop\League City\PedestrianBridges\Repdrt\LaborrWryt2\Final\Pedestrlan.Bridge at Old Alvin Road.CLG Prepared By: wm Reviewed By: ka AIE DKILLING LUCK County Brazoria Hole B-1 District Houston WinCore Highway Old Alvin Road Structure Pedestrian Bridge Date 1 0/1 512 02 0 Version 3.3 CS] Not Provided Station 1+72.19 Grnd.Elev. 43,66 ft Offset 57-47L GW Elev 32,66 ft L Texas Cone Triaxial Testa Properties. Elev. 0 Strata Description Lateral Deviator Wet Additional Remarks (ft) G Penetrometer' Press. Stress MC LL PI Den. (psi) (psi) (pcfi CLAY,fat,stiff`to hard,red and tan(CH) --✓1 PP=3.0 45 _se,' 1'3(6)15(6) / _0_ 40 24_ __51__35 129__#200(%)-98; PP=3.0 —00s 50 —�23(6)24(6) —�/ — I PP=4.5+ 55 —,t 40(6)41 (6) PP=4.5+ J/ 60 /0'43(6)47(.61_ 65 70 — 75'— 80•— Remarks:Advance Method.Dry auger to'60 feet. Northing.13782'881 15 Easting:3151367.819. rground water elevation information provided on this boring log is representative of conditions existing on the day and for the specific location where this information was collected. The actual groundwater elevation may fluctuate due to time,climatic conditions,and/or construction activity. Driller M Hicks Logger S.Beam Organization:Terracon Consultants,Inc. C:\Users\wmmartin\OneDrive Torreon Consultants Inc\Desktop\League City\Pedestrian BndgeslReport\Laberatory\2\Final\,Pedestrian Bndge at Old Alvin Road,CLG Prepared By wm Reviewed By 'ka DKILLINCi LOU County Brazoria. Hole B-2 District Houston WinCore Highway Old Alvin Road Structure Pedestrian Bridge Date 10115/2020 Version 3.3 CSJ Not Provided Station 2+80.46 Grnd.Elev. 41.97 ft Offset 60.36L GW Elev 25.97 ft L Texas Cone Triaxial Test Properties Elev. O Strata Description Lateral Deviator Wet Additional Remarks (ft) G Penetrometer Press. Stress MC LL PI Den. (psi) (psii (pcfi CLAY;lean,with sand,soft,gray —� and tan(CL) _/ �__ 114 15 _46 33_ 1'36 #200(%)-78; PP=4.5' —/ 38, .-� PP=4,0 5 _0/ 6(6)5(6) CLAY,fat with sand,soft,gray and tan(CH)� 0 21, 20_ 53 39 126_#200(%)-82; PP=1 75 35. SILTY SAND,silty,loose,gray %G _ 17 0 a- #200(%)-49; PP=2.5 and tan -- le 10 "r• 6(6)5(6) IN 30. % CLAY,lean,sandy,soft to stiff, —/, red and tan(CL) PP=3.5 15 ,,i 9(6)10(:6) Initial GW=,17 feet: Afte25npletion=16feet —`,- 20 _ 8(6)10(6)- ' 1 _% ' 26__40_26 ____ f 200(%)-67, 5-5-6; N=11 25 11 (6)1'8(6) —/ 5-5-7; N=12 12. 30 140)18(6) CLAY,lean,with sand,stiff to —j hard,tan and red(CL) —/ —� PP=3.25 —✓ 35 1115112(6) -_ 1 —/ PP=4.0 40 18(6)20(6) 1 Remarks.Advance Method.Dry auger to 60. Northing:13782989.59 Easting:3151360.141 ground water elevation information provided on this boring log is representative of conditions existing on the day and for the specific location where this information was collected. The actual groundwater elevation may fluctuate due to time,climatic conditions,and/or construction activity. Driller M.Hicks Logger S.Beam Organization:Terracon Consultants,Inc. C;\Users\wrnrmartin\OneDnve Terracon Consultants Inc\Desktop\League Ci1yFPedestrien Bridges\Repod5Laboratoryl2lFinal\Pedestrian Bridge at Old AIVin Road.CLG Prepared By win Reviewed By ka UKILLING LOU Aral. County Brazoria Hole B-2 District Houston WlnCore Highway Old Alvin Road Structure Pedestrian Bridge Date 10/15/2020 Version 3.3 CSJ Not Provided Station 2+80.46 Grnd.Elev, 41.97 ft Offset 60,36L GW Elev 25.97 ft Triaxial Test Properties L Texas Cone Lateral Deviator Wet Elev. 0 Strata Description Additional Remarks (ft) G Penetrometer Press. Stress MC LL P.I Den. (psi) (psi) (act) CLAY,lean,with sand,stiff to hard,tan and red(CL) —Q_ 13 28 17______134_#200(%)-80; PP=2.0 45 .. 13(6)21 (6) PP=2.25 501 2916) - PP=4.5 55 21(6)27(6) PP=4.5+ 60 40(6)3.8(6) 65'— 70 — • 75 — 80 — Remarks:Advance Method Dry auger to 60. Northing:13782989.59 Easting:3151360.141 ground water elevation information provided on this boring log is representative of conditions existing on the day and for the specific location where this information was collected. The actual groundwater elevation may fluctuate due to time,climatic conditions,andlorconstruction activity. Driller M Hicks Logger S.Beam Organization:Terracon Consultants,Inc. C:1UserslwmmartinlOneDrNe Terracon Consottants tnd\Desktop\League Git\\Pedestrian&idgeslReporttLaborator)A21FinaltPedestrian Bridge at Old Aiwa h^cad.CLG Prepared By: wm' Reviewed By Ire A- DRILLING LOU County Brazoria Hole B-3 District Houston WinCore Highway Robinson Drive Structure Pedestrian Bridge Date 10/15/2020 Version 3.3 CSJ Not Provided Station 1+51,63 Grnd.Elev 39.57 ft Offset 43.41R GW Elev. 16.07 ft _Triaxial Test Properties L' Texas Cone Elev. 0 Strata Description Lateral Deviator ^ Wet Additional Remarks (ft) G Penetrometer Press. Stress MC LL PI Den. ' ('psi) (Psi) (pcf) CLAY,lean,stiff;brown and gray (CL) 0 _46 16 46- 29 128__#200(%)-87, PP=3.25 35.6 PP=3.5 -/ 10(6)8(6) CLAY,fat,soft to stiff,gray and tan(CH) 52 _ 18- 55_39__129 #200(%)-85; PP=2.5 PP=2.0 10 / 7(6)6(6) 0 25 31 72 48 121 _#200(%)-99; PP=1 75 15 -/8(6)10(6) — J PP=2.75 20 �/ 10(6)1.3O J PP=3.0 25 -,�8(6)1.3(6) Initial GW=33.0 feet; 15 min=23.5 feet -✓ -,✓ PP=3.0 9.6 30 12(6)14(6) CLAY,fat,witn sand,stiff,red and tan.(CH) -0/ ,_--_-__ -- = 72, 48._-__-_-#200(%)-83;, PP=1.25 • 35 ,/ 10(6)12(6) -` ^0, PP=2.25 40 --, 10(6)8(6) Remarks:Advance Method:Dry auger to 60 feet. Northing;13783611.56 Longitude:3153247:598. aground water elevation information provided on this boring log is representative of conditions existing on the day and for the specific location where this information was collected. The actual,groundwater elevation may fluctuate due to time,climatic conditions,and/or construction activity. Driller M.Hicks Logger S.Beam Organization:Terracon Consultants,Inc. G:1Lisers\wrnrnartin\One©nve-Terracon Consultantslnc\DesktoplL,cague CifylPedestnan Bridge s1RsportlLaboratory\21Final5Pedestrian Bridge at Robinson Driye.CLG Prepared By: wm Re‘4ewed By: ka DRILLING LUG County Brazoria Hole B-3 District Houston WinCore Highway Robinson Drive Structure Pedestrian Bridge Date 10/15/2020 Version 3.3 CSJ Not Provided Station 1+51.63' Grnd.Elev. 39.57 ft Offset 43.41 R GW Elev. 16.07 ft L Texas Cone Triaxial Test Properties Elev. 0 Strata Description Lateral Deviator Wet Additional Remarks (ft) G Penetrometer Press. Stress MC LL PI Den. lost) (psi) (pcU CLAY,fat,with sand,stiff,red and tan(CH) -2.4 CLAY,lean,sandy,very stiff, red and tan(CL) PP-=4.5 45' 20()25 jPP--4.5 50 %�5_(61 29(6) PP=4.5 55 29(6)27 _0 r_ 37_21 __129 #200(%)-69, PP=4.5 60 i 30(6)26(6) _ 65 — _ J 70 75 — 80 — Remarks.Advance Method:Dry auger to 60 feet. Northing:13783611.56 Longitude.3153247.598. y ground water elevation information provided on this boring log is representative of conditions existing on'the day and for the specific location where this information was collected. The actual groundwater elevation may fluctuate due to time,climatic conditions,and/or construction activity. Driller M.Hicks Logger S.Beam Organization:Terracon Consultants,Int. C:\Users\wmmarttn\OneDrive Terracon Consurtants Inc\Desktop\League City\Pedestrian.BridgestReport5Laboratoryl2tFinal\Pedestrian Bridge at Robinson Ddve.CLG Prepared By: wm Reviewed By. ka A- DRILLING LOU County Brazoria Hole B-4 District Houston WlnCore Highway Robinson Drive Structure Pedestrian Bridge Date 10/14/2020 Version 3.3 CSJ Not Provided Station 3+06.10 Grnd.El'ev. 41.92 ft Offset 38,46R GW Elev. 18.42 ft Triaxial Test Properties L Texas Cone Lateral Deviator Wet EI'ev. 0 Penetrometer Strata Description Press. Stress MC LL PI Den. Additional Remarks (ft) G (nai) (psi) (ncf) , CLAY,fat,soft to very stiff, tan and red(CH) PP=3.25' -,/ 0 87 19 66 46 130 #200(%)•82; PP=3.5 5 _816)8(6) _/ _0____ 21. 31 '67 46 127 _#200(%)-90; PP=2.5 _/ PP=2.0 with gravel 8 to 17 feet 10 -/-5(6)6(6)- PP=1.75 15 ' 8(6)9(6) -0L 29 - 31 66' 43 120 #200(%)-96, PP=2.75 20 9(6)10(6) PP=3.0 25 13(6)16(6) PP=.3.0_/ 30 (6)29�6j '° PP=1.25 / Initial GW=33 feet 15 min=23,5 feet 35 1 16(6)32(6) 4.9 SILTY SAND,silty,compact,red 22. 0 0 _#200(%)-45; PP=2.25 40 15(6)37(6) Remarks.Advance Method:Dry auger to 60 feet. Northing:13783760.05 Fasting:3153183.448. aground water elevation information provided on this boring.log is representative of conditions existing on the day and for the specific location lwhere this information was collected. The actual groundwater elevation may fluctuate due to time,climatic conditions,and/or construction activity. Driller M.Hicks Logger S.Beam Organization:'Terracon Consultants,Inc. C;\Users\wmmattlnlOneDrive Terrecon Consultants,Inc\Desktop\League Cit}ApedeStrian Bridges\Report\Laboratory\2Winal\Pedestrian Bridge at Robinson Urive.CLG Prepared By wm Reviewed By' ka - URILLINCi LOU' County Brazorla Hole B-4 District Houston WinCore Highway Robinson Drive Structure Pedestrian Bridge Date 10/14/2020 Version 3.3 CSJ Not Provided' Station 3+06.10 Grnd.Elev. 411.92 ft Offset 38.46R GW Elev 18.42 ft Triaxial Test Properties L Texas Cone Elev 0 Strata Description Lateral Deviator Wet Additional Remarks (ft) G Penetrometer Press. Stress MC LL PI Den. (psi) (psi) Ind) SILTY S SAND,silty,compact,red _1 with sand seams CLAY,lean,stiff to hard,tan below42 feet and red(CL) PP-4.5 45 -� 15(6)21(6) PP=4,5 50 f 30/6)33(6) 26 35 22 #200(%)-86, PP=4..5 55 16(6)33(6) PP 4.5 60 /50(6)50(5) 65 70 - 75 - 80 - Remarks.Advance Method:Dry auger to 60 feet. Northing. 13783760.05 Easting:3153183.448. 'ground water elevation information provided on this boring keg is representative of conditions existing on the day and for the specific location where this information was collected. The actual groundwater elevation may fluctuate due to time,climatic conditions,and/or construction activity. Driller M.Hicks Logger S.Beam Organization:Terracon Consultants;Inc. C:\Users\wrnmartin\OneDrive Terracon Consultants InclOesktop\League City\Pedestrian Bridges\fteport1Labdratory121FinallPedestrian Bridge at Robinson,Drive.CLG Prepared By wm Reyiewed By: ka GRAIN SIZE DISTRIBUTION CURVES GRAIN SIZE DISTRIBUTION ASTM D422 I ASTM C136' U.S.SIEVE OPENING IN INCHES I U.S,SIEVE NUMBERS I HYDROMETER 6 4 3 2 1.5 1 3/4 1923/8 3 4 6 10 1416 20 30 40 50 60 1 140 200 100 ' I l I' I I I I I I i 0 95 , 90. ' 10 85 1 ' 80 • 20 75 '70 _ 30 65.- • , . flI 60 - - 40-ti 2 C955 -- m w >-m 50 • �� 50 0 cc '! > Lii45 . . tin W z 40 60 In j W m W 35 �, 2 o 30 - 70H II 25' 20 80 0 yr 10: 90 0 5 a - m 0 ul 100 1'0 1 0.1 0.01 0'.0.1pp 0 GRAIN SIZE IN MILLIMETERS a N GRAVEL SAND a COBBLES - - - SILT OR CLAY a' coarse fine coarse medium fine cc -- - o o " 1:BORING ID I DEPTH %C08^�BLES-%GRAVEL %SAND %SILT %FINES 1 %CLAY USCS •I B- 4-6 0.0 0.0 1 21.2 38.2 II 4 40.6 tt M I B-1 8-10 0.0, 0.0 1 30.2 44.2 _ + _ 25.6 E A B-1 18-20 0.0 _ 0.0 1 12.6 22.6 64.8 z GRAIN SIZE J • - _I A _^ SOIL.DESCRIPTION.0. _ i--- - m � I Steve 10 Fineti Sieve 7%Finer Sieve I-%Finer - -Er' oz D95 0.172 1.547 0.147 #8 100.0 #8 100.0 #8 100.0 - o #1'6 99.2 #16 91.8 #16 99.0 ®1 E D . 0.018 0,026 .001 #30 98.6 #30 85.6 #30 98.0 a• D - #40 98.4 #40 84.0 #40 97.8 u, I 1 0 #45 98.2 I #50 82.8 #50 97.6 I re #100 94,4 I #100 79.4 #100 95.2 a #200 78.8 #200 69.8 #200 87 4 ;! - REMARKS to COEFFICIENTS u_ ..- -..,_ _ • IZI oz • C° - - - , I w a w PROJECT Peariand.Pedestrian Bridges. PROJECT NUMBER: 01195038 00. . lierracon SITE. Old.Alvin Road 551 West League City Parkway CLIENT Gauge Engineering,LLC m Pearland,Texas League City Texas 'Houston,Texas 2 GRAIN SIZE DISTRIBUTION ASTM D422/ASTM C136 U.S.SIEVE OPENING IN INCHES I U.S.SIEVE NUMBERS I HYDROMETER 4 6 2 1,5 1 1/23/8 20 3 6 10 1416 30 50 60 100140 200 3 3/4 4 A , , 100 I ; I I -i Ill I T . I I .: 0 95 : , . 90 . .. _ ' - 10 .. , 85 . ; , . • . \\\L„...4., 80 • .. . , - . 20 • '• 75 . . •. •. , . . • • 70 ' :, 30 • • , 65 : • . , 60 x , X 0 55 • , . . : . , 0 m LT , • . z , .. ,. , • H >-.50 • . co : 50 0' ' • 0 • > ec . .zw 45 L.. ' 73 ,• • , co ir.. . • • • , 1 , x . . rzi-40 • • . . . , ? . 60 to : • " -< LiJ . 0 , r•i m Lu 1 30 • x 1- 70-4 a •. • O . W • g , , fc 25 V 20 , •- - 80 a I-- at , c'l 15 - . . : z • o •. , • . , ,. 90 I • , 5 . a. tl . 100 10 1 0.1 0.01 0.0d?0 n C71 GRAIN SIZE IN MILLIMETERS '<- NI GRAVEL SAND 00 COBBLES SILT OR CLAY z 7r coarse fine coarse I medium fine ec 12- o BORING ID DEPTH %COBBLES %GRAVEL 1 %SAND %SILT %FINES %CLAY USCS 0 >4 . B-2 4-6 0,0 0.0 1 18.6 34.7 467 1-. I B-2 8-10 0.0 0.0 72.0 109 17 1 a: ___ 0 a. w SY , GRAIN SIZE SIZE • .1 It 1 SOIL DESCRIPTION o i • F- -- mi --- Sieve %Finer4 Sieve 1%Fine Sieve 1%Finer Fc • 4- — ---. • D 0 143 281 0 #8 100.0 #40 100.01 , . — o r, 0. -4 #16 99.6 #50 99.8 Ce 0 009 0.151 1 #30 99.2 #100 49.4 a #40 99.1 #200 28.0 it:9 Dis - #50 990 < ce #100 96.0 COEFFICIENTS #200 81 4 REMARKS • 1 i ip C II 1- O C I z u w re < to i- u) PROJECT Pearland Pedestrian Bridges PROJECT NUMBER: 91195038 w 1- ›- lierracon SITE: Old Alvin Road 551 West League City Parkway CLIENT Gauge Engineering,LLC o Pearland,'Texas League City,Texas Houston,Texas l'' ALLOWABLE AXIAL CAPACITY CURVES Contents Drilled Shaft Axial Capacity Curves — Bridge No 2 at Old Alvin Road (Borings B-1 and B-2) Drilled Shaft Axial Capacity Curves — Bridge No 3 at Robinson Drive (Borings B-3 and B-4) -0-1 1 VVI'llVP11 IV III V/'11 1111.01 1 1 ,as. Win Core Version 3.3 County Brazoria Hole B-1 District Houston Highway Old Alvin Road Structure Pedestrian Bridge Date 10/15/2020 Control Not Provided Station 1+72.19 Grnd.Elev 43.66 ft Offset 57 47L GW'Elev. 32.66 ft 36 inch Drilled Shaft +43.655 Top Hole Elevation Disregard above hard strata disabled 45 ton Design Load +39.66 Disregard Elevation Pb: 2 Diameters Below Tip Checked Tip Elevation=1 18.16 Skin Friction Limit=1.3 tsf TCP Capacity Values Used 0.7 Soil Reduction Factor Used +43.7 w/o Point Bearing w/ Point Bearing 0 + 33.7 10 +23.7 20 E D e 13.7 30 e p v t h t) + 3.7 40 (Ft) -6.3 50 -16.3 60 -26.3 70 0 40 80 120 160 200 240 Foundation Capacity(Tons) C:\Users\wmmartin1OneDrive Terracon Consultants Inc Desktop\League CitylPedestrian Bridges\ReportULaboratoryi2\FinaltFedestrran Bridge at Old Alvin Road.CLG 1 %dr 6.1 imir inkI I II* 4160/'11 tI I I �dN WinCore Version :3 County Brazoria Hole B-1 District Houston Highway Old Alvin Road Structure Pedestrian Bridge_ Date 10/15/2020 Control Not Provided Station 1+72,19 Grnd:Elev 43.66 ft Offset 57 47L GIN Elev. 32.66 ft 48 inch Drilled Shaft +43.655 Top Hole Elevation Disregard above hard strata disabled 45 ton Design Load +39.66 Disregard Elevation Pb: 2 Diameters Below Tip Checked Tip Elevation=+21 16 Skin Friction Limit=1.3 tsf TCP Capacity Values Used 0.7 Soil Reduction Factor Used +43 7 w/o Point Bearing wl Point Bearing 0 + 33,7 10 + 23.7 - 20 E D 13.7 30 e p v h t) + 3..7 40 (Ft) -6.3 - 50 -16.3 60 -26,3 '70 0 80 160 240 320 400 480 Foundation Capacity(Tons) C:\Userstwmmartin\OneDrive Terracon Consultants IndiDesktop\League City\Pedestrian Bridges\Report Laborator- 2\Final\Pedestrian Bridge at.Old Alvin Road.CLG VV1\ILO/'11 IVIII VA1 AVI I 1 AlirE d� a WinCore Version 3.3 County Brazoria Hole B-2 District Houston Highway Old Alvin Road Structure Pedestrian Bridge Date 10/15/2020 Control Not Provided Station 2+80.46 Grnd.Elev 41.97 ft Offset 60.36L GW Elev. 25.97 ft 36 inch Drilled Shaft +41.969 Top Hole Elevation Disregard above hard strata disabled 45ton Design Load +37.97 Disregard Elevation Pb: 2 Diameters Below Tip Checked Tip Elevation=+18.47 Skin Friction Limit=1.3 tsf TCP Capacity Values Used 0.7 Soil Reduction Factor Used w/o Point Bearing w/ Point Bearing +42 0 + 32 10 + 22 20 E D 12 30 e p v t h t) + 2 40 (Ft) -8 50 -18 60 -28 70 0 40 80 120 160 200 240 Foundation Capacity(Tons) C:\Usenawmrnartin\OneDnve Terracon Consultants Inc\Desktop\League City\Pedestnan Bridges\Report\Laborator 2tFinallPedestnan Bridge at Old Alvin Road CLG VV11V I h.# Nrry r16160 11 I WinCore Version 3.3 County Brazoria Hole B-2 District Houston Highway Old Alvin Road Structure Pedestrian Bridge Date 10/15/2020 Control Not Provided Station 2+80.46 Grnd.Elev. 41.97 ft Offset 60.36L GW Elev. 25.97 ft 48 inch Drilled Shaft +41.969 Top Hole Elevation Disregard above hard strata disabled 45 ton Design Load +37,97 Disregard Elevation Pb: 2 Diameters Below Tip Checked Tip Elevation=+22.97 Skin Friction Limit=1.3 tsf TCP Capacity Values Used 0.7 Soil Reduction Factor Used +42 w/o Point,Bearing w/ Point Bearing 0 + 32 • 10 + 22 - 20 E D 12 30 e p v t h t) + 2 40 (Ft) • -8 50 -18 60 -28 70 0 80 160 240 320 400 •480 Foundation Capacity (Tons) C:\Users\wmmartin\O.neDrive Terracon consultants Inc\DeSktop\League City\Pedestrian Bridges\Report\4aboratoryl2\Final\Pedestrian Bridge atOld Alvin Road.CLG -f` I mho V Iry VA.I IV`I\ VAI A'VI I MTatyr:'C. WinCore Version 3.3 County Brazoria Hole B-3 District Houston Highway Robinson Drive Structure Pedestrian Bridge Date 10/15/2020 Control Not Provided Station 1+51.63 Grnd.Elev. 39.57 ft Offset 43.41R GWE1ev 16.07ft 36 inch Drilled Shaft. +39.574 Top Hole Elevation Disregard above hard strata disabled 45 ton Design Load +35.57 Disregard Elevation Pb: '2 Diameters Below Tip Checked Tip Elevation=+19.07 Skin Friction Limit=1.3 tsf TCP Capacity Values Used 0.7 Soil Reduction Factor Used + 39.6 w/o Point Bearing w/ Point Bearing 0 + 29 6 10 + 19.6 20 E D e 9.6 30 e p • V t h -0.4 40 t) (Ft) -10.4 50 -20.4 60 -30.4 70 0 40 80 120 160 200 240 Foundation Capacity(Tons) C:\Users\wmmartin4OneDriva Terracon Consultants Inc\Desktop\League City\Pedestrian EirtdgestReportkLaborstoryt2TinalTeclestrian Bridge at Robinson DrivaCLG I VVIrVAI IVIII VAI AVI 1 1 rrZ WinCore Version 3.3 County Brazoria Hole B-3 District Houston Highway Robinson Drive Structure Pedestrian Bridge Date 1 011 5120 2 0 Control Not Provided Station 1+51.63 Grnd.Elev 39.57 ft Offset 43.41R GW Elev. 16.07 ft 48 inch Drilled Shaft +39.574 Top Hole Elevation Disregard above hard strata disabled 45 ton Design Load +35.57 Disregard Elevation Pb: 2 Diameters Below Tip Checked Tip Elevation=+23.57 Skin Friction Limit=1.3 tsf TCP Capacity Values Used 0.7 Soil Reduction Factor Used + 39.6 w/o Point Bearing wl Point Bearing 0 +29.6 10 + 19.6 20 CE D e 9.6 30 e p v t h t) -0 4 40 (Ft) -10.4 50 -20.4 60 -30.4 70 0 80 160 240 320 400 480 Foundation Capacity(Tons) C\Users\wmmartntOneDrive Terracon Consultants Inc\Desktop\League City1Pedestrian Bridges\ReportiLaboratory121FinaltPedestnan Bridge at Robinson Drive CLG I e."va I I%#11 %#JIMA "1% i I I WinCore Version 3.3 County Brazorla Hole B-4 District Houston Highway Robinson Drive Structure Pedestrian Bridge Date 10/1412020 Control Not Provided Station 3+06.10 Grnd.Elev 41.92 ft Offset 38.46R GW Elev 18.42 ft 36 inch Drilled Shaft +41.918 Top Hole Elevation Disregard above hard strata disabled 45 ten Design Load +37:92 Disregard Elevation Pb. 2 Diameters Below Tip Checked Tip Elevation=+19.42 Skin Friction Limit=1.3 tsf TCP Capacity Values Used 0.7 Soil Reduction Factor Used +41..9 w/o Point Bearing w/Point Bearing 0 + 31.9 10 + 21.9 20 E D 11,9 30 e p v t h . ) + 1.9 40 (Ft) • -8.1 50 -18.1 60 -28.1 70 0 80 160 240 320 400 480 Foundation Capacity (Tons) C•\Userslwmmartin\OneDrive Terracon Consultants Inc\Desktop\League City\Pedestrian Bridges\ReportlLaboratory12\FinallPedestrian Bridge at Robinson Drive.CLG r .#va UI gm"rlr lours vror I #I I I WinCore Version 3.3 County Brazoria Hole B-4. District Houston Highway Robinson Drive Structure Pedestrian Bridge Date '10/14/2020 Control Not Provided Station 3+06.10 Grnd.Elev. 41.92 ft Offset 38.46R GW Elev. 18.42 ft 48 inch Drilled Shaft +41.918 Top Hole Elevation Disregard above hard strata disabled 45 ton Design Load +37.92 Disregard Elevation Pb: 2 Diameters Below Tip Checked Tip Elevation=+24 42. Skin Friction Limit=1.3 tsf TCP Capacity Values Used 0.7 Soil Reduction Factor Used 41.9 w/o Point Bearing wi Point Bearing 0 1 + 31.9 10 + 21.9 20 E D 11.9 30 1= p V t h t) + 1.9 40• (Ft) -8.1 50 -18.1 60 -28.1 70 0 80 160 240 320 400 480 Foundation Capacity(Tons) C:\Users\wrnmartin\OneDrive Terracor Consultants inctDesidop\Leaguia City\Pedestrian aridges\Reportlaboratoryi2Wna11Pedesttian Bridge at Robinson Drive CLG CITY OF PEARLAND TABLE OF CONTENTS Document 00010-T TABLE OF CONTENTS NOTE: Bold Specification Sections can be found on the City of Pearland Web Site at http://pearlandtx.gov/departments/engineering-and-capital-projects/engineering/standard- construction-documents (or at http://www.pearlandtx.gov/by going to the Department of Engineering, Engineering Construction Documents). Doc Page No. Document Title No. INTRODUCTORY INFORMATION 00010-T TxDOT Table of Contents .2-6 00015 List of Drawings 7-9 BIDDING REQUIREMENTS 00100 Invitation to Bid 10-13 00110-T Item 1L-LGPP Abbreviations&Definitions Supplement 14-24 00200 Instructions to Bidders .25-33 00200A-T Instructions to Bidders Appendix. LGPP Bid Checklist .34 00210-T Item 2L-LGPP Supplement to Instructions to Bidders .35-41 00300 Bid Proposal 42-44 00300A Bid Form 45-47 00310-T Item 3L-LGPP Award and Execution of the Contract 48-51 00456 Bidder's Certificate of Compliance with Buy America Program .52 00457 Conflict of Interest Questionnaire .53-54 CONTRACTING REQUIREMENTS AGREEMENT 00500 Standard Form of Agreement(LGPP) .55-61 00500A Standard Form of Agreement Appendix A. Title VI Nondiscrimination Assurances 62-63 00500B Standard form of Agreement Appendix B House Bill 89 Verification 64 00550 Ethics Certification Form 1295 65 BONDS AND CERTIFICATES 00610 Performance Bond 66-67 00611 Payment Bond 68-69 00612 One-Year Maintenance Bond 70-71 00615 Partial Waiver of Lien. 72-73 00015-1 Page 2 of 323 CITY OF PEARLAND TABLE OF CONTENTS GENERAL CONDITIONS 00700 General Conditions of Agreement 74-113 Attachment No 1 —Worker's Compensation Insurance Coverage 114-116 Attachment No 2—Agreement for Final Payment and Contractor's Sworn Release 117-120 Attachment No 3 —Owner's Insurance Requirements of Contractor 121-130 00770-T Item 4L-LGPP General Conditions & Scope of Work 131-136 00780-T Item 5L-LGPP General Conditions & Control of Work. 137-144 00790-T Item 6L-LGPP Control of Materials 145-150 00795-T Item 7L-LGPP Legal Relations and Responsibilities 151-163 00796-T Item 8L-LGPP Prosecution and Progress 164-175 00797-T Item 9L-LGPP Measurement and Payment 176-183 SUPPLEMENTARY CONDITIONS 00800 Special Conditions of Agreement 184-185 00811-T Wage Rates 186-190 00850-T TxDOT LGPP Requirements 191 • FHWA-1273 Required Contract Provisions 192-203 • Bidder Certification .204 • Buy America Provision. .205-206 • Buy America—Material Statement. .207 • Child Support Statement .208 • Child Support Business Ownership Form .209 • Contractor Acknowledgment of Stormwater Mgmt Program .210 • Contractor's Assurance .211 • Debarment Certification Appendix A .212-213 • Debarment Certification. .214 • Differing Site Conditions .215 • Disadvantaged Business Enterprise Requirements .216 • DBE Commitment Agreement Form .217 • DBE Material & Supplier Commitment Agreement Form .218 • DBE Substitution Request Form. .219 • DBE Commercially Useful Function Project Site Review .220-223 • DBE Trucking Credit Worksheet. .224 • DBE Good Faith Effort—Prime Contractor .225-229 • DBE Monthly Progress Report .230 • DBE/SBE Prompt Payment Certification .231 • DBE Prime Contractor Payments to Non-DBE Subcontractors .232 • DBE Final Report .233 • Equipment Rental Rates .234-235 • Lobbying Certification Forms. .236 • Statement for Loan Guarantees and Loan Insurance .237 • Non-Collusion Statement. .238 • Affidavit .239 • Payroll Verification Information. .240 00015-2 Page 3 of 323 CITY OF PEARLAND TABLE OF CONTENTS • Prison Produced Materials .241 • Railroad Insurance Provision(when work is in Railroad ROW) .242-243 • SBE Monthly Progress Report .244 • TxDOT Certificate of Insurance—Form 1560 .245-246 00900 Addendum .247 2014 LOCAL GOVERNMENT SPECIAL PROVISIONS SP000-001L- Schedule of Liquidated Damages .248 SP000-002L-Nondiscrimination .249-250 SP000-003L- Certification of Nondiscrimination in Employment. .251 SP000-004L-Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity(Executive Order 11246) .252-255 SP000-005L - Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) .256-259 SP000-394L - Disadvantaged Business Enterprise in Federal-Aid Contracts .260-266 SP002-011L- Instructions to Bidders .267 SP007-001 L- Legal Relations and Responsibilities .268-269 SP506-001L-Temporary Erosion, Sedimentation, and Environmental Controls .270-280 GENERAL NOTES 2014 TxDOT General Notes .281-283 City of Pearland General Notes .284 City of Pearland Project General Construction Notes .285-293 Brazoria Drainage District#4 General Notes .294-295 Utility Notes .296-297 2014 TxDOT SPECIAL SPECIFICATIONS SS4000 Prefabricated Pedestrian Steel Truss Bridge Span .298-300 Item 421 Hydraulic Cement Concrete .301-306 Item 426 Post-Tensiomng .307-309 Item 427 Surface Finishes for Concrete .310 Item 440 Reinforcement for Concrete .311 Item 441 Steel Structures .312-313 Item 442 Metal for Structures .314 Item 446 Field Cleaning and Painting Steel .315 Item 464 Reinforced Concrete Pipe .316 Item 465 Junction Boxes, Manholes, and Inlets. .317 00015-3 Page 4 of 323 CITY OF PEARLAND TABLE OF CONTENTS CITY OF PEARLAND SPECIFICATIONS DIVISION 1—GENERAL REQUIREMENTS 01100 Summary of Work 318-320 01140 Contractor's Use of Premises 01200 Measurement and Payment Procedures 01200S Measurement and Payment Procedure 321 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01380 Construction Photographs 01420 Referenced Standards 01430 Contractor's Quality Control 01440 Observation Services 01450 Testing Laboratory Services 01500 Temporary Facilities and Controls 01505 Mobilization 01550 Stabilized Construction Exit 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01561 Reinforced Filter Fabric Barrier 01562 Waste Material Disposal 01563 Tree and Plant Protection 01564 Control of Ground Water and Surface Water 01565 TPDES Requirements 01566 Source Controls for Erosion and Sedimentation 01570 Trench Safety System 01580 Project Identification Signs 01600 Material and Equipment 01630 Product Options and Substitutions 01720 Field Surveying 01750 Starting Systems 01760 Project Record Documents 01770 Contract Closeout DIVISION 2—SITE WORK 02200 Site Preparation 02220 Site Demolition 02252 Cement Stabilized Sand 02255 Bedding,Backfill, and Embankment Materials 02316 Excavation and Backfill for Roadways 02317 Excavation and Backfill for Structures 02318 Excavation and Backfill for Utilities 02330 Embankment 02335 Subgrade 00015-4 Page 5 of 323 CITY OF PEARLAND TABLE OF CONTENTS 02370 Geotextile 02510 Water Mains 02511 Water Meters 02515 Water Tap and Service Line Installation 02520 Valve Boxes,Meter Boxes & Meter Vaults 02534 PVC Pipe 02582 Thermoplastic Pavement Markings 02603 Frames, Grates,Rings, and Covers 02630 Storm Sewers 02631 Precast Inlets,Headwalls, and Wingwalls 02751 Concrete Pavement 02762 Temporary and Removable Reflectorized Pavement Marking 02770 Curb, Curb & Gutter, and Headers 02771 Concrete Sidewalks 02910 Topsoil 02921 Hydromulch Seeding 02922 Sodding 02931 Landscape and Tree Planting 02980 Pavement Repair and Resurfacing 02981 Blast Cleaning of Pavement 02987 Raised Pavement Markers. 322-323 DIVISION 3—CONCRETE 03300 Cast In Place Concrete 03310 Structural Concrete END OF DOCUMENT 00015-5 Page 6 of 323 CITY OF PEARLAND LIST OF DRAWINGS Document 00015 LIST OF DRAWINGS Page No Drawing Title 1 TITLE SHEET 2 INDEX OF SHEETS 3—5 PROJECT LAYOUT 6—8 EXIST TYPICAL SECTIONS 9 PROPOSED TYPICAL SECTIONS 10—11 GENERAL CONSTRUTION NOTES 12 BDD4 NOTES AND PRIVATE UTILITY NOTES 13A- 13D HOUSTON DISTRICT MASTER GENERAL NOTES 14- 15 SUMMARY OF QUANTITIES 16 SUMMARY OF BRIDGE QUANTITIES 17 SEQUENCE OF CONSTRUCTION 18 TCP NOTES CHANNALIZING DEVICES AND BARRICADES(COH) 19 TCP ONE LANE CLOSURE PHASE 1&2 (COH) 20 TCP TYPICAL 3-WAY INTERSECTION PHASE 1 OF 21 TCP TYPICAL 3-WAY INTERSECTION PHASE 2 OF 22 TCP TYPICAL 3-WAY INTERSECTION PHASE 3 OF 23 TCP TYPICAL 4-WAY INTERSECTION PHASE 1 OF 24 TCP TYPICAL 4-WAY INTERSECTION PHASE 2 OF 25 TCP TYPICAL 4-WAY INTERSECTION PHASE 3 OF 26 TCP TYPICAL 4-WAY INTERSECTION PHASE 4 OF 27—28 McLEAN RD 29 VETERANS DR 30 OLD OAKS BOULEVARD 31—34 FITE RD 35-37 HARKEY RD 38-39 JOSEPHINE DR 40 McHARD RD 41—42 PEARLAND PKWY 43 OLD ALVIN RD 44 OLD ALVIN RD FLOODPLAIN FILL OVERALL LAYOUT 45-47 OLD ALVIN BRIDGE CROSS SECTIONS FLOODPLAIN CUT/FILL 48 OLD ALVIN BRIDGE LAYOUT OVER HICKORY SLOUGH 49-51 OLD ALVIN ROAD ABUTMENT DETAILS CONCRETE RIPRAP AND SHOULDER DRAINS ENBARKMENTS AT BRIDGE ENDS(TYPES RR8 52 & RR9) 53—54 COMMON FOUNDATION DETAILS 55-56 KNAPP RD 57 ROBINSON DR 00015-6 Page 7 of 323 CITY OF PEARLAND LIST OF DRAWINGS 58 GLASTONBURY DR 59 SURVEY CONTROL INDEX SHEET(FITE RD) 60 HORIZONTAL AND VERTICAL CONTROL SHEET(FITE RD) 61 SURVEY CONTROL INDEX SHEET(HARKEY RD) 62 HORIZONTAL AND VERTICAL CONTROL SHEET(HARKEY RD) 63 SURVEY CONTROL INDEX SHEET(McLEAN RD) 64 HORIZONTAL AND VERTICAL CONTROL SHEET(McLEAN RD) 65 SURVEY CONTROL INDEX SHEET(PEDESTRAIN BRIDGE AT OLD ALVIN RD) 66 HORIZONTAL AND VERTICAL CONTROL SHEET(PEDESTRAIN BRIDGE AT OLD ALVIN OLD RD) 67 SURVEY CONTROL INDEX SHEET(UNION VALLEY DR—ROBINSON DR—GLASTONBURY DR CORRIDOR) 67A SURVEY CONTROL INDEX SHEET(UNION VALLEY DR—ROBINSON DR—GLASTONBURY DR CORRIDOR) 67B SURVEY CONTROL INDEX SHEET(UNION VALLEY DR—ROBINSON DR—GLASTONBURY DR CORRIDOR) 67C HORIZONTAL AND VERTICAL CONTROL SHEET(UNION VALLEY DR—ROBINSON DR— GLASTONBURY DR CORRIDOR) 67D HORIZONTAL AND VERTICAL CONTROL SHEET(UNION VALLEY DR—ROBINSON DR— GLASTONBURY DR CORRIDOR) 68-71 HORIZONTAL ALIGNMENT DATA 72 PROPOSED TYPICAL CULVERT DETAILS 73 SLOTTED CURB AND MAIL BOX DETAILS 74 DRIVEWAY DETAILS 75 CONCRETE TOE WALL DETAILS 76—77 STREET PAVING AND SIDEWALK 02775-02 THROUGH 0775-07 78 DRIVEWAY DETAIL 79—81 PEDESTRIAN HANDRAIL DETAILS- PRD-13 (TxDOT) 82—87 DRAINAGE AREA MAP 88 VETERANS DR CULVERT LAYOUT 89 MISCELLANEOUS DETAILS 90 4" CONCRETE RIPRAP DETAIL 91 BOX CULVERT SUPPLEMNET WINGS AND END TREATMENTS-BCS(TxDOT) 92 BEDDING AND BACKFILL STORM SEWER 93 CONCRETE WINGWALLS WITH STRAIGHT WINGS FOR 0°SKEW BOX CULVERTS-SW-0 (TxDOT) 94 TYPE A INLET STORM SEWER DETAIL 95 MISCELLANEOUS SEWER DETAILS- MSD (HOU DIST) 96 SAFETY END TREATMENT FOR 12" DIA TO 72" DIA PIPE CULVERTS TYPE II—PARALLEL DRAINAGE-SETP-PD (TxDOT) 97—98 SAFETY END TREATMENT FOR BOX CULVERTS(MAXIMUM Hw=7'-0")TYPE I—PARALLEL DRAINAGE-SETB-PD(TxDOT) 99- 100 SAFETY END TREATMENT FOR 0°SKEW BOX CULVERTS (MAXIMUM Hw=7'-0")TYPE I— CROSS DRAINAGE-SETB-CD (TxDOT) 101 McLEAN RD SIGNING AND PAVEMENT MARKING LAYOUT 00015-7 Page 8 of 323 CITY OF PEARLAND LIST OF DRAWINGS 102 VETERANS DR SIGNING AND PAVEMENT MARKING LAYOUT 103 FITE RD SIGNING AND PAVEMENT MARKING LAYOUT 104 HARKEY RD SIGNING AND PAVEMENT MARKING LAYOUT 105 KNAPP RD SIGNING AND PAVEMENT MARKING LAYOUT 106 TYPICAL CROSSWALK DETAIL(COH) 107 TWO-WAY LEFT-TURN LANE DETAIL 1 (COH) 108 STANDARD PAVEMENT MARKINGS WITH REFLECTIVE RAISED PAVEMENT MARKERS FOR POSITION GUIDANCE (COH) 108A—108C ENVIRONMENTAL PERMITS ISSUES AND COMMITMENTS—EPIC(HOU DIST) 109—110 SWPPP LAYOUTS(McLEAN ROAD) 111 SWPPP LAYOUTS(VETERANS DRIVE) 112 SWPPP LAYOUTS(OLD OAK BOULVARD) 113- 116 SWPPP LAYOUTS (FITE ROAD) 117—119 SWPPP LAYOUTS (HARKEY ROAD) 120—121 SWPPP LAYOUTS(JOSEPHINE DRIVE) 122—123 SWPPP LAYOUTS(PEARLAND PARKWAY) 124 SWPPP LAYOUTS (OLD ALVIN ROAD) 125—126 SWPPP LAYOUTS (KNAPP ROAD) 127 SWPPP LAYOUTS (ROBINSON DRIVE) 128 SWPPP LAYOUTS(GLASTONBURY DRIVE) 129 TEMPORARY EROSION SEDIMENT AND WATER POLLUTION CONTROL MEASURES FENCE &VERTICAL TRACKING—EC(1)-16(TxDOT) 130 TEMPORARY EROSION SEDIMENT AND WATER POLLUTION CONTROL MEASURES ROCK FILTER DAMS—EC(2)-16 (TxDOT) 131 EROSION CONTROL LOG—ECL-12 (HOU DIST) 132—147 CROSS SECTION SHEETS 00015-8 Page 9 of 323 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID (LGPP) CITY OF PEARLAND, TEXAS Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: 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 Annex located at 3523 Liberty Drive, Pearland, Texas 77581 Electronic bids will be accepted until 2:00 p.m., Thursday, June 09, 2022. 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: Pearland Safe Routes to School City of Pearland, Texas CSJ NO. 0912-31-318 COP PN: TR 1602 BID NO.: ITB 0422-12 An in-person mandatory pre-bid conference will be held at the City of Pearland City Hall Council Chamber at 3519 Liberty Drive, Pearland, Texas 77581 at 11:00 p.m. on Thursday, May 26, 2022. The project will entail the Construction of 5-to 6-FT sidewalks with slotted curb along Mclean Rd from Village Creek Dr to Springfield Ave, Veterans Dr at Cowart Crek, Veterans at Springfield Ave, Veterans at Stonebndge Dr, Old Alvin Rd at McHard Rd, Pearland Pkwy from McHard Rd to Hidden Glen Ln, Knapp Rd from Glenda Street to Old Alvin Rd, Old Alvin Rd from Knapp Rd to just south of Knapp Rd, Glastonbury Dr from Robinson Dr to approximately 350' west, Old 7-2018 00100- 1 of 4 Page 10 of 323 CITY OF PEARLAND INVITATION TO BID Oaks Blvd, Fite Rd from east of Harkey Rd to Centennial Village Dr, Harkey Rd from Fite Rd to Josephine Dr, and Josephine Dr from Harkey Rd to Wagon Trial Rd.The work includes regardmg swales with safety end treatments, riprap ditches, driveway reconstruction, installation of 20-LF of 7'x7' storm sewer boxes and pavement markings. Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to,all transmittals and material submittals,RFI's,RFC's,Change Orders, Applications for Payment and all project communications with the City,its Construction Manager and Engineer This system has certain hardware, Internet access and operation requirements that form the basis for all project communications,documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200 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. 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 CivCast USA https.//www civcastusa.com 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) 7-2018 00100-2 of 4 Page 11 of 323 CITY OF PEARLAND INVITATION TO BID Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. Bidders submitting bids electronically through the E-bid System shall scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to Office of City Purchasing, Finance Department, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581 The successful Bidder must furnish Performance and Payment Bonds as required 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 pnce, 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. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, if requested to do so As required by the Instructions to Bidders and as a condition of Bid acceptability, the Contractor hereby agrees. • That the Prime Contractor, the entity named herein as the Bidder, will perform thirty percent(30%)or more of the work of the Contract and that this will be reflected in monthly pay applications, • That the City,as Owner and Contract Administrator,retains the right to review and approve Contractor's and all Subcontractors' DBE Certifications and to reject any Bid or Subcontractor failing to meet these requirements, and • That the City,as Owner and Contract Administrator,retains the right to review and approve the Contractor's and all Subcontractors' qualifications to perform the Work of the Contract and to reject any Subcontractor not meeting the City's standards,as outlined in the General Conditions, or TxDOT's and FHWA qualifications for performing the Work. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color,religion, sex, or national 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. 7-2018 00100-3 of 4 Page 12 of 323 CITY OF PEARLAND INVITATION TO BID DBE/SBE Goal: The Disadvantaged Business Enterprise(DBE) goal for this project is 5%. The Small Business Enterprise (SBE) goal for this project is 0%. DBEs and SBEs selected must be TxDOT approved. Race neutral participation is encouraged and can be achieved through various supplier and subcontracting opportunities. Selection Criteria: The Contract is to be awarded on the basis of Lowest Responsible and Responsive Bidder In identifying this criteria the City will consider 1)lowest total bid price for all work listed and specifically requested,including but not limited to Base Bid,Extra Work items and selected Alternates. The City of Pearland reserves the right to award a contract the low Bidder as determined by "Tabulating Bids."The Owner will award a Contract to the second lowest Bidder when the following requirements have been met: 1)The low Bidder withdraws its bid. 2)The low Bidder fails to enter into a contract with the Owner after Award. 3) The Low Bidder's unit bid prices are unreasonable. Rejection.The City of Pearland will reject the Contract if: Collusion may have existed among the Bidders. Collusion participants will not be allowed to bid future bids for the same Contract. The low bid is mathematically and materially unbalanced. The Bidder will not be allowed to bid future bids for the same Contract. The lowest bid is higher than the Owner's estimate and re- advertising for bids may result in a lower bid. Rejection of the Contract is in the best interest of the City of Pearland. 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 May 18, 2022 Second Publication date May 25, 2022 7-2018 00100-4 of 4 Page 13 of 323 Item 1 L Abbreviations and Definitions 1 APPLICABILITY Wherever the following terms are used in these specifications or other Contract documents,the intent and meaning will be interpreted as shown below. 2. ABBREVIATIONS MR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association Al Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSC American Lumber Standard Committee, Inc. AMRL AASHTO Materials Reference Laboratory ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA The Engineered Wood Association API American Petroleum Institute APWA American Public Works Association AREMA American Railway Engineering and Maintenance-of-Way Association ASBI American Segmental Bridge Institute ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASNT American Society for Nondestructive Testing ASTM American Society for Testing and Materials AWC American Wood Council AWG American Wire Gage AWPA American Wood Protection Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BMP Best Management Practices CFR Code of Federal Regulations CMP Corrugated Metal Pipe COE U S.Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute DBE Disadvantaged Business Enterprise DMS Departmental Material Specification EIA Electronic Industries Alliance EPA United States Environmental Protection Agency FHWA Federal Highway Administration,U.S. Department of Transportation FSS Federal Specifications and Standards(General Services Administration) GSA United States General Services Administration HUB Historically Underutilized Business ICEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronics Engineers IESNA Illuminating Engineering Society of North America Page 14 of 323 IMSA International Muniapal Signal Association ISO International Organization for Standardization ITS Intelligent Transportation System ITE Institute of Transportation Engineers LG Local Government LRFD Load and Resistance Factor Design MASH Manual for Assessing Safety Hardware MPL Material Producer List(TxDOT document) NCHRP National Cooperative Highway Research Program NCR Nonconformance Report(TxDOT form) NEC National Electrical Code(Published by NFPA) NEMA National Electrical Manufacturers Association NEPA National Environmental Policy Act NESC National Electrical Safety Code NFPA National Fire Protection Association NIST National Institute of Standards and Technology NRM Nonhazardous Recyclable Material NRMCA National Ready Mixed Concrete Association NSBA National Steel Bridge Alliance NTPEP National Transportation Product Evaluation Program OSHA Occupational Safety&Health Administration,U S.Department of Labor PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute PE Professional Engineer PPI Plastics Pipe Institute PS&E Plans,Specifications,and Estimates PSL Project-Specific Location PTI Post-Tension Institute QA Quality Assurance QC Quality Control RCP Reinforced Concrete Pipe RPLS Registered Public Land Surveyor RRC Railroad Commission of Texas SBE Small Business Enterprise SFPA Southern Forest Products Association SI International System of Units SPIB Southern Pine Inspection Bureau SSPC The Society for Protective Coatings TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TDLR Texas Department of Licensing and Regulation TGC Texas Government Code TMUTCD Texas Manual on Uniform Traffic Control Devices TxDOT Texas Department of Transportation UL Underwriters Laboratory, Inc. USC United States Code WRI Wire Reinforcement Institute WWPA Western Wood Products Association 3. DEFINITIONS 3.1 Abrasive Blasting.Spraying blasts of pressurized air combined with abrasive media. 3.2. Actual Cost.Contractor's actual cost to provide labor,material,equipment,and project overhead necessary for the work. 3.3. Addendum.Change in bid documents developed between advertising and bid submittal deadline. Page 15 of 323 3.4 Additive Alternate.A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item.The additive alternate items include work that may be added to the base bid work. 3.5. Deductive Alternate. A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item.The deductive alternate items include work that may be deducted from the base bid work. 3.6. Advertisement.The public announcement required by law inviting bids for work to be performed or materials to be furnished. 3.7 Affiliates.Two or more firms are affiliated if they share common officers,directors,or stockholders;a family member of an officer,director,or stockholder of one firm serves in a similar capacity in another of the firms; an individual who has an interest in,or controls a part of,one firm either directly or indirectly also has an interest in,or controls a part of,another of the firms;the firms are so closely connected or associated that one of the firms,either directly or indirectly,controls or has the power to control another firm;one firm controls or has the power to control another of the firms;or the firms are closely allied through an established course of dealings,including,but not limited to,the lending of financial assistance. 3.8. Air Blasting.Spraying blasts of pressurized air free of oil and moisture. 3.9. Air Temperature.The temperature measured in degrees Fahrenheit(°F)in the shade, not in the direct rays of the sun,and away from artificial heat. 3.10. Anticipated Profit. Profit for work not performed. 3.11 Apparent Low Bidder The Bidder determined to have the numerically lowest total bid as a result of the tabulation of bids by the Owner 3.12. Architect of Record.A person registered as an architect or licensed as a landscape architect, in accordance with State law,exercising overall responsibility for the design or a significant portion of the design and performs certain Contract administration responsibilities as described in the Contract; or a firm employed by the Owner to provide professional architectural services. 3.13. Arterial Highway A highway used primarily for through traffic and usually on a continuous route. 3.14 Notice of Award.The Owner's acceptance of a Contractor's bid for a proposed Contract that authorizes the Owner to enter into a Contract. 3.15. Base Bid.The total bid amount without additive alternates. 3.16. Bid.The offer from the Bidder for performing the work described in the bid documents,submitted on the prescribed bid form,considering addenda issued and giving unit bid prices for performing the work described in the bid documents. 317 Bid Bond.The security executed by the Contractor and the Surety furnished to the Owner to guarantee payment of liquidated damages if the Contractor fails to enter into an awarded Contract. 3.18. Bid Documents.The complete set of documents necessary for a Bidder to submit a bid.The documents may include plans,specifications,special specifications,special provisions,addenda,and the prescribed form a Bidder is to submit as the Bid.Other terms used may include standard form of agreement,general conditions, proposal,instructions to bidders,and construction specifications. 3.19 Bid Error A mathematical mistake made by a Bidder in the unit price entered into the bid documents. 3.20 Bid Form.The portion of the bid documents that a prospective Bidder must submit to the Owner for their bid to be considered. Page 16 of 323 3.21 Bidder An individual, partnership,limited liability company,corporation,or joint venture submitting a bid for a proposed Contract. 3.22. Blast Cleaning.Using one of the blasting methods,including,but not limited to,water blasting,low-pressure water blasting, high-pressure water blasting, abrasive blasting,water-abrasive blasting,shot blasting,slurry blasting,water injected abrasive blasting,and brush blasting. 3.23. Bridge.A structure,including supports,erected over a depression or an obstruction(e.g.,water, a highway, or a railway)having a roadway or track for carrying traffic or other moving loads,and having an opening measured along the center of the roadway of more than 20 ft.between faces of abutments,spring lines of arches,or extreme ends of the openings for multiple box culverts. 3.24 Brush Blasting. Sweeping lightly with an abrasive blast to remove loose material. 3.25. Building Contract.A Contract entered under State law for the construction or maintenance of an Owner building or appurtenance facilities.Building Contracts are considered to be construction Contracts. 3.26. Certificate of Insurance.A form approved by the Owner covering insurance requirements stated in the Contract. 3.27 Change Order Written order to the Contractor detailing changes to the specified work, item quantities or any other modification to the Contract. 3.28. Concrete Construction Joint.A joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set. 3.29. Concrete Repair Manual TxDOT manual specifying methods and procedures for concrete repair as an extension of the standard specifications. 3.30. ConcreteWorks©.TxDOT-owned software for concrete heat analysis. Software is available on the TxDOT's website. 3.31 Construction Contract.A Contract entered under State law for the construction, reconstruction,or maintenance of a segment of the Owner's transportation system. 3.32. Consultant.The licensed professional engineer or engineering firm,or the architect or architectural firm, registered in the State of Texas and under Contract to the Owner to perform professional services.The consultant may be the Engineer or architect of record or may provide services through and be subcontracted to the Engineer or architect of record. 3.33. Contract.The agreement between the Owner and the Contractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 3.34 Contract Documents. Elements of the Contract, including,but not limited to,the plans,specifications incorporated by reference,special provisions,special specifications, Contract bonds,change orders, addendums, standard form of agreement,general conditions,certificate of insurance,and supplemental agreements. 3.35. Contract Time.The number of days specified for completion of the work,including authorized additional working days. 3.36. Contractor The individual,partnership,limited liability company,corporation, or joint venture and all principals and representatives with which the Contract is made by the Owner 3.37 Controlled Access Highway Any highway to or from which access is denied or controlled,in whole or in part,from or to abutting land or intersecting streets,roads,highways, alleys,or other public or private ways. Page 17 of 323 3.38. Control of Access.The condition in which the right to access of owners or occupants of abutting land or other persons in connection with a highway is fully or partially controlled by public authority 3.39 Control Point.An established point shown on the plans to provide vertical and horizontal references for geometric control for construction. 3.40 Cross-Sections.Graphic representations of the original ground and the proposed facility,at right angles to the centerline or base line. 3.41 Culvert.Any buried structure providing an opening under a roadway for drainage or other purposes.Culverts may also be classified as bridges.(See Section 1.3.23.,"Bridge.") 3.42. Cycle.The activity necessary for performing the specified work within the right of way project limits once. 3.43. Daily Road-User Cost. Damages based on the estimated daily cost of inconvenience to the traveling public resulting from the work. 3.44 Date of Written Authorization. Date of the written Notice to Proceed authorizing the Contractor to begin work. 3.45. Debar(Debarment).Action taken by the Owner,State, or federal government pursuant to regulation that prohibits a person or company from entering into a Contract,or from participating as a subcontractor,or supplier of materials or equipment used in a highway improvement Contract as defined in local,state,or federal law 3.46. Detour A temporary traffic route around a closed portion of a road. 3.47 Department.When used in the context of the party with whom the Contractor has a Construction Contract, Department refers to Owner When used in other contexts such as technical specifications,refers to the Texas Department of Transportation. 3.48. Departmental Material Specifications. Reference specifications for various materials published by TxDOT's Construction Division with a DMS-XXXXX numbering system. 3.49 Direct Traffic Culvert. Concrete box culvert whose top slab is used as the final riding surface or is to have an overlay or other riding surface treatment. 3,50 Disadvantaged Business Enterprise.A small business certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26,that is at least 51%owned by one or more socially and economically disadvantaged individuals,or in the case of a publicly owned business, in which is at least 51% of the stock is owned by one or more socially and economically disadvantaged individuals,and whose management and daily business operations are controlled by one or more of the individuals who own it. 3.51 Divided Highway A highway with separate roadways intended to move traffic in opposite directions. 3.52. Easement.A real property right acquired by one party to use land belonging to another party for a specified purpose. 3.53. Engineer The Professional Engineer licensed in Texas who represents the interests of the Owner 3.54 Entity Political subdivision for which the project is designed and constructed.Either a Municipality(City)or a County or other entity organized under the authority of State of Texas statutes.May also be referred to as an Owner 3.55. Expressway A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. Page 18 of 323 3.56. Family Member A family member of an individual is the individual's parent, parent's spouse,step-parent, step-parent's spouse,sibling,sibling's spouse,spouse,child,child's spouse,spouse's child,spouse's child's spouse, grandchild,grandparent,uncle, uncle's spouse, aunt,aunt's spouse,first cousin,or first cousin's spouse. 3.57 Force Account. Payment for directed work based on the actual cost of labor,equipment, and materials furnished with markups for project overhead and profit. 3.58. Freeway An expressway with full control of access. 3.59 Frontage Road.A local street or road auxiliary to and located along an arterial highway for service to abutting property and adjacent areas and for control of access(sometimes known as a service road,access road,or insulator road). 3.60 Hazardous Materials or Waste. Hazardous materials or waste include, but are not limited to, explosives, compressed gas,flammable liquids,flammable solids,combustible liquids,oxidizers, poisons,radioactive materials,corrosives,etiologic agents, and other material classified as hazardous by 40 CFR 261,or applicable state and federal regulations. 3.61 High-Pressure Water Blasting.Water blasting with pressures between 5,000 and 10,000 psi. 3.62. Highway,Street,or Road.General terms denoting a public way for purposes of vehicular travel,including the entire area within the right of way Recommended usage in urban areas is highway or street;in rural areas,highway or road. 3.63. Historically Underutilized.Business.A corporation,sole proprietorship,partnership,or joint venture formed for the purpose of making a profit certified by the Texas Comptroller of Public Accounts, and 51%owned by one or more persons who are economically disadvantaged because of their identification as members of certain groups,including African Americans, Hispanic Americans,Asian-Pacific Americans, Native Americans,or women,and have a proportionate interest and demonstrate active participation in the control, operation,and management of the business'affairs. Individuals meeting the HUB definition are required to be residents of the State of Texas. Businesses that do not have their primary headquarters in the State of Texas are not eligible for HUB certification. 3.64 IncentivelDisincentive Provisions An adjustment to the Contract price of a predetermined amount for each day the work is completed ahead of or behind the specified milestone,phase,or Contract completion dates.The amount of the incentive/disincentive is determined based on estimated costs for engineering, traffic control,delays to the motorists,and other items involved in the Contract. 3.65. Independent Assurance Tests.Tests used to evaluate the sampling and testing techniques and equipment used in the acceptance program.The tests are performed by the Owner or the Owner's representative and are not used for acceptance purposes. 3.66. Inspector The person assigned by the Owner to inspect any or all parts of the work and the materials used for compliance with the Contract. 3.67 Intelligent Transportation System.An integrated system that uses video and other electronic detection devices to monitor traffic flows. 3.68. Intersection.The general area where 2 or more highways,streets,or roads join or cross,including the roadway and roadside facilities for traffic movements within it. 3.69 Island.An area within a roadway from which vehicular traffic is intended to be excluded,together with any area at the approach occupied by protective deflecting or warning devices. Page 19 of 323 3.70. Joint Venture.Any combination of individuals, partnerships,limited liability companies, or corporations submitting a single bid form. 3.71 Lane Rental.A method to assess the Contractor daily or hourly rental fees for each lane,shoulder,or combination of lanes and shoulders taken out of service. 3.72. Letting.The receipt,opening,tabulation,and determination of the apparent low Bidder 3.73. Letting Official The Owner representative empowered by the Owner to officially receive bids and close the receipt of bids at a letting. 3.74 Licensed Professional Engineer A person who has been duly licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in the State of Texas; also referred to as a Professional Engineer 3.75 Limits of Construction An area with established boundaries, identified within the highway right of way and easements,where the Contractor is permitted to perform the work. 3.76. Local Street or Road.A street or road primarily for access to residence, business,or other abutting property 3.77 Low-Pressure Water Blasting.Water blasting with pressures between 3,000 and 5,000 psi. 3.78. Major Item.An item of work included in the Contract that has a total cost equal to or greater than 5%of the original Contract or$100,000 whichever is less.A major item at the time of bid will remain a major item.An item not originally a major item does not become one through the course of the Contract. 3.79 Material Producer List.TxDOT-maintained list of approved products. Referenced as"Department's MPL" 3.80. Materially Unbalanced Bid.A bid that generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the Owner 3.81 Mathematically Unbalanced Bid.A bid containing bid prices that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit,overhead costs, and other indirect costs. 3.82. Median.The portion of a divided highway separating the traffic lanes in opposite directions. 3.83. Milestone Date.The date that a specific portion of the work is to be completed,before the completion date for all work under the Contract. 3.84 Monolithic Concrete Placement.The placement of plastic concrete in such manner and sequence to prevent a construction joint. 3.85. National Holidays.January 1,the last Monday in May,July 4,the first Monday in September,the fourth Thursday in November, and December 24 or December 25. 3.86. Nonhazardous Recyclable Material.A material recovered or diverted from the nonhazardous waste stream for the purposes of reuse or recycling in the manufacture of products that may otherwise be produced using raw or virgin materials. 3.87 Nonresident Bidder A Bidder whose principal place of business is not in Texas.This includes a Bidder whose ultimate parent company or majority owner does not have its principal place of business in Texas. 3.88. Nonresponsive Bid.A bid that does not meet the criteria for acceptance contained in the bid documents. Page 20 of 323 3.89. Non-Site-Specific Contracts.Contracts in which a geographic region is specified for the work and for which work orders,with or without plans,further detail the limits and work to be performed. 3.90. Notice to Proceed,Written notification to the Contractor authorizing work to begin. 3.91 Notification. Either written or oral instruction to the Contractor concerning the work.Voice mail is oral notification. 3.92. Owner,Political subdivision for whom the project is designed and constructed.Either a Municipality(City),a County or other dntity organized under the authority of State of Texas statutes. May also be referred to as an Entity 3.93. Pavement.That part of the roadway having a constructed surface for the use of vehicular traffic. 3.94 Pavement Structure.Combination of surface course and base course placed on a subgrade to support the traffic load and distribute it to the roadbed. 3.941 Surface Course.Pavement structure layers designed to accommodate the traffic load.The top layer resists skidding,traffic abrasion,and the disintegrating effects of climate and is sometimes called the wearing course. 3.94.2. Base Course.One or more layers of specified material thickness placed on a subgrade to support a surface course. 3.94 3. Subgrade.The top surface of a roadbed upon which the pavement structure,shoulders,and curbs are constructed. 3.94 4 Subgrade Treatment.Modifying or stabilizing material in the subgrade. 3.95. Payment Bond.The security executed by the Contractor and the Surety,furnished to the Owner to guarantee payment of all legal debts of the Contractor pertaining to the Contract. 3.96. Performance Bond.The security executed by the Contractor and the Surety,furnished to the Owner to guarantee the completion of the work in accordance with the terms of the Contract. 3.97 Plans.The approved drawings,including true reproductions of the drawings that show the location, character,dimensions,and details of the work and are a part of the Contract. 3.98. Power of Attorney for Surety Bonds.An instrument under corporate seal appointing an attorney-in-fact to act on behalf of a Surety in signing bonds. 3.99. Qualification.The process for determining a Contractor's eligibility to be awarded a construction contract 3.100. Qualification Statement.The forms on which required information is furnished concerning the Contractor's ability to perform and finance the work. 3.101 Prequalified Contractor A contractor that is approved to bid on TxDOT contracts by satisfying their Prequalification Process. 3.102. Post Qualfication.The owner will determine if contractors are qualified to bid on the project after bids are open. The bid documents will identify the minimum requirements that contractor must meet to be qualified for the project. Unqualified contractors'bids will be considered non-responsive and not accepted. 3.103. Project-Specific Location.A material source, plant,waste site, parking area,storage area,field office, staging area,haul road,or other similar location either outside the project limits or within the project limits but not specifically addressed in the Contract. Page 21 of 323 3.104 Proposal Guaranty The security furnished by the Bidder as a guarantee that the Bidder will enter into a Contract if awarded the work. 3.105. Quality Assurance.Sampling,testing,inspection,and other activities conducted by the Engineer to determine payment and make acceptance decisions. 3.106. Quality Control. Sampling,testing, and other process control activities conducted by the Contractor to monitor production and placement operations. 3.107 Ramp.A section of highway for the primary purpose of making connections with other highways. 3.108. Referee Tests.Tests requested to resolve differences between Contractor and Owner test results.The referee laboratory is the Owners 3.109. Regular Item.A bid item contained in the bid documents and not designated as an additive alternate or replacement alternate bid item. 3.110. Rental Rate Blue Book for Construction Equipment.Publication containing equipment rental rates. 3.111 Replacement Alternate.A bid item identified on the bid documents that a Bidder may substitute for a specific regular item of work. 3.112. Responsive Bid.A bid that meets all requirements of the advertisement and the bid documents for acceptance. 3.113. Right of Way A general term denoting land or property devoted to transportation purposes. 3.114 Roadbed.The graded portion of a highway prepared as foundation for the pavement structure and shoulders.On divided highways,the depressed median type and the raised median type highways are considered to have 2 roadbeds. Highways with a flush median are considered to have 1 roadbed.Frontage roads are considered separate roadbeds. 3.115. Road Master A railroad maintenance official in charge of a division of railway 3.116. Roadside.The areas between the outside edges of the shoulders and the right of way boundaries.Unpaved median areas between inside shoulders of divided highways and areas within interchanges are included. 3.117 Roadway The portion of the highway(including shoulders)used by the traveling public. 3.118. Sandblasting,Dry Spraying blasts of pressurized air combined with sand. 3.119 Sandblasting,Wet.Spraying blasts of pressurized water combined with sand. 3.120. Shoulder That portion of the roadway contiguous with the traffic lanes for accommodation of stopped vehicles for emergency use or for lateral support of base and surface courses. 3.121 Shot Blasting.Spraying blasts of pressurized air combined with metal shot. 3.122. Sidewalk.Portion of the right of way constructed exclusively for pedestrian use. 3.123. Slurry Blasting. Spraying blasts of pressurized air combined with a mixture of water and abrasive media. 3.124 Special Provisions.Additions or revisions to these standard specifications or special specifications. 3.125. Special Specifications. Supplemental specifications applicable to the Contract not covered by these standard specifications. Page 22 of 323 3.126. Specifications.Directives or requirements issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the Contract.References to DMSs,ASTM or AASHTO specifications,or TxDOT bulletins and manuals,imply the latest standard or tentative standard in effect on the date of the bid.The Owner will consider incorporation of subsequent changes to these documents in accordance with Item 4L, "Scope of Work." 3 127 Small Business Enterprise.A firm(including affiliates)whose annual gross receipts do not exceed the U.S. Small Business Administration's size standards for 4 consecutive years. 3.128. State.The State of Texas. 3.129. State Holiday A holiday authorized by the State Legislature excluding optional state holidays and not listed in Section 1 3.85.,"National Holidays."A list of state holidays can be found on the TxDOT's website. 3.130. Station.A unit of measurement consisting of 100 horizontal feet. 3.131 Subcontract.The agreement between the Contractor and subcontractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 3.132. Subcontractor An individual,partnership,limited liability company,corporation,or any combination thereof that the Contractor sublets,or proposes to sublet, any portion of a Contract,excluding a material supplier,a hauling firm hauling only from a commercial source to the project,truck owner-operator,wholly-owned subsidiary,or specialty-type businesses such as security companies and rental companies. 3.133. Subsidiary Materials,labor,or other elements that because of their nature or quantity have not been identified as a separate item and are included within the items on which they necessarily depend. 3.134 Substructure.The part of the structure below the bridge seats, but not including bearings,drilled shafts,or piling. Parapets, back walls,wing walls of the abutments, and drainage structures are considered parts of the substructure. 3.135. Superintendent.The representative of the Contractor who is available at all times and able to receive instructions from the Owner or authorized Owner representatives and to act for the Contractor 3.136. Superstructure.The part of the structure above the bridge seats or above the springing lines of arches and including the bearings. Flatwork construction may be considered superstructure. 3.137 Supplemental Agreement.Written agreement entered into between the Contractor and the Owner and approved by the Surety,covering alterations and changes in the Contract.A supplemental agreement is used by the Owner whenever the modifications include assignment of the Contract from one party to another or other cases as desired by the Owner 3.138. Surety The corporate body or bodies authorized to do business in Texas bound with and for the Contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and material supplied in the prosecution of the work. 3.139. Surplus Materials.Any debris or material related to the Contract but not incorporated into the work. 3.140 Suspension.Action taken by the Owner,State,or federal government pursuant to regulation that prohibits a person or company from entering into a Contract,or from participating as a subcontractor,or supplier of materials or equipment used in a contract 3.141 Tex—XXX•X. TxDOT material test methods found on TxDOT's Construction Division Web Site. 3.142. Traffic Lane.The strip of roadway intended to accommodate the forward movement of a single line of vehicles. Page 23 of 323 3.143. Traveled Way The portion of the roadway for the movement of vehicles,exclusive of shoulders and auxiliary lanes. 3.144 Truck Owner-Operator An individual who owns and operates 1 truck for hire. 3.145. UT-Bridge.TxDOT-owned software for steel girder erection.Software is available on TxDOT's website. 3.146. UT-Lift.TxDOT-owned software for steel girder erection.Software is available on TxDOT's website. 3.147 Utility Privately, publicly,or cooperatively owned lines,facilities,and systems for producing,transmitting,or distributing communications, power, heat,gas,oil,Water,waste,or storm water that are not connected with the highway drainage,signal systems,or other products that directly or indirectly serve the public;the utility company 3.148. Verification Tests.Tests used to verify accuracy of QC and QA and mixture design testing. 3.149. Water-Abrasive Blasting. Spraying blasts of pressurized water combined with abrasive media. 3.150. Water Blasting.Spraying blasts of pressurized water of at least 3,000 psi. 3.151 Water-Injected Abrasive Blasting.Abrasive blasting with water injected into the abrasive/air stream at the nozzle. 3.152. Wholly-Owned Subsidiary A legal entity owned entirely by the Contractor or subcontractor 3.153. Work.The furnishing of all labor,materials,equipment,and other incidentals necessary for the successful completion of the Contract. 3.154 Written Notice.Written notice is considered to have been duly given if delivered in person to the individual or member to whom it is intended or if sent by regular,registered,or certified mail and delivered to the last known business address;sent by facsimile to the last known phone number;or sent by e-mail to the last known address.The date of the letter will serve as the beginning day of notice.Unclaimed mail or failure to provide current mailing address will not be considered a failure to provide written notice. Page 24 of 323 CITY OF PEARLAND PEARLAND SAFE ROUTES TO SCHOOL-TR1602 INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS (LGPP) 1 Defined Terms 1 1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City" Both terms are synonymous and refer to the City of Pearland and may be used inter-changeably 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder The term "Successful Bidder" means the Lowest Responsible Bidder to whom the Owner (on the basis of Owner's evaluation as 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(plans and specifications including all Addenda issued prior to bid opening). 1.3 The term "B-bid System" refers to the City's electronic bidding system. This is a web- based system (Ion Wave) that provides all Bid Documents electronically to interested parties (potential Bidders and forms the pathway for Bidders to submit bids in response to The Invitation to Bid. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal with all required attachments to the Owner by way of the E-bid System. The terms "electronic bid" or "e-bid" are used inter-changeably to describe the above bid submittal process to submit a bid to the City in response to an Invitation to Bidders. 14 The term "Pro-Trak" means the City's web-based contract administration and construction records management software used by the contracting parties to administer the project. This system serves as the web accessed centralized project information hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for accessing this system will be issued to the successful Bidder at the pre-Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1 6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s) 1 7 The term"Alternate(s)"or"Add Alternate(s)"as used here inter-changeably are defined as an additive work item that may be selected or rejected by the Owner based on the Owner's sole acceptance or rejection of the price proposed for this item. Alternate bid prices shall include all labor,material, equipment and overhead costs to perform the work as specified, complete in place. When selected by the Owner, the costs for an Alternate work item shall be added to the Base Bid price and made a part of the Contract price. 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 Interested Bidders MUST REGISTER as a "Supplier" by clicking on the Supplier Registration button 04-2018 00200-1 of 9 Page 25 of 323 CITY OF PEARLAND PEARLAND SAFE ROUTES TO SCHOOL-TR1602 INSTRUCTIONS TO BIDDERS 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) 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 future bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders and the E-bid System will automatically send any and all updates, addenda, changes or additional information associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to ebids@pearlandtx.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: https.//pearland.ionwave.net/Login.aspx.Interested Bidders must register as a"Supplier"on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or 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,addenda or additional information from the City or its Engineer 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Bidders. It is recommended that all interested Bidders,whether bidding directly to the Owner or Sub-bidders/Vendors providing pricing to a Bidder, register as a Supplier and download all of the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals, neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of 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. 04-2018 00200-2 of 9 Page 26 of 323 CITY OF PEARLAND PEARLAND SAFE ROUTES TO SCHOOL-TR1602 INSTRUCTIONS TO BIDDERS 4 Qualifications of Bidders 4 1 In determining to whom to award a contract, the City of Pearland must 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. Failure to provide this information within the specified time frame will be cause for rejection of the Bid. 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; specifically including a list of 5 repre'sentative projects completed by the Bidder of a similar nature and scope to the work covered by this proposed Contract. The references for the projects provided must include the cost of the project,Owner's name,Engineer or prime contact and telephone number; 2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete including total contract value and current percent complete by payment; 3) A list of proposed subcontractors and suppliers for the project being bid and the total value of work awarded to subcontractors as shown on the Subcontractors List Bid Form, 4)A list of names, address and telephone number of references for other projects completed by Bidder; and 5)A Financial Statement of Bidder,consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end precedmg 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 04-2018 00200-3 of 9 Page 27 of 323 CITY OF PEARLAND PEARLAND SAFE ROUTES TO SCHOOL-TR1602 INSTRUCTIONS TO BIDDERS ' 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 pnces for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5 6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of matenals 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 clanfications 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 pnor to the date for opening of Bid Proposals may not be answered. Only questions answered by formal wntten Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 04-2018 00200-4 of 9 Page 28 of 323 CITY OF PEARLAND PEARLAND SAFE ROUTES TO SCHOOL-TR1602 INSTRUCTIONS TO BIDDERS 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 business hours of the Bid Opening. Bid Security shall be delivered to Office of City Purchasing, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement,and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and 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 specified materials and equipment described in the Plans and Specifications without consideration of possible substitute or "or- equal" items unless otherwise stated. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or"or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or-equal" references shall be interpreted to mean "or Owner approved equal" Any substitution made by the Bidder upon which the bid is based shall be at the Bidder's sole risk. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 04-2018 00200-5 of 9 Page 29 of 323 CITY OF PEARLAND PEARLAND SAFE ROUTES TO SCHOOL-TR1602 , INSTRUCTIONS TO BIDDERS 11 Bid Form 11 1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any Incomplete Bid Proposals may be cause 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 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). Failure to do so could be cause for rejection of the Bid. 11 6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 12. Submission of Bid Proposals 12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal mstructions 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 appropnate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City 04-2018 00200-6 of 9 Page 30 of 323 CITY OF PEARLAND PEARLAND SAFE ROUTES TO SCHOOL'TR1602 INSTRUCTIONS TO BIDDERS Purchasing, City Hall Annex, 3523 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 opemng Bid Proposals. 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. 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. 13.5 Bid securities for unsuccessful Bidders will be returned to bidders once a successful Bidder has be identified and notified of the Owner's intent to award a contract. 14 Opening of Bid Proposals 14 1 Bid Proposals will be opened and(unless obviously non-responsive)read aloud 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 through E-Bid. 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 ninety(90)days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 16 Award of Contract 16 1 Owner reserves the right to reject any and all Bid Proposals, except the lowest bid by the Lowest Responsible Bidder Owner may reject a bid as non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents, 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal, 4) Bidder qualifies its Bid Proposal, 5) Bidder tardily or otherwise improperly submits its Bid Proposal, 6) Bidder fails to submit the Qualifications of Bidder as required under section 4 of these Instructions to Bidders, or 7) Bid Proposal is otherwise non-responsive. Contracts are awarded on the basis of the Lowest Responsible and Responsive Bidder 04-2018 00200-7 of 9 Page 31 of 323 CITY OF PEARLAND PEARLAND SAFE ROUTES TO SCHOOL-TR1602 INSTRUCTIONS TO BIDDERS 16.2 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 and as a condition of Bid acceptability, the Contractor hereby agrees. ' 1 That the Prime Contractor, the entity named herein as the Bidder, will perform thirty percent (30%) or more of the work of the Contract and that this will be reflected in monthly pay application, 2. That the City, as Owner and Contract Administrator, retains the right to review and approved Contractor's and all Subcontractor's DBE Certifications and to reject and Bid or Subcontractor failing to meet these requirements, and 3 That the City, as Owner and Contract Administrator, retains the right to review and approve the Contractor's and all Subcontractors' qualifications to perform the Work of the Contract and to reject any Subcontractor not meeting the City's standards, as outlined in the General Conditions, or TxDOT's and FHWA qualifications for performing the Work. 16.3 Lowest Responsible and Responsive Bidder In determining Lowest Responsible and Responsive Bidder, Owner will consider Lowest Total Bid price for all work including Base Bid, Extra Work, Add Alternates and Cash Allowances, 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 indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 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. 16.5 Each Bidder agrees to waive any claim it has or may have against the Owner, the Professional/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid. 17 Contract Security 17 1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner 18 Signing of Agreement 04-2018 00200-8 of 9 Page 32 of 323 CITY OF PEARLAND PEARLAND SAFE ROUTES TO SCHOOL-TR1602 INSTRUCTIONS TO BIDDERS 18 1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner 19 Pre-bid Conference 19 1 A pre-bid conference will be held as indicated in the Invitation to Bid. 20 Retainage 20 1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 04-2018 00200-9 of 9 Page 33 of 323 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS SAFE ROUTES TO SCHOOL-TR1602 APPENDIX: LGPP BID CHECKLIST Section 00200A-T INSTRUCTIONS TO BIDDERS APPENDIX: LGPP BID CHECKLIST Items checked below represent components,which compnse this Bid Package. If the item is not designated on the left side of the form by the City of Pearland, it is not applicable to this Bid. Bidders are asked to review the Package to ensure that all applicable parts have been included. It is the Bidder's responsibility to be thoroughly familiar with all Bid Requirements and Specifications. Bidder must check the right-hand column when task is completed. Include this form with the Bid Proposal Package. X 1.SECTION 00100 AND 00200—BID SECURITY This Bid Security in the amount of 5% of the bidder's maximum Bid Proposal price made payable to the City Of Pearland. X 2.SECTION 00300—BID PROPOSAL Must be completed and signed in ink. Failure to do so will cause Bid(s) to be rejected. X 3.SECTION 00850—NON-COLLUSION STATEMENT AND AFFIDAVIT Bidder must submit with Bid Package. X 4 SECTION 00850—DEBARMENT CERTIFICATION Bidder must submit with Bid Package. X 5.SECTION 00850—CHILD SUPPORT CERTIFICATION Bidder must submit with Bid Package. X 6.SECTION 00850—CHILD SUPPORT BUSINESS OWNERSHIP FORM Bidder must submit with Bid Package. X 7 SECTION 00850—CERTIFICATION REGARDING LOBBYING Bidder must submit with Bid Package. X 8.SECTION 00850—STATEMENT FOR LOAN GUARANTEES AND INSURANCE Bidder must submit with Bid Package if applicable for the bidder on this project. X 9 SECTION 00850—CONTRACTORS ACKNOWLEDGEMENT OF STORMWATER MANAGEMENT PROGRAM Bidder must submit with Bid Package. 09-2018 00200A-T 1 of 1 Page 34 of 323 CITY OF PEALAND LGPP SUPPLEMENT TO SAFE ROUTES TO SCHOOLS-TR1602 INSTRUCTIONS TO BIDDERS ITEM 2L—LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 111 1 INTRODUCTION Instructions to the Contractor in these specifications are generally written in active voice, imperative mood. The subject of imperative sentences is understood to be "the Contractor"The Owner's responsibilities are generally written in passive voice, indicative mood. Phrases such as"as approved," "unless otherwise approved," "upon approval," "as directed,""as verified," "as ordered," and"as determined"refer to actions of the Engineer unless otherwise stated, and it is understood that the directions, orders, or instructions to which they relate are within the limitations of and authonzed by the Contract. 2. ELIGIBILITY OF BIDDERS Bidders on this project are not required to be prequahfied through TxDOT However, Contractors and Subcontractors are required to meet the City's standards as outlined in the General Conditions, Instructions to Bidders, and/or TxDOT's and FHWA qualifications for performing the work. 3. ISSUING BID DOCUMENTS Bid Documents may be obtained from the City's E-bid System at: https.//pearland.ionwave.net/Login.aspx. The Owner will not issue bid documents if one or more of the following apply. • the Bidder is prohibited from rebidding a specific project due to a bid error on the original bid documents, • the Bidder failed to enter into a Contract on the original award, • the Bidder was defaulted or terminated on the original Contract, unless the Owner terminated for convenience, or • the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Owner to participate in the preparation of the plans or specifications on which the bid or Contract is based. 4. INTERPRETING ESTIMATED QUANTITIES The quantities listed in the bid documents are approximate and will be used for the comparison of bids. Payments will be made for actual quantities of work performed m accordance with the Contract. 5. EXAMINING DOCUMENTS AND WORK LOCATIONS Examine the bid documents and specified work locations before submitting a bid for the work. Submitting a bid will be considered evidence that the Bidder has COP 11-2021 Item 2L 1 of 7 Page 35 of 323 CITY OF PEALAND LGPP SUPPLEMENT TO SAFE ROUTES TO SCHOOLS-TR1602 INSTRUCTIONS TO BIDDERS performed this examination. Be aware of the difficulty of accurately classifying all material encountered in making foundation investigations, the possible erosion of stream channels and banks after survey data have been obtained, and the unreliability of water elevations other than for the date recorded. Oral explanations, mstructions, or consideration for Contractor-proposed changes in the bid documents given during the bidding process are not binding. Only requirements included in the bid documents and Owner-issued addenda are binding. Request explanations of documents at least five (5) days prior to the bid opening. Immediately notify the Owner of any error, omission, or ambiguity discovered in any part of the bid documents. The Owner will issue addenda when appropriate. 6. PREPARING THE BID Prepare the bid form(Section 0300-Bid Form) included with the Bidding Documents when downloaded. The Document must be printed and signed, and then uploaded as an Attachment to the Bid. Specify a unit price in dollars and cents for each regular item, additive alternate item, deductive alternate item or replacement alternate item for which an estimated quantity is given. When"Working Days" is an item, submit the number of working days to be used to complete the Contract or phases of the Contract. The Owner will not accept an incomplete bid. A bid that has one or more of the deficiencies listed below is considered incomplete. • the bid form was not signed, • all certifications were not acknowledged, • a regular item, additive alternate item or deductive alternate item is left blank, • a regular item and the corresponding replacement alternate item are left blank, • the bid form submitted had the incorrect number of items, or • all addenda were not acknowledged. 7 NONRESPONSIVE BID The Owner will not accept a nonresponsive bid. A bid that has one or more of the deficiencies listed below is considered nonresponsive. • The bid was not in the hands of the Letting Official at the time and location specified in the advertisement. • A bid was submitted for the same project by a Bidder or Bidders and one or more of its partners or affiliates. COP 11-2021 Item 2L 2 of 7 Page 36 of 323 CITY OF PEALAND LGPP SUPPLEMENT TO SAFE ROUTES TO SCHOOLS-TR1602 INSTRUCTIONS TO BIDDERS ■ The Bidder failed to acknowledge receipt of all addenda issued. • The bid form was signed by a person who was not authorized to bind the Bidder or Bidders. • The bid guaranty did not comply with the requirements contained in this Item. • The bid was in a form other than the official bid form issued by the Owner • The Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the bid documents. • The Bidder bid more than the maximum or less than the minimum number of allowable working days when working days was an item. • The Bidder did not attend a specified mandatory pre-bid conference. • The Bidder did not meet the requirements of the technical qualification. • The Bidder did not include a signed State of Texas Child Support Business Ownership Form. • The bidder does not meet the Owner's standard requirements. 8. SUBMITTAL OF BIDS 8.1 Electronic Bids. When electronic bidding is available, the Bidder is responsible for taking the appropriate measures to submit a bid. These measures include, but are not limited to, acquiring hardware, software, and Internet connectivity needed for submitting a bid via the Owner's bidding system. 8.1 1 Bid Form. Use the electronic bid form in the Owner's bidding system. When regular bid items have corresponding replacement alternate items, select the bid item or group of items to be used for the bid tabulation. Acknowledge all addenda listed in the Owner's bidding system. The electronic bid form may not contain the special provisions, special specifications, general notes, and other Contract documents. These documents are included by reference. 8.1.2. Bid Security Provide a bid security in the amount indicated on the bid form. Acceptable forms include a certified check, cashier's check or Bid Bond. For a joint venture, the bond must be in the name of all joint venture participants. Enter the bond authorization code into the Owner's bidding system. It is the Bidder's responsibility to ensure the bid bond is issued m the name or names of the Bidder or Bidders. 8.1.3. Submittal of Bid. Submit the bid using the Owner's bidding system. 8.14 Revising the Bid Form. Make desired changes as allowed by the Owner's bidding system up until the time and date set for the opening of bids. The last bid submitted will be used for tabulation purposes. COP 11-2021 Item 2L 3 of 7 Page 37 of 323 CITY OF PEALAND LGPP SUPPLEMENT TO SAFE ROUTES TO SCHOOLS-TR1602 INSTRUCTIONS TO BIDDERS 8.1.5. Withdrawing a Bid. Submit an electronic or written request to withdraw a bid before the time and date set for the opening. The Owner will not accept oral requests. An electronic request must be made using the Owner's bidding system. A written request must be signed and submitted to the Purchasing Officer with proof of identification. The request must be made by a person authorized to bind the Bidder or Bidders. In the case of joint venture,the Owner will accept a request from any person authorized to bind a party to the joint venture. The Owner may require written delegation of authority to withdraw a bid when the individual sent to withdraw the bid is not authorized to bind the Bidder or Bidders. 8.2. Printed Bid. 8.2.1 Bid Form. Mark all entries in ink. As an alternative to hand writing the unit prices in the bid form, submit a typed bid form. A typed bid form must contain the information in the format shown on the"Bid Proposal" m the bid form. When regular bid items have corresponding replacement alternate items, select the bid item or group of items to be used for the bid tabulation. Acknowledge all addenda by initialing on the appropriate line of Bid Proposal Part A. Provide the complete and correct name of the Bidder submitting the bid. A person authorized to bind the Bidder must sign the bid form. In the case of a joint venture,provide the complete and correct name of all Bidders submitting the bid. In the case of a joint venture, the person signing the bid form must be authorized to bind all joint venture participants. If a bid form contains both regular items for domestic steel or iron materials and replacement alternate items for foreign steel or iron materials, the Bidder must either • submit unit bid prices for domestic items only, or • submit unit bid prices for both the domestic and foreign items. 8.2.2. Bid Guaranty Provide a bid guaranty m the amount indicated on the bid documents. Use either a guaranty check or a printed bid bond. An electronic bid bond may be used as the guaranty Ensure the electronic bid bond meets the requirements of Item 2.8 1.2., "Bid Security,"and submit the electronic bid bond with the printed bid. 8.2.3. Security Check. Make the check payable to the Owner The check must be a cashier's check, drawn by or on a state or national bank, or a state or federally chartered credit union(collectively referred to as "bank") The check must be dated on or before the date of the bid opening. Postdated checks will not be accepted. The type of check must be indicated on the face of the instrument and the instrument must be no more than 90 days old. A check must be made payable at or through the institution issuing the instrument;be drawn by a bank and on a COP 11-2021 Item 2L 4 of 7 Page 38 of 323 CITY OF PEALAND LGPP SUPPLEMENT TO SAFE ROUTES TO SCHOOLS-TR1602 INSTRUCTIONS TO BIDDERS bank; or be payable at or through a bank. The Owner will not accept personal checks teller's checks or money orders. 8.2.4 Bid Bond. Use the bid bond form provided by the Owner Submit the bid bond with the powers of attorney attached and in the amount specified. The bond must be dated on or before the date of the bid opening, bear the impressed seal of the Surety, and be signed by the Bidder or Bidders and an authorized individual of the Surety As an alternative for joint venture Bidders, each of the Bidders may submit a separate bid bond completed as outlined in this section. Bid bonds will only be accepted from Sureties authorized to execute a bond under and in accordance with State law 8.2.5. Submittal of Bid. Place the completed bid form and the bid security in a sealed envelope marked to indicate the contents. When submitting by mail or delivery service,place the envelope in another sealed envelope and address as indicated in the official advertisement or in the bid documents. It is the Bidder's responsibility to ensure that the sealed bid arrives at the location described on or before the time and date set for the bid opening. To be accepted, the bid must be in the hands of the Purchasing Officer by that time of opening regardless of the method chosen for delivery 8.2.6. Revising the Bid Form. Make desired changes to the bid form in ink and submit the bid to the Purchasing Officer The Owner will not make revisions to a bid on behalf of a Bidder 8.2.7 Withdrawing a Bid. Submit a written request to withdraw a bid before the time and date set for the opening. The Owner will not accept oral requests. A written request must be signed and submitted to the Purchasing Officer with proof of identification. The request must be made by a person authorized to bind the Bidder or Bidders. In the case of joint venture, the Owner will accept a request from any person authorized to bind a party to the joint venture. The Owner may require written delegation of authority to withdraw a bid when the individual sent to withdraw the bid is not authorized to bmd the Bidder or Bidders. 9. OPENING AND READING OF BIDS At the time, date, and location specified in the official advertisement, the Owner will publicly open and read bids. 10 TABULATING BIDS 101 Official Total Bid Amount. The Owner will sum the products of the quantities and the unit prices bid in the bid form to determine the official total bid amount. Bids will be evaluated for completeness and compliance with specifications by the City The official total bid amount is the basis for determining the apparent low Bidder The total bid amounts will be compared and the results made public COP 11-2021 Item 2L 5 of 7 Page 39 of 323 CITY OF PEALAND LGPP SUPPLEMENT TO SAFE ROUTES TO SCHOOLS-TR1602 INSTRUCTIONS TO BIDDERS 10.2. Rounding of Unit Prices. The Owner will round off all unit bids involving fractional parts of a cent to the nearest one-tenth cent ($0 001) in determining the amount of the bid as well as computing the amount due for payment of each item under the Contract. For rounding purposes, entries of five-hundredths of a cent ($0 0005) or more will be rounded up to the next highest tenth of a cent, while entries less than five-hundredths of a cent will be rounded down to the next lowest tenth of a cent. 10.3. Interpretation of Unit Prices The Owner will make a documented determination of the unit bid price if a unit bid price is illegible or conflicting in the case of replacement alternate items. The Owner's determination will be final. 10 4 Consideration of Unit Prices. 10.41 A+B Bidding. The official total bid amount will be determined by the summation of the Contract amount and the time element. The Owner will use the following formula to make the calculation. A+B 1 +B2 +BX+ +BT The Contract amount, equal to A in the formula, is determined by the summation of the products of the approximate quantities shown in the bid and the unit bid prices bid. The time element, equal to B1,B2, BX(when phases are included as bid components), and BT(substantial completion of the project when included as a bid component), of the bid is determined by multiplying the number of working days bid to substantially complete the project, or phases, by the daily road-user cost(RUC)provided on the bid documents. When partial days are bid they will be rounded up to the nearest whole day The formula above determines the low Bidder and establishes the Contract time. 10.4.2. "Buy America." Comply with Buy America in accordance with Item 6 1 1 For a Bidder who proposes to use foreign steel or iron materials to be considered the apparent low Bidder,their total bid must be at least 25%lower than the next lowest bid if that bid proposes to use domestic steel or iron materials. This requirement does not apply to minimal use of steel or iron materials provided that the total cost of all foreign source items used in the project, as delivered to the project site, is less than$2,500 or one-tenth-of-one-percent (1/10 of 1%) of the Contract amount,whichever is greater 11 CONSIDERATION OF BID ERRORS. The Owner will consider a claim of a bid error by the apparent low Bidder if the following requirements have been met: ■ Submit written notification to the Owner within twenty-four hours after the date the bid is opened. COP 11-2021 Item 2L 6 of 7 Page 40 of 323 CITY OF PEALAND LGPP SUPPLEMENT TO SAFE ROUTES TO SCHOOLS-TR1602 INSTRUCTIONS TO BIDDERS • Identify the items of work involved and include bidding documentation. The - ' Owner may request clarification of submitted documentation. The Owner will evaluate the claim of an error by the apparent low Bidder by considering the following: • The bid error relates to a material item of work. • The bid error amount is a significant portion of the total bid. • The bid error occurred despite the exercise of ordinary care • The delay of the proposed work will not impact cost and safety to the public. Acceptance of the bid error claim by the Owner will result in the rejection of the bid of the apparent low bidder and the Owner may consider the second responsive bid. The emng Contractor will not be allowed to bid the project if it is relet. Rejection of bids due to the Contractor's bid error may result in the application of sanctions by the Owner 12. TIE BIDS If the official total bid amount for 2 or more Bidders is equal and those bids are the lowest submitted, each tie Bidder will be given an opportunity to withdraw their bid. If 2 or more tie Bidders do not withdraw their bids, the low Bidder will be determined by a coin toss. If all tie Bidders request to withdraw their bids,no withdrawals will be allowed and the low Bidder will be determined by a coin toss. The Purchasing Officer will preside over the proceedings for the coin toss. COP 11-2021 Item 2L 7 of 7 Page 41 of 323 CITY OF PEARLAND BID PROPOSAL SAFE ROUTES TO SCHOOL-TR1602 Section 00300 BID PROPOSAL Part A Date. 06/09/22 Bid of) Metro City, LLC , an individual proprietorship/a corporation organized and existing under the laws of the State of Texas /a partnership consisting of , for the construction of: PEARLAND SAFE ROUTES TO SCHOOL PROJECT Limits: Various -Fite Rd., Glastonbury Dr.,Harkey Rd.,Josephine Dr., Knapp Rd., McLean Rd., Old Alvin Rd., Old Oaks Blvd.,Robinson Dr.,Pearland Pkwy.,McHard Rd., and Veterans Rd. CSJ NO.:J0912-31-318 BID NO : ITB 0422-12 (Submitted in Electronic format) To The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Dave Pearland, Texas 77581 l � 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 Pearland Safe Routes to School, along Mclean Rd from Village Creek Dr to Springfield Ave, Veterans Dr at Cowart Creek, Veterans at Springfield Ave, Veterans at Stonebridge Dr, Old Alvin Rd at McHard Rd,Pearland Pkwy from McHard Rd to Hidden Glen Ln, Knapp Rd from Glenda Street to Old Alvin Rd, Old Alvin Rd from Knapp Rd to just south of Knapp Rd,Glastonbury Dr from Robinson Dr to approximately 350'west,Old Oaks Blvd,Fite Rd from east of Harkey Rd to Centennial Village Dr, Harkey Rd from Fite Rd to Josephine Dr, and Josephine Dr from Harkey Rd to Wagon Trial Rd with all related appurtenances,complete,tested, and operational, in accordance with the Plans and Specifications prepared by the Karam Qaddo and David Greaney, Gauge Engineering, LLC 11750 Katy Freeway, Suite 400, Houston, TX 77079, 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, City Hall Annex 3523 Liberty Drive, Pearrland, Texas 77581 Bidder's Initial's: 10-2012 0030 - of3 Page 42 of 323 CITY OF PEARLAND BID PROPOSAL SAFE ROUTES TO SCHOOL-TR1602 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 withm the time stated and for the prices stated in Part B of this proposal along with all required insurance m 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 two hundred and forty nine (249) 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 Mamtenance 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 m 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 Biddmg Documents noted therein have been considered and all costs thereto are included m the Bid Proposal prices. Addendum No 1 Date: 5/19/22 Addendum No 3 Date• 6/6/22 Addendum No. 2 Date: 5/27/22 Addendum No Date: Bidder hereby represents that the only person or parties interested m 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. Finn Name: MetroCity,LLC By• Anthony Ray Rodriguez Title: President Address. 17410 County Rd 127,Pearland TX 77581 Phone No (281) 648-3323 (mobile) (281) 978-3000 ATTEST Bidder's Initial's: 10-2012 00300- of 3 Page 43 of 323 CITY OF PEARLAND BID PROPOSAL SAFE ROUTES TO SCHOOL-TR1602 Tony Rodriguez (Seal,if Bidder is a Corporation) ( d or P e) Signature 1 d—Y Date: 6/9/22 END OF SECTION Bidder's Initial's: 10-2012 00300-3 of 3 Page 44 of 323 Pearland Safe Routes to School EXHIBIT A"BID FORM TxDOT CSJ:0912-31-318 COP•TR 1602 r Estimated Item No. Specs No. Base Unit Short Title Unit of Measure Quantity Unit Price Total in figures General 1 01505 Mobilization(Not to exceed 3%of total bid) LS 1 63,000.00 63,000.00 2 01554 Relocate Sign EA 12 224.00 2,688.00 2 01555 Traffic Control LS 1 20,000.00 20,000.00 3 01100 Uniformed Peace Officers HR 200 60.00 12,000.00 5 02511 Remove and Replace Concrete Water Meter Box EA 1 300.00 300.00 6 02633 Adjust water meter valve EA 9 187.00 1,683.00 7 02633 Adjust Inlets,Manhole Frame&Cover/valve boxes to Match Prop Elevations And Grades EA 10 356.00 3,560.00 0450 6052 8 Rail(Handrail)(TY F) LF 60 188.00 11,280.00 TxDOT 9 02200 Site Preparation AC 7.2 551.00 3,967.20 10 01200S Relocate Mall Box EA 9 150.00 1,350.00 11 02514 Adjust Fire Hydrant to grade EA 1 458.00 458.00 Subtotal Total $ 120,286.20. SWPPP ITEMS 12 0506 6003 Rock Filter Dams(Install)(Ty 3) LF 44 34.00 1 496.00 TxDOT 13 0506 6011 Rock Filter Dams(Remove) LF 44 15.00 660.00 TxDOT 14 0506 6038 Temp Sedmt Cant Fence(Install) LF 8792 3.00 26,376.00 TxDOT 15 0506 6039 Temp Sedmt Cont Fence(Remove) LF 8792 TXDOT 1.00 8,792.00 16 0506 6041 Biodeg Erosn Cont Logs(Instl)(12") LF 428 5.00 2,401.00 TXDOT 17 0506 6043 Biodeg Erosn Cont Logs(Remove) LF 428 1.00 428.00 TXDOT 18 02921 Hydromulch Seeding AC 7.2 1,800.00 12,960.00 19 01200S Concrete Truck Washout Structures LS 1 8,133.00 8,133.00 20 02922 Sodding SY 5284.4 4.00 21137.60 Subtotal Total, $ 82,122.60 DEMOLITION ITEMS 21 01200S Remove and Reconstruct Exist Brick Mailboxes EA 2 2,401.00 4,802.00 22 02220 Remove Exist 36"CCP LF 10 92.00 920.00 23 02220 Remove Exist 30"CCP LF 6 122.00 732.00 24 02220 Remove Exist 24"CCP LF 6 107.00 642.00 25 02220 Remove Exist MH EA 2 705.00 1 410.00 26 02220 Remove&Dispose Conc Sidewalk,driveway and Ramp,all thickness SY 488 9.00 4,392.00 27 02220 Remove And Dispose Safety End Treatment EA 1 506.00 506.00 28 02981 Removal of existing pavement markings 4 Inch LF 1350 1.00 1,350.00 29 02981 Removal of existing pavement markings 12 Inch LF 70 ' 1.00 70.00 Subtotal Total $ 14,824.00 ROADWAY ITEMS 30 02316 Excavation CY 3967.9 19.00 75,390.10 31 02330 Select fill CY 2311.4 38.00 87,833.20 32 0432 6001 4"Concrete RlpRap CY 157 519.00 81 483.00 TxDOT 33 02770 Concrete Curb(Slotted) LF 2351 5.00 11 755.00 l 1 of 3 2/8/2022 Page 45 of 323 Pearland Safe Routes to School EXHIBIT"A"BID FORM TxDOT CSJ:0912-31-318 COP•TR 1602 34 02771 Sidewalk 5-inch thick SF 59173 11.00 650,903.00 35 02771 Sidewalk 8-Inch thick SF 1594 14.00 22,316.00 36 02980 6 Inch High Early Strength Concrete Driveway,Including Excavation And Base SY 457 115,00 52,555.00 37 02771 ADA Complaint Wheelchair Ramp Including Truncated Domes SF 528 13.00 6,864.00 38 01200S Grading Including Necessary Fill to Bring Sidewalk to Proposed Surface Elevation LF 11890 7.00 83,230.00 39 01200S Retaining Wall(8"-24°High) LF 2050 43.00 88,150.00 40 01200S Saw-Cut Existing Pavement,All Types LF 5162 5.00 25,810.00 Subtotal Total $ 1 186,289.30 BRIDGE ITEMS 41 0104 6009 Removing Conc(RIPRAP) SY 226 TxDOT 9.00 2034.00 42 0360-6047 Conc Pvmt(Conc Reinf-CRCP) (6 ) SY 89 119.00 10,591.00 TxDOT 43 0400 6005 Cement Stabilized Backfill CY 14.5 50.00 725.00 TxDOT 44 0416 6003 Drilled Shaft(30 in.) LF 108 138.00 14,904.00 TxDOT 45 04206013 CLCConc(Abud) CY 12.8 1,637.00 20,953.60 TxDOT 46 0432 6008 RIPRAP(Conc)(CL B)(RR 8) CY 30.3 171.00 5,181.30 TxDOT 47 4000 6018 Pedestrian Truss Bridge Span(100 FT)Complete in Place EA 1 247 000.00 247,000.00 TxDOT Subtotal Total. $ 301,388.90 SIGNING AND PAVEMENT MARKING ITEMS 48 02582 REFL PAV MRK TY II(Y)4°(SLD) LF 1350 1.00 1,350.00 49 02582 REFL PAV MRK TY II(Y)24"(SLD) LF 70 2.00 140.00 50 02582 REFL PAV MRK TY II(W)12"(SLD) LF 635 1.00 635.00 51 02582 REFL PAV MRK TY II(W)24"(SLD) LF 151 2.00 302.00 52 02582 REFL PAV MRK SLD(Y)NOSE EA 1 250.00 250.00 53 02987 REFL PAV MRKR TY II-A-A EA 57 '� 5.00 285.00 Subtotal Total $ 2,962.00 DRAINAGE ITEMS 54 01200S 36'RCP Storm Sewer Pipe Complete in Place per Detail LF 36 305.00 10,980.00 55 02630 36'RCP Storm Sewer Pipe LF 27 364.00 9828.00 56 01564 Care and Control of Ground Water LF 50 76.00 3,800.00 57 02630 24'RCP Storm Sewer Pipe LF 78 150.00 11 700.00 58 02630 21"RCPStormSewerPipe LF 14 134.00 1,876.00 59 02630 18'RCP Storm Sewer Pipe LF 46 149.00 6,854.00 60 0420-6071(TxDOT)Concrete Collar-Class C EA 12 910.00 10,920.00 61 02630 Reinforced Concrete Box 7 ft X 7 ft LF 40 1,078.00 43,120.00 62 0466-8211(TxDOT)Wing Wall(SW-0)(HW=8 FT) EA 1 25,310.00 25,310.00 63 02220 Cut 8 Plug 30-inch Storm Sewer EA 2 631.00 1,262.00 64 01570 Trench Safety System LF 27 25.00 675.00 65 02630 Reinforced Concrete Box 4 ft X 2 ft LF 30 530.00 15,900.00 66 02630 Reinforced Concrete Box 4 ft X 3 ft LF 17 566.00 9,622.00 67 02630 Reinforced Concrete Box 5 ft X 3 ft LF 32 670.00 21 440.00 68 02630 Reinforced Concrete Box 6 ft X 2 ft LF 30 731.00 21,930.00 ) 2 of 3 2/8/2022 Page 46 of 323 Pearland Safe Routes to School EXHIBIT"A"BID FORM TxDOT CSJ:0912-31-318 COP'TR 1602 , 69 02630 Reinforced Concrete Box 6 ft X 3 ft LF 30 800.00 24,000.00 70 0467 6208 SET(TY I)(S=6 FT)(HW=3 FT)(6:1)(P) EA 2 17 700.00 35,400.00 TxDOT 71 0467 6142 SET(TY I)(S=4 FT)(HW=3 FT)(6:1)(P) 1 EA 3 45,600.00 TxDOT 15,200.00 72 0467 6134 SET(TY I)(S=4 FT)(HW=2 FT)(6:1)(P) EA 1 12,700.00 12,700.00 TxDOT 73 0467 6174 SET(TY I)(S=5 FT)(HW=3 FT)(6:1)(P) EA 4 12,700.00 TxDOT 50,800.00 74 0467 6202 SET(TY I)(S=6 FT)(HW=2 FT)(6:1)(P) EA 1 7,600.00 TxDOT7,600.00 75 0467 6200 SET(TY 1)(S=6 FT)(HW=2 FT)(4:1)(C) EA 1 8,850.00 8,850.00 TxDOT 76 0467 6363 SET(TY II)(18 IN)(RCP)(8:1)(P) EA 2 1,995.00 3,990.00 TxDOT 77 0467 6374 SET(TY II)(21 IN)(RCP)(6:1)(P) EA 2 729.00 1 458.00 TxDOT 78 0467 6395 SET(TY II)(24 IN)(RCP)(6:1)(P) EA 2 2,306.00 4,612.00 TxDOT 79 0467 6454 SET(TY II)(36 IN)(RCP)(6:1)(P) EA 1 2,775.00 2,775.00 TxDOT 80 02631 INLET(COMPL)(TY A) EA 1 2,656.00 2656.00 Subtotal Total $ ,395,658.00 EXTRA PAY ITEMS(AS AUTHORIZED BY ENGINEER) 81 01564 Care and Control of Ground Water LF 200 30.00 6000.00 (Only Authorized When Directed by the Engineer) _ _ 82 02318 Extra Excavation around Obstructions CY 20 30.00 (Only Authorized When Directed by the Engineer) 6,000.00 02252 Cement Stabilized Sand TON 50 (Only Authorized When Directed by or Engineer) 25.00 1,250.00 83 02220 Remove/Replace Existing Fence(All Types) LF 500 30.00 15,000.00 (Only Authorized When Directed by or Engineer) _Subtotal Total $ 22,850.00 TOTAL $2,126,381.00 3 of 3 2/8/2022 Page 47 of 323 CITY OF PEARLAND LGPP AWARD AND EXECUTION SAFE ROUTES TO SCHOOL-TR1602 OF CONTRACT ITEM 3L—LGPP AWARD AND EXECUTION OF CONTRACT 1 AWARD OF CONTRACT The Owner will award, reject, or defer the Contract within 90 days after the opening of the bid. The Owner reserves the right to reject any or all bids and to waive technicalities in the best interest of the Owner 1 1 Award. The Owner will award the Contract to the low Bidder as determined by Section 00200, Article 16, Instructions to Bidders, and Item 2L LGPP Supplement to Instructions to Bidders. The Owner may award a Contract to the second lowest Bidder when the following requirements have been met: • The low Bidder withdraws its bid. • The low Bidder fails to enter into a contract with the Owner after Award • The second low Bidder's unit bid prices are reasonable. 1.2. Rejection. The Owner will reject the Contract if • Collusion may have existed among the Bidders. Collusion participants will not be allowed to bid future bids for the same Contract. • The low bid is mathematically and materially unbalanced. The Bidder will not be allowed to bid future bids for the same Contract. • The lowest bid is higher than the Owner's estimate and re-advertising for bids may result in a lower bid. • Rejection of the Contract is in the best interest of the Owner 1.3. Deferral. The Owner may defer the award or rejection of the Contract when deferral is in the best interest of the Owner 2. RESCINDING OF AWARD The Owner reserves the right to cancel the award of any Contract before Contract execution with no compensation due when the cancellation is in the best interest of the Owner The Owner will return the bid security to the Contractor 3. DISADVANTAGED BUSINESS ENTERPRISE (DBE)/HISTORICALLY UNDERUTILIZED BUSINESS/SMALL BUSINESS ENTERPRISE (SBE) Submit all DBE/HUB/SBE information in the time frame specified when required by the bid documents. 4 EXECUTION OF CONTRACT Provide the following within 10 days after written notification of award of the Contract: COP 11-2021 Item 3L 1 of4 Page 48 of 323 CITY OF PEARLAND LGPP AWARD AND EXECUTION SAFE ROUTES TO SCHOOL-TR1602 OF CONTRACT 41 Contract. Executed by Contractor and Surety 4.2. Bonds. Executed performance bond, payment bond and maintenance bond in the full amount of the Contract price with powers of attorney Provide bonds in accordance with Table 1 Furnish the payment, performance bonds and maintenance bonds as a guaranty for the protection of the claimants and the Owner for labor and materials and the faithful performance of the work. Table 1 Bonding Requirements Contract Amount Required Bonds Less than$25,000 None $25,000 to $100,000 Payment More than $100,000 Performance and Payment 4.3. Insurance. Submit a Certificate of Insurance showing coverage's in accordance with Contract requirements. Insurances must cover the contracted work for the duration of the Contract and must remain in effect until final acceptance. Failure to obtain and maintain insurance for the contracted work may result in suspension of work or default of the Contract. If the insurance expires and coverage lapses for any reason, stop all work until the Owner receives an acceptable Certificate of Insurance. Provide the Owner with a Certificate of Insurance verifying the types and amounts of coverage as outlined in the Attachment No 3 to General Conditions of Agreement. The Certificate of Insurance must be m a form approved by the Owner Any Certificate of Insurance provided must be available for public inspection. By signing the Contract, the Contractor certifies compliance with all applicable laws, rules, and regulations pertaining to workers' compensation insurance. This certification includes all subcontractors. Pay all deductibles stated in the policy Subcontractors must meet the requirements of insurance either through their own coverage or through the Contractor's coverage. The Workers' Compensation policy must include a waiver of subrogation endorsement in favor of the Owner For building-facilities Contracts,provide All Risk Builder's Risk Insurance to protect the Owner against loss by storm, fire or extended coverage perils on work and materials intended for use on the project including the adjacent structure. Name the Owner under the Lost Payable Clause. For Contracts with railroad requirements, see project-specific details for additional insurance requirements. COP 11-2021 Item 3L 2 of 4 Page 49 of 323 CITY OF PEARLAND LGPP AWARD AND EXECUTION SAFE ROUTS TO SCHOOL-TR1602 OF CONTRACT Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15 days of notification if the Surety is declared bankrupt or insolvent, the Surety's underwriting limitation drops below the Contract amount or the Surety's right to do business is terminated by the Owner The substitute Surety must be authorized by the laws of the State and acceptable to the Owner Work will be suspended until a substitute Surety is provided. Working day charges will be suspended for 15 days or until an acceptable Surety is provided, whichever is sooner The work performed under this section will not be measured or paid for directly but will be subsidiary to pertinent items. 4 4 Railroad Documents Provide all required documents for satisfaction of railroad requirements for projects that have work which involves railroad right of way 5. FAILURE TO ENTER CONTRACT If the Contractor fails to comply with all of the requirements in Item 3 4., "Execution of Contract,"the bid security will become the property of the Owner, not as a penalty,but as liquidated damages. The Contractor forfeiting the bid security will not be considered in future bids for the same work unless there has been a substantial change in design of the work. 6. APPROVAL AND EXECUTION OF CONTRACT The Contract will be approved and signed under authority of the Owner 7 RETURN OF BID SECURITY The bid security check of the low Bidder will be retained until after the Contract has been rejected or awarded and executed. Bid bonds will not be returned. 8. BEGINNING OF WORK Do not begin work until authorized in writing by the Owner When callout work is required, provide a method of contact available from 8 A.M. until 5 P.M. every work day and 24 hr a day, 7 days a week for projects with emergency mobilization,unless otherwise shown on the plans. The time of notice will be the transmission time of the notice sent, provided orally, or provided in person by the Owner's representative. Verify all quantities of materials shown on the plans before ordering. For projects with alternate bid items, the work order will identify the base bid work and additive or deductive alternate work to be performed. The Owner makes no guarantee that the additive or deductive alternate work will be required. COP 11-2021 Item 3L 3 of 4 Page 50 of 323 CITY OF PEARLAND LGPP AWARD AND EXECUTION SAFE ROUTES TO SCHOOL-TR1602 OF CONTRACT 9. ASSIGNMENT OF CONTRACT Do not assign, sell, transfer, or otherwise dispose of the Contract or any portion rights, title, or interest(including claims)without the approval of the Owner or designated representative. The Owner must deem any proposed assignment justified and legally acceptable before the assignment can take place. 10 EXCLUDED PARTIES The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Owner or by any state or federal agency COP 11-2021 Item 3L 4 of 4 Page 51 of 323 BIDDER'S CERTIFICATION OF COMPLIANCE WITH BUY AMERICAN PROGRAM ,Document 00456 BIDDER'S CERTIFICATION OF COMPLIANCE WITH BUY AMERICAN PROGRAM (AVIATION SAFETY AND CAPACITY EXPANSION ACT OF 1990) By submitting a bid, except for those items listed by Bidder below or on additional copies of this page, attached to this page, Bidder certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts)and that components of unknown origin are considered to have been produced or manufactured outside the United States. In case of conflicts with corresponding provisions of other Bidding Documents, Buy American Program provisions govern Bidders may obtain from the City a list of products excepted from this provision Use additional copies of this page as required PRODUCT COUNTRY OF ORIGIN The above information is true and complete to the best of my knowledge and belief (Printed or typed Name of Signatory) Signature Date Note The penalty for making false statements in offers is prescribed in 18 U S.C. 1001 END OF DOCUMENT Page 52 of 323 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor II Name of vendor who has a business relationship with local governmental entity. J �n I 1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? n Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 11 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1) Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state tx us Revised 1/1/2021 Page 53 of 323 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http.//www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176 htm For easy reference, below are some of the sections cited on this form Local Government Code§176.001(1-a) "Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to,that agency Local Government Code§176.003(a)(2)(A)and(B). (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor iF (2) the vendor (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed, or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed,or (ii) the local governmental entity is considering entering into a contract with the vendor Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176 003(a)(2)(A), (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1),or (3) has a family relationship with a local government officer of that local governmental entity (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of- (1) the date that the vendor (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection (a), (B) that the vendor has given one or more gifts described by Subsection(a),or (C) of a family relationship with a local government officer Form provided by Texas Ethics Commission www ethics.state tx.us Revised 1/1/2021 Page 54 of 323 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT (LGPP) THIS AGREEMENT is by and between City of Pearland(hereinafter called OWNER or City) and MetroCity LLC (hereinafter called CONTRACTOR) OWNER and CONTRACTOR,m 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. PEARLAND SAFE ROUTES TO SCHOOL PROJECT Limits: Various-Fite Rd., Glastonbury Dr.,Harkey Rd.,Josephine Dr.,Knapp Rd., McLean Rd., Old Alvin Rd.,Old Oaks Blvd.,Robinson Dr.,Pearland Pkwy.,McHard Rd., and Veterans Rd. CSJ NO.. 0912-31-318 BID NO.. ITB 0422-12 The Disadvantaged Business Enterprise (DBE) goal for this project is 5%. The Small Busmess Enterprise (SBE) goal for this project is 0%. DBEs and SBEs selected must be TxDOT approved. Race neutral participation is encouraged and can be achieved through vanous supplier and subcontracting opportunities. Article 2. ENGINEER The Work has been designed by Gauge Engineering,LLC., 11750 Katy Freeway, Suite 400, Houston, TX 77079, Karam Qaddo 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 249 calendar 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 279 calendar 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 tune 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 2-2015 00500-1 of 7 Page 55 of 323 CITY OF PEARLAND STANDARD FORM OF AGREEMENT and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed-on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER one thousand dollars ($1000 00) 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 two hundred dollars ($200 00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7.30 a.m. to 4 30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4 CONTRACT PRICE 4 1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $2,126,381.00 (the "Contract Price") The Contract Price includes the Base Bid and 0 Alternate(s) as accepted by OWNER and 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. 2-2015 00500-2 of 7 Ponta RR of 474 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 5 1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood,however,that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon wntten 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 09 of the General Conditions, OWNER shall pay the remamder 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-mclusive. 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 furnishmg 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, 2-2015 00500-3 of 7 Page 57 of 323 CITY OF PEARLAND STANDARD FORM OF AGREEMENT reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data m 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 m 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 mcorporated herem 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 TxDOT Local Government Project Procedures documents(Section 00850). 8.6 Plans, consisting of sheets numbered 1 through 147 inclusive with attachments with each sheet bearing the following general title: Pearland Safe Routes to School 2-2015 00500-4 of 7 Page 58 of 323 CITY OF PEARLAND STANDARD FORM OF AGREEMENT i 8 7 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8 8 Technical Specifications for the Work. 8 9 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 m accordance with the General Conditions. There are no Contract Documents other than those listed above in this Article 8 The Contract Documents may only be amended,modified or supplemented as provided in the 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 wntten 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 2-2015 00500-5 of 7 Page 59 of 323 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 9 7 This Contract and the Contract Documents,insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto,and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9 10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9 11 The CONTRACTOR acknowledges that the OWNER(through its employee handbook)considers the following to be misconduct that is grounds for termination of an employee of the OWNER. Any fraud, forgery,misappropriation of funds, receiving payment for services not performed or for hours not worked,mishandling or untruthful reporting of money transactions,destruction of assets, embezzlement, accepting materials of value from vendors,or consultants,and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not,directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 9 12 The CONTRACTOR agrees to comply with Appendix A(attached)of the City of Pearland's Title VI Nondiscrimination Plan Assurances. 2-2015 00500-6 of 7 Page 60 of 323 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. October 10 ,2022. OWNER. CONTRACTO . CITY OF PE AN MetroCity, LL By- By. Anthony R. Rodriquez Title- .s c,"" Title: President Date. 2 t' ? 2rL Date: October 10, 2022 (Corporate Seal) ATTEST ATTEST gi,X4_, ,i `%%%%%%%% �� Gq" Address for giving notices .%`oF pEA,C1"' MetroCity, LLC 4/ • � 17410 County Rd 127 V, to`,•:m" Pearland, TX 77581 ligr Phone: 281-978-3000 '',��''�•i.►nm • ` ``` Fax. Agent for service of process. END OF SECTION 2-2015 00500-7 of 7 Page 61 of 323 Title VI Nondiscrimination Assurances APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the"contractor") agrees as follows (1) Compliance with Regulations The contractor shall comply with the Regulations relative to nondiscrimination in Federally-Assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract (2) Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations (3) Solicitations for Subcontracts, including Procurements of Materials and Equipment• In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin (4) Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sub-Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Sub-Recipient, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information (5) Sanctions for Noncompliance In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Sub-Recipient shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part Page 62 of 323 (6) Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto The contractor shall take such action with respect to any subcontract or procurement as the Sub-Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sub-Recipient to enter into such litigation to protect the interests of the Sub-Recipient, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 63 of 323 CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification I, Anthony R. Rodriguez (Person name), the undersigned representative (hereafter referred to as "Representative") of MetroCity LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18)years of age,after being duly sworn by the undersigned notary, do hereby depose and affirm the following 1 That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland, and 3 That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270 001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. S NATUR FR. " 'ENTA vE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 22 nd day of August , 20 22 77Z/662. - 6 Notary Public Page 64 of 323 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number of business. 2022-897117 MetroCity LLC Pearland,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/09/2022 being filed. City of Pealand Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. ITB 0422-12 Safe Routes to School Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party ❑ 6 UNSWORN DECLARATION My name is Anthony Ray Rodriguez _ , and my date of birth is 7/29/68 My address is 17410 County Rd 127 , Pearland , TX , 77581 (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Brazoria County, State of Texas ,on the 9th day of June ,20 22 (month) (year) Q4 (2 Signature of authorize age�cting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc CITY OF PEARLAND PERFORMANCE BOND Section 00610 Bond No.HSHNSU0816616 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS That MetroCity, LLC of the City of Pearland , County of Brazoria , and State of Texas, as principal, and Harco National 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 Two Million One Hundre TwentySix Thousa (Owner), in the penal sum of$2,126,381 00 Three HunLndEigMy-One&UD�,UI) or 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 12th day of September , 20 22 , (the "Contract") to commence and complete the construction of certain improvements described as follows. Pearland Safe Routes to School Limits. Various -Fite Rd., Glastonbury Dr.,Harkey Rd.,Josephine Dr.,Knapp Rd., McLean Rd., Old Alvin Rd., Old Oaks Blvd., Robinson Dr.,Pearland Pkwy.,McHard Rd., and Veterans Rd. City of Pearland,Texas COP PN. TR 1602 BID NO ITB 0422-12 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 Page 66 of 323 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this ' °0day of 5 .P3re.IV. O&C , 20a2 Principal Surety .NS; t , y MetroCity, LLC Harco National Insurarice_Qb.pang BB Y (:)..--TonyY Rodri u z Kelly J.Broo i �,. • � , Title. President Title- Attorney-in-Fact Address. Address. 17410 County Road 127 702 Oberlin Road Pearland,TX 77581 Raleigh,NC 27605 Telephone. 281-978-3000 Telephone: 281-890-9294 Fax. Fax. 281-890-2229 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 Page 67 of 323 POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered.702 Oberlin Road, Raleigh,North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation organized and existing under the laws of the State of New Jersey and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint KELLY J BROOKS, KENNETH L. MEYER Cypress, TX their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of These presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December 2018. "RESOLVED, that (1) the Chief Executive Officer President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 .'afNSU '. �`oEus>r STATE OF NEW JERSEY STATE OF ILLINOIS ,pp ''elect . �ctos r County of Essex County of Cook •Q4 r _s .Z= SEAL i •j.18D4��R J/� 'O tsef� a Kenneth Chapman •,,•6, '"'N ? .�. lM/ • �' Executive Vice President,Harco National Insurance Company '.......... and International Fidelity Insurance Company On this 31st day of December,2018 before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. •,,�,E A+�,,�� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,at the City of Newark, `Qti E D am!= New Jersey the day and year first above written. (4• soT4gy`N <1„t dh...AL n ; S9,`' Shirelle A.Outley a Notary Public of New Jersey ,,,,,Ea'., My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Lawr1,Af seid'Companies as set forth in said Power of Attorney with the originals on file in the home office of said companies,and that the same see correct ttanscripts<tjiereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force andetfect. - IN TESTIMONY WHEREOF I have hereunto set my hand on this day -' A00426 Irene Ma,lips,Assistant Secretary o,llrfir,,i„ � IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para presentar una queja: You may contact your Harco National Insurance Usted puede comunicarse con su Harco National Company at: Insurance Company al: 1-800-333-4167 1-800-333-4167 You may also write to: Harco National Insurance Usted tambien puede escribir a Harco National Company c/o IFIC Surety Group at: Insurance Company c/o IFIC Surety Group at: Attn Claims Department Attn. Claims Department One Newark Center,20th Floor One Newark Center,20th Floor Newark,NJ 07102 Newark,NJ 07102 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros de to obtain information on companies,coverages,rights Texas para obtener informacion acerca de companias, or complaints at: 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)490-1007 Fax:(512)490-1007 Web: www.tdi.texas.Qov Web:www.tdi.texas.¢ov E-mail:ConsumerProtectiontdi.texas.aov E-mail:ConsumerProtection(�.tdi.texas.eov 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 la compania company first.If the dispute is not resolved,you may primero. Si no se resuelve la disputa,puede entonces contact the Texas Department of Insurance. comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR BOND- UNA ESTE AVISO A SU FIANZA DE GARANTIA: This notice is for information only and does not Este aviso es solo para proposito de informacion y no become a part or condition of the attached document. se convierte en parte o condicion del documento adjunto. CITY OF PEARLAND PAYMENT BOND Section 00611 Bond No.HSHNSU0816616 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS That MetroCity, LLC of the City of Pearland , County of Brazoria , and State of Texas, as principal, and Harco National Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held .and filr�mlly hound unto City of Pearland as Obligee 2,126,381.00Two Mi lion One un ed wenty-Six Thousand (Owner), in the penal sum of$ Three Hundred Eighty-One&ooi,00for 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 12th day of September , 20 22 , (the "Contract") to commence and complete the construction of certain improvements described as follows Pearland Safe Routes to School Limits. Various -Fite Rd., Glastonbury Dr.,Harkey Rd.,Josephine Dr.,Knapp Rd., McLean Rd., Old Alvin Rd.,Old Oaks Blvd.,Robinson Dr.,Pearland Pkwy.,McHard Rd., and Veterans Rd. City of Pearland,Texas COP PN TR 1602 BID NO • ITS 0422-12 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 Page 68 of 323 Bond No.HSHNSU0816616 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this Imlay of 5.f. ,vb , 2022 Principal Surety F T %, MetroCity, LLC Harco National Insurance gorhpary By �Ily ony R drig z J Br•o = 1 - Title: President Title. Attorne -in-Fact • Address. Address �� 17410 County Road 127 702 Oberlin Road Pearland, TX 77581 Raleigh, NC 27605 Telephone 281-978-3000 Telephone. 281-890-9294 Fax. Fax. 289-890-2229 NOTICE- THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER, 1-800-252-3439. END OF SECTION 07/2006 00611 -2 of 2 Page 69 of 323 POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered 702 Oberlin Road, Raleigh,North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation organized and existing under the laws of the State of New Jersey and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint KELLY J BROOKS, KENNETH L. MEYER ; Cypress, TX their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December 2018. "RESOLVED, that (1) the Chief Executive Officer President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December 2018 ,,,,,,,,,,• �,�,'NStf �'•. 4♦�(�Ir f,� STATE OF NEW JERSEY STATE OF ILLINOIS �`q pp...�,' C% ,fir County of Essex e'D /_ County of CookEA�.'� 81 i Its rt // ;O1 t9rf 't J VVV "••,6k'� tttl '�ab ��` s f, a Kenneth Chapman •, 3�•• IV Executive Executive Vice President,Harco National Insurance Company ••�''•0.......``'�, and International Fidelity Insurance Company On this 31st day of December,2018 before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY*that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. �,.1`4E A•�.,�� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,at the City of Newark, •47�' us a�GAor f.. New Jersey the day and year first above written. ys•rB+OTA0,,,0 �<: (jam/, ,,IA QA0aL�G...to ` 'III �I• a. : •„-"'JERS�,,,..,,, Shirelle A.Outley a Notary Public of New Jersey ,r'I I I My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Lawn of said,Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are pori'ect transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect.` '',, 4 IN TESTIMONY WHEREOF I have hereunto set my hand on this day, - .-ii_ -:.-= — V\- ,., t A00426 = Y Irene Martins,Atsis2ant Secret'ary.> IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para presentar una queja: You may contact your Harco National Insurance Usted puede comunicarse con su Harco National Company at: Insurance Company al: 1-800-333-4167 1-800-333-4167 You may also write to: Harco National Insurance Usted tambien puede escribir a Harco National Company do IFIC Surety Group at: Insurance Company do IFIC Surety Group at: Attn: Claims Department Attn Claims Department One Newark Center,20te Floor One Newark Center,20th Floor Newark,NJ 07102 Newark,NJ 07102 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros de to obtain information on companies,coverages,rights Texas para obtener informacion acerca de companias, or complaints at: 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)490-1007 Fax:(512)490-1007 Web: www.tdi.texas.eov Web:www.tdi.texas.gov_ E-mail:ConsumerProtection(a�tdi.texas.eov E-mail:ConsumerProtectionntdi.texas.eov 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 la compania company first.If the dispute is not resolved,you may primero. Si no se resuelve la disputa,puede entonces contact the Texas Department of Insurance. comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR BOND- UNA ESTE AVISO A SU FIANZA DE GARANTIA. This notice is for information only and does not Este aviso es solo para proposito de informacion y no become a part or condition of the attached document. se convierte en parte o condicion del documento adjunto. CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 Bond No.HSHNSU0816616 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS That MetroCity. LLC of the City of Pearland , County of Brazoria , and State of Texas, as principal, and Harco National 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 Two Million One Hundred Twenty-Six Thousan (Owner), in the penal sum of$2,126,381.00ThreeHundredEighty-One and No/OODollars 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 12`'" day of SRO 1 CL- , 2Ot2- (the "Contract") to commence and complete the construction of certain improvements described as follows Pearland Safe Routes to School Limits: Various -Fite Rd., Glastonbury Dr.,Harkey Rd.,Josephine Dr.,Knapp Rd., McLean Rd., Old Alvin Rd.,Old Oaks Blvd.,Robinson Dr.,Pearland Pkwy.,McHard Rd., and Veterans Rd. City of Pearland,Texas COP PN. TR 1602 BID NO.• ITB 0422-12 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 Page 70 of 323 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this ‘ "day of .},eMrz.a- ,20a_a. Principal MetroCity,LLC Surety' Harco National Insurance Conipira,y By CLLcL1 By. = . Tide.Tony Rodriguez, den Title. Kelly J.Bro Attohua - re-Fact Address. Address. 17410 Country Rd. 127 702 Oberlin Road Pearland,Tx 77055 Raleigh,NC 27605 Telephone. 281-978-3000 Telephone 281-890-9294 Fax: Fax. 281-890-2229 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 Page 71 of 323 POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered'702 Oberlin Road,Raleigh,North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation organized and existing under the laws of the State of New Jersey and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint KELLY J BROOKS, KENNETH L. MEYER Cypress, TX their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December 2018 ..,�,tNSU OTr STATE OF NEW JERSEY STATE OF ILLINOIS `q CAti,'t'p County of Essex County of Cook t 010 ma. cr SEAL' SEAL ;o ttl :pV toes t: V. > Kenneth Chapman •.,,`?v,r.*...r�, ! :4, Executive Vice President,Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December,2018 before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY.that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. .+0.1.Ew+OG IN N TESTIMOthe dNY oy and EOF Ifi first above written.have hereunto my hand affixed my Official Seal,at the City of Newark, 4•0rJersey ▪ *TAq `�.2� ▪ PUMA 014°44 a' i, ji.0%`",, Shirelle A.Outley a Notary Public of New Jersey 'i,""r"'', My Commission Expires April 4 2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCF,COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same arecorri ct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and ft ct. - '1 IN TESTIMONY WHEREOF I have hereunto set my hand on this day _ V _ • A00426 i c' Irene Martini' AssistaritSecrejar � �1 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para presentar una queja: You may contact your Harco National Insurance Usted puede comunicarse con su Harco National Company at: Insurance Company al: 1-800-333-4167 1-800-333-4167 You may also write to: Harco National Insurance Usted tambien puede escribir a Harco National Company do IFIC Surety Group at: Insurance Company c/o IFIC Surety Group at: Attn: Claims Department Attn. Claims Department One Newark Center,20th Floor One Newark Center,20th Floor Newark,NJ 07102 Newark,NJ 07102 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros de to obtain information on companies,coverages,rights Texas para obtener informacion acerca de companias, or complaints at: 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)490-1007 Fax:(512)490-1007 Web: www.tdi.texas.eov Web:www.tdi.texas.eov E-mail:ConsumerProtectiona.tdi.texas.eov E-mail:ConsumerProtection(a)tdi.texas.eov 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 la compania company first.If the dispute is not resolved,you may primero. Si nose resuelve la disputa,puede entonces contact the Texas Department of Insurance. comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR BOND- UNA ESTE AVISO A SU FIANZA DE GARANTIA: This notice is for information only and does not Este aviso es solo para proposito de informacion y no become a part or condition of the attached document se convierte en parte o condicion del documento adjunto. 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 Pearland Safe Routes to School 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. _construction of 5-to 6-FT sidewalks with slotted curb along Mclean Rd from Village Creek Dr to Springfield Ave, Veterans Dr at Cowart Crek, Veterans at Springfield Ave,Veterans at Stonebndge Dr, Old Alvin Rd at McHard Rd, Pearland Pkwy from McHard Rd to Hidden Glen Ln, Knapp Rd from Glenda Street to Old Alvin Rd, Old Alvin Rd from Knapp Rd to just south of Knapp Rd, Glastonbury Dr from Robinson Dr to approximately 350' west, Old Oaks Blvd, Fite Rd from east of Harkey Rd to Centennial Village Dr, Harkey Rd from Fite Rd to Josephine Dr, and Josephine Dr from Harkey Rd to Wagon Trial Rd. The work includes regarding swales with safety end treatments, riprap ditches, driveway reconstruction, installation of 20-LF of 7'x7' storm sewer boxes and pavement markings. 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 5-12-12 Page 72 of 323 CITY OF PEARLAND PARTIAL WAIVER OF LIEN County of /- Subscribed and sworn to,before me,this day of , 20 My Commission Expires. Notary Public 5-12-12 Page 73 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1 01 Owner, Contractor and Engineer 1 02 Contract Documents 103 Subcontractor 1 04 Written Notice 105 Work 1 06 Extra Work 1 07 Work Day 1 07-1 Rain Day 1 07-2 Impact Day 1 08 Calendar Day 1 09 Substantially Completed 1 10 Interpretation of Words and Phrases 1 11 Referenced Standards 1 12 Contract Time 1 13 Construction Inspector 1 14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4 2.01 No Warranty of Design 2 02 Right of Entry 2 03 Ownership of Plans 10-2012 00700-i Page 74 of 323 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, Matenals, Construction Plant and Buildings 412 Sanitation 4 13 Cleaning and Maintenance 4 14 Performance of Work 4 15 Right of Owner to Accelerate the Work 10-2012 00700-ii Page 75 of 323 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, Matenalmen, and Furnishers of Equipment, Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 18 5 01 Time and Order of Completion 5 02 Extension of Time 5 03 Hindrances and Delays 5 04 Suspension of Work 5 05 Liquidated Damages for Delay 5 06 Change of Contract Time 5 07 Delays Beyond Owner's and Contractor's Control 6.0 MEASUREMENT AND PAYMENT 21 6 01 Discrepancies and Omissions 6 02 Quantities and Measurements 10-2012 00700- Page 76 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6 03 Estimated Quantities 6 04 Pnce of Work 6 05 Payments 6 06 Partial Payments 6 07 Use of Completed Portions &Punchhst 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 Diffenng Site Conditions 7 02 Suspensions of Work Ordered by the Engineer 7 03 Change Orders 7 04 Request for Work Approval for Work on Non-Work Days 7 05 Minor Changes 7 06 Extra Work 7 07 Time of Filing Claims 8.0 DEFAULT 30 8 01 Default by Contractor 8 02 Supplementation of Contractor Forces 8 03 Cumulative Remedies & Specific Performance 8 04 Cross-Default 10-2012 00700-iv Page 77 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8 05 Insolvency 8 06 Contingent Assignment 8 07 Waiver of Consequential Damages 8 08 Termination for Convenience 8 09 Default by Owner 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO 1 WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO 2 AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B1 ATTACHMENT NO 3 OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR C 1 10-2012 00700-v Page 78 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 101 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authonzed 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 authonzed to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1 02 CONTRACT DOCUMENTS The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, 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 m the following order (1) Plans, (2) Project Manual, (3) Addenda, (4) Instructions to Bidders; (5) Bid Proposal, (6) Modifications in writing and signed by both parties, including any Change Orders; (7) Specifications referenced or included in the Project Manual, (8) Standard Form of Agreement; (9) Special Conditions of Agreement; (10) General Conditions of Agreement, including Attachment No 1 — Workers' Compensation Insurance Coverage, Attachment No 2—Agreement for Final 11-2021 00700- 1 of 35 Page 79 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (11) Payment and CONTRACTOR'S Sworn Release, and Attachment No 3 — Owner's Insurance Requirements of Contractor; and (12) 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 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 matenals 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 11-2021 00700-2 of 35 Page 80 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7 04 for procedure to determine cost for Construction Management and Inspection Services for work on non-work days. 1 07-1 RAIN DAY As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1 12 Contract Time below) 1 07-2 IMPACT DAY As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day (See 1 12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1 08 CALENDAR DAY A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s) 1 09 SUBSTANTIALLY COMPLETED The terms "Substantially Completed", or "Substantially Complete" or "Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1 10 INTERPRETATION OF WORDS AND PHRASES Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction,requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import 11-2021 00700-3 of 35 Page 81 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. Whenever in the Specifications or 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 defusing the character of the work. 111 REFERENCED STANDARDS No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1 12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6 09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of ram 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 11-2021 00700-4 of 35 Page 82 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. 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 tm compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 11-2021 00700-5 of 35 Page 83 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.05 DAMAGES In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3 01 OWNER-ENGINEER RELATIONSHIP The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth 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 11-2021 00700-6 of 35 Page 84 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 3 04 INSPECTION BY ENGINEER. The ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional /or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on-site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3 05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7 07 3 06 RECOMMENDATION OF PAYMENT The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non-conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6 12 and as otherwise provided in the Contract. 11-2021 00700-7 of 35 Page 85 of 323 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 mdemmfy, 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 11-2021 00700- 8 of 35 Page 86 of 323 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 Pnce 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 m Attachment No 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No 3 hereto with regard to all other Insurance. Such 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. 11-2021 00700-9 of 35 Page 87 of 323 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. 411 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 11-2021 00700- 10 of 35 Page 88 of 323 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 debns, trash and waste The CONTRACTOR shall remove waste, debns and trash at the end of each work day CONTRACTOR shall remove all such debris, trash and waste, tools, 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 matenals, 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 matenal must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4 15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 416 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying and shall accomplish this work 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 11-2021 00700- 11 of 35 Page 89 of 323 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 m 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 11-2021 00700- 12 of 35 Page 90 of 323 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. 11-2021 00700- 13 of 35 Page 91 of 323 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, shonng, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him dunng 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 clanfication 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 m visiting or observing dunng 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 entenng 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 mumcrpal 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, bamcades, fences, traffic control, warning signs and other safety devices. 11-2021 00700- 14 of 35 Page 92 of 323 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 wasting 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, m 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 11-2021 00700- 15 of 35 Page 93 of 323 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 11-2021 00700- 16 of 35 Page 94 of 323 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 mjury, 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 penod, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 11-2021 00700- 17 of 35 Page 95 of 323 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 penod covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non-conforming Work discovered after one year If this one-year guarantee conflicts with other warranties or guarantees,the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5 01 TIME AND ORDER OF COMPLETION It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction, provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5 02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the ENGINEER shall submit such written request, together with his written recommendation, to the 11-2021 00700- 18 of 35 Page 96 of 323 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5 03 HINDRANCES AND DELAYS In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER's representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5 04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5 05 LIQUIDATED DAMAGES FOR DELAY It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality The CONTRACTOR further agrees that a failure to complete on time will cause damage to the OWNER and that such damages 11-2021 00700- 19 of 35 Page 97 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the nght 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 11-2021 00700-20 of 35 Page 98 of 323 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, mcluding 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 furmshmg of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, OWNER and CONTRACTOR agree that the Contract is a unit cost agreement, unless stated otherwise, and that the final Contract amount is equal to the unit cost multiplied by the number of units authorized, installed and approved by the Owner The OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for all expenses incurred by him, and for full performance of the Work and the whole thereof in the 11-2021 00700-21 of 35 Page 99 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6 05 PAYMENTS No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval.or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6 06 PARTIAL PAYMENTS When the Contract Price is a lump sum amount, prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 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 mcludmg 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. Such applications for payment shall not be considered complete unless accompanied by the 11-2021 00700-22 of 35 Page 100 of 323 CITY OF PEARLAND GENERAL CONDIf IONS OF AGREEMENT 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 09 FINAL PAYMENT" The Owner at its option and in compliance with Texas law may reduce retainage to less than the above-stated percentages. 6 07 USE OF COMPLETED PORTIONS & PUNCHLIST The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6 08 SUBSTANTIAL COMPLETION The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete" Such notification shall include a list of all outstanding or incomplete items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed 11-2021 00700-23 of 35 Page 101 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT list of unfinished, incomplete, defective and/or non-conforming Work ("Punchhst") If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6 08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchhst in an expeditious manner 6 09 FINAL PAYMENT Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as. (a) the Work, including all Change Orders and including all Punchhst work,has been fully completed in strict accordance with the Contract Documents, (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work 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, 11-2021 00700-24 of 35 Page 102 of 323 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. 11-2021 00700-25 of 35 Page 103 of 323 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 msurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time penod 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 11-2021 00700-26 of 35 Page 104 of 323 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 recogmzed 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 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 11-2021 00700-27 of 35 Page 105 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT not an adjustment of the contract is warranted. (b)No contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. (c)No contract adjustment will be allowed under this clause to the extent that performance would have been suspended by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 7 03 CHANGE ORDERS Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time, which may result from the change. 7 04 In accordance with paragraph 1 06 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall,upon receipt of written notice by the CONTRACTOR of the need to conduct work on otherwise non-Work Days, prepare a cost estimate for providing Construction Management and Inspection services durmg 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 ansing 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 Method (B) --By agreed unit prices or agreed stipulated lump sum price; or 11-2021 00700-28 of 35 Page 106 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Method (C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work plus. a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten (10%) for the subcontractor plus five (5%) for the General Contractor or b) For the General Contractor alone, self-performing the extra work, without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, 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 acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the 11-2021 00700-29 of 35 Page 107 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C) Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and 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 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 11-2021 00700-30 of 35 Page 108 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT without prejudice to any other nghts it may have, after giving five (5) days wntten 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 momes as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER 11-2021 00700-31 of 35 Page 109 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as 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, m OWNER'S sole opinion, fail to furmsh skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 11-2021 00700-32 of 35 Page 110 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8 03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to 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 acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER 11-2021 00700-33 of 35 Page 111 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract 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 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 11-2021 00700-34 of 35 Page 112 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting 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 arid 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 m 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 Brazona 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 Brazona County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 11-2021 00700-35 of 35 Page 113 of 323 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 mcludes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons 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 delivenng 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 begmmng 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 Page 114 of 323 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 Page 115 of 323 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 Page 116 of 323 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 [Official Project Title] (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners'if a partnership, or if a corporation,by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation. 1 The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2 It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3 The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4 It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700-B 1 Page 117 of 323 METRLLC-01 TCHILDERS ACORO® CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) s/1 16/2 s/2o22 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 have ADDITIONAL INSURED provisions or 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 Terrie Childers NAME: W.M.Jones&Company,Inc. PHONE FAX 11111 Wilcrest Green Drive,Suite 420 (A/c,No,Ext):(713)465-0766 (A/C,No): Houston,TX 77042 AD REss:terriec@wmjonesco.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A.Ohio Security Insurance Company 24082 INSURED INSURER B The Ohio Casualty Insurance Company 24074 MetroCity,LLC INSURER C.Texas Mutual Insurance Company 22945 17410 County Rd 127 INSURER D.United Fire&Casualty 13021 Pearland,TX 77581 INSURER E. INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER 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. INSRLR TYPE OF INSURANCE AINSD END POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDD/YYYY) �MMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR BLS61092848 6/10/2022 6/10/2023 DAMAGE TO RENTED 1,000,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY X JE4 LOC PRODUCTS COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) ANY AUTO BAS61092848 6/10/2022 6/10/2023 BODILY INJURY(Per person) $ - OWNED SCHEDULED _ AUTOS ONLY X AUTOS D BODILY INJURY(Per accident) $ X AUTOS ONLY X AUUTOS ONLY (Perraccidenit SAGE B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE U5061092848 6/10/2022 6/10/2023 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY 0002048672 6/10/2022 6/10/2023 1,000,000 ANY OPRIET OFFICER/MEMBERR EXCLUDED?ECUTIVE Y/N N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $ D Equipment Floater 46312091 12/8/2021 12/8/2022 Rented/Leased Equip 200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Porject Named:Pearland Safe Routes of School The General Liability and Auto Liability policies includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, Auto Liability and Workers Compensation policies include a blanket automatic waiver of subrogation endorsement that provide waiver of subrogation status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains a special endorsement with Primary and Non-Contributory wording. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Pearland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2016 Old Alvin Rd. Pearland,TX 77581 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:METRLLC-01 TCHILDERS /°w.1.1 LOC#• 1 ACC0R13° ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED W.M.Jones&Company,Inc. MetroCity LLC 17410 County Rd 127 POLICY NUMBER Pearland,TX77581 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: The General Liability,Auto and Umbrella policies include a 30 day notice of cancellation to specifically named certificate holders, providing that 30 days'notice of cancellation to the certificate holder ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this,the 12thday of September , 2022 CONTRACTOR. By Signature Print Name: Anthony R. Rodriguez Title: President [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 12th day of September 2022 by Anthony R. Rodriguez ,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• Anthony R. Rodriguez 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 Page 118 of 323 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 Page 119 of 323 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 Page 120 of 323 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 msurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5)business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the 'Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700-C 1 Page 121 of 323 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 m 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 earned 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 Page 122 of 323 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 Matenal 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 Page 123 of 323 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 Page 124 of 323 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 wntten 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 engmeenng 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 Page 125 of 323 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 in. Damage arising from error, omission or Included without subhmit deficiency in construction methods, design, specifications, workmanship or matenals, 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 viu. Flood (where applicable) $ TBD ix. Freezing Included without sublimit x. Mechanical breakdown, including hot& Included without subhmit cold testing(where applicable) xi. Notice of cancellation,non-renewal or Included 10-2012 00700-C6 Page 126 of 323 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction—60 days prior written notice to each insured xii. Occupancy clause, as required m F, Included below xiu. Ordinance or law Included without sublimit xiv Pollutant clean-up and removal $ TBD xv Preservation of property Included without sublimit xvi. Replacement cost Included xvu. Theft Included without sublimit xviii. Waiver of subrogation as required 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 Page 127 of 323 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 msurance, 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 Page 128 of 323 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 Page 129 of 323 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, indemmfy 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-C 10 Page 130 of 323 CITY OF PEARLAND LGPP GENERAL CONDITIONS SAFE ROUTES TO SCHOOL-TR1602 AND SCOPE OF WORK ITEM 4L—LGPP SCOPE OF WORK 1 CONTRACT INTENT The intent of the Contract is to describe the completed work to be performed. Furnish materials, supplies,tools, equipment, labor, and other incidentals necessary for the proper prosecution and completion of the work in accordance with Contract documents. 2. PRECONSTRUCTION CONFERENCE Before starting work, schedule and attend a preconstruction conference with the Owner Failure to schedule and attend a preconstruction conference is not grounds for delaying the beginning of working day charges. Work with the Owner to resolve all issues during the course of the Contract. Refer to 00700 General Conditions,Articles 3 05, "Determination of Questions or Disputes" and 9 0, "Dispute Resolution," for all unresolved issues. 3. PARTNERING The intent of this Article is to promote an environment of trust,mutual respect, integrity, and fair-dealing between the Owner and the Contractor Informal partnering does not make use of a facilitator, while formal partnering uses the services of a facilitator(internal or external) 3.1 Procedures for Partnering Meetings and Format. Informal partnering is required, unless formal partnering is mutually agreed to instead of the informal partnering. 3.2. Facilitators. The facilitator is to act as a neutral party seeking to initiate cooperative workmg relationships. This individual must have the technical knowledge and ability to lead and guide discussions. Choose either an internal or external facilitator The facilitator must be acceptable to the Engineer 3.2.1 Internal Facilitators. An Owner or Contractor internal (staff) facilitator may be selected as the facilitator at no additional cost to either party 3.2.2. External Facilitators. A private firm or individual that is independent of the Contractor and the Owner may be selected as the facilitator Submit the facilitator's name and estimated fees for approval before contracting with the facilitator = 3.3. Meetings and Arrangements Coordinate with the Engineer for meeting dates and times, locations including third party facilities, and other needs and appurtenances, including, but not limited to, audio or visual equipment. Make all COP 11-2021 Item 4L 1 of 6 Page 131 of 323 CITY OF PEARLAND LGPP GENERAL CONDITIONS SAFE ROUTES TO SCHOOL-TR1602 AND SCOPE OF WORK meeting arrangements for formal partnering. Use Owner facilities or facilities in the vicinity of the project if available. Submit the estimated meeting costs for approval before finalizing arrangements. Coordinate facilitator discussions before the partnering meeting to allow the facilitator time to prepare an appropriate agenda. Prepare a list of attendees with job titles and include critical Contractor, subcontractor, and supplier staff in the list. Provide the facilitator the list of attendees and invite the attendees listed. The Owner will invite and provide a list of attendees that includes, but is not limited to, Owner, TxDOT, other local governments, law enforcement, railroad, and utility representatives. Participate in additional partnering meetings as mutually agreed. 3.4 Payment. Expenses for labor, Contractor equipment, or overhead will not be allowed. Markups as prescribed in Item 9 7, "Payment for Extra Work and Force Account Method,"will not be allowed. Informal partnering will be conducted with each party responsible for their own costs. For formal partnering using internal facilitators, the Contractor will be responsible for arrangements and for expenses incurred by its internal facilitator, including, but not limited to, meals,travel, and lodging. Owner facilitators, if available, may be used at no additional cost. For formal partnering using external facilitators, submit an invoice to the Engineer for reimbursement. The Owner will reimburse the Contractor for half of the eligible expenses as approved. For external facilitators not approved by the Owner but used at the Contractor's option,the Contractor will be responsible for all costs of the external facilitator For meeting facilities and appurtenances, submit an invoice to the Engineer for reimbursement. The Owner will reimburse the Contractor for half of the eligible expenses as approved. 4 CHANGES IN THE WORK The Engineer reserves the right to make changes in the work including addition, reduction, or elimination of quantities and alterations needed to complete the Contract. Perform the work as altered. These changes will not invalidate the Contract nor release the Surety The Contractor is responsible for notifying the sureties of any changes to the Contract. If the changes in quantities or the alterations do not significantly change the character of the work under the Contract, the altered work will be paid for at the Contract unit price. If the changes in quantities or the alterations significantly COP 11-2021 Item 4L 2 of 6 Page 132 of 323 CITY OF PEARLAND LGPP GENERAL CONDITIONS SAFE ROUTES TO SCHOOL-TR1602 AND SCOPE OF WORK change the character of the work, the Contract will be amended by a change order If no unit prices exist, this will be considered extra work and the Contract will be amended by a change order Provide cost justification as requested, in an acceptable format. Payment will not be made for anticipated profits on work that is eliminated. Agree on the scope of work and the basis of payment for the change order before beginning the work. If there is no agreement, the Engineer may order the work to proceed under Item 9 7, "Payment for Extra Work and Force Account Method," or by making an interim adjustment to the Contract. In the case of an adjustment, the Engineer will consider modifying the compensation after the work is performed. A sigmficant change m the character of the work occurs when. • the character of the work for any item as altered differs matenally in kind or nature from that in the Contract or • a major item of work varies by more or less than 25% from the onginal Contract quantity When the quantity of work to be done under any major item of the Contract is more than 125% of the onginal quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. When the quantity of work to be done under any major item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the umt price. When mutually agreed, the unit price may be adjusted by multiplying the Contract unit pace by the factor in Table 1 If an adjusted unit price cannot be agreed upon, the Engineer may determine the unit price by multiplying the Contract unit pnce by the factor in Table 1 Table 1 Quantity-Based Price Adjustment Factors % of Original Quantity Factor > 50 and< 75 1 05 >25 and< 50 115 <25 1.25 If the changes require additional working days to complete the Contract, Contract working days will be adjusted in accordance with Item 8, "Prosecution and Progress." COP 11-2021 Item 4L 3 of 6 Page 133 of 323 CITY OF PEARLAND LGPP GENERAL CONDITIONS SAFE ROUTES TO SCHOOL-TR1602 AND SCOPE OF WORK 5. DIFFERING SITE CONDITIONS During the progress of the work, differing subsurface or latent physical conditions may be encountered at the site. The 2 types of differing site conditions are defined as. • those that differ materially from those indicated in the Contract and • unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. Notify the Engineer in writing when differing site conditions are encountered. The Engineer will notify the Contractor when the Owner discovers differing site conditions. Unless directed otherwise, do not work on the affected items and leave the site undisturbed. The Engineer will investigate the conditions and determine whether diffenng site conditions exist. If the differing site conditions cause an increase or decrease in the cost or number of working days specified for the performance of the Contract, the Engineer will make adjustments, excluding the loss of anticipated profits, in accordance with the Contract. Additional compensation will be made only if the required written notice has been provided. 6. REQUEST FOR ADDITIONAL COMPENSATION Notify the Engineer in writing of any intent to request additional compensation once there is knowledge of the basis for the request. An assessment of damages is not required to be part of this notice but is desirable. The intent of the written notice requirement is to provide the Owner an opportunity to evaluate the request and to keep an accurate account of the actual costs that may arise. Minimize impacts and costs. If written notice is not given, the Contractor waives the right to additional compensation unless the circumstances could have reasonably prevented the Contractor from knowing the cost impact before performing the work. Notice of the request and the documentation of the costs will not be construed as proof or substantiation of the validity of the request. Submit the request in enough detail to enable the Owner to determine the basis for entitlement, adjustment in the number of working days specified in the Contract, and compensation. Refer to 00700 General Conditions Article 7 0 Extra Work and Claims. The Owner will not consider fees and interest on requests for additional compensation. Fees include, but are not limited to preparation, attorney, printing, shipping, and various other fees. COP 11-2021 Item 4L 4 of 6 Page 134 of 323 CITY OF PEARLAND LGPP GENERAL CONDITIONS SAFE ROUTES TO SCHOOL-TR1602 AND SCOPE OF WORK Damages occur when impacts that are the responsibility of the Owner result m additional costs to the Contractor that could not have been reasonably anticipated at the time of letting. Costs of performing additional work are not considered damages. For Contractor damages, the intent is to reimburse the Contractor for actual expenses ansing out of a compensable impact. No profit or markups, other than labor burden, will be allowed. For damages, labor burden will be reimbursed at 35%unless the Contractor can justify higher actual cost. Justification for a higher percentage must be in accordance with the methodology provided by the Owner, submitted separately for project overhead labor and direct labor, and determined and submitted by a Certified Public Accountant(CPA) Submit CPA- prepared labor burden rates directly to the Owner If the Contractor requests compensation for delay damages and the delay is determined to be compensable, then standby equipment costs and project overhead compensation will be based on the duration of the compensable delay and will be limited as follows. 6.1 Standby Equipment Costs Payment, approved will be the published rental rates reduced by 50 percent. There should be no operatmg cost included in the rate used and the standy time should not exceed 8 hours per day or the usual hous established by the rate guide if available. 6.2. Project Overhead. Project overhead is defined as the administrative and supervisory expenses incurred at the work locations. When delay to project completion occurs, reimbursement for project overhead for the Contractor will be made using the following option. ■ actual documented costs for the impacted penod. Project overhead for delays impacting subcontractors will be determined from actual documented costs submitted by the Contractor Time extensions and suspensions alone will not be justification for reimbursement for project overhead. 6.3. Home Office Overhead. The Owner will not compensate the Contractor for home office overhead. 7. DISPUTE OR CLAIMS PROCEDURE The dispute resolution policy promotes a cooperative attitude between the Engineer and Contractor Emphasis is placed on resolving issues while they are still current, at the project office, and in an informal manner Open shanng of information is encouraged by all parties involved so the information provided completely and accurately reflects the issues and facts. If information is not COP 11-2021 Item 4L 5 of 6 Page 135 of 323 CITY OF PEARLAND LGPP GENERAL CONDITIONS SAFE ROUTES TO SCHOOL-TR1602 AND SCOPE OF WORK shared, decisions may be limited to relying on the documentation that is available for review The Owners' goal is to have a dispute settled by the Engineer before elevating it as a claim. If the Contractor desires to take exception to any direction or instruction given by the Engineer, follow the procedures as outlined in 00700 General Conditions, Article 7 07 Time of Filing Claims. If a dispute cannot be resolved, follow the procedures as outlined in 00700 General Conditions, Article 9 0 Dispute Resolution. COP 11-2021 Item 4L 6 of 6 Page 136 of 323 CITY OF PEALAND LGPP CONTROL OF THE WORK SAFE ROUTES TO SCHOOLS-TR1602 5L—LGPP CONTROL OF THE WORK 1 AUTHORITY OF ENGINEER The Engineer has the authority to observe, test, inspect, approve, and accept the work on behalf of the Owner The Engineer decides all questions about the quality and acceptability of materials, work performed, work progress, Contract interpretations, and acceptable Contract fulfillment. The Engineer has the authority to enforce and make effective these decisions. The Engineer acts as a referee in all questions arising under the terms of the Contract. The Engineer's decisions will be final and binding. 2. PLANS AND WORKING DRAWINGS When required,provide working drawings to supplement the plans with all necessary details not included on the Contract plans. Prepare and furnish working drawings in a timely manner and obtain approval, if required,before the beginning of the associated work. For all working drawing submittal requirements, the Engineer may allow electromc and other alternative submission procedures. Have a licensed professional engineer sign, seal, and date the working drawings as indicated in Table 1 Prepare working drawings using United States standard measures in the English language. The routing of submittals for review and approval will be established at the preconstruction conference. The Contractor is responsible for the accuracy, coordination, and conformity of the various components and details of the working drawings. Owner approval of the Contractor's working drawings will not relieve the Contractor of any responsibility under the Contract. The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. COP 11-2021 Item 5L 1 of 8 Page 137 of 323 CITY OF PEALAND LGPP CONTROL OF THE WORK SAFE ROUTES TO SCHOOLS-TR1602 Table 1 Signature and Approval Requirements for Working Drawings Requires Licensed Professional Requires Working Drawings For Engineer's Owner Signature, Seal, Approval and Date 1 Alternate or optional designs submitted by Yes Yes Contractor 2. Supplementary shop and No See fabrication drawings for unless required applicable structural Items on the plans Item 3 Contractor-proposed temporary facilities that Yes Yes affect the public safety, not included on the plans Bridges, retaining Yes 4 Form walls, and unless otherwise Not and other major shown on the plans falsework structures details Minor No structures unless otherwise No shown on the plans 5 Erection drawings Yes NoI'2 6 Contractor-proposed major modifications to Yes Yes traffic control plan I The Engineer may require that the Contractor have a licensed professional engineer certify that the temporary works are constructed according to the sealed drawings. 2. Approval is required for items spanning over live traffic or where safety of the traveling public is affected, in the opinion of the Engineer 3. CONFORMITY WITH PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS Furnish materials and perform work in reasonably close conformity with the lines, grades, cross-sections, dimensions, details, gradations, physical and chemical characteristics of materials, and other requirements shown in the Contract (including additional plans for non-site-specific work). Reasonably close conformity limits will be as defined in the respective items of the Contract or, if not defined, as determined by the Engineer Obtain approval before deviating COP 11-2021 Item 5L 2 of 8 Page 138 of 323 CITY OF PEALAND LGPP CONTROL OF THE WORK SAFE ROUTES TO SCHOOLS-TR1602 from the plans and approved working drawings. Do not perform work beyond the lines and grades shown on the plans or any extra work without the Engineer's approval. Work performed beyond the lines and grades shown on the plans or any extra work performed without approval is considered unauthorized and excluded from pay consideration. The Owner will not pay for material rejected due to improper fabrication, excess quantity, or any other reasons within the Contractor's control. 3.1 Acceptance of Defective or Unauthorized Work. When work fails to meet Contract requirements,but is adequate to serve the design purpose, the Engineer will decide the extent to which the work will be accepted and remain in place. The Engineer will document the basis of acceptance by a letter and may adjust the Contract price. 3.2. Correction of Defective or Unauthorized Work. When work fails to meet Contract requirements and is inadequate to serve the design purpose it will be considered defective. Correct, or remove and replace, the work at the Contractor's expense, as directed. The Engineer has the authority to correct or to remove and replace defective or unauthorized work. The cost may be deducted from any money due or to become due to the Contractor 4. COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS The specifications, accompanying plans (including additional plans for non-site- specific work), special provisions, change orders, and supplemental agreements are intended to work together and be interpreted as a whole. Numerical dimensions govern over scaled dimensions. Special provisions govern over plans (including general notes), which govern over standard specifications and special specifications. Job-specific plan sheets govern over standard plan sheets. However, in the case of conflict between plans (including general notes) and specifications regarding responsibilities for hazardous materials and traffic control in Items 1L through 9L and Item 502, "Barricades, Signs, and Traffic Handling," special provisions govern over standard specifications and special specifications, which govern over the plans. Notify the Engineer promptly of any omissions, errors, or discrepancies discovered so that necessary corrections and interpretations can be made. Failure to promptly notify the Engineer will constitute a waiver of all claims for misunderstandings or ambiguities that result from the errors, omissions, or discrepancies discovered. COP 11-2021 Item 5L 3 of 8 Page 139 of 323 CITY OF PEALAND LGPP CONTROL OF THE WORK SAFE ROUTES TO SCHOOLS-TR1602 5. COOPERATION OF CONTRACTOR Cooperate with the Engineer Respond promptly to instructions from the Engineer Provide all information necessary to administer the Contract. Designate in writing a competent, English-speaking Superintendent employed by the Contractor The Superintendent must be experienced with the work being performed and capable of reading and understanding the Contract. Ensure the Superintendent is available at all times and able to receive instructions from the Engineer or authorized Owner representatives and to act for the Contractor The Engineer may suspend work without suspending working day charges if a Superintendent is not available or does not meet the above criteria. At the written request of the Engineer, immediately remove from the project any employee or representative of the Contractor or a subcontractor who, in the opinion of the Engineer, does not perform work in a proper and skillful manner or who is disrespectful, intemperate, disorderly, uncooperative, or otherwise objectionable. Do not reinstate these individuals without the written consent of the Engineer Furnish suitable machinery, equipment, and construction forces for the proper prosecution of the work. Provide adequate lighting to address quality requirements and inspection of nighttime work. The Engineer may suspend the work without suspending working day charges until the Contractor complies with this requirement. All work associated with fulfilling this requirement is subsidiary to the various items of the Contract and no direct compensation will be made. 6. COOPERATING WITH UTILITIES Use established safety practices when working near utilities. Consult with the appropriate utilities before beginning work. Notify the Engineer immediately of utility conflicts. The Engineer will decide whether to adjust utilities or adjust the work to eliminate or lessen the conflict. Unless otherwise shown on the plans,the Engineer will make necessary arrangements with the utility owner when utility adjustments are required. Use work procedures that protect utilities or appurtenances that remain in place during construction. Cooperate with utilities to remove and rearrange utilities to avoid service interruption or duplicate work by the utilities. Allow utilities access to the right of way Immediately notify the appropriate utility of service interruptions resulting from damage due to construction activities. Cooperate with utilities until service is COP 11-2021 Item 5L 4 of 8 Page 140 of 323 CITY OF PEALAND LGPP CONTROL OF THE WORK SAFE ROUTES TO SCHOOLS-TR1602 restored. Maintain access to active fire hydrants at all times unless approved by the Engineer 7. COOPERATION BETWEEN CONTRACTORS Cooperate and coordinate with other Contractors working within the limits or adjacent to the limits. 8. COOPERATION WITH RAILROADS Plan and prosecute portions of the work involving a railway to avoid interference with or hindrance to the railroad company If the work is on railroad right of way, do not interfere with the operation of the railroad company's trains or other property 8.1 Project-Specific Information. Refer to project-specific plan sheets in the Contract for specific information concerning the work to be completed by both the Contractor and the railroad within railroad right of way; railroad right of way locations impacted by construction, percentage of Contract work at each location, train movements at each location, and requirements for railroad insurance, flagging, and Right of Entry(ROE)Agreements. 8.2. Right of Entry Agreement(if required) The process for obtaining a fully executed ROE Agreement will be as follows. • The Owner will send the unexecuted ROE Agreement to the Contractor with the unexecuted construction Contract. • Partially execute the ROE Agreement and return it to the Department with the required insurance attached. • The Owner will coordinate with the railroad company regarding the further execution of the ROE Agreement and associated fees. The Owner will pay any ROE Agreement fees directly to the railroad company • Once the Owner has received the fully-executed ROE Agreement from the railroad company,the Owner will forward the fully-executed ROE Agreement to the Contractor 9 CONSTRUCTION SURVEYING Use Method A unless otherwise specified in the Contract. Upon request, the Engineer will allow the Contractor to copy available earthwork cross-sections, computer printouts or data files, and other information necessary to establish and control work. Maintain the integrity of control points. Preserve all control pomts, stakes, marks, and right of way markers. Assume cost and responsibility of replacing disturbed control points, stakes, marks, and right of way markers COP 11-2021 Item 5L 5 of 8 Page 141 of 323 CITY OF PEALAND LGPP CONTROL OF THE WORK SAFE ROUTES TO SCHOOLS-TR1602 damaged by the Contractor's or its subcontractor operations. If the Owner repairs disturbed control points, stakes, marks, or right of way markers, the cost of repair may be deducted from money due or to become due to the Contractor Replace right of way markers under the direction of a RPLS This work will be subsidiary to pertinent items. The Engineer reserves the right to make measurements and surveys to determine the accuracy of the work and determine pay quantities. The Engineer's measurements and surveys do not relieve the Contractor's responsibility for accuracy of work. Allow the Engineer adequate time to verify the surveying. 91 Method A. The Engineer will set control points for establishing lines, slopes, grades, and centerlines and for providing both vertical and horizontal control. At a minimum,provide a controlling pair of monument points at both the beginning and end of construction project for projects less than 2 miles in length. For projects greater than 2 miles in length,monuments will be set in pairs of 2 at a minimum of 2 miles based on the overall length of the project. Use these control points as reference to perform the work. Furnish materials, equipment, and qualified workforce necessary for the construction survey work. Place construction points, stakes, and marks at intervals sufficient to control work to established tolerances. Place construction stakes at intervals of no more than 100 ft., or as directed. Place stakes and marks so as not to interfere with normal maintenance operations. 9.2. Method B The Engineer will set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. Furnish additional work, stakes, materials, and templates necessary for marking and maintaining points and lines. 9 3. Method C Set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. 10 INSPECTION Inspectors are authorized representatives of the Engineer Inspectors are authorized to examine all work performed and materials furnished, mcludmg preparation, fabrication, and material manufacture. Inspectors inform the Contractor of failures to meet Contract requirements. Inspectors may reject work or materials and may suspend work until any issues can be referred to and decided by the Engineer Inspectors cannot alter, add, or waive Contract provisions, issue instructions contrary to the Contract, act as foremen for the Contractor, or interfere with the management of the work. Inspection, or lack of inspection, will not relieve the Contractor from obligation to provide materials or perform the work in accordance with the Contract. COP 11-2021 Item 5L 6 of 8 Page 142 of 323 CITY OF PEALAND LGPP CONTROL OF THE WORK SAFE ROUTES TO SCHOOLS-TR1602 Provide safe access to all parts of the work and provide information and assistance to the Engineer to allow a complete and detailed inspection. Give the Engineer sufficient notice to inspect the work. Work performed without suitable inspection, as determined by the Engineer,may be ordered removed and replaced at Contractor's expense. Remove or uncover portions of finished work as directed. Once inspected, restore work to Contract requirements. When a government entity, utility,railroad company, or other entity accepts or pays a portion of the Contract,that organization's representatives may inspect the work but cannot direct the Contractor The right of inspection does not make that entity a party to the Contract and does not interfere with the rights of the parties to the Contract. 11 FINAL CLEANUP Upon completion of the work, remove litter, debris, objectionable material, temporary structures, excess materials, and equipment from the work locations. Clean and restore property damaged by the Contractor's operations during the prosecution of the work. Leave the work locations in a neat and presentable condition. This work will not be paid for directly but will be considered subsidiary to items of the Contract. Remove from the right of way cofferdams, construction buildings, material and fabrication plants, temporary structures, excess materials, and debris resulting from construction. Where work is in a stream, remove debris to the ground line of the bed of the stream. Leave stream channels and rights of way in a neat and presentable condition. Clean structures to the flow line or the elevation of the outfall channel, whichever is higher Dispose of all excess material in accordance with federal, state, and local regulations. 12. FINAL ACCEPTANCE 12.1 Final acceptance is made when all work is complete and the Engineer, in writmg, accepts all work for the work locations in the Contract. 12.1 1 Work Completed. Work completed must include work for vegetative establishment and maintenance, test, and performance periods and work to meet the requirements of Item 5 11 , "Final Cleanup " 12.1.2. Final Inspection. After all work is complete, the Contractor will request a final inspection by the Engineer authorized to accept the work. The final inspection will be made as soon as possible, and not later than 10 calendar days after the request. No working day charges will be made between the date of request and final inspection. COP 11-2021 Item 5L 7 of 8 Page 143 of 323 CITY OF PEALAND LGPP CONTROL OF THE WORK SAFE ROUTES TO SCHOOLS-TR1602 After the final inspection, if the work is satisfactory, the Engineer will notify the Contractor in writing of the final acceptance of the work. If the final inspection finds any work to be unsatisfactory, the Engineer will identify in writing all deficiencies in the work requiring correction. Correct the deficiencies identified. Working day charges will resume if these deficiencies are not corrected within 7 calendar days, unless otherwise approved. Upon correction, the Engineer will make an inspection to verify that all deficiencies were corrected satisfactorily The Engineer will provide written notice of the final acceptance. 12.1.3. Final Measurement. Final measurements and pay quantity adjustments maybe made after final acceptance. 12.14 Removal of Traffic Control Devices. Remove construction traffic control devices and advance warning signs upon final acceptance or as directed. COP 11-2021 Item 5L 8 of 8 Page 144 of 323 CITY OF PEALAND LGPP CONTROL OF MATERIALS SAFE ROUTES TO SCHOOLS-TR1602 ITEM 6L—LGPP CONTROL OF MATERIALS 1 SOURCE CONTROL Use only materials that meet Contract requirements. Unless otherwise specified or approved, use new materials for the work. Secure the Engineer's approval of the proposed source of materials to be used before their delivery Materials can be approved at a supply source or staging area but may be reinspected at the project site in accordance with Item 6 4, "Sampling, Testing and Inspection." 11 Buy America. Comply with the latest provisions of Buy America as listed at 23 CFR 635 410 Use steel or iron materials manufactured in the United States except when. • the cost of materials, including delivery, does not exceed 0 1% of the total Contract cost or$2,500, whichever is greater; • the Contract contains a replacement alternate item for a foreign source steel or iron product and the Contract is awarded based on the replacement alternate item, or • the materials are temporarily installed. Provide a notarized original of the TxDOT FORM D-9-USA-1 (or equivalent) with the proper attachments for verification of compliance. Manufacturing is any process that modifies the chemical content, physical shape or size, or final finish of a product. Manufacturing begins with initial melting and mixing and continues through fabrication(cutting, drilling, welding,bending, etc.) and coating(paint, galvanizing, epoxy, etc.). 1.2. Convict Produced Materials. Materials produced by convict labor may only be incorporated in the work if such materials have been. • produced by convicts who are on parole, supervised release, or probation from prison, or • produced in a qualified prison facility A"qualified prison facility"means any prison facility in which convicts, during the 12-month period ending July 1, 1987,produced materials for use in federal- aid highway construction projects. 2. MATERIAL QUALITY Correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results. Reimburse the Owner for cost incurred if additional sampling and testing is required by a change of source. COP 11-2021 Item 6L 1 of 6 Page 145 of 323 CITY OF PEALAND LGPP CONTROL OF MATERIALS SAFE ROUTES TO SCHOOLS-TR1602 Materials not meeting Contract requirements will be rejected, unless the Engmeer approves corrective actions. Upon rejection, immediately remove and replace rejected materials. If the Contractor does not comply with this article, the Owner may have defective material removed and replaced. The cost of testing, removal, and replacement will be deducted from the estimate. 3. MANUFACTURER WARRANTIES Transfer to the Owner warranties and guarantees required by the Contract or received as part of normal trade practice. 4. SAMPLING, TESTING,AND INSPECTION Incorporate into the work only material that has been inspected, tested, and accepted by the Engineer Remove, at the Contractor's expense, materials from the work locations that are used without prior testing and approval or written permission. Unless otherwise mutually agreed, the material requirements and standard test methods in effect at the time the proposed Contract is advertised govern. Unless otherwise noted, the Engineer will perform testing at Owner's expense. In addition to facilities and equipment required by the Contract, furnish facilities and calibrated equipment required for tests to control the manufacture of construction items. If requested, provide a complete written statement of the origin, composition, and manufacture of materials. All materials used are subject to inspection or testing at any time during preparation or use. Material which has been tested and approved at a supply source or staging area may be reinspected or tested before or during incorporation into the work, and rejected if it does not meet Contract requirements. Copies of test results are to be made available upon request. Do not use material that, after approval, becomes unfit for use. Unless otherwise noted in the Contract, all testing must be performed within the United States and witnessed by the Engineer If materials or processes require testing outside the contiguous 48 United States,reimburse the Owner for inspection expenses. 5. PLANT INSPECTION AND TESTING The Engineer may,but is not obligated to, inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. COP 11-2021 Item 6L 2 of 6 Page 146 of 323 CITY OF PEALAND LGPP CONTROL OF MATERIALS SAFE ROUTES TO SCHOOLS-TR1602 If inspection is at the plant, meet the following conditions unless otherwise specified. • Cooperate fully and assist the Engineer during the inspection. • Ensure the Engineer has full access to all parts of the plant used to manufacture or produce materials. • In accordance with pertinent items and the Contract, provide a facility at the plant for use by the Engineer as an office or laboratory • Provide and maintain adequate safety measures and restroom facilities. • Furnish and calibrate scales, measuring devices, and other necessary equipment. The Engineer may provide inspection for periods other than daylight hours if: • continuous production of materials for Owner use is necessary due to the production volume being handled at the plant, and • the lighting is adequate to allow satisfactory inspection. 6. STORAGE OF MATERIALS Store and handle materials to preserve their quality and fitness for the work. Store materials so that they can be easily inspected and retested. Place materials under cover, on wooden platforms, or on other hard, clean surfaces as necessary or when directed. Obtain approval to store materials on the right of way Storage space off the right of way is at the Contractor's expense. 7. OWNER-FURNISHED MATERIAL The Owner will supply materials as shown in the Contract documents. The cost of handling and placing materials supplied by the Owner will not be paid for directly but is subsidiary to the item in which they are used. Assume responsibility for materials upon receipt. 8. USE OF MATERIALS FOUND ON THE RIGHT OF WAY Material found in the excavation areas and meeting the Owner's specifications may be used in the work. This material will be paid for at the Contract bid price for excavation and under the item for which the material is used. Do not excavate or remove any material from within the right of way that is not within the limits of the excavation without written permission. If excavation is allowed within a right of way project-specific location(PSL), replace the removed material with suitable material at no cost to the Owner as directed. COP 11-2021 Item 6L 3 of 6 Page 147 of 323 CITY OF PEALAND LGPP CONTROL OF MATERIALS SAFE ROUTES TO SCHOOLS-TR1602 9. RECYCLED MATERIALS The Owner will not allow hazardous wastes, as defined in 30 TAC 335, proposed for recycling to be used on the project. Use nonhazardous recyclable materials (NRMs) only if the specification for the item does not disallow or restrict use. Determine if NRMs are regulated under 30 TAC 312, 330, 332, 334, or 335, and comply with all general prohibitions and requirements. Use NRMs in accordance with DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials Guidelines," and furnish all documentation required by that specification. 10 HAZARDOUS MATERIALS Use materials that are free of hazardous matenals as defined in Specification ITEM 1 L—LGPP Abbreviations and Definitions Supplement. Notify the Engineer immediately when a visual observation or odor indicates that materials in required material sources or on sites owned or controlled by the owner may contain hazardous materials. Except when the contract includes bid items for the contractor to remove hazardous materials, the Engineer is responsible for testing and removing or disposing of hazardous materials not introduced by the Contractor on sites owned or controlled by the Owner as indicated below The plans will indicate locations where paint on steel is suspected to contain hazardous materials and where regulated asbestos containing materials have been found. The Engineer may suspend work wholly or in part during the testing, removal, or disposition of hazardous materials on sites owned or controlled by the Owner, except in the case of when the contract includes removing and disposing of hazardous materials. When a visual observation or odor indicates that materials delivered to the work locations by the Contractor may contain hazardous materials, have an approved commercial laboratory test the materials for contamination. Remove,remediate, and dispose of any of these materials found to be contaminated. Testing,removal, and disposition of hazardous materials introduced onto the work locations by the Contractor will be at the Contractor's expense. Working day charges will not be suspended and extensions of working days will not be granted for activities related to handling hazardous material delivered by the Contractor 10.1 Painted Steel Requirements Paint containing hazardous materials will be removed as shown on the plans. 10.1 1 Paint Removed by Third Party The Owner may provide a third party to remove paint containing hazardous materials where paint must be removed to perform work or to allow dismantling of the steel. COP 11-2021 Item 6L 4 of 6 Page 148 of 323 CITY OF PEALAND LGPP CONTROL OF MATERIALS SAFE ROUTES TO SCHOOLS-TR1602 10.1.2. Paint Removed by the Contractor This work may only be performed by a firm or company with one of the following certifications: • SSPC-QP2 certification for lead painting operations, or • Certified Lead Firm by the Texas Department of State Health Services. Maintain certification for the duration of the work. Provide copies of audits or certification if requested. Comply with worker and public safety regulations, including,but not limited to, OSHA 29 CFR Parts 1910 1025, 1926 62, and 1926 63 Monitor permissible exposure limits in accordance with OSHA requirements. Remove paint containing hazardous materials from designated areas shown on the plans or as directed. Comply with access limitations shown on the plans. Provide power hand tools, equipped with high-efficiency particulate air filter vacuums to mechanically remove paint. Contain, collect, store, transport, and dispose of all waste generated by cleaning operation in accordance with local, state, and federal requirements including 40 CFR 302. Properly characterize and dispose of all wastes. Manage any hazardous wastes in accordance with regulatory requirements and dispose in a facility authorized to accept such wastes. Provide copies of disposal manifests. The work performed,materials furnished, equipment, labor, tools, and incidentals will be paid for in accordance with Item 446, "Field Cleaning and Painting Steel " 10.2. Removal and Disposal of Painted Steel. Painted steel will be disposed of at a steel recycling or smelting facility unless otherwise shown on the plans. If the paint contains hazardous materials, maintain and make available to the Engineer invoices and other records obtained from the facility showing the received weight of the steel and the facility name. For steel that is dismantled by unbolting, no paint stripping will be required. Use care to not damage existing paint. When dismantling is performed using flame or saw-cutting methods to remove steel elements coated with paint containing hazardous materials, the plans will show stripping locations. The work provided,materials furnished, equipment, labor, tools, and incidentals will be paid for in accordance with Item 496, "Removing Structures," and Item 497, "Sale of Salvageable Material." 10.3. Asbestos Requirements. The plans will indicate locations or elements where asbestos containing materials(ACM) have been found. At locations where previously unknown ACM has been found, the Owner will arrange for abatement COP 11-2021 Item 6L 5 of 6 Page 149 of 323 CITY OF PEALAND LGPP CONTROL OF MATERIALS SAFE ROUTES TO SCHOOLS-TR1602 by a third party For work at these locations, notify the Engineer of proposed dates of demolition or removal of structural elements with ACM at least 60 days before work is to begin to allow the Owner enough time to abate the asbestos. 10 4 Work Performed by a Third Party When the work for removal of paint or asbestos abatement is to be provided by a third party, coordinate and cooperate with the third party and the Owner Continue other work detailed on the plans not directly involved in the paint removal or asbestos abatement work. Provide notice to the Owner regarding the progress of the work to allow the Owner enough time to schedule the third party work. 11 SURPLUS MATERIALS Take ownership of surplus materials unless otherwise shown on the plans or as directed by the Engineer Remove and dispose of materials in accordance with federal, state, and local regulations. If requested, provide an appropriate level of documentation to verify proper disposal. When materials are disposed of on private property,provide written authorization from the property owner for the use of the property for this purpose upon request. COP 11-2021 Item 6L 6 of 6 Page 150 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES ITEM 7L—LGPP LEGAL RELATIONS AND RESPONSIBILITIES 1 SAFETY 1 1 Point of Contact. Designate a Contractor Safety Point of Contact (CSPOC) The Owner will assign an Owner employee for their point of contact designated as Owner's Safety Point of Contact OSPOC. The CSPOC will ensure that the Contractor's and Subcontractor's employees' use the appropriate personal protection equipment(hard hats, safety vests,protective toe footwear, etc.) The CSPOC will ensure that crew leaders and foremen(including subcontractors) have attended the required training. 1.2. Safety Preconstruction Meeting. In cooperation with the Engineer, schedule and attend a safety preconstruction meeting(may be a part of the preconstruction conference in Article 4.2., "Preconstruction Conference." Attendees for this safety preconstruction meeting will be: • the Contractor," • subcontractors, • Owner, • local law enforcement, and • other personnel that play an active role on the project. 13. Public Safety and Convenience. Ensure the safety and convenience of the public and property as provided in the Contract and as directed by the Engineer Keep existing roadways open to traffic or construct and maintain detours and temporary structures for safe public travel. Manage construction to minimize disruption to traffic. Maintain the roadway in a good and passable condition, including proper drainage and provide for ingress and egress to adjacent property Store all equipment not in use in a manner and at locations that will not interfere with the safe passage of traffic. Provide qualified flaggers in accordance with Item 502.2.2., "Flaggers,"for the safety and convenience of the traveling public and workers, as directed. If the Engineer determines that any of the requirements of this article have not been met, the Engineer may take any necessary corrective action. This will not change the legal responsibilities set forth in the Contract. The cost to the Owner for this work will be deducted from any money due or to become due to the Contractor 14 Use of Blue Warning Lights Texas Transportation Code 547 105 authonzes the use of warning lights to promote safety and provides an effective means of gaimng the travelling public's attention as they drive in areas where construction COP 11-2021 Item 7L 1 of 13 Page 151 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES crews are present. In order to influence the public to move over when high risk construction activities are takmg place, minimize the utilization of blue warning lights. These lights must be used only while performing work on or near the travel lanes or shoulder where the travelling public encounters construction crews that are not protected by a standard work zone set up such as a lane closure, shoulder closure, or one-way traffic control. Refrain from leaving the warning lights engaged while travelling from one work location to another or while parked on the right of way away from the pavement or a work zone. 1.5. Barricades, Warning and Detour Signs, and Traffic Handling. Provide, install, move,replace,maintain, clean, and remove all traffic control devices in accordance with the traffic control devices specifications and as shown on the plans and as directed. If details are not shown on the plans, provide devices and work in accordance with the TMUTCD and as directed by the Engineer When authorized or directed by the Engineer, provide additional signs or traffic control devices not required by the plans. If an unexpected situation arises that causes the Contractor to believe that the traffic control should be changed, make all reasonable efforts to promptly contact the Engineer Take prudent actions until the Engineer can be contacted. The Engineer may authorize or direct in writing the removal or relocation of project limit advance warning signs. When project limit advance warning signs are removed before final acceptance, traffic control in accordance with the TMUTCD may be used for minor operations as approved. Removal or relocation of project limit advance warning signs does not imply final acceptance. 2. LAWS TO BE OBSERVED Comply with all federal, state, and local laws, ordinances, and regulations that affect the performance of the work. Indemnify and save harmless the Owner and its representatives against any claim arising from violation by the Contractor of any law, ordinance, or regulation. This Contract is between the Owner and the Contractor only No person or entity may claim third-party beneficiary status under this Contract or any of its provisions, nor may any non-party sue for personal injuries or property damage under this Contract. 3. PERMITS, LICENSES, AND TAXES Procure all permits and licenses; pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of work, except for permits provided by the Owner and as specified in Article 7 6., "Preservation of Cultural and Natural Resources and the Environment." COP 11-2021 Item 7L 2 of 13 Page 152 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES 4. PATENTED DEVICES, MATERIAL, AND PROCESSES Indemnify and save harmless the Owner from any claims for infringement from the Contractor's use of any patented design, device, material, process, trademark, or copyright selected by the Contractor and used in connection with the work. Indemnify and save harmless the Owner against any costs, expenses, or damages that it may be obliged to pay,by reason of this infringement, at any time during the prosecution or after the completion of the work. 5. PERSONAL LIABILITY OF PUBLIC OFFICIALS Owner employees are agents and representatives of the Owner and will incur no liability, personal or otherwise, in carrying out the provisions of the Contract or in exercising any power or authority granted under the Contract. 6. PRESERVATION OF CULTURAL AND NATURAL RESOURCES AND THE ENVIRONMENT If the Contractor initiates changes to the Contract and the Owner approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agencies. 6.1 Cultural Resources. Cease all work immediately if a site,building, or location of historical, archeological, educational, or scientific interest is discovered within the right of way The site, building, or location will be investigated and evaluated by the Owner 6.2. Texas Pollutant Discharge Elimination System(TPDES) Permits and Storm Water Pollution Prevention Plans (SWP3) The Owner will file the Notice of Intent (NOI) and the Notice of Termination(NOT) for work shown on the plans in the right of way Adhere to all requirements of the SWP3 6.3. Work in Waters of the United States For work m the right of way,the Owner will obtain any required Section 404 permits from the U S Army Corps of Engineers before work begins. Adhere to all agreements, mitigation plans, and standard best management practices required by the permit. When Contractor- initiated changes in the construction method changes the impacts to waters of the U S., obtain new or revised Section 404 permits. 6.4 Work in Navigable Waters of the United States For work in the right of way, the Owner will obtain any required Section 9 permits from the U S Coast Guard before work begins. Adhere to the stipulations of the permits and associated best management practices. When Contractor-initiated changes in the construction method changes the impacts to navigable waters of the U.S., obtain new or revised Section 9 permits. COP 11-2021 Item 7L 3 of 13 Page 153 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES 6.5. Work Over the Recharge or Contributing Zone of Protected Aquifers Make every reasonable effort to minimize the degradation of water quality resulting from impacts relating to work over the recharge or contributing zones of protected aquifers, as defined and delineated by the TCEQ Use best management practices and perform work in accordance with Contract requirements. 6.6. Project-Specific Locations. For all project-specific locations (PSLs) on or off the right of way(material sources, waste sites, parking areas, storage areas, field offices, staging areas, haul roads, etc.), signing the Contract certifies compliance with all applicable laws,rules, and regulations pertaining to the preservation of cultural resources, natural resources, and the environment as issued by the following or other agencies: • Occupational Safety and Health Administration, • Texas Commission on Environmental Quality, • Texas Department of Transportation, • Texas Historical Commission, • Texas Parks and Wildlife Department, • Texas Railroad Commission, • U S Army Corps of Engineers, • U S Department of Energy, • U S Department of Transportation, • U S Environmental Protection Agency, • U S Federal Emergency Management Agency, and • U S Fish and Wildlife Service. All subcontractors must also comply with applicable environmental laws, rules, regulations, and requirements in the Contract. Maintain documentation of certification activities including environmental consultant reports, Contractor documentation on certification decisions and contacts, and correspondence with the resource agencies. Provide documentation upon request. Obtain written approval from the Engineer for all PSLs in the right of way not specifically addressed on the plans. Prepare an SWP3 for all Contractor facilities, such as asphalt or concrete plants located within public right of way Comply with all TCEQ permit requirements for portable facilities, such as concrete batch plants, rock crushers, asphalt plants, etc. Address all environmental issues, such as Section 404 permits, wetland delineation, endangered species consultation requirements, or archeological and historic site impacts. Obtain all permits and clearances in advance. 7 AGRICULTURAL IRRIGATION Regulate the sequence of work and make provisions as necessary to provide for agricultural irrigation or drainage during the work. Meet with the Irrigation COP 11-2021 Item 7L 4 of 13 Page 154 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES Distnct or land owner to determine the proper time and sequence when irrigation demands will permit shutting-off water flows to perform work. Unless otherwise provided on the plans, the work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 8. SANITARY PROVISIONS Provide and maintain adequate, neat, and sanitary toilet accommodations for employees, including Owner employees, in compliance with the requirements and regulations of the Texas Department of Health or other authorities with jurisdiction. 9 ABATEMENT AND MITIGATION OF EXCESSIVE OR UNNECESSARY NOISE Mimmize noise throughout all phases of the Contract. Exercise particular and special efforts to avoid the creation of unnecessary noise impact on adjacent noise sensitive receptors in the placement of non-mobile equipment such as air compressors, generators, pumps, etc. Place mobile and stationary equipment to cause the least disruption of normal adjacent activities. All equipment associated with the work must be equipped with components to suppress excessive noise and these components must be maintained in their original operating condition considering normal depreciation. Noise-attenuation devices installed by the manufacturer such as mufflers, engine covers, insulation, etc. must not be removed nor rendered ineffectual nor be permitted to remain off the equipment while the equipment is in use. 10. USING EXPLOSIVES Do not endanger life or property The contractor is required to submit a written Blasting Plan if required by the plans or requested by the Engineer The Owner retains the right to reject the blasting plan. Store all explosives securely and clearly mark all storage places with "DANGER—EXPLOSIVES." Store, handle, and use explosives and highly flammable material in compliance with federal, state, and local laws, ordinances, and regulations. Assume liability for property damage, injury, or death resulting from the use of explosives. Give at least a 48-hr advance notice to the appropriate Road Master before doing any blasting work involving the use of electric blasting caps within 200 ft. of any railroad track. COP 11-2021 Item 7L 5 of 13 Page 155 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES 11 RESPONSIBILITY FOR HAZARDOUS MATERIALS Indemnify and save harmless the Owner and its agents and employees from all suits, actions, or claims and from all liability and damages for any injury or damage to any person or property arising from the generation or disposition of hazardous materials introduced by the Contractor on any work done by the Contractor on Owner-owned or controlled sites. Indemnify and save harmless the Owner and its representatives from any liability or responsibility arising out of the Contractor's generation or disposition of any hazardous materials obtained, processed, stored, shipped, etc., on sites not owned or controlled by the Owner Reimburse the Owner for all payments, fees, or restitution the Owner is required to make as a result of the Contractor's actions. 12. ASBESTOS CONTAINING MATERIAL In Texas, the Department of State Health Services (DSHS),Asbestos Programs Branch, is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and the Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance and regulatory background information, bridges are considered to be a regulated"facility"under NESHAP Therefore, federal standards for demolition and renovation apply Provide notice to the Owner of demolition or renovation to the structures listed on the plans at least 30 calendar days before initiating demolition or renovation of each structure or load bearing member Provide the scheduled start and completion date of structure demolition,renovation, or removal. When demolition,renovation,or removal of load-bearing members is planned for several phases, provide the start and completion dates identified by separate phases. DSHS requires that notifications be postmarked at least 10 working days before initiating demolition or renovation. If the date of actual demolition,renovation, or removal is changed, the Owner will be required to notify DSHS at least 10 days in advance of the work. This notification is also required when a previously scheduled (notification sent to DSHS) demolition,renovation, or removal is delayed. Therefore, if the date of actual demolition,renovation, or removal is changed, provide the Engineer, in writing,the revised dates in enough time to allow for the Owner's notification to DSHS to be postmarked at least 10 days in advance of the actual work. Failure to provide the above information may require the temporary suspension of work under Article 8.4., "Tempo The Owner retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability COP 11-2021 Item 7L 6 of 13 Page 156 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES 13. RESTORING SURFACES OPENED BY PERMISSION Do not authorize anyone to make an opening in the highway for utilities, drainage, or any other reason without written permission by the Engineer Repair all openingsrary Suspension of Work or Working Day Charges," as directed by the Engineer Payment for repair of surfaces opened by permission will be made in accordance with pertinent items or Article 4 4 ,"Changes in the Work." Costs associated with openings made with Contractor authorization but without Owner approval will not be paid. 14. PROTECTING ADJACENT PROPERTY Protect adjacent property from damage. If any damage results from an act or omission on the part of or on behalf of the Contractor,take corrective action to restore the damaged property to a condition similar or equal to that existing before the damage was done. 15. RESPONSIBILITY FOR DAMAGE CLAIMS Indemnify and save harmless the Owner and its agents and employees from all suits, actions, or claims and from all liability and damages for any injury or damage to any person or property due to the Contractor's negligence in the performance of the work and from any claims ansmg or amounts recovered under any laws, including workers' compensation and the Texas Tort Claims Act. Indemnify and save harmless the Owner and assume responsibility for all damages and injury to property of any character occurring during the prosecution of the work resulting from any act, omission, neglect, or misconduct on the Contractor's part in the manner or method of executing the work; from failure to properly execute the work; or from defective work or material. Pipelines and other underground installations that may or may not be shown on the plans may be located within the right of way Indemnify and save harmless the Owner from any suits or claims resulting from damage by the Contractor's operations to any pipeline or underground installation. Make available the scheduled sequence of work to the respective utility owners so that they may coordinate and schedule adjustments of their utilities that conflict with the proposed work. 16. HAULING AND LOADS ON ROADWAYS AND STRUCTURES Comply with federal and state laws concerning legal gross and axle weights. Except for the designated Interstate system, vehicles with a valid yearly overweight tolerance permit may haul materials to the work locations at the permitted load. Provide copies of the yearly overweight tolerance permits to the Engineer upon request. Construction equipment is not exempt from oversize or overweight permitting requirements on roadways open to the traveling public. COP 11-2021 Item 7L 7 of 13 Page 157 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES Protect existing bridges and other structures that will remain in use by the traveling public during and after the completion of the Contract. Construction traffic on roadways, bridges, and culverts within the limits of the work, including any structures under construction that will remain in service during and after completion of the Contract is subject to legal size and weight limitations. Additional temporary fill may be required by the Engineer for hauling purposes for the protection of certain structures. This additional fill will not be paid directly but will be subsidiary Replace or restore to original condition any structure damaged by the Contractor's operations. The Engineer may allow equipment with oversize or non-divisible overweight loads to operate without a permit within the work locations on pavement structures not open to the traveling public. Submit Contractor-proposed changes to traffic control plans for approval, in accordance with Item 502, "Barricades, Signs, and Traffic Handling."The following sections further address overweight allowances. The Owner will make available to the Contractor any available plans and material reports for existing structures. 16.1 Overweight Construction Traffic Crossing Structures The Engineer may allow crossing of a structure not open to the public within the work locations, when divisible or non-divisible loads exceed legal weight limitations, including limits for load-posted bridges. Obtain written permission to make these crossings. Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive loads should be allowed. Provide a manufacturer's certificate of equipment weight that includes the weight distribution on the various axles and any additional parts such as counterweights, the configuration of the axles, or other information necessary for the analysis. Submit the structural analysis and supporting documentation sufficiently in advance of the move to allow for review Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. Schedule loads so that only one vehicle is on any span or continuous unit at any time. Use barricades, fences, or other positive methods to prevent other vehicular access to structures at any time the overweight load is on any span or continuous unit. 16.2. Construction Equipment Operating on Structures Cranes and other construction equipment used to perform construction operations that exceed legal weight limits may be allowed on structures. Before any operation that may require placement of equipment on a structure, submit for approval a detailed structural analysis prepared by a licensed professional engineer COP 11-2021 Item 7L 8 of 13 Page 158 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES Submit the structural analysis and supporting documentation sufficiently in advance of the use to allow for review and approval. Include all axle loads and configurations, spacing of tracks or wheels, tire loads, outrigger placements, center of gravity, equipment weight, and predicted loads on tires and outriggers for all planned movements, swings, or boom reaches. The analysis must demonstrate that no overstresses will occur in excess of those normally allowed for occasional overweight loads. 16.3. Loads on Structures. Do not store or stockpile material on bridge structures without written permission. If required, submit a structural analysis and supporting documentation by a licensed professional engineer for review Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. 16.4 Hauling Divisible Overweight Loads on Pavement Within the Work Locations. The Engineer may allow divisible overweight loads on pavement structures within the work locations not open to the traveling public. Obtain written approval before hauling the overweight loads. Include calculations to demonstrate that there will be no damage or overstress to the pavement structure. 17 CONTRACTOR'S RESPONSIBILITY FOR WORK Until final acceptance of the Contract, take every precaution against injury or damage to any part of the work by the action of the elements or by any other cause, whether arising from the execution or from the nonexecution of the work. Protect all materials to be used in the work at all times, including periods of suspension. When any roadway or portion of the roadway is in suitable condition for travel, it may be opened to traffic as directed. Opening of the roadway to traffic does not constitute final acceptance. Repair damage to all work until final acceptance. Repair damage to existing facilities in accordance with the Contract or as directed. Repair damage to existing facilities or work caused by Contractor operations at the Contractor's expense. Repair work for damage that was not due to the Contractor's operations will not be paid for except as provided below 171 Reimbursable Repair Except for damage to appurtenances listed in Section 7 17.2.1., "Unreimbursed Repair,"the Contractor will be reimbursed for repair of damage caused by. • Unauthorized motor vehicle, watercraft, aircraft, or railroad-train incident; or • vandalism, or COP 11-2021 Item 7L 9 of 13 Page 159 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES 17.2. Appurtenances. 17.2.1 Unreimbursed Repair Reimbursement will not be made for repair of damage to the following temporary appurtenances, regardless of cause. • signs, • barricades, • changeable message signs, and • other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are the exception to the above listing and are to be reimbursed in accordance with Section 17.2.2., "Reimbursed Repair" Where the Contractor retains replaced appurtenances after completion of the project, the Owner will limit the reimbursement to the cost that is above the salvage value at the end of the project. 17.2.2. Reimbursed Repair Reimbursement will be made for repair of damage due to the causes listed in Section 7 17 1 , "Reimbursable Repair,"to appurtenances (including temporary and permanent crash cushion attenuators and guardrail end treatments) 17.3. Roadways and Structures Until final acceptance, the Contractor is responsible for all work constructed under the Contract. The Owner will not reimburse the Contractor for repair work to new construction, unless the failure or damage is due to one of the causes listed in Section 7 17 1 , "Reimbursable Repair" The Owner will be responsible for the cost for repair of damage to existing roadways and structures not caused by the Contractor's operations. 17 4 Detours. The Contractor will be responsible for the cost of maintenance of detours constructed under the Contract, unless the failure or damage is due to one of the causes listed in Section 7 17 1 , "Reimbursable Repair" The Engineer may consider failures beyond the Contractor's control when determining reimbursement for repairs to detours constructed. The Contractor will be responsible for the cost of maintenance of existing streets and roadways used for detours or handling traffic. 17 5 Relief from Maintenance. The Engineer may relieve the Contractor from responsibility of maintenance as outlined in this section. This relief does not release the Contractor from responsibility for defective matenals or work or constitute final acceptance. 17.5.1 Isolated Work Locations. For isolated work locations, when all work is completed, including work for Item 5 11, "Final Cleanup,"the Engineer may relieve the Contractor from responsibility for maintenance. COP 11-2021 Item 7L 10 of 13 Page 160 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES 17 5.2. Work Except for Vegetative Establishment and Test Periods When all work for all or isolated work locations has been completed, including work for Item 5 11., "Final Cleanup,"with the exception of vegetative establishment and maintenance periods and test and performance periods, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work. 17.5.3. Work Suspension. When all work is suspended for an extended period of time, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work during the period of suspension. 17.5.4 When Directed by the Engineer The Engineer may relieve the Contractor from the responsibility for maintenance when directed. 17 6. Basis of Payment. When reimbursement for repair work is allowed and performed,payment will be made in accordance with pertinent items or Item 4 4 Changes in the Work." 18. ELECTRICAL REQUIREMENTS 18.1 Definitions. 18.1 1 Electrical Work. Electrical work is work performed for • Item 610, "Roadway Illumination Assemblies," • Item 614, "High Mast Illumination Assemblies," • Item 616, "Performance Testing of Lighting Systems," • Item 617, "Temporary Roadway Illumination," • Item 618, "Conduit," • Item 620, `Electrical Conductors," • Item 621, "Tray Cable," • Item 622, "Duct Cable," • Item 628, "Electrical Services," • Item 680, "Highway Traffic Signals," • Item 681, "Temporary Traffic Signals," • Item 684, "Traffic Signal Cables," • Item 685, "Roadside Flashing Beacon Assemblies," • other items that involve either the distribution of electrical power greater than 50 volts or the installation of conduit and duct banks, • the installation of conduit and wiring associated with Item 624, "Ground Boxes," and Item 656, "Foundations for Traffic Control Devices," and • the installation of the conduit system for communication and fiber optic cable. COP 11-2021 Item 7L 11 of 13 Page 161 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES Electrical work does not include the installation of communications or fiber optic cable, or the connections for low voltage and inherently power limited circuits such as electronic or communications equipment. Assembly and placement of poles, structures, cabinets, enclosures, manholes, or other hardware will not be considered electrical work as long as no wiring, wiring connections, or conduit work is done at the time of assembly and placement. 18.1.2. Specialized Electrical Work. Specialized electrical work is work that includes the electrical service and feeders, sub-feeders, branch circuits, controls, raceways, and enclosures for the following: • pump stations, • moveable bridges, • ferry slips, • motor control centers, • facilities required under Item 504, "Field Office and Laboratory," • rest area or other public buildings, • weigh-in-motion stations, • electrical services larger than 200 amps, • electrical services with main or branch circuit breaker sizes not shown in the Contract, and • any 3-phase electrical power 18.1.3. Certified Person. A certified person is a person who has passed the test from the TxDOT course TRF450, "TxDOT Roadway Illumination and Electrical Installations," or other courses as approved by the Owner Submit a current and valid certification upon request. 18.14 Licensed Electrician. A licensed electrician is a person with a current and valid unrestncted master electrical license, or unrestricted journeyman electrical license that is supervised or directed by an unrestricted master electrician. An unrestricted master electrician need not be on the work locations at all times electrical work is being done, but the unrestricted master electrician must approve work performed by the unrestricted journeyman. Licensed electrician requirements by city ordinances do not apply to on state system work. The unrestricted journeyman and unrestricted master electrical licenses must be issued by the Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. The Engineer may accept other states' electrical licenses. Submit documentation of the requirements for obtaining that license. Acceptance of the license will be based on sufficient evidence that the license was issued based on. COP 11-2021 Item 7L 12 of 13 Page 162 of 323 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SAFE ROUTES TO SCHOOLS-TR1602 RESPONSIBILITIES • passing a test based on the NEC similar to that used by Texas licensing officials, and • sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician in the State of Texas. 18.2. Work Requirements The qualifications required to perform electrical work and specialized electrical work are listed m Table 2. Table 2 Work Requirements Type of Work Qualifications to Perform Work Licensed electrician, certified Electrical work with plans person, or workers directly supervised by a licensed electrician or certified person Licensed electrician or workers Electrical work without plans directly supervised by a licensed electrician Licensed electrician or workers Specialized electrical work directly supervised by a licensed electrician Licensed electrician, certified Replace lamps, starting aids, person, or workers directly and changing fixtures ' supervised by a licensed electrician or certified person Conduit in precast section with Inspection by licensed approved working drawings electrician or certified person Conduit in cast-in-place section Inspection by licensed electrician or certified person All other electrical work Licensed electrician or workers (troubleshooting,repairs, directly supervised by a component replacement, etc.) licensed electrician A licensed electrician must be physically present during all electrical work when Table 2 states that workers are to be directly supervised by a licensed electrician or certified person. A non-certified person may install conduit in cast-in-place concrete sections if the work is verified by a certified person before concrete placement. When the plans specify IMSA certification, the requirements of Table 2 will still apply to the installation of the conduit, ground boxes, electrical services, pole grounding, and electrical conductors installed under Item 620, `Electrical Conductors." COP 11-2021 Item 7L 13 of 13 Page 163 of 323 CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS ITEM 8L—PROSECUTION AND PROGRESS 1 PROSECUTION OF WORK Unless otherwise shown in the Contract,begin work within 10 calendar days after the authorization date to begin work as shown on the Notice to Proceed. Prosecute the work continuously to completion within the contract days specified. Unless otherwise shown in the Contract documents, work may be prosecuted in concurrent phases if no changes are required in the traffic control plan or if a revised traffic control plan is approved. Notify the Engineer at least 24 hr before beginning work or before beginning any new operation. Do not start new operations to the detriment of work already begun. Minimize interference to traffic. 2. SUBCONTRACTING Do not sublet any portion of a construction Contract without the Engineer's written approval. A subcontract does not relieve any responsibility under the Contract and bonds. Ensure that all subcontracted work complies with all governing labor provisions. The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Owner, or any state or federal agency For federally funded Contracts, ensure the required federal documents are physically attached to'each subcontract agreement including all tiered subcontract agreements. For all DBE/HUB/SBE subcontracts including all tiered DBE/HUB/SBE subcontracts, submit a copy of the executed subcontract agreement. Submit a copy of the executed non-DBE subcontracts including all tiered non- DBE subcontracts when requested. 2.1 Construction Contracts Perform work with own organization on at least 30% of the total original Contract cost(25%if the Contractor is an SBE on a wholly State or local funded Contract) excluding any items determined to be specialty items. Specialty items are those that require highly specialized knowledge, abilities, or equipment not usually available in the contracting firm expected to bid on the proposed Contract as a whole. Specialty items will be shown on the plans or as directed by the Engineer Bid cost of specialty items performed by subcontractors will be deducted from the total original Contract cost before computing the required amount of work to be performed by the Contractor's own organization. COP 11-2021 Item 8L 1 of 12 Page 164 of 323 CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS The term"perform work with own organization"includes only • workers employed and paid directly by the Contractor or wholly owned subsidiary; • equipment owned by the Contractor or wholly owned subsidiary; • rented or leased equipment operated by the Contractor's employees or wholly owned subsidiary's employees, • materials incorporated into the work if the majority of the value of the work involved in incorporating the material is performed by the Contractor's own organization, including a wholly owned subsidiary's organization, and • labor provided by staff leasing firms licensed under Chapter 91 of the Texas Labor Code for nonsupervisory personnel if the Contractor or wholly owned subsidiary maintains direct control over the activities of the leased employees and includes them in the weekly payrolls. When staff leasing firms provide matenals or equipment, they are considered subcontractors. In these instances, submit staff leasing firms for approval as a subcontractor Copies of cancelled checks and certified statements may be required to verify compliance with the requirements of this section. 2.2. Payments to Subcontractors. Report payments for DBE/HUB/SBE subcontracts including tiered DBE/HUB/SBE subcontracts in the manner as prescribed by the Owner 2.3. Payment Records. Make payment records, includmg copies of cancelled checks, available for inspection by the Owner Submit payment records upon request. Retain payment records for a penod of 3 yr following completion of the Contract work or as specified by the Owner Failure to submit this information to the Engineer by the 20th day of each month will result in the Owner taking actions, including,but not limited to, withholding estimates and suspending the work. This work will not be measured or paid for directly but will be subsidiary to pertinent items. 3. COMPUTATION OF CONTRACT TIME FOR COMPLETION Upon request, the Engineer will provide the conceptual time determination schedule to the Contractor for informational purposes only The schedules assume genenc resources, production rates, sequences of construction and average weather conditions based on historic data. The Owner will not adjust the number of contract days and milestones, if any, due to differences in opinion regarding any assumptions made in the preparation of the schedule or for errors, omissions, or discrepancies found in the Owner's conceptual time schedule. COP 11-2021 Item 8L 2 of 12 Page 165 of 323 , CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS The number of working days is established by the Contract. Working day charges will begin 30 calendar days after the date of the written authorization to begin work. Working day charges will continue in accordance with the Contract. The Engineer may consider increasing the number of working days under extraordinary circumstances. 3.1 Working Day Charges. Working days will be charged in accordance with Section 8.3 1 4 , "Standard Workweek,"unless otherwise shown in the Contract documents. Working days will be computed and charged in accordance with one of the following: 3.1 1 Five-Day Workweek. Working days will be charged Monday through Friday, excluding national holidays, regardless of weather conditions or material availability The Contractor has the option of working on Saturdays. Provide sufficient advance notice when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be present is performed on a Saturday, Sunday, or national holiday, and weather and other conditions permit the performance of work for 7 hr between 7 A.M. and 6 P.M., a working day will be charged. 3.1.2. Six-Day Workweek. Working days will be charged Monday through Saturday, excluding national holidays,regardless of weather conditions or matenal availability Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be present is performed on a Sunday or a national holiday, and weather or other conditions permit the performance of work for 7 hr between 7 A.M. and 6 P.M., a working day will be charged. 3.1.3. Seven-Day Workweek. Working days will be charged Monday through Sunday, excluding national holidays,regardless of weather conditions or material availability Work on national holidays will not be permitted without written permission. If work is performed on any of these holidays requiring an Inspector to be present, and weather or other conditions permit the performance of work for 7 hr between 7 A.M. and 6 P.M., a working day will be charged. 3.1 4 Standard Workweek. Working days will be charged Monday through Friday, excluding national or state holidays, if weather or other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous period of at least 7 hr between 7 A.M. and 6 P.M., unless otherwise shown in the Contract. The Contractor has the option of working on Saturdays or state holidays. Provide sufficient advance notice to the Engineer when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be present is performed on a Saturday, Sunday, or holiday, and weather or other conditions permit the performance of work for 7 hr between 7 A.M. and 6 P.M., a working day will be charged. COP 11-2021 Item 8L 3 of 12 Page 166 of 323 CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS 3.1.5. Calendar Day Working days will be charged Sunday through Saturday, including all holidays, regardless of weather conditions, material availability, or other conditions not under the control of the Contractor 3.16. Other Working days will be charged as shown in the Contract documents. 3.2. Restricted Work Hours. Restnctions on Contractor work hours and the related definition for working day charges are as prescribed in this article unless otherwise shown in the Contract documents. 3.3. Nighttime Work.Nighttime work is allowed only when shown in the Contract documents or as directed. Nighttime work is defined as work performed from 30 min. after sunset to 30 nun.before sunrise. 3.3.1 Five-, Six-, and Seven-Day Workweeks. Nighttime work that extends past midnight will be assigned to the following day for the purposes of approval for allowing work on Sundays or national holidays. 3.3.2. Standard Workweek. 3.3.2.1 Nighttime Work Only When nighttime work is allowed or required and daytime work is not allowed, working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous penod of at least 7 hr for the nighttime penod, as defined in Section 8.3.3., "Nighttime Work,"unless otherwise shown in the Contract documents. 3.3.2.2. Nighttime Work and Daytime Work Requiring Inspector When nighttime work is performed or required and daytime work is allowed, working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous period of at least 7 hr for the nighttime period, as defined in Section 8.3.3., "Nighttime Work,"or for a continuous period of at least 7 hr for the alternative daytime period unless otherwise shown in the Contract documents. Only one day will be charged for each 24-hr time period. When the Engineer agrees to restrict work hours to the nighttime penod only, working day charges will be in accordance with Section 8.3.3.2.1., "Nighttime Work Only " 4. TEMPORARY SUSPENSION OF WORK OR DAILY CHARGES The Engineer may suspend the work, wholly or in part, and will provide notice and reasons for the suspension in wnting. Suspend and resume work only as directed in writing. When part of the work is suspended, the Engineer may suspend daily charges only when conditions not under the control of the Contractor prohibit the performance COP 11-2021 Item 8L 4 of 12 Page 167 of 323 CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS of cntical activities. When all of the work is suspended for reasons not under the control of the Contractor, the Engineer will suspend daily charges. 5. PROJECT SCHEDULES Prepare, maintain, and submit project schedules. Project schedules are used to convey the Contractor's intended work plan to the Owner Prepare project schedules with a level of effort sufficient for the work being performed. Project schedules will not be used as a basis to establish the amount of work performed or for the preparation of the progress payments. 5.1 Project Scheduler Designate an individual who will develop and maintain the progress schedule. The Project Scheduler will be prepared to discuss, in detail, the proposed sequence of work and methods of operation, and how that information will be communicated through the Progress Schedule at the Preconstruction Meeting. This individual will also attend the project meetings and make site visits to prepare, develop, and maintain the progress schedules. 5.2. Construction Details. Before starting work, prepare and submit a progress schedule based on the sequence of work and traffic control plan shown in the Contract documents. At a minimum, prepare the progress schedule as a Bar Chart or Critical Path Method (CPM), as shown on the plans. Include all planned work activities and sequences and show Contract completion within the number of contract days specified. Incorporate major material procurements, known utility relocations, and other activities that may affect the completion of the Contract in the progress schedule. Show a beginning date, ending date, and duration in whole days for each activity Do not use activities exceeding 20 days, except for agreed upon activities. Show an estimated production rate per day for each work activity 5.3. Schedule Format. Format all project schedules according to the following: • Begin the project schedule on the date of the start of Contract time or start of activities affecting work on the project; • Show the sequence and interdependence of activities required for complete performance of the work. If using a CPM schedule, show a predecessor and a successor for each activity; and • Ensure all work sequences are logical and show a coordinated plan of the work. CPM schedules must also include. • Clearly and accurately identify the cntical path as the longest continuous path, • Provide a legend for all abbreviations, run date, data date, project start date, and project completion date in the title block of each schedule submittal, and COP 11-2021 Item 8L 5 of 12 Page 168 of 323 CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS • Through the use of calendars, incorporate seasonal weather conditions into the schedule for work(e.g., earthwork, concrete paving, structures, asphalt, drainage, etc.)that may be influenced by temperature or precipitation. Also, incorporate non-work periods such as holidays, weekends, or other non-work days as identified ih the Contract. 5.4 Activity Format. For each activity on the project schedule provide • A concise description of the work represented by the activity; • An activity duration in whole days; • Code activities so that organized plots of the schedule may be produced. CPM schedules must also include the quantity of work and estimated production rate for major items of work. Provide enough information for review of the work being performed. 5.5. Schedule Types. 5.51 Bar Chart. Seven days before the preconstruction meeting, prepare and submit a hard copy of the schedule using the bar chart method. 5.5.1 1 Progress Schedule Reviews. Update the project schedule and submit a hard copy when changes to the schedule occur or when requested. 5.5.2. Critical Path Method. Prepare and submit the schedule using the CPM. 5.5.2.1 Preliminary Schedule. Seven days before the preconstruction meeting, submit both the plotted and electronic copies of the project schedule showing work to be performed within the first 90 days of the project. 5.5.2.2. Baseline Schedule. The baseline schedule will be considered the Contractor's plan to successfully construct the project within the time frame and construction sequencing indicated in the Contract. Submit both plotted and electronic copies of the baseline schedule. Submit 2 plots of the schedule• one organized with the activities logically grouped using the activity coding; and the other plot showing only the critical path determined by the longest path, not based on critical float. Develop and submit the baseline schedule for review within the first 45 days of the project unless the time for submission is extended. 5.5.2.2.1 Review Within 15 days of receipt of the schedule,the Engineer will evaluate, and inform the Contractor if the schedule has been accepted. If the schedule is not accepted, the Engineer will provide comments to the Contractor for incorporation. Provide a revised schedule based on the Engineer's comments, or reasons for not doing so within 10 days. The Engineer's review and acceptance of the project schedule is for conformance to the requirements of the Contract documents only COP 11-2021 Item 8L 6 of 12 Page 169 of 323 CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS and does not relieve the Contractor of any responsibility for meeting the interim milestone dates (if specified) or the Contract completion date. Review and acceptance does not expressly or by implication warrant, acknowledge, or admit the reasonableness of the logic or durations of the project schedule. If the Contractor fails to define any element of work, activity, or logic and the Engineer's review does not detect this omission or error,the Contractor is responsible for correcting the error or omission. Submit an acceptable baseline schedule before the 90th day of the project unless the time for submission is extended. 5.5.2.3. Progress Schedule. Maintain the project schedule for use by both the Contractor and the Engineer Submit both the plotted and electronic copy as it will become an as-built record of the daily progress achieved on the project. If continuous progress of an activity is interrupted for any reason except non-work periods (such as holidays, weekend, or interference from temperature or precipitation), then the activity will show the actual finish date as that date of the start of the interruption and the activity will be broken into a subsequent activity(or activities,based on the number of interruptions) similarly numbered with successive alpha character as necessary The original duration of the subsequent activity will be that of the remaining duration of the original activity Relationships of the subsequent activity will match those of the original activity so that the integrity of the project schedule logic is maintained. Once established, the original durations and actual dates of all activities must remain unchanged. Revisions to the schedule may be made as necessary The project schedule must be revised when changes in construction phasing and sequencing occur or other changes that cause deviation from the original project schedule occur Any revisions to the schedule must be listed in the monthly update narrative with the purpose of the revision and description of the impact on the project schedule's critical path and project completion date. Create the schedule revision using the latest update before the start of the revision. Monthly updating of the project schedule will include updating of: • The actual start dates for activities started, • The actual finish dates for activities completed, • The percentage of work completed and remaining duration for each activity started but not yet completed, and • The calendars to show days actual work was performed on the various work activities. The cut-off day for recording monthly progress will be the last day of each month. Submit the updated project schedule no later than the 20th day of the following month. The Engineer will evaluate the updated schedule within 5 days of receipt COP 11-2021 Item 8L 7 of 12 Page 170 of 323 CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS and inform the Contractor if it has or has not been accepted. If the schedule is not accepted, the Engineer will provide comments to the Contractor for incorporation. Provide a revised schedule based on the Engineer's comments, or reasons for not doing so within 5 days. Provide a brief narrative in a bulleted statement format for major items that have impacted the schedule. Notify the Engineer if resource-leveling is being used. 5.5.2.3.1 Project Schedule Summary Report (PSSR) When shown on the plans,provide the PSSR instead of the narrative required in Section 8.5.5.2.3., "Progress Schedule " The PSSR includes a listing of major items that have impacted the schedule as well as a summary of progress in days ahead or behind schedule. Include an explanation of the project progress for the period represented on the form provided by the Owner 5.5.3. Notice of Potential Time Impact. Submit a"Notice of Potential Time Impact" when a Contract time extension or adjustment of milestone dates may be justified or when directed. Failure to provide this notice in the time frames outlined above will compromise the Owner's ability to mitigate the impacts and the Contractor forfeits the right to request a time extension or adjustment of milestone dates unless the circumstances are such that the Contractor could not reasonably have had knowledge of the impact at the time. 5.5.4 Time Impact Analysis. When directed,provide a time impact analysis. A time impact analysis is an evaluation of the effects of impacts on the project. A time impact analysis consists of the following steps. • Step 1. Establish the status of the project immediately before the impact. • Step 2. Predict the effect of the impact on the schedule update used in Step 1 • Step 3 Track the effects of the impact on the schedule during its occurrence. • Step 4 Establish the status of the project after the impact's effect has ended and provide details identifying any mitigating actions or circumstances used to keep the project ongoing during the impact period. Determine the time impact by comparing the status of the work before the impact (Step 1)to the prediction of the effect of the impact (Step 2), if requested, and to actual effects of the impact once it is complete(Step 4) Unless otherwise approved, Steps 1, 3, and 4,must be completed before consideration of a Contract time extension or adjustment of a milestone date will be provided. Time extensions will only be considered when delays that affect milestone dates or the Contract completion date are beyond the Contractor's control. Submit Step 4 no later than 15 days after the impact's effects have ended or when all the information on the effect has been realized. COP 11-2021 Item 8L 8 of 12 Page 171 of 323 CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS Submit one electronic backup copy of the complete time impact analysis and a copy of the full project schedule incorporating the time impact analysis. If the project schedule is revised after the submittal of a time impact analysis,but before its approval, indicate in wnting the need for any modification to the time impact analysis. The Engineer will review the time impact analysis upon completion of step 4 If this review detects revisions or changes to the schedule that had not been performed and identified in a narrative, the Engineer may reject the time impact analysis. If the Engineer is in agreement with the time impact analysis, a change order may be issued to grant additional days, or to adjust intenm milestones. Once a change order has been executed, incorporate the time impact analysis into the project schedule. The time impact analysis may also be used to support the settlement of disputes and claims. Compensation related to the time impact analysis may be provided at the completion of the analysis or the completion of the project to determine the true role the impact played on the final completion. The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 6. FAILURE TO COMPLETE WORK ON TIME The time established for the completion of the work is an essential element of the Contract. If the Contractor fails to complete the work within the number of contract days specified, days will continue to be charged. Failure to complete the Contract, a separate work order, or callout work within the number of days specified, including any approved additional days,will result in liquidated damages for each day charged over the number of days specified in the Contract. The dollar amount specified in the Contract will be deducted from any money due or to become due the Contractor for each day the Contract remains incomplete. This amount will be assessed not as a penalty but as liquidated damages. 7 DEFAULT OF THE CONTRACT 71 Declaration of Default. The Engineer may declare the Contractor to be in default of the Contract if the Contractor • fails to begin the work within the number of days specified, • fails to prosecute the work to assure completion within the number of days specified, • is uncooperative, disruptive or threatening, • fails to perform the work in accordance with the Contract requirements, • neglects or refuses to remove and replace rejected materials or unacceptable work, • discontinues the prosecution of the work without the Engineer's approval, COP 11-2021 Item 8L 9 of 12 Page 172 of 323 CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS • makes an unauthorized assignment, • fails to resume work that has been discontinued within a reasonable number of days after notice to do so, • fails to conduct the work in an acceptable manner, or • commits fraud or other unfixable conduct as determined by the Owner If any of these conditions occur, the Engineer will give notice in writing to the Contractor and the Surety of the intent to declare the Contractor in default. If the Contractor does not proceed as directed within 5 days after the notice, the Owner will provide written notice to the Contractor and the Surety to declare the Contractor to be in default of the Contract. The Owner will also provide written notice of default to the Surety If the Contractor provides the Owner written notice of voluntary default of the Contract,the Owner may waive the 5 day notice of intent to declare the Contractor in default and immediately provide written notice of default to the Contractor and the Surety Daily charges will continue until completion of the Contract. The Owner may suspend work in accordance with Section 8 4 , "Temporary Suspension of Work or Work day Charges,"to investigate apparent fraud or other unfixable conduct before defaulting the Contractor The Contractor may be subject to sanctions under the state and/or federal laws and regulations. The Owner will determine the method used for the completion of the remaining work as follows. ■ Contracts without Performance Bonds. The Owner will determine the most expeditious and efficient way to complete the work, and recover damages from the Contractor ■ Contracts with Performance Bonds. The Owner will, without violating the Contract, demand that the Contractor's Surety complete the remaining work in accordance with the terms of the original Contract. A completing Contractor will be considered a subcontractor of the Surety The Owner reserves the right to approve or reject proposed subcontractors. Work may resume after the Owner receives and approves Certificates of Insurance as required in Section 3 4 3., "Insurance." Certificates of Insurance may be issued in the name of the completing Contractor The Surety is responsible for making every effort to expedite the resumption of work and completion of the Contract. The Owner may complete the work using any or all materials at the work locations that it deems suitable and acceptable. Any costs incurred by the Owner for the completion of the work under the Contract will be the responsibility of the Surety From the time of notification of the default until work resumes (either by the Surety or the Owner),the Owner will maintain traffic control devices and will do COP 11-2021 Item 8L 10 of 12 Page 173 of 323 CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS any other work it deems necessary, unless otherwise agreed upon by the Owner and the Surety All costs associated with this work will be deducted from money due to the Surety The Owner will hold all money earned but not disbursed by the date of default. Upon resumption of the work after the default, all payments will be made to the Surety All costs and charges incurred by the Owner as a result of the default, including the cost of completing the work under the Contract, costs of maintaining traffic control devices, costs for other work deemed necessary, and any applicable liquidated damages or disincentives will be deducted from money due the Contractor for completed work. If these costs exceed the sum that would have been payable under the Contract, the Surety will be liable and pay the Owner the balance of these costs in excess of the Contract pnce. In case the costs incurred by the Owner are less than the amount that would have been payable under the Contract if the work had been completed by the Contractor,the Owner will be entitled to retain the difference. Comply with Item 8.2., "Subcontracting," and abide by the DBE/HUB/SBE commitments previously approved by the Owner No markups as defined in Item 9 7 , "Payment for Extra Work and Force Account Method," will be allowed for the Surety 7.2. Wrongful Default. Submit a written request to the Owner within 14 days of receipt of the notice of default for consideration of wrongful default. The Owner will determine if the Contractor has been wrongfully defaulted, and will proceed with the following: • If the Owner determines the default is proper, the default will remain. If the Contractor is in disagreement, the Contractor may file a claim in accordance with Item 4 7., "Dispute or Claims Procedure." • If the Owner determines it was a wrongful default, the Owner will terminate the Contract for convenience, in accordance with Section 8 8, "Termination of the Contract." 8. TERMINATION OF THE CONTRACT The Owner may terminate the Contract in whole or in part whenever. • the Contractor is prevented from proceeding with the work as a direct result of an executive order of the President of the United States or the Governor of the State; • the Contractor is prevented from proceeding with the work due to a national emergency, or when the work to be performed under the Contract is stopped, directly or indirectly, because of the freezing or diversion of materials, COP 11-2021 Item 8L 11 of 12 Page 174 of 323 CITY OF PEALAND LGPP PROSECUTION SAFE ROUTES TO SCHOOLS-TR1602 AND PROGRESS equipment or labor as the result of an order or a proclamation of the President of the United States, • the Contractor is prevented from proceeding with the work due to an order of any federal authonty; • the Contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining court order where the issuance of the restraining order is primarily caused by acts or omissions of persons or agencies other than the Contractor; or • the Owner determines that termination of the Contract is in the best interest of the Owner or the public. This includes,but is not limited to, the discovery of significant hazardous material problems, right of way acquisition problems, or utility conflicts that would cause substantial delays or expense to the Contract. 8.1 Procedures and Submittals. The Engineer will provide written notice to the Contractor of termination specifying the extent of the termination and the effective date. Upon notice, immediately proceed m accordance with the following: • stop work as specified in the notice; • place no further subcontracts or orders for materials, services, or facilities, except as necessary to complete a critical portion of the Contract, as approved, • terminate all subcontracts to the extent they relate to the work terminated, • complete performance of the work not terminated, • settle all outstanding liabilities and termination settlement proposals resulting from the termination for public convenience of the Contract; • create an inventory report, including all acceptable materials and products obtained for the Contract that have not been incorporated in the work that was terminated (include m the inventory report a description, quantity, location, source, cost, and payment status for each of the acceptable materials and products), and • take any action necessary, or that the Engineer may direct, for the protection and preservation of the materials and products related to the Contract that are in the possession of the Contractor and in which the Owner has or may acquire an interest. COP 11-2021 Item 8L 12 of 12 Page 175 of 323 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT SAFE ROUTES TO SCHOOLS-TR1602 ITEM 9L—LGPP MEASUREMENT AND PAYMENT 1 MEASUREMENT OF QUANTITIES The Engineer will measure all completed work using United States standard measures, unless otherwise specified. 1 1 Linear Measurement. Unless otherwise specified, all longitudinal measurements for surface areas will be made along the actual surface of the roadway and not horizontally No deduction will be made for structures in the roadway with an area of 9 sq ft. or less. For all transverse measurements for areas of base courses, surface courses, and pavements, the dimensions to be used in calculating the pay areas will be the neat dimensions and will not exceed those shown on the plans, unless otherwise directed. 1.2. Volume Measurement. Transport matenals measured for payment by volume in approved hauling vehicles. Display a unique identification mark on each vehicle. Furnish information necessary to calculate the volume capacity of each vehicle. The Engineer may require verification of volume through weight measurement. Use body shapes that allow the capacity to be verified. Load and level the load to the equipment's approved capacity Loads not hauled in approved vehicles may be rejected. 1.3. Weight Measurement. Transport materials measured for payment by weight or truck measure in approved hauling vehicles. Furnish certified measurements, tare weights, and legal gross weight calculations for all haul units. Affix a permanent, legible number on the truck and on the trailer to correspond with the certified information. Furnish certified weights of loaded haul units transporting material if requested. The material will be measured at the point of delivery The cost of supplying these volume and weight capacities is subsidiary to the pertinent item. For measurement by the ton, in the field, provide measurements in accordance with Item 520, "Weighing and Measuring Equipment,"except for items where ton measurements are measured by standard tables. The Engineer may reject loads and suspend haulmg operations for overloadmg. 1.3.1 Hauling on Routes Accessible to the Traveling Public. For payment purposes on haul routes accessible to the traveling public, the net weight of the load will be calculated as follows. • If the gross vehicle weight is less than the maximum allowed by state law, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. COP 11-2021 Item 9L 1 of 8 Page 176 of 323 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT SAFE ROUTES TO SCHOOLS-TR1602 • If the gross vehicle weight is more than the maximum allowed by state law, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 1.3.2. Hauling on Routes Not Accessible to the Traveling Public. For payment purposes on haul routes that are not accessible to the traveling public where advance permission is obtained in writing from the Engineer • If the gross vehicle weight is less than the maximum allowed, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. • If the gross vehicle weight is more than the maximum allowed, the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 2. PLANS QUANTITY MEASUREMENT Plans quantities may or may not represent the exact quantity of work performed or material moved,handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing specifications or this article. If the quantity measured as outlined under"Measurement"varies by more than 5% (or as stipulated under"Measurement" for specific Items) from the total estimated quantity for an individual item originally shown in the Contract, an adjustment may be made to the quantity of authorized work done for payment purposes. When quantities are revised by a change in design approved by the Owner,by change order, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 5% variance will apply to the new plans quantity If the total Contract quantity multiplied by the unit bid price for an individual item is less than$250 and the item is not originally a plans quantity item, then the item may be paid as a plans quantity item if the Engineer and Contractor agree in writing to fix the final quantity as a plans quantity For Contracts with callout work and work orders,plans quantity measurement requirements are not applicable. 3. ADJUSTMENT OF QUANTITIES The party to the Contract requesting the adjustment will provide field measurements and calculations showing the revised quantity When approved, COP 11-2021 Item 9L 2 of 8 Page 177 of 323 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT SAFE ROUTES TO SCHOOLS-TR1602 this revised quantity will constitute the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that item, except as provided for in Item 4 4, "Changes in the Work" 4 SCOPE OF PAYMENT Payment of the Contract unit price is full compensation for all materials, equipment, labor, tools, and supplies necessary to complete the item of work under the Contract. Until final acceptance in accordance with Item 5 12, "Final Acceptance," assume liability for completing the work according to the Contract documents and any loss or damage arising from the performance of the work or from the action of the elements, infringement of patent, trademark, or copyright, except as provided elsewhere in the Contract. The Owner will only pay for material incorporated into the work in accordance with the Contract. Payment of progress estimates will in no way affect the Contractor's obligation under the Contract to repair or replace any defective parts in the construction or to replace any defective materials used in the construction and to be responsible for all damages due to defects if the defects and damages are discovered on or before final inspection and acceptance of the work. 5. PROGRESS PAYMENTS The Engineer will prepare a monthly estimate of the amount of work performed, including materials in place. Incomplete items of work may be paid at an agreed upon percentage as approved. Payment of the monthly estimate is determined at the Contract item prices less any withholdings or deductions in accordance with the Contract. Progress payments may be withheld for failure to comply with the Contract. 6. PAYMENT FOR MATERIAL ON HAND (MOH) If payment for MOH is desired,request compensation for the invoice cost of acceptable nonperishable materials that have not been used in the work before the request, and that have been delivered to the work location or are in acceptable storage places. Nonperishable materials are those that do not have a shelf life or whose characteristics do not materially change when exposed to the elements. Include only materials that have been sampled, tested, approved, or certified, and are ready for incorporation into the work. Only materials which are completely constructed or fabricated on the Contractor's order for a specific Contract and are so marked and on which an approved test report has been issued are eligible. Payment for MOH may include the following types of items. concrete traffic barrier, precast concrete box culverts, concrete piling, reinforced concrete pipe, and illumination poles. Any repairs required after fabricated materials have been approved for storage will require approval of the Engineer before being made and COP 11-2021 Item 9L 3 of 8 Page 178 of 323 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT SAFE ROUTES TO SCHOOLS-TR1602 will be made at the Contractor's expense. Include only those materials that have an invoice cost of at least $1,000 in the request for MOH payment. If the request is acceptable, the Engineer will include payment for MOH in a progress payment. Payment for MOH does not constitute acceptance of the matenals. Payment will not exceed the actual cost of the material as established by invoice, or the total cost for the associated item less reasonable placement costs, whichever is less. Materials for which the Contractor does not have a paid invoice within 60 days will not be eligible for payment and will be removed from the estimate. Payment may be limited to a portion of the invoice cost or unit pnce if shown elsewhere in the Contract. Payment for precast products fabricated or constructed by the Contractor for which invoices or freight bills are not available may be made based on statements of actual cost. Submit the request on forms provided by the Owner These forms may be electronically reproduced,provided they are in the same format and contain all the required information and certifications. Continue to submit monthly MOH forms until the total value of MOH is $0 By submitting a request for MOH payment,the Contractor expressly authonzes the Owner to audit MOH records,and to perform process reviews of the record-keeping system. If the Owner determines noncompliance with any of the requirements of this provision,the Owner may exclude payment for any or all MOH for the duration of the Contract. Maintain all records relating to MOH payment until final acceptance. Provide these records to the Engineer upon request. 7 PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT METHOD Payment for extra work directed, performed, and accepted will be made in accordance with Item 4 4., "Changes in the Work."Payment for extra work may be established by agreed unit pnces or by Force Account Method. Agreed unit prices are unit prices that include markups and are comparable to recent bid pnces for the same character of work. These unit pnces may be established without additional breakdown justification. When using Force Account Method, determine an estimated cost for the proposed work and establish labor and equipment rates and matenal costs. Maintain daily records of extra work and provide copies of these records daily, signed by the Contractor's representative, for venfication by the Engineer Request payment for the extra work no later than the 10th day of the month following the month in which the work was performed. Include copies of all applicable invoices. If the extra work to be performed has an estimated cost of less than$10,000, submit for COP 11-2021 Item 9L 4 of 8 Page 179 of 323 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT SAFE ROUTES TO SCHOOLS-TR1602 approval and payment an invoice of actual cost for materials, equipment, labor, tools, and incidentals necessary to complete the extra work. 71 Markups. Payment for extra work may include markups as compensation for the use of small tools, overhead expense, and profit. 71 1 Labor Compensation will be made for payroll rates for each hour that the labor, foremen, or other approved workers are actually engaged in the work. In no case will the rate of wages be less than the minimum shown m the Contract for a particular category An additional 25% of this sum will be paid as compensation for overhead, superintendence, profit, and small tools. 71.2. Insurance and Taxes An additional 55% of the labor cost, excluding the 25% compensation provided in Item 9 7 1 1., "Labor,"will be paid as compensation for labor insurance and labor taxes including the cost of premiums on non-project- specific liability(excluding vehicular) insurance, workers compensation insurance, Social Security, unemployment insurance taxes, and fringe benefits. 713. Materials. Compensation will be made for materials associated with the work based on actual delivered invoice costs, less any discount. An additional 25% of this sum will be paid as compensation for overhead and profit. 714 Equipment. Payment will be made for the established equipment hourly rates for each hour that the equipment is involved in the work. An additional 15% of this sum will be paid as compensation for overhead and profit not included in the rates. Transportation cost for mobilizing equipment will be included if the equipment is mobilized from an off-site location. 7141 Contractor-Owned Equipment. For Contractor-owned machinery, trucks, power tools, or other equipment,use the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor to establish hourly rates. Use the rates in effect for each section of the Rental Rate Blue Book at the time of use. If a rate has not been established for a particular piece of equipment in the Rental Rate Blue Book, the Engmeer will allow a reasonable hourly rate. This price will include operating costs. Payment for equipment will be made for the actual hours used in the work. The Owner reserves the right to withhold payment for low production or lack of progress. Payment will not be made for time lost for equipment breakdowns, time spent to repair equipment, or time after equipment is no longer needed. If equipment is used intermittently while dedicated solely to the work, payment will be made for the duration the equipment is assigned to the work but no more COP 11-2021 Item 9L 5 of 8 Page 180 of 323 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT SAFE ROUTES TO SCHOOLS-TR1602 than 8 hours will be paid during a 24-hour day, nor more than 40 hours per week, nor more than 176 hours per month, except when time is computed using a six- day or seven-day workweek. When usmg a six-day workweek, no more than 8 hours will be paid during a 24-hour day,nor more than 48 hours per week,nor more than 211 hours pe' month. When using a seven-day workweek, no more than 8 hours will be paid during a 24-hour day, nor more than 56 hours per week, nor more than 246 hours per month. 714.2. Equipment Not Owned by the Contractor For equipment rented from a third party not owned by the Contractor,payment will be made at the invoice daily rental rate for each day the equipment is needed for the work. The Owner reserves the right to limit the daily rate to comparable Rental Rate Blue Book rates. When the invoice specifies that the rental rate does not include fuel, lubricants, repairs, and servicing, the Rental Rate Blue Book hourly operating cost for each hour the equipment is operated will be added. When the invoice specifies equipment operators as a component of the equipment rental, payment will be made at the invoice rate for each operator for each day the equipment is needed for the work. 714.3. Standby Equipment Costs. Payment for standby equipment will be made in accordance with Section 7 1 4., "Equipment,"except that: 714 3.1 Contractor-Owned Equipment. For Contractor-owned machinery, trucks, power tools, or other equipment: • Standby will be paid at 50% (to remove operating cost) of the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. 714 3.2. Equipment Not Owned by the Contractor For equipment rented from a third party not owned by the Contractor- • Standby will be paid at the invoice daily rental rate, excluding operating cost, which includes fuel, lubricants,repairs, and servicing. The Owner reserves the right to limit the daily standby rate to comparable FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor • Standby will be paid for equipment operators when included on the invoice and equipment operators are actually on standby • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. COP 11-2021 Item 9L 6 of 8 Page 181 of 323 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT SAFE ROUTES ES TO SCHOOLS-TR 1602 71.5. Subcontracting. An additional 5% of the actual invoice cost will be paid to the Contractor as compensation for administrative cost, superintendence, and profit. 716. Law Enforcement. An additional 5% of the actual invoice cost will be paid as compensation for administrative costs, superintendence, and profit. 717 Railroad Flaggers. An additional 5% of the actual invoice cost will be paid as compensation for administrative cost, superintendence, and profit. 71 8. Bond Cost. An additional 1% of the total compensation provided in Section 7, "Payment for Extra Work and Force Account Method,"will be paid for the increase in bond. 8. RETAINAGE The Owner will withhold retainage on the Contractor The Contractor may withhold retainage on subcontractors in accordance with state and federal regulations. 9. PAYMENT PROVISIONS FOR SUBCONTRACTORS For the purposes of this article only, the term subcontractor includes suppliers and the term work includes materials provided by suppliers at a location approved by the Engineer These requirements apply to all tiers of subcontractors. Incorporate the provisions of this article into all subcontract or material purchase agreements. Pay subcontractors for work performed within 10 days after receiving payment for the work performed by the subcontractor Also, pay any retainage on a subcontractor's work within 10 days after satisfactory completion of all of the subcontractor's work. Completed subcontractor work includes vegetative establishment, test, maintenance, performance, and other similar periods that are the responsibility of the subcontractor For the purpose of this section, satisfactory completion is accomplished when. • the subcontractor has fulfilled the Contract requirements of both the Owner and the subcontract for the subcontracted work, including the submittal of all information required by the specifications and the Owner; and • the work done by the subcontractor has been inspected, approved, and paid by the Owner Provide a certification of prompt payment in accordance with the Owner's prompt payment procedure to certify that all subcontractors and suppliers were paid from the previous months payments and retainage was released for those whose work is complete. Submit the completed form each month and the month following the month when final acceptance occurred at the end of the project. COP 11-2021 Item 9L 7 of 8 Page 182 of 323 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT SAFE ROUTES TO SCHOOLS-TR1602 The inspection and approval of a subcontractor's work does not eliminate the Contractor's responsibilities for all the work as defined in Item 7 17., "Contractor's Responsibility for Work." The Owner may pursue actions against the Contractor, including withholding of estimates and suspending the work, for noncompliance with the subcontract requirements of this section upon receipt of written notice with sufficient details showing the subcontractor has complied with contractual obligations. 10 FINAL PAYMENT When the Contract has been completed, all work has been approved, final acceptance has been made in accordance with Item 5 12, "Final Acceptance," and Contractor submittals have been received,the Engmeer will prepare a final estimate for payment showing the total quantity of work completed and the money owed the Contractor The final payment will reflect the entire sum due, less any sums previously paid. COP 11-2021 Item 9L 8 of 8 Page 183 of 323 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions, Document 00700 Where a portion of the General Conditions is modified or deleted by these Special Conditions, the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1 01 Add the following paragraph to the end of Article 1 01 The OWNER'S representative on the project site is telephone: 281 652. The CONSTRUCTION MANAGER is. telephone: The CONSTRUCTION INSPECTOR is. telephone. ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4 05 Add the following paragraph to Article 4 05 A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included 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 ReguirediNot 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 06-2018 00800- 1 of 2 Page 184 of 323 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT the number of accepted rain days that exceed 40 rain days per year, proportionate to the original Contract Time. General Notes: Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is 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 06-2018 00800-2 of 2 Page 185 of 323 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1 01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in General Decision Number. TX20220032 01/07/22 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 extenor wall of new building under construction or from an exterior wall of an existing building. 10-2012 00811 - 1 of 1 Page 186 of 323 "General Decision Number TX20220032 01/07/2022 Superseded General Decision Number TX20210032 State Texas Construction Type Heavy County Brazoria County in Texas HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines (Does Not Include Flood Control) Note Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658 Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 1(a)(2)-(60) If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e g , an option is exercised) on or after January 30, 2022, Executive Order 14026 generally applies to the contract The contractor must pay all covered workers at least $15 00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022 If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022, Executive Order 13658 generally applies to the contract The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022 The applicable Executive Order minimum wage rate will be adjusted annually If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request Additional information on contractor requirements and worker protections under the Executive Orders is available at www dol gov/whd/govcontracts Modification Number Publication Date 0 01/07/2022 * SFTX0669-001 04/01/2021 Rates Fringes SPRINKLER FITTER (Fire - Sprinklers) $ 31 68 22 20 SUTX2005-018 05/18/2005 Rates Fringes Page 187 of 323 Carperter $ 14 38 0 00 CEMENT MASON/CONCRETE FINISHER $ 11 37 1 13 ELECTRICIAN $ 18 40 1 34 f Formbuilder/Formsetter $ 9 83 1 69 IRONWORKER, REINFORCING $ 11 29 0 00 Laborers Common $ 8 99 1 25 Landscape $ 7 35 0 00 Mason Tender Cement $ 9 96 0 00 Pipelayer $ 9 63 1 50 PIPEFITTER $ 17 00 0.04 POWER EQUIPMENT OPERATOR' Backhoe . . $ 12 74 0 00 Bulldozer . $ 12 46 0 00 Crane $ 11 00 0 74 Excavator .$ 16 74 0 00 Front End Loader . .$ 10 47 1 28 Grader $ 12 20 1 48 Tractor $ 11 29 1 45 TRUCK DRIVER .$ 14 42 1 00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental Note Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care, to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care, or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 5 (a) (1) (ii)) 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 Page 188 of 323 determination The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate) Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example PLUM0198-005 07/01/2014 PLUM is an abbreviation identifier of the union, which prevailed in the survey for this classification, which in this example would be Plumbers 0198 indicates the local union number or district council number where applicable, i e , Plumbers Local 0198 The next number, 005 in the example, is an internal number used in processing the wage determination 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates Example SULA2012-007 5/13/2014 SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates LA indicates the State of Louisiana 2012 is the year of survey on which these classifications and rates are based The next number, 007 in the example, is an internal number used in producing the wage determination 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier Survey wage rates are not updated and remain in effect until a new survey is conducted Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications, however, 100% of the data reported for the classifications was union data EXAMPLE UAVG-OH-0010 08/29/2014 UAVG indicates that the, rate is a weighted union average rate OH indicates the state The next number, 0010 in the example, is an internal number used in producing the wage determination 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based Page 189 of 323 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 Division National Office Branch of Wage Surveys 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" Page 190 of 323 CITY OF PEARLAND TXDOT LGPP REQUIREMENTS Section 00850-T TXDOT LOCAL GOVERNMENT PROJECT PROCEDURES REQUIREMENTS In addition to the City of Pearland standard contract documents, the following documents are required for projects receiving reimbursement from the U S Department of Transportation Federal Highway Commission and/or the Texas Department of Transportation. FHWA-1273 Required Contract Provisions (12 pages) Bidder Certification(1 page) Buy America Provision (2 pages) . Buy America—Material Statement(1 page) Child Support Statement(1 page) Child Support Business Ownership Form(1 page) Contractor Acknowledgment of Stormwater Management Program(1 page) Contractor's Assurance (1 page) Debarment Certification& Instructions (3 pages) Differing Site Conditions (1 page) Disadvantaged Business Enterprise Requirements (1 page) DBE Commitment Agreement Form(1 page) DBE Material & Supplier Commitment Agreement Form(1 page) DBE Substitution Request Form(1 page) DBE Commercially Useful Function Project Site Review(4 pages) DBE Trucking Credit Worksheet(1 page) DBE Good Faith Effort—Prime Contractor (5 pages) DBE Monthly Progress Report(1 page) DBE/SBE Prompt Payment Certification(1 page) DBE Prime Contractor Payments to Non-DBE Subcontractors (1 page) DBE Final Report(1 page) Equipment Rental Rates (2 pages) Lobbying Certification Forms (2 pages) Non-Collusion Statement(2 pages) Payroll Verification Information(1 page) Prison Produced Materials Provision(1 page) Railroad Insurance Provision(when work is in Railroad ROW) (2 pages) SBE Monthly Progress Report(1 page) TxDOT Certificate of Insurance—Form 1560 (2 pages) Page 191 of 323 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I General 3. A breach of any of the stipulations contained in these II Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI Subletting or Assigning the Contract VII. Safety'Accident Prevention 4 Selection of Labor*During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Govemmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1 Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27,and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1 4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor lower-tier subcontractor or service provider Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627 The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider 1964 as amended,and related regulations including 49 CFR Parts 21 26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1 Equal Employment Opportunity: Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract action standards for the contractor's project activities under 1 Page 192 of 323 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer" All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO• which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy.All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 Page 193 of 323 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C.140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7 Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11 Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency to be reported on Form FHWA-1391 The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 Page 194 of 323 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1 Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 Page 195 of 323 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof the contracting agency The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and duringlper apprentice,and trainee)employed full the contract preserved for a period of three years thereafter for all laborers wagesduring the payroll periodu has been paid the directly weekly and mechanics working at the site of the work.Such records and that earned,deductionswtiont rebate,either made it or indirectly, rectly or shall contain the name,address,and social security number of and nor fullhave beenrn either directly or each such worker,his or her correct classification,hourly rates indirectlyeris from the o s wages earned, Regulations,othgr than of wages paid(including rates of contributions or costs permissible deductions as set forth in 29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract plan or program described in section 1(b)(2)(B)of the Davis- 5 Page 196 of 323 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed.In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 Page 197 of 323 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1 Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in,any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages;liquidated 7 Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1 )of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1 )of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out. of the labor nce ning 1pabor ions tan af this contracDisputes shall not permitted to work in excess of the standard.workweek of forty be subject to the general disputes clause of this contract.Such hours setfot payment iparagraph the 1 )overtime wages required by the disputes shall be resolved in accordance with the procedures clause forth in (1 )of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7 Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1 ) through(4)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal for 8 U.S.C. 100 subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1 )through(4)of this section. 7 Page 198 of 323 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1 The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY ACCIDENT PREVENTION designated by the contracting agency Specialty items may be performed by subcontract and the amount of any such T his pro vision is applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1 In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.0 3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T his provision is applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4 No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is 8 Page 199 of 323 'Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." , "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1 That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this,Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1 Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 Page 200 of 323 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or *** subgrantee of Federal funds and a participant(such as the prime or general contract). 'Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may but is not required to,check the Excluded Parties List System website(httos://www.eols.ciov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of was entered into.if it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this•transaction,in addition to other remedies available to the Federal Government,the 10 Page 201 of 323 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1 The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Xl.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1 The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly 11 Page 202 of 323 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1 During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4 If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 Page 203 of 323 Bidder Certification By signing the proposal the bidder certifies 1 the only persons or parties Interested in this proposal are those named and the bidder has not directly or indirectly participated in collusion, entered into an agreement or otherwise taken any action in restraint of free competitive bidding in connection with the above captioned project. 2. in the event of the award of a contract, the organization represented will secure bonds for the full amount of the contract. 3 the signatory represents and warrants that they are an authorized signatory for the organization for which the bid is submitted and they have full and complete authority to submit this bid on behalf of their firm. 4 that the certifications and representations contained in the proposal are true and accurate and the bidder intends the proposal to be taken as a genuine government record. Page 204 of 323 Buy America General. Current regulations require the use of domestic steel and iron in federally funded highway construction. All steel and iron products must be of domestic origin. All manufacturing processes must take place domestically All foreign steel and iron materials and products are covered by Buy America regulations regardless of the percentage they comprise in a manufactured product or the form they may take. The regulations allow bidders and the LG some latitude through minimum use, waivers and alternate bids. As previously mentioned, all manufacturing processes must take place domestically Manufacturing begins with the initial melting and mixing,and continues through the coating stage. Any process that modifies the chemical content, the physical size or shape, or the final finish is considered a manufacturing process. These processes include rolling, extruding, machining, bending, grinding, drilling and coating. Coating includes epoxy coating, galvanizing, painting, or any other coating that protects or enhances the value of the material. Buy America does not apply to raw materials (iron ore and alloys), scrap, pig iron or processed, pelletized, and reduced iron ore. Insufficient domestic supplies of raw materials caused FHWA to issue a nationwide waiver allowing foreign source supplies of these items. The waiver may be found at the FHWA website (http.//www.fhwa.dot.gov/programadmm/contracts/032495 cfm) If domestically produced steel billets or iron ingots are shipped overseas for any manufacturing process, and then returned to the U S.,the resulting product does not conform to the Buy America requirements. The manufacturing process for a steel/iron product is considered complete when the product is ready for use as an item (e.g., fencing, posts, girders, pipe, manhole cover, etc.) or could be incorporated as a component of a more complex product through a further manufacturing process (e g., the case for a traffic signal head). The final assembly process does not need to be accomplished domestically so long as the steel/iron component is only installed and no manufacturing process is performed on the steel/iron component. Example Shapes produced domestically from foreign source steel billets are not acceptable under Buy America since the initial melting and mixing of alloys to create the steel occurred in a foreign country Example. All welding must take place domestically since the welding rod itself is typically an iron/steel product and the welding process substantially alters the rod. Buy America does not apply to minimal use of iron/steel materials provided that the total cost of all foreign source items used in the project, as delivered to the project site, is less than $2,500 or one-tenth-of-one-percent (1/10 of 1%) of the contract amount, whichever is greater If a supplier or fabricator wishes to use a partial fabrication process where domestic and foreign source components are assembled at a domestic location, the "as delivered cost" of the foreign components should include any transportation, assembly and testing costs required to install them in the final product. Page 205 of 323 For the Buy America requirements to apply, the steel or iron product must be permanently incorporated into the project.Buy America does not apply to temporary steel items(e.g.temporary sheet piling, temporary bridges, steel scaffolding and falsework, etc.) Further, Buy America does not apply to materials that remain in place at the contractor's convenience. The practice of making otherwise eligible items non-participating for the purpose of circumventing the Buy America requirements is unacceptable and will not be approved. There is no clear-cut rule for resolving an after-the-fact discovery of an inadvertent incorporation of an excess amount of foreign materials into a project. Each situation should be resolved on a case-by-case basis. FHWA retains the authority to resolve all Buy America issues. Buy America provisions apply to all material incorporated in a Federal-aid project, even if an item is rendered as a "donated material" in accordance with 23 U S C. 323 - Donations and Credits. While the LG may receive a credit for donated material,this material must generally comply with Buy America. Waivers. Approval authority for waivers of Buy America requirements is retained by FHWA for all federally funded projects. The FHWA may grant a waiver of the Buy America requirements for specific projects if the LG can demonstrate either of the following: 1 Compliance with the requirements is inconsistent with the public interest; or 2. Insufficient quantities of satisfactory quality domestic products are available. Materials delivery delay will not be considered as grounds for a waiver The cost differential between domestic and foreign products is also not grounds for a waiver An LG may apply for a waiver of the Buy America provisions if it believes that a waiver is warranted. The LG must submit the waiver request with supporting information through TxDOT to FHWA sufficiently in advance of need to allow time for proper review and action. Alternative Bidding Procedures. An alternative bidding procedure may be used to justify the use of foreign steel or iron. Under this procedure, the total project is bid using two alternatives one which is based on foreign source products, and the second, using domestic products. The use of foreign products may be justified if the lowest total bid based on domestic steel or iron products is 25 percent more than the lowest bid using corresponding foreign steel or iron products. The 25 percent differential applies to the total bid for the entire project, not just the bids for the steel or iron products. Enforcement. The LG is responsible for enforcing the Buy America provisions. The contract provisions should require the contractor to provide a definitive statement about the origin of all products covered under the Buy America provisions. An alternate procedure is to use step certification for products. Under step certification, each handler of the product (supplier, fabricator, manufacturer, processor, etc.) certifies that his or her step in the process was domestically performed. Page 206 of 323 Material Statement Aroortment Form 1818 Rev.08/12) (a.k.a.Form D-9-USA-1) Sheet of Supplier County- Address: Project: Control: Contract No. Contractor Purchase Quantity Mill Heat Material Required Documentation Order No. (Amt./Units) Material Description Name No. Use Spec. MTR Cert. This is to certify that the materials listed above and on the attached supplement(if attached)are in conformance with the governing specification(s).This is to also certify that all manufacturing processes for steel and iron materials or for the application of coatings(epoxy galvanizing,painting or any other coating that protects or enhances the value of the steel or iron metal)to these materials occurred in the United States of America Manufacturing processes are defined as all processes required to change the raw ore or scrap metal into the finished in-place steel or iron product.The attached mill test reports(MTRs)and Certifications(Cert.)are offered as - proof of Domestic Origin. co m o Subscribed and sworn to before me this day of I declare under penalty of perjury under the laws of the United States of America o and the State of Texas that the foregoing is true and correct and that I am authorized to sign for the Firm listed below Notary Public (Authorized Corporate Official Signature) Date My Commission expires: , (Type Name and Title) (Firm Name) Child Support Statement Under Section 231 006, Family Code,the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is maccurate. Page 208 of 323 State of Texas Child Support Business Ownership Form County. Project Name TxDOT CSJ LG Project Number Business Entity Submitting Bid Section 231 006, Family Code, requires a bid for a contract paid from state funds to include the names and social security number of individuals owning 25%or more of the business entity submitting the bid 1 In the spaces below please provide the names and social security number of individuals owning 25%or more of the business. Name Social Security Number 2. Please check the box below if no individual owns 25%or more of the business. ( ) No individual own 25%or more of the business. Except as provided by Section 231 302(d), Family Code,a social security number is confidential and may be disclosed only for the purpose of responding to a request for information from an agency operating under the provisions of Part A and D to Title IV of the Federal Social Security Act(42 USC Section 601-617 and 651-699) Under Section 231 006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The information collected on this form will be maintained by City of Pearland With few exceptions, you are entitled on request to be informed about the information collected about you Under Sections 552 021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under Section 559 004 of the Government Code,you are also entitled to have information about you corrected that you believe is incorrect. Signature Date Printed Name IF THIS PROJECT IS A JOINT VENTURE, ALL PARTIES TO THE JOINT VENTURE MUST PROVIDE A COMPLETED FORM Page 209 of 323 Contractor Acknowledgement of Stormwater Management Program I hereby acknowledge that I am aware of the stormwater management program and standard operating procedures developed by OWNER in compliance with the TPDES General Permit No. I agree to comply with all applicable best management practices and standard operating procedures while conducting my services for OWNER. I agree to conduct all services in a manner that does not introduce illicit discharges of pollutants to streets,stormwater inlets, drainage ditches or any portion of the drainage system. The following materials and/or pollutant sources must not be discharged to the drainage system as a result of any services provided: 1 Grass clippings, leaves,mulch,rocks,sand,dirt or other waste materials resulting from landscaping activities, (except those materials resulting from ditch mowing or maintenance activities) 2. Herbicides, pesticides and/or fertilizers, (except those intended for aquatic use) 3. Detergents,fuels,solvents,oils and/or lubricants,other equipment and/or vehicle fluids, 4 Other hazardous materials including paints,thinners,chemicals or related waste materials, 5. Uncontrolled dewatering discharges,equipment and/or vehicle wash waters, 6. Sanitary waste,trash,debris,or other waste products 7 Wastewater from wet saw machinery, 8. Other pollutants that degrade water quality or pose a threat to human health or the environment. Furthermore, I agree to notify OWNER immediately of any issue caused by or identified by (Company/Contractor) that is believed to be an immediate threat to human health or the environment. Contractor Signature Date Printed Name Title Page 210 of 323 CONTRACTOR'S ASSURANCE (Subcontracts-Federal Aid Projects) The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate By signing this Bid, the contractor is giving assurances that all subcontract agreements will incorporate the Standard Specification and Special Provision to Section 9 9, "Payment Provisions for Subcontractors", all subcontract agreements exceeding $2,000 will incorporate the applicable "Wage Determination Decision", and, all subcontract agreements of$10,000 or more will incorporate the following Special Provision "Certification of Nondiscrimination in Employment" Special Provision "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity" (Executive Order 11246) Special Provision "Standard Federal Equal Employment Opportunity Construction Contract Specifications" (Executive Order 11246) Form FHWA 1273 "Required Contract Provisions Federal-aid Construction Contracts" (Form FHWA 1273 must also be physically attached to subcontracts and purchase orders of$10,000 or more) Page 211 of 323 49 CFR Part 29 -Appendix A CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS Instructions For Certification 1 By signing and submitting this proposal,the prospective primary participant is providing the certification set out below 2. The inability of a person to provide the certification required below will not necessarily result m denial of participation in this covered transaction.The prospective participant shall submit an explanation of why it cannot provide the certification set out below The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However,failure of the prospective primary participant to furnish a certification or an explanation shall disquahfy such person from participation in this transaction. 3 The certification in this clause is a material representation of fact upon which reliance was- placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4 The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5 The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549 You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6 The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9 4, debarred, suspended, declared ineligible, or voluntarily excluded from participation m this covered transaction, unless authorized by the department or agency entering into this transaction. Page 212 of 323 7 The prospective primary participant further agrees by submitting this proposal that it will mclude the clause titled "Certification Regardmg Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9 4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determmes the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 9 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10 Except for transactions authorized under paragraph 6 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9 4, suspended, debarred, inehgible, or voluntarily excluded from participation m this transaction, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. Page 213 of 323 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals. (a) Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a public transaction,violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(1)(b) of this certification, (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Signature/Authorized Certifying Official Typed Name and Title Applicant/Organization Date Signed Page 214 of 323 Differing Site Conditions 23 U.S.C. 112(e) (1) General rule.—The Secretary shall issue regulations establishing and requiring,for inclusion in each contract entered into with respect to any project approved under section 106 of this title a contract clause, developed in accordance with guidelines established by the Secretary,which equitably addresses each of the following: (A) Site conditions. (B) Suspensions of work ordered by the State (other than a suspension of work caused by the fault of the contractor or by weather). (C) Material changes in the scope of work specified in the contract. The guidelmes established by the Secretary shall not require arbitration. (2) Limitation on applicability.— (A) State law.—Paragraph(1) shall apply in a State except to the extent that such State adopts or has adopted by statute a formal procedure for the development of a contract clause described in paragraph (1) or adopts or has adopted a statute which does not permit inclusion of such a contract clause. (B) Design-build contracts.— Paragraph (1) shall not apply to any design-build contract approved under subsection(b)(3) Page 215 of 323 DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS Project: Highway. City. County. CSJ No. The following goal for disadvantaged business enterprises is established: DBE % Certification of DBE Goal Attainment By signing the Bid, the Bidder certifies that the above DBE Goal will be met by obtaining commitments equal to or exceeding the DBE percentage or that the Bidder will provide a good faith effort to substitute the attempt to meet the goal. Failure to provide commitments to meet the stated goal or provide a satisfactory good faith effort will be considered a breach of the requirements of the Bid. As a result,the Bid guarantee of the Bidder will be property of OWNER and the Bidder will be excluded for rebidding on the project when it is re-advertised. CONTRACTOR By. Name: Title: Phone: Page 216 of 323 - 14.-. Disadvantaged Business Enterprise (DBE) Program Form SMS.4901 (Rev 06/08) Commitment Agreement Form Page 1 of 1 Texas Department of Transportation This commitment is subject to the award and receipt of a signed contract from the Texas Department of Transportation for the subject project. Project#• County. Contract-CSJ Items of work to be performed(attach a list of work items if more room is required): Bid Item# Item Description Unit of Measure Unit Price Quantity Total Per Item Total The contractor certifies by signature on this agreement that subcontracts will be executed between the prime contractor and the DBE subcontractors as listed on the agreement form.If a DBE Subcontractor is unable to perform the work as listed on this agreement form,the prime contractor will follow the substitution/replacement approval process as outlined in the Contract DBE Special Provision. IMPORTANT.The signatures of the prime contractor and the DBE, and the total commitment amount must always be on the same page. Prime Contractor. Name/Title(please print): Address: Signature: Phone: Fax. E-mail. Date: DBE. Name/Title(please print). Vendor No. Address: Signature: Phone: Fax: E-mail. Date: Subcontractor(if the DBE will be a second tier sub): Name/Title(please print): Address. Signature: Phone: Fax: E-mail. Date: The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request to be informed about the information that we collect about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. To ensure prompt and efficient handling of your project file we are requesting that all commitments to be presented to the Office of Civil Rights,using this basic format. Page 217 of 323 .- Disadvantaged Business Enterprise (DBE) Program Form SMS.4901 (Rev 7/2 mno „ Material & Supplier Commitment Agreement Form (GSD-E orr„:P.nx Page 1 This commitment is subject to the award and receipt of a signed contract from the Texas Department of Transportation for the subject project. Project#• County: Contract-CSJ. Items of material to be supplied* (attach a list if more room is required): Bid Item Item Description Unit of Unit Price Quantity Total Per Item # Measure $ $ $ $ $ $ Total Commitment Amount(including attachments): $ (Manufacturer Goal Credit=100%) 1.Is the material to be supplied,modified,blended, 1 quarried or fabricated by the DBE?If Yes,please explain in detail. If you answered Yes to Question 1 above,you do not need to answer questions 2-4 (Regular Dealer Goal credit= 60%) 2.Where is the DBE material supplier getting the 2. materials? 3.Where does the DBE material supplier store or 3. warehouse the matenal before it is delivered to the project site? 4.Whose equipment will be used to deliver the DBE's 4. material to the project site?Explain in detail any arrangements the DBE has with other distributors, hauling firms and freight companies. IMPORTANT!The signatures of the prime contractor DBE, and the total commitment amount must always be on the same page. Prime Contractor Name/Title(please print): Address. Signature: Phone: Fax. E-mail. Date. DBE: Name/Title(please pnnt) Vendor No Address. Signature: Phone: Fax. E-mail. Date: Subcontractor(if the DBE will be a second tier sub) Name/Title(please print) Address. Signature: Phone: Fax. E-mail. Date: The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request,tc informed about the information that is collected about you.Under§552.021 and 552.023 of the Texas Government code,you also are entitled to reel and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct infonmation about you that is incorrect. To ensure prompt and efficient handling of your project file we are requesting that all commitments be presented to the Business Opportunity Progn Office,using this basic format. Page 218 of 323 Form; Disadvantaged Business Enterprise (DBE) Program (Rev.IC Art ,t Termination/Substitution Request Form Page 1 of» tfa Prior to submitting this form to TxDOT you must notify the DBE in writing of your intent and allow the DBE five(5)days to respond. Project#: County: Contract-CSJ: Request Date: Prime Contractor: Date Prime determined DBE unwilling, unable or ineligible: List Previous Approved Subcontractor: Proposed Subcontractor: Bid Item Work Description Committed Remaining Bid Item Work Description Dollar Dollar Amount Dollar Amount Amount Total$ Total$ "Will termination/substitution result in a goal shortfall? 0 Yes 0 No If so, how much? Projected date Proposed Subcontractor will commence work? Reason(s)for termination/substitution. Check Appropriate Block. ❑ The listed DBE is no longer in business. ❑The listed DBE requested removal. Other issues not listed. ❑ The listed DBE failed or refused to perform the ❑ contract or furnish the listed materials. ❑ The work performed by the listed DBE was unsatisfactory and was not in accordance with the scheduled plans and specifications. Provide copy(s) of: Letter to terminate,DBE termination agreement statement or if applicable,DBE letter of voluntary removal request. Contractor Signature: Date: O Approved -O Rejected Reason District DBE Coordinator Signature: Date: Use TxDOT Form 2603 if good faith effort is applicable. The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request to be informed about the information that we collect about you.Under Sections 552.021 and 552.023 of the Government Code,you also are entitled to receive and review this information.Under Section 559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Page 219 of 323 :::::,- 1011P.9 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM (Rev c1121 / COMMERCIALLY USEFUL FUNCTION (CUF) FORM Page �s� Pe�rr 49 CFR 26.55,"A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing,managing,and supervising the work involved. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction,contract,or project through which funds are passed in order to obtain the appearance of DBE participation. " This form is for the purposes of reviewing DBEs for compliance with the CUF requirements for credit. District or area field staff will perform CUF reviews on DBE subcontractors and Material Suppliers. Perform a minimum of one review for each DBE for each project with DBE goal. The review should be conducted when the DBE first begins work. Monitor compliance through the course of the project. Project ID/CSJ Prime Contractor County. DBE Firm: District: DBE Representative Title DBE Project Start Date. DBE Goal Commitment Dollar Amount: DBE Project End Date Amount Paid to Date. DBE is performing as. or Material ❑ Prime Contractor ❑ Subcontractor ❑ Tier Subcontractor ❑ Hauler Supplier ❑ Manufacturer ❑ Regular Dealer ❑ Broker Provide a brief description of the DBE's scope of work. (Obtain copy of Subcontract Agreement and/or Purchase Order if needed.) For any question marked"No,"please explain in the"Comments"section below. MANAGEMENT -YES j NOI Is there a supervisor on site? ❑ ❑ Does the supervisor effectively manage the job without interference from any other Non-DBE contractor? ❑ ❑ Has the DBE owner been present on the jobsite? ❑ ❑ Is the DBE maintaining its own payroll?(Attach a copy of the certified payroll) ❑ ❑ Is the DBE actually scheduling work activities, material deliveries and other related actions required for ❑ ❑ prosecution of work? Did the DBE subcontract any items or portions of the work to any other firm? ❑ ❑ If yes, what percentage was subcontracted? % Name of the subcontractor firm: Is the subcontractor a DBE?(Do not count work performed by a non-DBE certified firm.) ❑ ❑ EQUIPMENT YES No Does the equipment have the DBEs markings or emblems? ❑ ❑ If another firm's marking present, note whom Does the DBE own or lease the equipment?(Attach equipment list and all ownership documents and all rental/lease agreements.) ❑ ❑ If leased, who is it leased from? Is the equipment and/or operator under the direct supervision of the DBE? ❑ ❑ Is the operator of the leased equipment the DBE's employee? ❑ ❑ (Use of the prime's equipment in an emergency is allowed but the cost associated with the use of the equipment cannot be credited towards the goal.) MATERIALS YES NO Is the DBE contracted to furnish and install a contract item? ❑ ❑ Are joint checks being used?(Obtain and attach TxDOT Joint Check Approval Form 2174 and verify approval.Attach copies of cancelled checks.) ❑ ❑ Who are the parties identified as payable to? Who makes the arrangements for the delivery of materials? Who are the material invoices made out to? (Obtain and attach copies of invoices,Material on Hand Documents,cancelled checks.) Who schedules the delivery of materials? In whose name are materials shipped? (Obtain and attach copies of shipping documents,Bills of Ladings,etc.) WORKFORCE YES NO List the names of the DBE's crew present during the review(Attach a list of the names and titles of the crew present.) Does the DBE crew know who they work for? ❑ ❑ Page 220 of 323 Form 2182 (Rev 11/16) Page of PERFORMANCE YES Noj Does the DBE appear to have control over methods of work on its contract items? ❑ ❑ Has any other contractor performed any amount of work specified in the DBE subcontract? ❑ ❑ HAULERS . YES Not Do haul tickets indicate work is performed by DBE?(Attach copies of Haul Tickets.) ❑ ❑ Do the trucks on the work site belong to the DBE? (Obtain and attach verification of truck ownership in the name of the DBE.) ❑ ❑ If leased, are the lease agreement terms compliant with DBE requirements? (Obtain and attach copies of lease agreements.) ❑ ❑ REGULAR DEALER.GOAL CREDIT YES No Does the DBE have an established storage facility and inventory? (Obtain and attach a list of inventory) ❑ ❑ Does the DBE stock the product being supplied as a normal stock item? ❑ ❑ Is the quantity and quality of the materials controlled by the DBE? ❑ ❑ In whose name are the materials shipped? Who is delivering and unloading the material? Is the distribution equipment used in delivering the product the DBE's? ❑ ❑ If the distribution equipment leased, is it a long term lease and not developed specifically for the project? ❑ ❑ MANUFACTURER GOAL CREDIT YES NOI Does the manufacturer stock the product altered for this project as a normal stock item? ❑ ❑ Does the manufacturer purchase the raw material used in its plan?(Obtain and attach copies of invoices,shipping documents,bills of ladings.) ❑ ❑ Is the manufacturer business's primary function to manufacture construction products? ❑ ❑ ,COMMENSURATE YES NO! Is payment received by the DBE commensurate with the work being performed? ❑ ❑ (Obtain and attach copies of cancelled checks.Compare checks to the DBE monthly progress report.) COMMENTS. OS sectionmay also be used to note other concerns'not described above or provide:additional information) COMMERCIALLY USEFUL FUNCTION DETERMINATION YES Noj Based upon the above, is the DBE an independent business, executing a distinct element of work, and actually ❑ ❑ performing, managing, and supervising the work specified in the DBE's contract? If"NO"proceed to`NON-COMMERCIALLY USEFUL FUNCTION DETERMINATION" Date of Review. Date to District DBE Coordinator Name of TxDOT reviewer Title Signature of TxDOT reviewer. NON-COMMERCIALLY USEFUL FUNCTION DETERMINATION DBE must:be•given an•opportunity to rebut these findings.) If a CUF is not being performed by the DBE subcontractor,what action was taken to correct the deficiency? YES .NO' Did the action taken correct the deficiency? ❑ ❑ Date of correction Name of District DBE Coordinator Signature of District DBE Coordinator Page 221 of 323 Form 2182 (Rev 11/16) Page of CUF DETERMINANTS MANAGEMENT • Scheduling work operations • Preparing and submitting certified payrolls ■ Full time supervisor or superintendent RED FLAGS • The DBE owner or superintendent provides little or no supervision of the work • The DBE's superintendent is not a regular employee of the firm • The DBE owner is not aware of the status of the work RECORDS/DOCUMENTS • Subcontract Agreement or Purchase Order • Daily inspection reports EQUIPM▪ ENT(Take photos where possible) • The DBE owns, rents or leases equipment • The DBE may lease specialized equipment with an operator • The DBE provides the operator and is responsible for all labor and compliance for non-specialized equipment • The DBE's sign or logo is on the equipment ■ The DBE is utilizing its own equipment RED FLAGS • The DBE and prime shares equipment • Equipment signs and markings cover another contractor's identity • DBE's name is not on the lease agreement RECORDS/DOCUMENTS • Invoices • Haul tickets or Bills of Lading • Lease agreement • Ownership documents, e.g. title, registration vehicle identification number(VIN) MATERIACSncelled checks • The DBE is ordering materials and invoices indicate the DBE is the customer • The contact person is employed by the DBE • The DBE is paying for the materials • The use of joint checks have been approved RED FLAGS • Materials for the DBE are ordered, or paid for, by the prime contractor • Invoices do not indicate the DBE is the customer • The prime's employee and phone number is listed as the contact • Materials come from the prime's stockpile or an affiliate of the prime RECORDS/DOCUMENTS • Invoices • Material on Hand documents • Delivery Tickets, Haul Tickets, Bills of Lading • Joint Checks • Cancelled Checks PERFORMAb ttWORtma a • DBE must be responsible for performing its own work on the project • At least 30% of the work must be performed by the DBE with its own workforce • The DBE keeps a regular workforce and had its own employees RED FLAGS • A portion of the DBE's work being done by the Prime Contractor or jointly with another contractor • Employees working for both the prime and the DBE • Supervision of the DBE employees by another contractor • The work is outside of the DBE's known experience or capability • The DBE's work is self-performed by the prime or another contractor RECORDS/DOCUMENTS • Subcontract Agreement or Purchase Order • DBE monthly progress reports • Certified payrolls Page 222 of 323 Form 2182 (Rev 11/16) Page of DBE REGULAR DEALERS • The DBE has a regular trade with a variety of customers • The DBE has an inventory of the materials and/or supplies under the contract • For bulk items the DBE both owns and operates distribution equipment • The use of joint checks has been approved by the department • The DBE is responsible for the delivery RED FLAGS • The DBE supplies a product on an ad hoc basis in relation to a particular contract or contractor • The DBE acts as the middleman in the transaction ■ The DBE supplements the distribution equipment without having a long term lease • The DBE does not sell the stock or regularly sell the materials or supplies required under the contract • Materials are drop shipped from the commercial manufacturer RECORDS/DOCUMENTS ■ Invoices • Delivery tickets, Haul tickets or Bills of Lading • Purchase order • List of inventory DBE I ,g s • Maintain a factory or establishment that produces on the premises the materials or supplies required on the contract • Alter or fabricate the product • DBE is scheduling work operations RED FLAGS • Materials come from the prime's stockpile • The DBE only orders the materials or supplies but does not alter the product • The DBE does not have a factory, warehouse or establishment to produce or alter the products RECORDS/DOCUMENTS • Purchase order • Material sources • Material invoices and billing invoices DBE TkU83 Shipping Tickets • The DBE is required to own and operate at least one fully licensed, insured and operational truck on the contract • The DBE is allowed to lease trucks from DBEs and non-DBEs • The DBE keeps a regular workforce and has its own employees • The DBE is utilizing its own equipment • Operation of the equipment must be subject to the full control of the DBE RED FLAGS ■ The DBE does not own any trucks used on the project • DBE trucks are never at the job site (owned or leased) • Large trucking commitment-compared to DBE capacity • DBE does not own the right type of truck for the work • No lease agreement present or trucks not owned by the DBE firm RECORDS/DOCUMENTS • Subcontract Agreement or Purchase Order • Equipment ownership, rental, or lease documents • Payroll records • List of trucks and truck unit numbers and Vehicle Identification Numbers (VIN) Page 223 of 323 DBE Trucking Credit Worksheet Form2371 (04/10) ,PBw;e r For Month of(Month/Year): Page of of 7Yensporteiion Project: County Prime Contractor. Contract CSJ: District: DBE Hauling Firm: Name of DBE Hauling Firm Amt Paid Amt Paid to DBEs for Work Total Amt Paid to to License Plate# Unit# or Performed DBEs to Date Non-DBE For TxDOT use Only DBE Truck Owner/Operator this Month Haulers _ r-" 1 P I - r- i k 1 r— I Add Row -o E I hereby certify that the above is a true and correct statement of the amounts paid to the DBE trucking firms listed above. N oSignature: _ Date: N DBE Company Official w The DBE firm must send the report to the prime contractor in a timely manner The prime contractor must then submit this form with the DBE Monthly Progress Report(MPR). The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request to be informed about the information that we collect about you.Under Sections 552.021 and 552.023 of the Government Code,you also are entitled to receive and review this information.Under Section 559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Form 03 TxDOT Disadvantaged Business Enterprise (rev.05/16) Contractor Certification of Good Faith Efforts Page of Arix.rstment (Submit completed GFE pages 1-5 only with back-ups, if any) Purpose The certification's intent is to document the good faith efforts(GFE)undertaken by the Contractor in soliciting and utilizing Disadvantaged Business Enterprises(DBE)to meet the good faith effort requirements for the contract.The completed certificate will assist the Texas Department of Transportation(TxDOT)to determine if the Contractor performed its due diligence in taking all necessary and reasonable steps by their scope,intensity,and appropriateness that could reasonably be expected to secure DBE participation,even if the contractor was not fully successful.Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements.TxDOT will determine if the Contractor made satisfactory good faith efforts to achieve DBE participation.The burden of proof rests with the Contractor General The information requested in this certificate is the information required by TxDOT to evaluate your firm's good faith efforts. TxDOT reserves the right to request further documentation from the Contractor to support and validate actions undertaken to secure participation. Prime Contractor: Project No or CSJ County Contract DBE Percentage Amount TxDOT Goal.$ %_ Proposed Goal to be met(GFE) Provide a brief summary on why you believe your firm is unable to meet the assigned DBE goal on this contract.Attach additional pages if necessary Page 225 of 323 Form 2603 (Rev.05/16) Page of GFE Activities A. Notifying DBE Firms of Contracting Opportunities 1 List all DBE firms assigned to this contract: Firm Name and Address Subcontract Amount li 2. Outreach: List all DBE firms and their description of work on this contract: Firm Name NAICS Codes Description of Work on Project Page 226 of 323 Form 2603 (Rev.05/16) Page of 3. List all attendance at pre-bid and business matchmaking meetings and events,advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals,organizations or publications that received announcements or written notifications from the Contractor,date published/sent and provide follow-up activity details.Provide explanation if no follow-up activities were performed.TxDOT reserves the right to request copies of all announcements or notifications listed. Published Announcement/ , Date of Publication ' Date Sent® Association/Organization® Contact Person.& Follow-Up (Provide brief description) Phone Activities List all attendance at pre-bid and business matchmaking meetings and events Pre-Bid/Business Matchmaking Events Association/Organization Date Attended B. Identifying Subcontractor Work Units The Contractor is strongly encouraged to select portions of work to be subcontracted to increase the likelihood of achieving the DBE participation.In selecting work to be subcontracted,the Contractor shall consider,where it is appropriate,breaking down the project into economically feasible work units to facilitate and promote DBE participation,even when the prime contractor might otherwise prefer to perform these work items with its own forces.This may include,where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates DBE participation. 1 Which portions or sections of the Scope of Work are able to be subcontracted? 2. Is there a DBE firm currently on the contract/project team able to perform the Scope of Work above or a portion of the work? ❑Yes No Name of firm Page 227 of 323 Form 2603 (Rev 05/16) Page of C. Providing Assistance to DBEs 1 Explain any efforts undertaken to provide DBE firms with adequate information in a timely manner about contract Scope of Work and requirements of this contract: 2. Describe any efforts undertaken to assist interested DBE firms in obtaining insurance bonding,lines of credit,or insurance required by TxDOT or the Contractor• Prior written approval from TxDOT required. 3. Describe any efforts undertaken to assist interested DBE firms in obtaining necessary equipment,supplies,materials,or re assistance or services: Prior written approval from TxDOT required. 4 Describe any efforts used to obtain services of available minority/women community organizations or other organization! Page 228 of 323 Form 2603 (Rev.05/16) Page of D Negotiating in Good Faith Contractors shall solicit services in good faith with interested DBE firms listed in the Texas Unified Certification Program (TUCP)DBE directory with the certification NAICS code to perform the areas of work desired and which are located in the area or surrounding areas of the project.Proposals from interested DBE firms shall not be rejected by Contractors without sound business justification. 1 Provide the firm name,contact information and work proposed of all DBE firms that submitted a proposal for this contract that were not selected.The reason for rejection must be provided for CIV to determine the Contractor's satisfactory good faith efforts.If no DBE proposals were rejected,state"NONE". NOTE:If subcontractor proposals are rejected due to excessive costs,the Contractor must submit copies of the quote to TxDOT to evaluate. DBE Firm and Contact Person Work Proposed Explanation for Rejecting Proposal 2. Other comments or information you want CIV to consider as part of your good faith effort. The undersigned, (Printed Name) certifies that the information provided on this certificate is true and correct to the best of my knowledge and belief Signature: Date: Contractor/Authorized Representative Note:The GFE form must be signed by an authorized signatory for the Contractor TxDOT Internal Use Only Date GFE Received: Processed by (Printed Name) Signature: Date: Management Concurrence GFE Request ❑Approved ['Denied: Date Manager,Supervisor (Printed Name) Signature: Date: DD,DE,or Designee: (Printed Name) Signature: Date: Page 229 of 323 Texas Department of Transportation FormSMS.4903 __ 14,-- p p (Rev.07/08) Texes DBE Monthly Progress Report Page 1of1 Department of Tronspartetlon Project: Contract CSJ County. District: Letting Date: For Month of(Mo./Yr): Contractor Contract Amount: DBE Goal: % DBE Goal Dollars: **DBE$Amt *** Vendor Name of DBE *RC Paidfor Work Non-DBE2ndTier Amt Paid to For TxDOT Number Sub/Supplier or Performed Subsand Haulers DBEs to Date use Only RN this Period (Y) (X-Y) (X) * Race Conscious or Race Neutral ** Goal/commitment progress report amount and/or race-neutral amount. Do not subtract non-DBE second-tier subcontractors and haulers from this column. *** Report amount of payment DBE subcontractors paid to non-DBE subcontractors/haulers. If using a non-DBE hauling firm that leases from DBE truck owner-operators, payments made to each owner-operator must be reported separately Any changes to the DBE commitments approved by the department must be reported to the area engineer Submission of this report for periods of negative DBE activity is required. This report is required until all DBE subcontracting or material supply activity is completed. I hereby certify that the above is a true and correct statement of the amounts paid to the DBE firms listed above. Signature Company Official Date This report must be sent to the area engineer's office within 15 days following the end of the calendar month. The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request to be informed about the information that is collected about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Page 230 of 323 Form 2177 Prompt Payment Certification (Rev.03/16) Page of In traitthe requirements of Article 9, "Payment Provisions for Subcontractors," submit this g Engineer prior to the end of the month followingthe month payments were received from the department and the month following the month when final acceptance occurred, at the end of the project. (Final submission may be made prior to final acceptance if all subcontractor work and supplier material furnished for the project is complete and the subcontractors and suppliers final payments have been made in full ) The Engineer may withhold payments or suspend work for failure to submit this form or provide prompt payment in accordance with the contract. This certification is applicable to materials the Contractor purchases to remain as part of the final project and to first tier subcontractors on the project and associated project specific locations. (Subcontractors and suppliers are to comply with the prompt payment requirements.) Certification "I certify that to the best of my knowledge and with the exception of those subcontractors or suppliers listed below, all subcontractors and suppliers have been paid in accordance with the contract(10 days after receiving payment for the work performed by the subcontractor) and that any retainage held on a subcontractor or supplier's work has been released within 10 days after satisfactory completion of all of the subcontractors'or suppliers'work." Project Number CCSJ Estimate Period or Month Year Final Subcontractor and Supplier Payment Date Signature Title Date Printed Name: The following firms have not been paid for reasons listed: Firm * Reason for Non-Payment *Only reasons based on dispute on subcontractor or supplier noncompliance may be accepted. This certitication is for the department's information only and does not place any obligations on the part of the department with regard to any part, including but not limited to, any subcontractor and Contractor's surety The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request to be informed about the information that we collect about you.Under Sections 552.021 and 552.023 of the Government Code,you also are entitled to receive and review this information. Under Section 559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Page 231 of 323 _ DBE Prime Contractor Payments Form SMSA902 (Rev.05/08) Texas to Non-DBE Subcontractors Page 1 of 1 Department of Transportation Project: Contract CSJ: County District: Letting Date: For Month of(Mo./Yr.): Contractor. Contract Amount: Name of Non-DBE Subcontractor $Amount Paid This Total $Amount Paid to Period Date Send this report to the District DBE Coordinator Report is due within 15 days following the end of each calendar month. Signature: Date: Company Official The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request to be informed about the information that is collected about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Page 232 of 323 DBE Final Report Form °`(Rev.09/110) raxas Page 1 of 1 Department of xansportatton The DBE final report form should be filled out by the contractor and submitted to the appropriate district office upon completion of the project. One copy of the report must be submitted to the area engineer's office. The report should reflect all DBE activity on the project. The report will aid in expediting the final estimate for payment. If the DBE goal requirements were not met, documentation supporting good faith efforts must be submitted. Project: Contract CSJ County. Control Project: Letting Date: DBE Goal: Contractor Contract Amount: For Vendor Name of DBE RC DBE Goal—TotalAmount Amount Paid to Non-DBE TxDOT Number Sub/Supplier RN* Paid to Datet 2nd Tier Subs&Haulers Use Only * Race-Conscious or Race-Neutral. t Goal/commitment progress report amount and/or race-neutral amount. Do not subtract non-DBE second-tier subcontractors and haulers from this column. $ DBE subcontractors paid to non-DBE subcontractors/haulers. Was there a project under-run caused by a TxDOT Chan a Order Number change order that impacted DBE Goal attainment? Q Yes 0 No 9 This is to certify that % of the work was completed by Disadvantaged Business Enterprises as stated above. By Per Name of General Contractor Contractor's Signature Subscribed and sworn to before me, this day of ,A.D Notary Public County My commission expires The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request, to be informed about the information that is collected about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information. Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Page 233 of 323 Equipment Rental Rates General. Federal regulations address participation in equipment owned or rented by the contractor and used in force account work. Specified cost accounting principles must be used to develop the rates. Ineligible costs included use of contingencies, replacement cost escalator factors, and premium rental rates for rental periods less than one month. Federal policy requires that actual costs be used to determine extra work payments; however, actual equipment costs are usually not readily available. Therefore, the FHWA permits an LG to specify the acceptable rate guides in construction contracts. The LG may also include any equipment rate schedules developed in conformance with the Federal cost principles and the FHWA policy The Federal cost principles applicable to rental rates for contractor furnished equipment are contained in 48 CFR, Part 31 The provisions in 2 CFR 225 apply when LG-owned equipment is used. Rental Rate Guides: An LG may, subject to TxDOT concurrence, adopt the Blue Book or other industry rate guide,or it may develop its own guide. The LG must make the determination that the equipment rental rates developed or adopted fairly estimate a contractor's actual cost to own and operate the equipment within its jurisdiction. TxDOT must review and approve the LG's rates for compliance with the policy before including the rates in a contract proposal. Adjustment Factors: Equipment is not expected to operate for 12 consecutive months. Maps at the beginning of each Blue Book equipment section indicate adjustment factors based on climate and regional costs. Rate adjustment tables indicate adjustment factors based on equipment age. The adjustment factors in the maps and tables are to be applied when determining the eligible rate. Maximum Rate: The Blue Book adjusted rates cover all eligible equipment related costs. Therefore, they are considered to be the maximum eligible rates for Federal-aid participation purposes. Hourly Rates:The developer of the Blue Book accumulates all contractor costs for owning a piece of equipment on an hourly basis. The monthly rate displayed in the rental guide is determined by multiplying the accumulated hourly costs by the monthly standard of 176 hours. Therefore, for periods of equipment use less than the standard 176 hours per month, Federal-aid participation shall be limited to the hourly rate obtained by dividing the monthly rate by 176 Premium rates contained in the rate guides shall not be used. Standby Equipment Rates: The contractor continues to incur certain ownership costs when equipment is required to be on standby The use of a standby rate is appropriate when equipment has been ordered to be available for force account work but is idle for reasons that are not the fault of the contractor While an industry standard does not exist for standby rates,it has been the normal practice of the courts to reduce published ownership rental guide rates by 50 percent for standby rate usage. Therefore, the FHWA will accept 50 percent of the ownership rental rates of an Page 234 of 323 approved guide as the standby rate in lieu of a contractor's actual standby costs. There should be no operating costs included in the rate used and standby time should not exceed 8 hours per day, 40 hours per week, or the annual usage hours as established by the rate guide. Mobilization: The costs required to mobilize and demobilize equipment not available on the project are eligible for reimbursement. Standby rates should be used for equipment while being hauled to and from the project. This will be in addition to applicable rates for the hauling equipment. All costs associated with the assembly and disassembly of the equipment for transport should also be considered in the mobilization costs. Overhead:Equipment overhead includes such items as insurance,property taxes, storage,licenses and record keeping. The Blue Book rates include all equipment overhead costs. Therefore, if a contractor proposes to apply project or home office overhead to a Blue Book rate, the LG must assure that it contains no equipment overhead cost factors. TxDOT will determine the reasonableness of such a rate. Profit:There is no provision for equipment rental profit in the Blue Book published rates. Federal regulations do not prohibit the addition of an amount for profit. If an LG has a policy for the payment of profit, it should be followed on Federal-aid contracts. If a profit amount is used, TxDOT will determine reasonableness based on experience. Contractor Leased Equipment: When a contractor obtains equipment through a third party rental agreement for use in a force account situation, the cost will normally be the invoice cost. The invoice cost should be comparable with other rental rates of the area. The Associated Equipment Distributors (AED) Rental Rate and Specifications may be used to evaluate the costs for such equipment rental. Since rental agreements vary,the specific operating costs included in the rental agreement may need to be determined. The contractor may be reimbursed for additional eligible operating costs not covered by the agreement (i.e., fuel, lubrication, field repairs, etc), however, equipment standby time will not be reimbursed. The AED book is not acceptable as a rate guide for contractor owned equipment. The AED rates are based on national averages of rates charged by equipment distributors and do not reflect the contractor's cost of owning and operating the equipment. Page 235 of 323 Certification Regarding Lobbying Certification For Contracts, Grants,Loans,And Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for mfluencing or attempting to mfluence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordmgly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Signature/Authorized Certifying Official Typed Name and Title Applicant/Organization Date Signed Page 236 of 323 Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. Submission of this statement is a prerequisite for making or entenng into this transaction imposed by section 1352, title 31, U S Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Signature/Authorized Certifying Official Typed Name and Title Applicant/Organization Date Signed Page 237 of 323 Non-Collusion Statement General. The submission of a non-collusion statement protects the integrity of the Federal-aid highway program by serving as a deterrent to bid rigging activities. The certification also becomes evidence in prosecuting cases involving construction contract bid rigging. A non-collusion statement is required from all bidders and is to be submitted as part of the bid proposal package. Failure to submit the required certification will result in the bid being considered as non-responsive and ineligible for award consideration. The LG must include provisions in the bidding proposals that require all bidders to include a non- collusion statement with their bid.The FHWA,in consultation with the U S Department of Justice (USDOJ), has concluded that the non-collusion statement may be either an unsworn declaration made under penalty of perjury under the laws of the United States, or a sworn affidavit executed and sworn before a person who is authorized to administer oaths by the laws of the State. All non-collusion certifications shall be retained by the LG in accordance with the retention policy of 49 CFR 18 42. These certifications could serve as important evidence in the event that collusion or bid rigging is discovered at a later date. If for any reason, a person feels that fraud has occurred, they should contact the nearest USDOT Office of Inspector General (OIG) office The OIG maintains a fraud hotline at 1-800-409-9926 or http.//oig.state.gov/hotline/ This may be based on a suspicion or actual evidence of fraud.waste and abuse in any project funded by FHWA. Page 238 of 323 AFFIDAVIT THE STATE OF TEXAS OWNER Before me,the undersigned authority,on this day personally appeared who being by me duly sworn upon oath says: that he is duly qualified and authorized to make this affidavit for and on behalf of ("Contractor"), of and is fully cognizant of the fact herein set out: that Contractor has not, either directly or indirectly, entered into any agreement with OWNER in any collusion: or otherwise taken any action in restraint of free competitive bidding in connection with the contract for the above referenced project. NAME TITLE SWORN TO AND SUBSCRIBED BEFORE ME by the said ,this day of ,20 ,to certify which witness my hand and seal of office. NOTARY PUBLIC in and for State of Printed Name: My Commission Expires Page 239 of 323 PAYROLL VERIFICATION INFORMATION 1 Payroll will be verified by a City of Pearland Representative. Certification of payment will be compared with payroll figures upon completion of project. To minimize time in payment of job, the General Contractor can send a certified letter to the effect upon receipt of certification of payment, they will be made available for comparison, and if any discrepancies are found,the necessary adjustments will he made. 2. Submit certified payroll for each week. If no work is being performed, submit a certified payroll weekly stating "No Work Performed this Period" A certified payroll stating"No Work Performed until Further Notice"is not acceptable for this project. 3. Number payrolls consecutively starting with#1 for first month worked. 4 Only one copy of each payroll is required. 5. Include the City of Pearland Contract Purchase Order number and job description on each payroll. 6. Show each employee working on project and his work classification (carpenter, pipe fitter, roofer, etc.) Consult classification and minimum wage schedule in the Prevailing Wage Rate for Engineering Construction in the City of Pearland,in Contract Specifications. 7 On payroll, indicate if fringe benefits(as shown on the City of Pearland Wage Scale)are paid to approve plans,funds, or programs; or if they are paid in cash to the employee. (In case of cash payment of fringe benefits, show the base rate+fringe benefits—5.00/6.75.) 8. Show the number of hours worked in each month and/or week. 9 Indicate gross salary,deductions,net salary,and check number issued. 10. Contractor is to submit payroll sheets for each contract he has with the City of Pearland. 11 Show"Final"on last payroll submitted. 12. General Contractor is responsible for sub-contractors submittal of correct payrolls each week. He can only be assured of this by insisting that subcontractor payrolls be submitted to him,not to the City of Pearland. 13. Sub-contractors'payroll to be monitored by prime Contractor in complying to prevailing wage rates. Page 240 of 323 Prison Produced Materials General. There are limitations on using materials produced by convict labor in a Federal-aid Highway project.Materials produced after July 1, 1991 by convict labor may only be incorporated in a Federal-aid highway construction project if: • Such materials have been produced by convicts who are on parole, supervised release, or probation from a prison, or • Such material has been produced in a qualified prison facility (e.g. prison industry, with the amount produced during any 12-month period) for use in Federal-aid projects, not exceeding the amount produced, for such use, during the 12-month period ending July 1, 1987 Texas does not have a qualified prison facility meeting the requirements of the regulation. Page 241 of 323 Railroad Insurance Provision General. Contractors are required to purchase railroad protective liability insurance when work under the contract is located in whole or m part within railroad right-of-way The insurance is for the benefit of the railroad. The requirement to provide the insurance is located at 23 CFR 646 107 The standards for railroad protective insurance established at 23 CFR 646 109 and 646 111 must be adhered to the extent permitted by the insurance laws of the State. Listed below are the types of coverage required by 23 CFR 646 109 1 Coverage shall be limited to damage suffered by the railroad on account of occurrences arising out of the work of the contractor on or about the railroad right-of-way,independent of the railroad's general supervision or control, except as noted in § 646 109(b)(4). 2. Coverage shall include a. Death of or bodily injury to passengers of the railroad and employees of the railroad not covered by State workmen's compensation laws, b Personal property owned by or in the care, custody or control of the railroads, c. The contractor, or any of his agents or employees who suffer bodily injury or death as the result of acts of the railroad or its agents, regardless of the negligence of the railroad, d.Negligence of only the following classes of railroad employees (i) Any supervisory employee of the railroad at the job site, (ii) Any employee of the railroad while operating, attached to, or engaged on, work trains or other railroad equipment at the job site which are assigned exclusively to the contractor; or (iii) Any employee of the railroad not within(b)(4) (i) or(ii) who is specifically loaned or assigned to the work of the contractor for prevention of accidents or protection of property, the cost of whose services is borne specifically by the contractor or governmental authority The amounts of coverage required by 23 CFR 646 111 is as follows. 1 The maximum dollar amounts of coverage to be reimbursed from Federal funds with respect to bodily injury, death and property damage is limited to a combined amount of$2 million per occurrence with an aggregate of$6 million applying separately to each annual period except as provided in paragraph(b) of this section. Page 242 of 323 2. In cases involving real and demonstrable danger of appreciably higher risks, higher dollar amounts of coverage for which premiums will be reimbursable from Federal funds shall be allowed.These larger amounts will depend on circumstances and shall be written for the individual project in accordance with standard underwriting practices upon approval of TxDOT Page 243 of 323 SBE Monthly Progress Report FO(R v.42006) (GSD-EPC) ,Texas Page 1 of 1 Department of Transportation Project: Contract CSJ County District: Letting Date. For Month of (Mo./Yr) Contractor' Contract Amount: SBE Goal: % SBE Goal Dollars *SBE$Amt. Pd.for Vendor Name of SBE *SBE, DBE, Amt. Pd.to SBE to Number Sub/Supplier HUB, DH Type of Work Work Performed this Date Period • * Include payments to all certified SBEs, DBEs, HUBs and DBE/HUBs. (Code S=SBE, D=DBE, H=HUB, DH=both DBE and HUB ) If using a non-SBE hauling firm that leases from SBE truck owner-operators, payments made to each owner- operator must be reported separately Any changes to the SBE commitments previously approved by the department must be reported to the area engineer For projects with assigned SBE Goals, submission of this report for periods of negative SBE activity is required This report is required until all SBE subcontracting or material supply activity is completed I hereby certify that the above is a true and correct statement of the amounts paid to the SBE firms listed above. Signature. _ Date. Company Official This report must be sent to the area engineer's office within 15 days following the end of the calendar month. The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request, to be informed about the information that is collected about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Page 244 of 323 TxDOT 1560 CERTIFICATE OF INSURANCE Form 150 (Rev 07112) Previous eddwn>Or!he form may not be used rend Page of of ru�ny'nintrhnn i Agents should complete the form providing all requested information then either fax or mail this form r§rectly to the address listed on page two of this form.Copies of endorsements listed below are not required as attachments to this certificate. This certificate Is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not confer any rights or obligations other than the rights and obligations conveyed by the policies referenced on this certificate.The terms of the policies referenced in this certificate control over the terms of the certificate. Insured: Street/Mailing Address: J J City/State/Zip: � Phone Number ( ....:..J)g L.-; t_.-.. WORKERS'COMPENSATION INSURANCE COVERAGE: Endorsed with a Waiver of Subrogation in favor of TxDOT I Carrier Name: Carrier Phone#. c — ') ._.-.. ' r J I Address: City,State,Zip: Type of Insurance 1 I Policy Number �Effective Date Expiration Date (— Limits of Liability. Workers'Compensation Not Less Than: Statutory-Texas COMMERCIAL GENERAL LIABILITY INSURANCE: I Carrier Name: Carrier Phone#. ( _ ,,_) . _-_a -1 Address: City,State,Zip: Type of Insurance: Policy Number Effective Date: Expiration. Date Limits of Liability' Commercial General — Not Less Than: Liability Insurance t 1$600,000 each occurrence BUSINESS AUTOMOBILE POLICY. Carrier Name: Carrier Phone (Ea'" ) Address: City,State,Zip: Type of Insurance: Policy Number Effective Date: Expiration Date: Limits of Liability: Business Automobile Policy Not Less Than: $600,000 combined single limit UMBRELLA POLICY(if applicable): `Carrier Name: _ — Carrier Phone#. (L_ 14__ I Address: City,State,Zip: Type of Insurance: Policy Number Effective Date: Expiration Date: Limits of Liability Umbrella Policy Should any of the above described policies be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions. THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named are in full force and effect.If this form is sent by facsimile machine(fax) the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine es the sender's original signature Agency Name Address City,State,Zip Code Authorized Agent's Phone Number Authorized Agent Original Signature Date The Texas Department of Transportation maintains the information collected through this form. With few exceptions,you are entitled on request to be informed about the information that we collect about you.Under 0552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the Information.Under§559.004 of the Government Code,you are also entitled to have us correct Information about you that is incorrect. Fax completed form to 512/416-2536 Page 245 of 323 Fogil 1560 (RA,07/42) Pag..2 of 2 NOTES TO AGENTS: Agents must provide all requested information then either fax or mail this form directly to the address listed below Pre-printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount and strike-through or cross-out the pre-printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be in force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form. List the contractors legal company name, including the DBA (doing business as) name as the insured. If a staff leasing service is providing insurance to the contractor/client company, list the staff leasing service as the insured and show the contractor/client company in parenthesis. The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts. List the contractors legal company name, including the DBA(doing business as) name as the insured or list both the contractor and staff leasing service as insured when a staff leasing service is providing insurance. Over-stamping and/or over-typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner This form may be reproduced. DO NOT COMPLETE THIS FORM UNLESS THE WORKERS'COMPENSATION POLICY IS ENDORSED WITH A WAIVER OF SUBROGATION.IN FAVOR OF TXDOT The SIGNATURE of the agent is required. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS'COMPENSATION INSURANCE: The contractor is required to have Workers'Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers'Compensation Law GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers'Compensation, COMMERCIAL GENERAL LIABILITY INSURANCE: MANUFACTURERS'or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. BUSINESS AUTOMOBILE POLICY If coverages are specified separately,they must be at least these amounts: Bodily Injury $500,000 each occurrence $100,000 each occurrence Property Damage $100,000 for aggregate PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for a Business Automobile Policy MAIL ALL CERTIFICATES TO: Texas Department of Transportation CST—Contract Processing Unit(RA/200-1st FL) 125 E.11 th Street Austin,TX 78701-2483 512/416-2540(Voice), 512/416-2536(Fax) Page 246 of 323 CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO. # Date: [mm dd,yyyy] PROJECT Pearland Safe Route to School, Various-Fite Rd, Glastonbury Dr, Harkey Rd, Josephine Dr, Knapp Rd,Mclean Rd, Old Alvin Rd, Old Oaks Blvd, Robinson Dr, Pearland Pkwy, Mchard Rd, and Veterans Dr BID NO ITB 0422-12 BID DATE FROM. [Responsible Engineer] [Title] [Firm Name] [Firm address] To Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS [Insert as needed] SPECIFICATIONS [Insert as needed] CONSTRUCTION DRAWINGS [Insert as needed] END OF ADDENDUM NO [#] [Responsible engineer] [Title] 2-22-12 00900- 1 of 1 Page 247 of 323 CITY OF PEARLAND SCHEDULE OF LIQUIDATED DAMAGES SP000-001 L 1 Special Provision to Item 000 Schedule of Liquidated Damages The liquidated damages herein specified shall only apply to Contractor's delay in performance. Liquidated damages are intended solely to compensate the Owner for additional personnel efforts in administering the Contract after normally scheduled completions dates, Owner inconvenience, lost opportunities, and lost confidence in government and morale of government when work is not completed on time. The parties agree that liquidated damages shall be computed according to the following schedule, based upon the Contract Price, inclusive of any applicable changes thereto, for each and every day that completion of the Work shall be delayed Original Contract Amount Daily Amount of Liquidated Damages From To More Than And Including $0 $500,000 $500 $500,000 $1,000,000 $800 $1,000,000 $5,000,000 $1,000 $5,000,000 and more $1,500 The dollar amount of daily contract administration Liquidated Damages per Working Day is $1,000. 09-14 Statewide Page 248 of 323 000-002L Special Provision to Item 000 Nondiscrimination 1 DESCRIPTION All recipients of federal financial assistance are required to comply with various nondiscrimination laws including Title VI of the Civil Rights Act of 1964,.as amended,(Title VI).Title VI forbids discrimination against anyone in the United States on the grounds of race,color,or national origin by any agency receiving federal funds. Owner,as a recipient of Federal financial assistance,and under Title VI and related statutes,ensures that no person shall on the grounds of race,religion(where the primary objective of the financial assistance is to provide employment per 42 U S.C.§2000d-3),color,national origin,sex,age or disability be excluded from participation in,be denied the benefits of,or otherwise be subjected to discrimination under any of Owner's programs or activities. 2. DEFINITION OF TERMS Where the term"contractor"appears in the following six nondiscrimination clauses,the term"contractor"is understood to include all parties to contracts or agreements with the Owner 3. NONDISCRIMINATION PROVISIONS During the performance of this contract,the contractor agrees as follows: 3.1 Compliance with Regulations.The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter,"DOT") Title 49, Code of Federal Regulations,Part 21,as they may be amended from time to time,(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. 3.2. Nondiscrimination.The contractor,with regard to the work performed by it during the contract,shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3.3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,including procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or national origin. 3.4 Information and Reports:The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books,records,accounts, other sources of information,and its facilities as may be determined by the Owner or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Owner or the Texas Department of Transportation as appropriate,and shall set forth what efforts it has made to obtain the information. 1 09-14 Statewide Page 249 of 323 000-002L 3.5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the Owner shall impose such contract sanctions as it,the Owner may determine to be appropriate,including,but not limited to: • withholding of payments to the contractor under the contract until the contractor complies,and/or • cancellation,termination or suspension of the contract,in whole or in part. 3.6. Incorporation of Provisions.The contractor shall include the provisions of paragraphs(3.1)through(3.6)in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations,or directives issued pursuant thereto.The contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions including sanctions for non-compliance:provided,however that,in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the contractor may request the Owner to enter into such litigation to protect the interests of the Owner,and,in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2 09-14 Statewide Page 250 of 323 000.003L Special Provision to Item 000 Certification of Nondiscrimination in Employment 1 GENERAL By signing this proposal,the Bidder certifies that Bidder has participated in a previous contract or subcontract subject to the equal opportunity clause,as required by Executive Orders 10925, 11114,or 11246,or if Bidder has not participated in a previous contract of this type,or if Bidder has had previous contract or subcontracts and has not filed, Bidder will file with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency,or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. Note The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1 7(b)(1)),and must be submitted by Bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause.Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently,Standard Form 100(EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1 7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U S. Department of Labor 1 09-14 Statewide Page 251 of 323 000-004L Special Provision to Item 000 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1 GENERAL In addition to the affirmative action requirements of the Special Provision titled"Standard Federal Equal Employment Opportunity Construction Contract Specifications"as set forth elsewhere in this proposal,the Bidder's attention is directed to the specific requirements for utilization of minorities and females as set forth below 2. GOALS 2.1 Goals for minority and female participation are hereby established in accordance with 41 CFR 60-4 2.2. The goals for minority and female participation expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area are as follows: Goals for minority participation Goals for female participation in each trade,% in each trade,% See Table 1 6.9 2.3. These goals are applicable to all the Contractor's construction work(whether or not it is Federal or federally assisted)performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area,it will apply the goals established for such geographical area where the work is actually performed.With regard to this second area,the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 will be based on its implementation of the Standard Federal Equal Employment Opportunity Construction Contract Specifications Special Provision and its efforts to meet the goals.The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract,and in each trade,and the Contractor must make a good faith effort to employ minorities and women evenly on each of its projects.The transfer of minority and female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals will be a violation of the Contract,the Executive Order and the regulations in 41 CFR Part 60-4 Compliance with the goals will be measured against the total work hours performed. 2.4 A Contractor or subcontractor will be considered in compliance with these provisions by participation in the Texas Highway-Heavy Branch,AGC,Statewide Training and Affirmative Action Plan. Provided that each Contractor or subcontractor participating in this plan must individually comply with the equal opportunity clause set forth in 41 CFR 60-14 and must make a good faith effort to achieve the goals set forth for each participating trade in the plan in which it has employees.The overall good performance of other Contractors and subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to make good faith efforts to achieve the goals contained in these provisions. Contractors or subcontractors participating in the plan must be able to demonstrate their participation and document their compliance with the provisions of this Plan. 3. SUBCONTRACTING The Contractor must provide written notification to the Owner within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the Contract resulting from this solicitation pending concurrence of the Owner in the award.The notification will list the names, 1 Page 252 of 323 000-004L address and telephone number of the subcontractor;employer identification number;estimated dollar amount of the subcontract;estimated starting and completion dates of the subcontract;and the geographical area in which the Contract is to be performed. 4. COVERED AREA As used in this special provision,and in the Contract resulting from this solicitation,the geographical area covered by these goals for female participation is the State of Texas.The geographical area covered by these goals for other minorities are the counties in the State of Texas as indicated in Table 1 5. REPORTS The Contractor is hereby notified that he may be subject to the Office of Federal Contract Compliance Programs(OFCCP)reporting and record keeping requirements as provided for under Executive Order 11246 as amended.OFCCP will provide direct notice to the Contractor as to the specific reporting requirements that he will be expected to fulfill. Table 1 Goals for Minority Participation County Participation,% County Participation,% Anderson 22.5 Chambers 27 4 Andrews 18.9 Cherokee 22.5 Angelina 22.5 Childress 11.0 Aransas 44.2 Clay 12.4 Archer 11.0 Cochran 19.5 Armstrong 11.0 Coke 20.0 Atascosa 49.4 Coleman 10.9 Austin 27 4 Collin 18.2 Bailey 19.5 Collingsworth 11.0 Bandera 49.4 Colorado 27 4 Bastrop 24.2 Comal 47.8 Baylor 11.0 Comanche 10.9 Bee 44.2 Concho 20.0 Bell 16.4 Cooke 17.2 Bexar 47.8 Coryell 16.4 Blanco 24.2 Cottle 11.0 Borden 19.5 Crane 18.9 Bosque 18.6 Crockett 20.0 Bowie 19.7 Crosby 19.5 Brazoria 27.3 Culberson 49.0 Brazos 23.7 Dallam 11.0 Brewster 49.0 Dallas 18.2 Briscoe 11.0 Dawson 19.5 Brooks 44.2 Deaf Smith 11.0 Brown 10.9 Delta 17.2 Burleson 27 4 Denton 18.2 Burnet 24.2 DeWitt 27,4 Caldwell 24.2 Dickens 19.5 Calhoun 27 4 Dimmit 49.4 Callahan 11.6 Donley 11.0 Cameron 71.0 Duval 44.2 Camp 20.2 Eastland 10.9 Carson 11.0 Ector 15.1 Cass 20.2 Edwards 49,4 Castro 11.0 Ellis 18.2 2 Page 253 of 323 C_ C_ C- C- C- c- c- � SSSS = SSSSSSSSSSSSSSSSSS0G) 000G) G) 0G) 00G) T 71 71 71 71 71 71TITITImil1C) = c N 7 CD 'm0 0 a d * 0 •00 0 0 = 0 7 3 •< cOn a- N N. n. n. 7 CD _ pl N N CD N n) = O' wa) CD CD < 5' o CD = - °' " `< = N -0 c N 3 CD cn cn * S 0 CD Cn 7' O N m T O CO '0 m CD fn' fn CD m d CD CO N N cn m pp)) CD CD m T C d O- CCD CCD - m CD �.37 p7 m = -CO 0 < 7 N CD O_ = m "< O fn 7' -`G = 0 = C m = C00 0_ 00 N- m m CD CD 7 O 'G = O 7 �• O = co O_ m 0 0 a_ co 0) a •P -, A - - ? 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N) N) CO O r; 0 0 CO 7 co N o CT cri W W r 000-005L Special Provision to Item 000 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1 GENERAL 1 1 As used in these specifications: • "Covered area"means the geographical area described in the solicitation from which this Contract resulted; • "Director"means Director,Office of Federal Contract Compliance Programs, United States Department of Labor,or any person to whom the Director delegates authority; • "Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U S.Treasury Department Form 941 • "Minority"includes: • Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); • Hispanic(all persons of Mexican,Puerto Rican,Cuban, Central or South American or other Spanish Culture or origin,regardless of race); • Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent,or the Pacific Islands);and • American Indian or Alaskan Native(all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). 1.2. Whenever the Contractor,or any Subcontractor at any tier,subcontracts a portion of the work involving any construction trade,it will physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 1.3. If the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U S. Department of Labor in the covered area either individually or through an association,its affirmative action obligations on all work in the Plan area(including goals and timetables)will be in accordance with that plan for those trades which have unions participating in the Plan.Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the equal employment opportunity(EEO)clause,and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees.The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 1 4 The Contractor will implement the specific affirmative action standards provided in Section 1 71 through Section 1 716.of these specifications.The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area.Covered construction Contractors performing Contracts in geographical areas where they do not have a Federal or federally assisted construction Contract will apply the minority and female goals established for the geographical area where the Contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or any Federal procurement contracting officer The 1 Page 256 of 323 000-005L Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 1.5. Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women will excuse the Contractor's obligations under these specifications,Executive Order 11246,or the regulations promulgated pursuant thereto. 1 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities.Trainees must be trained pursuant to training programs approved by the U S. Department of Labor 1 7 The Contractor will take specific affirmative actions to ensure equal employment opportunity The evaluation of the Contractor's compliance with these specifications will be based upon its effort to achieve maximum results from its actions.The Contractor will document these efforts fully,and will implement affirmative action steps at least as extensive as the following: 1 71 Ensure and maintain a working environment free of harassment, intimidation,and coercion at all sites,and in all facilities at which the Contractor's employees are assigned to work.The Contractor,where possible,will assign two or more women to each construction project.The Contractor will specifically ensure that all foremen,superintendents,and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. 1 7.2. Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. 1 7.3. Maintain a current file of the names,addresses and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union,a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred,not employed by the Contractor,this will be documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken. 1 7 4 Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor,or when the Contractor has other information that the union referral Process has impeded the Contractor's efforts to meet its obligations. 1 7 5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women,including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs,especially those programs funded or approved by the U.S. Department of Labor The Contractor will provide notice of these programs to the sources compiled under 7b above. 1 7 6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;by including it in any policy manual and Collective bargaining agreement;by publicizing it in the company newspaper,annual report,etc.,by specific review of the policy with all management personnel and with all minority and female employees at least once a year;and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 1 7 7 Review,at least annually,the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment,layoff,termination or other 2 Page 257 of 323 000-005L employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents,General Foremen,etc., before the initiation of construction work at any job site.A written record must be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed,and disposition of the subject matter 1 7.8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media,and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. 1 7.9. Direct its recruitment efforts,both oral and written,to minority,female and community organizations,to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month before the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor will send written notification to organizations such as the above,describing the openings, screening procedures,and tests to be used in the selection process. 1 710. Encourage present minority and female employees to recruit other minority persons and women and,where reasonable,provide after school,summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. 1 711 Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1 712. Conduct,at least annually,an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. 1 713. Ensure that seniority practices,job classifications,work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. 1 714 Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities will be provided to assure privacy between the sexes. 1 715. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers,including circulation of solicitations to minority and female contractor associations and other business associations. 1 716. Conduct a review,at least annually,of all supervisors'adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 1.8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(Section 71 through Section 7 16.) The efforts of a contractor association,joint contractor-union,contractor-community,or other similar group of which the Contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations under Section 71 through Section 716.of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry,ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation,makes a good faith effort to meet its individual goals and timetables,and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor The obligation to comply,however,is the Contractor's and failure of such a group to fulfill an obligation will not be a defense for the Contractor's noncompliance. 1.9 A single goal for minorities and a separate single goal for women have been established.The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non-minority Consequently,the Contractor 3 Page 258 of 323 000.005L may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example,even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 1 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. 1 11 The Contractor will not enter into any Subcontract with any person or firm debarred from Government Contracts pursuant to Executive Order 11246. 1 12. The Contractor will carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause,including suspension,termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of Federal Contract Compliance Programs.Any Contractor who fails to carry out such sanctions and penalties will be in violation of these specifications and Executive Order 11246,as amended. 1 13. The Contractor,in fulfilling its obligations under these specifications,will implement specific affirmative action steps,at least as extensive as those standards prescribed in paragraph 7 of these specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunity If the Contractor fails to comply with the requirements of the Executive Order,the implementing regulations,or these specifications, the Director will proceed in accordance with 41 CFR 60-4.8. 1 14 The Contractor will designate a responsible official to monitor all employment-related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records.Records must at least include for each employee the name,address,telephone numbers,construction trade,union affiliation if any,employee identification number when assigned,social security number,race,sex,status(e.g.,mechanic,apprentice,trainee, helper, or laborer),dates of changes in status,hours worked per week in the indicated trade,rate of pay,and locations at which the work was performed. Records must be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 1 15. Nothing herein provided will be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 1 16. In addition to the reporting requirements set forth elsewhere in this Contract,the Contractor and the subcontractors holding subcontracts,not including material suppliers,of$10,000 or more,will submit for every month of July during which work is performed,employment data as contained under Form PR 1391 (Appendix C to 23 CFR,Part 230),and in accordance with the included instructions. 4 Page 259 of 323 000-394L Special Provision to Item 000 Disadvantaged Business Enterprise in Federal-Aid Contracts 1 DESCRIPTION The purpose of this Special Provision is to carry out the U S. Department of Transportation's(DOT)policy of ensuring nondiscrimination in the award and administration of DOT-assisted Contracts and creating a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can compete fairly for DOT-assisted Contracts. 2. DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL-AID CONTRACTS 2.1 Policy It is the policy of the DOT and the Texas Department of Transportation(Department)that DBEs,as defined in 49 CFR Part 26, Subpart A,and the Department's DBE Program,will have the opportunity to participate in the performance of Contracts financed in whole or in part with federal funds.The DBE requirements of 49 CFR Part 26,and the Department's DBE Program,apply to this Contract as follows. The Contractor will solicit DBEs through reasonable and available means,as defined in 49 CFR Part 26, Appendix A,and the Department's DBE Program,or show a good faith effort to meet the DBE goal for this Contract. The Contractor,subrecipient,or subcontractor will not discriminate on the basis of race, color,national origin, or sex in the performance of this Contract.Carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure to carry out these requirements is a material breach of this Contract,which may result in the termination of this Contract or such other remedy as the recipient deems appropriate. The requirements of this Special Provision must be physically included in any subcontract. By signing the Contract proposal,the Bidder is certifying that the DBE goal as stated in the proposal will be met by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good faith effort to meet the commitment. 2.2. Definitions. 2.2.1 Administrative Reconsideration.A process by which the low bidder may request reconsideration when the Department determines the good faith effort(GFE)requirements have not been met. 2.2.2. Commercially Useful Function(CUF).A CUF occurs when a DBE has the responsibility for the execution of the work and carrying out such responsibilities by actually performing,managing,and supervising the work. 2.2.3. Disadvantaged Business Enterprise(DBE).A for-profit small business certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26,that is at least 51%owned by one or more socially and economically disadvantaged individuals,or in the case of a publicly owned business,in which is at least 51%of the stock is owned by one or more socially and economically disadvantaged individuals,and whose management and daily business operations are controlled by one or more of the individuals who own it. 2.2.4 DBE Joint Venture.An association of a DBE firm and one or more other firms to carry out a single business enterprise for profit for which purpose they combine their property,capital,efforts,skills,and knowledge,and in which the DBE is responsible for a distinct,clearly defined portion of the work of the Contract and whose 1 -7 Page 260 of 323 000-394L share in the capital contribution,control,management,risks,and profits of the joint venture are commensurate with its ownership interest. 2.2.5. DOT The U S.Department of Transportation,including the Office of the Secretary,the Federal Highway Administration(FHWA),the Federal Transit Administration(FTA),and the Federal Aviation Administration (FAA). 2.2.6. Federal-Aid Contract.Any Contract between the Owner and a Contractor that is paid for in whole or in part with DOT financial assistance. 2.2.7 Good Faith Effort.All necessary and reasonable steps to achieve the contract goal which,by their scope, intensity,and appropriateness to the objective,could reasonably be expected to obtain sufficient DBE participation,even if not fully successful.Good faith efforts are evaluated prior to award and throughout performance of the Contract.For guidance on good faith efforts,see 49 CFR Part 26,Appendix A. 2.2.8. North American Industry Classification System(NAICS).A designation that best describes the primary business of a firm.The NAICS is described in the North American Industry Classification Manual—United States,which is available on the Internet at the U S.Census Bureau website: http://www.census.qov/eos/www/naics/ 2.2.9. Race-Conscious.A measure or program that is focused specifically on assisting only DBEs,including women-owned businesses. 2.2.10 Race-Neutral DBE Participation.Any participation by a DBE through customary competitive procurement procedures. 2.2.11 Texas Unified Certification Program(TUCP)Directory An online directory listing all DBEs currently certified by the TUCP The Directory identifies DBE firms whose participation on a Contract may be counted toward achievement of the assigned DBE Contract goal. 2.3. Contractor's Responsibilities. 2.3.1 DBE Liaison Officer Designate a DBE liaison officer who will administer the Contractor's DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. 2.3.2. Compliance Tracking System(CTS).This Contract is subject to Contract compliance tracking.Contractors and DBEs are required to provide any noted and requested Contract compliance-related data to the Owner This includes,but is not limited to,commitments,payments,substitutions,and good faith efforts.Contractors and DBEs are responsible for responding by any noted response date or due date to any instructions or request for information by the Owner 2.3.3. Apparent Low Bidder The apparent low bidder must submit DBE commitments to satisfy the DBE goal or submit good faith effort Form 2603 and supporting documentation demonstrating why the goal could not be achieved,in whole or part,no later than 5 calendar days after bid opening.The means of transmittal and the risk of timely receipt of the information will be the bidder's responsibility and no extension of the 5-calendar- day timeframe will be allowed for any reason 2.3.4 DBE Contractor A DBE Contractor may receive credit toward the DBE goal for work performed by its own forces and work subcontracted to DBEs. In the event a DBE subcontracts to a non-DBE,that information must be reported monthly 2.3.5. DBE Committal.Only those DBEs certified by the TUCP are eligible to be used for goal attainment.The Directory can be accessed at the following Internet address: https://txdot.txdotcros.com/FrontEnd/VendorSearch Public.asp?TN=txdot&XI D=2340 2-7 Page 261 of 323 000-394L A DBE must be certified on the day the commitment is considered and at time of subcontract execution. It is the Contractor's responsibility to ensure firms identified for participation are approved certified DBE firms. The Bidder is responsible to ensure that all submittals are checked for accuracy Any and all omissions, deletions,and/or errors that may affect the end result of the commitment package are the sole liabilities of the bidder Commitments in excess of the goal are considered race-neutral commitments. 2.3.6. Good Faith Effort Requirements.A Contractor who cannot meet the Contract goal,in whole or in part, must make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26,Appendix A. 2.3.6.1 Administrative Reconsideration.If the Owner determines that the apparent low bidder has failed to satisfy the good faith efforts requirement,the Owner will notify the Bidder of the failure and will give the Bidder an opportunity for administrative reconsideration. The Bidder must request an administrative reconsideration of that determination within 3 days of the date of receipt of the notice.The request must be submitted directly to the Owner If a reconsideration request is timely received,the reconsideration decision will be made by the Owner's DBE liaison officer or,if the DBE liaison officer took part in the original determination that the Bidder failed to satisfy the good faith effort requirements,an Owner employee who holds a senior leadership position and reports directly to the executive officer,and who did not take part in the original determination will act as an administrative hearing officer The Bidder may provide written documentation or argument concerning whether the assigned DBE contract goal was met or whether adequate good faith efforts were made to meet the Contract goal. The DBE liaison or other Owner employee making the reconsideration determination may request a meeting with the Bidder to discuss whether the goal commitments were met or whether adequate good faith efforts were made to obtain the commitments to meet the Contract goal. The meeting must be held within 7 days of the date of the request submitted under this section. If the Bidder is unavailable to meet during the 7-day period,the reconsideration decision will be made on the written information provided by the Bidder The Owner will provide to the Bidder a written decision that explains the basis for finding that the Bidder did not meet the Contract goal or did not make adequate good faith efforts to meet the Contract goal,within 7 days of the date of the notice issued in this section. The reconsideration decision is final and not subject to administrative appeal. 2.3.7 Determination of DBE Participation.The work performed by the DBE must be reasonably construed to be included in the work area and NAICS work code identified by the Contractor in the approved commitment. Participation by a DBE on a Contract will not be counted toward DBE goals until the amount of the participation has been paid to the DBE. Payments made to a DBE that was not on the original commitment may be counted toward the Contract goal if that DBE was certified as a DBE before the execution of the subcontract and has performed a Commercially Useful Function. The total amount paid to the DBE for work performed with its own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its Contract to another firm,the value of the subcontracted work may be counted toward DBE goals only if the subcontractor is itself a DBE. 3-7 Page 262 of 323 000-394L DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the Contractor or its affiliates is not allowed.Project materials or supplies acquired from an affiliate of the Contractor cannot directly or indirectly(second or lower tier subcontractor)be used for DBE goal credit. If a DBE firm is declared ineligible due to DBE decertification after the execution of the DBE's subcontract, the DBE firm may complete the work and the DBE firms participation will be counted toward the Contract goal. If the DBE firm is decertified before the DBE firm has signed a subcontract,the Contractor is obligated to replace the ineligible DBE firm or demonstrate that it has made good faith efforts to do so. The Contractor may count 100%of its expenditure to a DBE manufacturer According to 49 CFR 26.55(e)(1)(i),a DBE manufacturer is a firm that operates or maintains a factory or establishment that produces,on the premises,the materials,supplies,articles,or equipment required under the Contract and of the general character described by the specifications. The Contractor may count only 60%of its expenditure to a DBE regular dealer According to 49 CFR 26.55(e)(2)(i),a DBE regular dealer is a firm that owns,operates,or maintains a store,warehouse, or other establishment in which the materials,supplies,articles,or equipment of the general character described by the specifications and required under the Contract are bought,kept in stock,and regularly sold or leased to the public in the usual course of business.A firm may be a regular dealer in such bulk items as petroleum products,steel,cement,gravel,stone,or asphalt without owning,operating,or maintaining a place of business if the firm both owns and operates distribution equipment for the products.Any supplementing of regular dealers'own distribution equipment must be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis.A long-term lease with a third-party transportation company is not eligible for 60% goal credit. With respect to materials or supplies purchased from a DBE that is neither a manufacturer nor a regular dealer,the Contractor may count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies,or fees or transportation charges for the delivery of materials or supplies required on a job site. A Contractor may count toward its DBE goal a portion of the total value of the Contract amount paid to a DBE joint venture equal to the distinct,clearly defined portion of the work of the Contract performed by the DBE. 2.3.8. Commercially Useful Function. It is the Contractor's obligation to ensure that each DBE used on federal-assisted contracts performs a commercially useful function on the Contract. The Owner will monitor performance during the Contract to ensure each DBE is performing a CUF Under the terms established in 49 CFR 26.55,a DBE performs a CUF when it is responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing,managing,and supervising the work involved. With respect to material and supplies used on the Contract,a DBE must be responsible for negotiating price, determining quality and quantity,ordering the material,installing the material,if applicable,and paying for the material itself. With respect to trucking,the DBE trucking firm must own and operate at least one fully licensed,insured,and operational truck used on the Contract.The DBE may lease trucks from another DBE firm,including an owner-operator who is certified as a DBE.The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.The DBE may also lease trucks from a non-DBE firm,including from an owner-operator The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non- DBE leased trucks equipped with drivers not to exceed the value of transportation services on the Contract provided by DBE-owned trucks or leased trucks with DBE employee drivers.Additional participation by non- DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. 4-7 Page 263 of 323 000-394L A DBE does not perform a CUF when its role is limited to that of an extra participant in a transaction, Contract,or project through which funds are passed in order to obtain the appearance of DBE participation. The Owner will evaluate similar transactions involving non-DBEs in order to determine whether a DBE is an extra participant. If a DBE does not perform or exercise responsibility for at least 30%of the total cost of its Contract with its own work force,or the DBE subcontracts a greater portion of the work than would be expected on the basis of normal industry practice for the type of work involved,the Owner will presume that the DBE is not performing a CUF If the Owner determines that a DBE is not performing a CUF,no work performed by such DBE will count as eligible participation.The denial period of time may occur before or after a determination has been made by the Owner In case of the denial of credit for non-performance,the Contractor will be required to provide a substitute DBE to meet the Contract goal or provide an adequate good faith effort when applicable. 2.3.8.1 Rebuttal of a Finding of No Commercially Useful Function.Consistent with the provisions of 49 CFR 26.55(c)(4)&(5),before the Owner makes a final finding that no CUF has been performed by a DBE,the Owner will notify the DBE and provide the DBE the opportunity to provide rebuttal information. CUF determinations are not subject to administrative appeal. 2.3.9. Joint Check.The use of joint checks between a Contractor and a DBE is allowed with Owner approval.To obtain approval,the Contractor must submit a completed Form 2178, "DBE Joint Check Approval,"to the Owner The Owner will closely monitor the use of joint checks to ensure that such a practice does not erode the independence of the DBE nor inhibit the DBE's ability to perform a CUF When joint checks are utilized,DBE credit toward the Contract goal will be allowed only when the subcontractor is performing a CUF in accordance with 49 CFR 26.55(c)(1). Long-term or open-ended joint checking arrangements may be a basis for further scrutiny and may result in the lack of participation towards the Contract goal requirement if DBE independence cannot be established. Joint checks will not be allowed simply for the convenience of the Contractor If the proper procedures are not followed or the Owner determines that the arrangements result in a lack of independence for the DBE involved,no credit for the DBE's participation as it relates to the material cost will be used toward the Contract goal requirement,and the Contractor will need to make up the difference elsewhere on the project. 2.3.10. DBE Termination and Substitution.No DBE named in the commitment submitted under Section 2.3.5.will be terminated for convenience,in whole or part,without the Owner's approval.This includes,but is not limited to,instances in which a Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate,a non-DBE firm,or with another DBE firm. Unless consent is provided,the Contractor will not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Contractor,prior to submitting its request to terminate,must first give written notice to the DBE of its intent to terminate and the reason for the termination.The Contractor will copy the Owner on the Notice of Intent to terminate. 5-7 Page 264 of 323 000-394L The DBE has 5 calendar days to respond to the Contractor's notice and will advise the Contractor and the Owner of the reasons,if any,why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime Contractor's request for termination. The Owner may provide a shorter response time if required in a particular case as a matter of public necessity The Owner will consider both the Contractor's request and DBE's stated position prior to approving the request.The Owner may provide a written approval only if it agrees,for reasons stated in its concurrence document,that the Contractor has good cause to terminate the DBE. If the Owner does not approve the request,the Contractor must continue to use the committed DBE firm in accordance with the Contract. For guidance on what good cause includes,see 49 CFR 26.53. Good cause does not exist if the Contractor seeks to terminate,reduce,or substitute a DBE it relied upon to obtain the Contract so that the Contractor can self-perform the work for which the.DBE firm was engaged. When a DBE subcontractor is terminated,make good faith efforts to find,as a substitute for the original DBE, another DBE to perform,at least to the extent needed to meet the established Contract goal,the work that the original DBE was to have performed under the Contract. Submit the completed Form 2228,"DBE Termination Substitution Request,"within seven(7)days,which may be extended for an additional 7 days if necessary at the request of the Contractor The Owner will provide a written determination to the Contractor stating whether or not good faith efforts have been demonstrated. 2.3.11 Reports and Records.By the 15th of each month and after work begins,report payments to meet the DBE goal and for DBE race-neutral participation on projects with or without goals.These payment reports will be required until all DBE subcontracting or material supply activity is completed. Negative payment reports are required when no activity has occurred in a monthly period. Notify the Owner if payment to any DBE subcontractor is withheld or reduced Before receiving final payment from the Owner,the Contractor must indicate a final payment on the compliance tracking system.The final payment is a summary of all payments made to the DBEs on the project. All records must be retained for a period of 3 years following completion of the Contract work,and must be available at reasonable times and places for inspection by authorized representatives of the Owner,Texas Department of Transportation or the DOT Provide copies of subcontracts or agreements and other documentation upon request. 2.3.12. Failure to Comply If the Owner determines the Contractor has failed to demonstrate good faith efforts to meet the assigned goal,the Contractor will be given an opportunity for reconsideration by the Owner A Contractor's failure to comply with the requirements of this Special Provision will constitute a material breach of this Contract. In such a case,the Owner reserves the right to terminate the Contract;to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor;or to secure a refund,not as a penalty but as liquidated damages,to the Owner or such other remedy or remedies as the Owner deems appropriate. 2.3.13. Investigations.The Owner may conduct reviews or investigations of participants as necessary All participants,including,but not limited to,DBEs and complainants using DBE Subcontractors to meet the Contract goal,are required to cooperate fully and promptly with compliance reviews,investigations,and other requests for information. 6-7 Page 265 of 323 000.394L 2.3.14 Falsification and Misrepresentation. If the Owner determines that a Contractor or subcontractor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by the Owner to be unallowable,or if the Contractor engages in repeated violations,falsification,or misrepresentation,the Owner may. • refuse to count any fraudulent or misrepresented DBE participation, ■ withhold progress payments to the Contractor commensurate with the violation; • refer the matter to the Office of Inspector General of the US Department of Transportation for investigation;and/or • seek any other available contractual remedy 7-7 Page 266 of 323 002-0011L Special Provision to Item 2 Instructions to Bidders Item 2,"Instructions to Bidders,"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Article 2.3.,"Issuing Proposal Forms,"second paragraph,is supplemented by the following. The Owner will not issue a proposal form if one or more of the following apply • the Bidder or affiliate of the Bidder that was originally determined as the apparent low Bidder on a project,but was deemed nonresponsive for failure to submit a DBE commitment as specified in Article 2.14,"Disadvantaged Business Enterprise (DBE),"is prohibited from rebidding that specific project. Article 2.7.,"Nonresponsive Bid,"is supplemented by the following: The Owner will not accept a nonresponsive bid.A bid that has one or more of the deficiencies listed below is considered nonresponsive: • the Bidder failed to submit a DBE commitment as specified in Article 2.14.,"Disadvantaged Business Enterprise(DBE)." Article 2.14.,"Disadvantaged Business Enterprise(DBE),"is added. The apparent low bidder must submit DBE commitment information on federally funded projects with DBE goals within 5 calendar days(as defined in 49 CFR Part 26,Subpart A)of bid opening. For a submission that meets the 5-day requirement, administrative corrections will be allowed. If the apparent low Bidder fails to submit their DBE information within the specified timeframe,the apparent low bidder will be deemed nonresponsive and the proposal guaranty will become the property of the Owner,not as a penalty,but as liquidated damages.The Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a substantial change in the design of the work.The Owner may recommend: • reject all bids,or • award the Contract to the new apparent low Bidder,if the new apparent low Bidder submits DBE information within one calendar day of notification by the Owner If the new apparent low Bidder is unable to submit the required DBE information within one calendar day • the new apparent low Bidder will not be deemed nonresponsive, • the Bidder's guaranty will not be forfeited, • the Owner will reject all bids,and • the Bidder will remain eligible to receive future proposals for the same project. 1 -1 Page 267 of 323 007-001 L Special Provision to Item 7 Legal Relations and Responsibilities Item 7,"Legal Relations and Responsibilities,"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Section 2.6.5.,"Training",is supplemented by the following: Coordinate enrollment, pay associated fees,and successfully complete approved Training or Contractor Delivered Training. Training is valid for the period prescribed by the provider but no less than 3 yrs.from the date of completion The Owner may require training at a frequency less than the period prescribed or 3 yrs. based on Owner's needs.Training and associated fees will not be measured or paid for directly but are considered subsidiary to pertinent Items. 2.6.5.1 Approved Training.Approved training is listed below. 2.6.5.1 1 Contractor Responsible Person and Alternate. Provider Course Title American Traffic Safety Services Association Traffic Control Supervisor National Highway Institute Maintenance of Traffic Control for Supervisors 2.6.5.1.2. Flagger Instructor Training. Provider Course Title American Traffic Safety Services Association Flagging Instructor Training Course Texas Engineering Extension Services Train-the-Trainer Flaggers National Safety Council Flagger(Instructor) University of Texas at Arlington, Certified Flagger Instructor Division for Enterprise Development Flagger Training. Provider Course Title Texas Engineering Extension Services Flaggers in Work Zones National Safety Council Flagger(Novice) University of Texas at Arlington, Flaggers in Work Zones(TxDOT Training) Continuing Education Department University of Texas at Arlington, WZ Traffic Control/Qualified Flagger Continuing Education Department Associated Builders and Contractors, Flagger Training Austin Chapter LDI Safety Training Flagger Training Tipton Compliance and Safety Flagger Training 1-2 Page 268 of 323 007.001 L 2.6.5.1.3. Law Enforcement Personnel. Provider Course Title National Highway Institute Safe and Effective Use of Law Enforcement Personnel in Work Zones 2.6.5.14. Other Work Zone Personnel. Provider Course Title American Traffic Safety Services Association Traffic Control Technician Training Texas Engineering Extension Services Work Zone Traffic Control National Highway Institute Maintenance of Traffic Control for Technicians National Highway Institute Maintenance Training Series: Basics of Work Zone Traffic Control 2.6.5.2. Contractor Delivered Training.Develop Contractor Delivered Training curriculum and submit the curriculum to the Owner for approval. Do not implement the training curriculum before receiving written approval from the Owner The work performed and materials furnished to develop the curriculum and provide training will not be measured or paid for directly but will be considered subsidiary to pertinent Items. A contractor's certified flagging instructor is permitted to train other flaggers. 2-2 Page 269 of 323 506.001 L Special Provision to Item 506 Temporary Erosion, Sedimentation, and Environmental Controls For this project, item 506, "Temporary Erosion, Sedimentation, and Environmental Controls,"of the standard specifications, is hereby voided and replaced with the following 1 DESCRIPTION Install,maintain,and remove erosion,sedimentation,and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan(SWP3) in the plans and the Texas Pollutant Discharge Elimination System(TPDES)General Permit TXR150000. 2. MATERIALS Furnish materials in accordance with the following: • Item 161,"Compost" • Item 432,"Riprap" • Item 556,"Pipe Underdrains" 2.1 Rock Filter Dams. 2.1 1 Aggregate. Furnish aggregate with hardness,durability,cleanliness,and resistance to crumbling,flaking, and eroding acceptable to the Owner Provide the following: • Types 1,2,and 4 Rock Filter Dams.Use 3 to 6 in.aggregate. • Type 3 Rock Filter Dams.Use 4 to 8 in.aggregate. 2.1.2. Wire. Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams.Type 4 dams require: • a double-twisted,hexagonal weave with a nominal mesh opening of 2-1/2 in. x 3-1/4 in., • minimum 0.0866 in.steel wire for netting; • minimum 01063 in.steel wire for selvages and corners;and • minimum 0.0866 in.for binding or tie wire. 2.1.3. Sandbag Material.Furnish sandbags meeting Section 506.2.8.,"Sandbags,"except that any gradation of aggregate may be used to fill the sandbags. 2.2. Temporary Pipe Slope Drains.Provide corrugated metal pipe,polyvinyl chloride(PVC)pipe,flexible tubing, watertight connection bands,grommet materials,prefabricated fittings,and flared entrance sections that conform to the plans. Recycled and other materials meeting these requirements are allowed if approved. Furnish concrete in accordance with Item 432,"Riprap." 2.3. Temporary Paved Flumes. Furnish asphalt concrete,hydraulic cement concrete,or other comparable non-erodible material that conforms to the plans.Provide rock or rubble with a minimum diameter of 6 in.and a maximum volume of 1/2 cu.ft.for the construction of energy dissipaters. 2.4 Construction Exits.Provide materials that meet the details shown on the plans and this Section. 1 Page 270 of 323 506-001 L 2.41 Rock Construction Exit. Provide crushed aggregate for long-and short-term construction exits.Furnish aggregates that are clean,hard,durable,and free from adherent coatings such as salt,alkali,dirt,clay,loam, shale,soft or flaky materials,and organic and injurious matter Use 4-to 8-in.aggregate for Type 1 Use 2-to 4-in.aggregate for Type 3. 2.4.2. Timber Construction Exit. Furnish No.2 quality or better railroad ties and timbers for long-term construction exits,free of large and loose knots and treated to control rot. Fasten timbers with nuts and bolts or lag bolts, of at least 1/2 in.diameter,unless otherwise shown on the plans or allowed. Provide plywood or pressed wafer board at least 1/2 in.thick for short-term exits. 2.4.3. Foundation Course.Provide a foundation course consisting of flexible base, bituminous concrete,hydraulic cement concrete,or other materials as shown on the plans or directed. 2.5. Embankment for Erosion Control. Provide rock,loam,clay,topsoil,or other-earth materials that will form a stable embankment to meet the intended use. 2.6. Pipe. Provide pipe outlet material in accordance with Item 556,"Pipe Underdrains,"and details shown on the plans. 2.7 Construction Perimeter Fence. 2.71 Posts.Provide essentially straight wood or steel posts that are at least 60 in.long.Furnish soft wood posts with a minimum diameter of 3 in.,or use nominal 2 x 4 in.boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-1/5 in.Furnish T-or L-shaped steel posts with a minimum weight of 0.5 lb per foot. 2.7.2. Fence. Provide orange construction fencing as approved. 2.7.3. Fence Wire.Provide 11 gauge or larger galvanized smooth or twisted wire. Provide 16 gauge or larger tie wire. 2.7 4 Flagging.Provide brightly-colored flagging that is fade-resistant and at least 3/4 in.wide to provide maximum visibility both day and night. 2.7.5. Staples. Provide staples with a crown at least 1/2 in.wide and legs at least 1/2 in.long. 2.7 6. Used Materials. Previously used materials meeting the applicable requirements may be used if approved. 2.8. Sandbags.Provide sandbag material of polypropylene,polyethylene,or polyamide woven fabric with a minimum unit weight of 4 oz.per square yard,a Mullen burst-strength exceeding 300 psi,and an ultraviolet stability exceeding 70%. Use natural coarse sand or manufactured sand meeting the gradation given in Table 1 to fill sandbags.Filled sandbags must be 24 to 30 in.long, 16 to 18 in.wide,and 6 to 8 in.thick. Table 1 Sand Gradation Sieve# Retained(%by Weight) 4 Maximum 3% 100 Minimum 80% 200 Minimum 95% Aggregate may be used instead of sand for situations where sandbags are not adjacent to traffic.The aggregate size shall not exceed 3/8 in. 2.9. Temporary Sediment Control Fence. Provide a net-reinforced fence using woven geo-textile fabric. Logos visible to the traveling public will not be allowed. 2 Page 271 of 323 506-001 L 2.91 Fabric. Provide fabric materials in accordance with DMS-6230,"Temporary Sediment Control Fence Fabric." 2.9.2. Posts. Provide essentially straight wood or steel posts with a minimum length of 48 in.,unless otherwise shown on the plans.Furnish soft wood posts at least 3 in.in diameter,or use nominal 2 x 4 in.boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-1/2 in. Furnish T-or L-shaped steel posts with a minimum weight of 1.3 lb. per foot. 2.9.3. Net Reinforcement.Provide net reinforcement of at least 12-1/2 gauge galvanized welded wire mesh,with a maximum opening size of 2 x 4 in.,at least 24 in.wide,unless otherwise shown on the plans. 2.9.4 Staples. Provide staples with a crown at least 3/4 in.wide and legs 1/2 in. long. 2.9.5. Used Materials. Use recycled material meeting the applicable requirements if approved. 2.10. Biodegradable Erosion Control Logs. 2.10.1 Core Material.Furnish core material that is biodegradable or recyclable. Use compost, mulch,aspen excelsior wood fibers,chipped site vegetation,agricultural rice or wheat straw,coconut fiber, 100% recyclable fibers,or any other acceptable material unless specifically called out on the plans. Permit no more than 5%of the material to escape from the containment mesh.Furnish compost meeting the requirements of Item 161,"Compost." 2.10.2. Containment Mesh. Furnish containment mesh that is 100%biodegradable,photodegradable,or recyclable such as burlap,twine, UV photodegradable plastic,polyester,or any other acceptable material. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system. Furnish recyclable containment mesh for temporary installations. 2.10.3. Size. Furnish biodegradable erosion control logs with diameters shown on the plans or as directed. Stuff containment mesh densely so logs do not deform. 3. CONSTRUCTION 3.1 Contractor Responsibilities. Implement the Owner's Storm Water Pollution Prevention Plan(SWP3)for the project in accordance with the plans and specifications,TPDES General Permit TXR150000,and as directed by the Owner Develop and implement an SWP3 for project-specific material supply plants within and outside of the Owner's right of way in accordance with the specific or general storm water permit requirements. Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site. 3.2. General. 3.2.1 Phasing. Implement control measures in the area to be disturbed before beginning construction,or as directed. Limit the disturbance to the area shown on the plans or as directed. If,in the opinion of the Owner, the Contractor cannot control soil erosion and sedimentation resulting from construction operations,the Owner will limit the disturbed area to that which the Contractor is able to control.Minimize disturbance to vegetation. 3.2.2. Maintenance. Immediately correct ineffective control measures. Implement additional controls as directed. Remove excavated material within the time requirements specified in the applicable storm water permit. 3.2.3. Stabilization.Stabilize disturbed areas where construction activities will be temporarily stopped in accordance with the applicable storm water permit.Establish a uniform vegetative cover The project will not be accepted until a 70%density of existing adjacent undisturbed areas is obtained,unless otherwise shown 3 Page 272 of 323 506.001 L on the plans.When shown on the plans,the Owner may accept the project when adequate controls are in place that will control erosion,sedimentation,and water pollution until sufficient vegetative cover can be established. 3.2.4 Finished Work. Upon acceptance of vegetative cover,remove and dispose of all temporary control measures,temporary embankments,bridges,matting,falsework,piling,debris,or other obstructions placed during construction that are not a part of the finished work,or as directed. 3.2.5. Restricted Activities and Required Precautions. Do not discharge onto the ground or surface waters any pollutants such as chemicals,raw sewage,fuels,lubricants,coolants,hydraulic fluids,bitumens,or any other petroleum product.Operate and maintain equipment on-site to prevent actual or potential water pollution. Manage,control,and dispose of litter on-site such that no adverse impacts to water quality occur Prevent dust from creating a potential or actual unsafe condition,public nuisance,or condition endangering the value, utility,or appearance of any property Wash out concrete trucks only as described in the TPDES General Permit TXR150000. Utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water(i.e.dewatering). Prevent discharges that would contribute to a violation of Edwards Aquifer Rules,water quality standards,the impairment of a listed water body,or other state or federal law 3.3. Installation,Maintenance,and Removal Work.Perform work in accordance with the SWP3,according to manufacturers'guidelines,and in accordance with the TPDES General Permit TXR150000. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until soil disturbing activities are completed and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Owner If a device ceases to function as intended,repair or replace the device or portions thereof as necessary Remove sediment,debris,and litter When approved,sediments may be disposed of within embankments,or in the right of way in areas where the material will not contribute to further siltation.Dispose of removed material in accordance with federal,state,and local regulations. Remove devices upon approval or as directed. Finish-grade and dress the area upon removal.Stabilize disturbed areas in accordance with the permit,and as shown on the plans or directed. Materials removed are considered consumed by the project. Retain ownership of stockpiled material and remove it from the project when new installations or replacements are no longer required. 3.3.1 Rock Filter Dams for Erosion Control. Remove trees,brush,stumps,and other objectionable material that may interfere with the construction of rock filter dams.Place sandbags as a foundation when required or at the Contractor's option. Place the aggregate to the lines, height,and slopes specified,without undue voids for Types 1,2,3,and 5. Place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and secure it to itself on the downstream side with wire ties,or hog rings for Types 2 and 3,or as directed.Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed.Construct filter dams according to the following criteria unless otherwise shown on the plans: 3.3.1 1 Type 1 (Non-reinforced). 3.3.1 1 1 Height.At least 18 in measured vertically from existing ground to top of filter dam. 3.3.1 1.2. Top Width.At least 2 ft. 3.3.1 1.3. Slopes.No steeper than 2:1 3.3.1.2. Type 2(Reinforced). 3.3.1.2.1 Height.At least 18 in.measured vertically from existing ground to top of filter dam. 4 Page 273 of 323 506.001 L 3.3.1.2.2. Top Width.At least 2 ft. 3.3.1.2.3. Slopes.No steeper than 2:1 3.3.1.3. Type 3(Reinforced). 3.3.1.3.1 Height.At least 36 in.measured vertically from existing ground to top of filter dam. 3.3.1.3.2. Top Width.At least 2 ft. 3.3.1.3.3. Slopes.No steeper than 2:1 3.3.14 Type 4(Sack Gabions). Unfold sack gabions and smooth out kinks and bends. Connect the sides by lacing in a single loop-double loop pattern on 4-to 5-in.spacing for vertical filling. Pull the end lacing rod at one end until tight,wrap around the end,and twist 4 times. Fill with stone at the filling end,pull the rod tight,cut the wire with approximately 6 in.remaining,and twist wires 4 times. Place the sack flat in a filling trough,fill with stone,connect sides,and secure ends as described above for horizontal filling. Lift and place without damaging the gabion.Shape sack gabions to existing contours. 3.3.1.5. Type 5.Provide rock filter dams as shown on the plans. 3.3.2. Temporary Pipe Slope Drains. Install pipe with a slope as shown on the plans or as directed.Construct embankment for the drainage system in 8-in.lifts to the required elevations.Hand-tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed.Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft.higher than the top of the inlet pipe at all points.Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft.on center Construct the energy dissipaters or sediment traps as shown on the plans or as directed.Construct the sediment trap using concrete or rubble riprap in accordance with Item 432,"Riprap,"when designated on the plans. 3.3.3. Temporary Paved Flumes.Construct paved flumes as shown on the plans or as directed. Provide excavation and embankment(including compaction of the subgrade)of material to the dimensions shown on the plans unless otherwise indicated. Install a rock or rubble riprap energy dissipater,constructed from the materials specified above,to a minimum depth of 9 in.at the flume outlet to the limits shown on the plans or as directed. 3.3.4 Construction Exits. Prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway,alley,sidewalk,parking area,or other right of way areas other than at the location of construction exits when tracking conditions exist. Construct exits for either long-or short-term use. 3.3.41 Long-Term.Place the exit over a foundation course as required.Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft.for one-way and 20 ft.for two-way traffic for the full width of the exit,or as directed. 3.3.41 1 Type 1 Construct to a depth of at least 8 in.using crushed aggregate as shown on the plans or as directed. 3.3.4 1.2. Type 2.Construct using railroad ties and timbers as shown on the plans or as directed. 3.3.4.2. Short-Term. 3.3.4.2.1 Type 3.Construct using crushed aggregate,plywood,or wafer board.This type of exit may be used for daily operations where long-term exits are not practical. 5 Page 274 of 323 506-001 L 3.3.4.2.2. Type 4 Construct as shown on the plans or as directed. 3.3.5. Earthwork for Erosion Control Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices. 3.3.5.1 Excavation and Embankment for Erosion Control Features. Place earth dikes,swales,or combinations of both along the low crown of daily lift placement,or as directed,to prevent runoff spillover Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown on the plans or as directed. Create a sediment basin,where required,providing 3,600 cu.ft.of storage per acre drained,or equivalent control measures for drainage locations that serve an area with 10 or more disturbed acres at one time,not including offsite areas. 3.3.5.2. Excavation of Sediment and Debris.Remove sediment and debris when accumulation affects the performance of the devices,after a rain,and when directed. 3.3.6. Construction Perimeter Fence.Construct,align,and locate fencing as shown on the plans or as directed. 3.3.6.1 Installation of Posts.Embed posts 18 in.deep or adequately anchor in rock,with a spacing of 8 to 10 ft. 3.3.6.2. Wire Attachment.Attach the top wire to the posts at least 3 ft.from the ground.Attach the lower wire midway between the ground and the top wire. 3.3.6.3. Flag Attachment.Attach flagging to both wire strands midway between each post.Use flagging at least 18 in.long.Tie flagging to the wire using a square knot. 3.3.7 Sandbags for Erosion Control.Construct a berm or dam of sandbags that will intercept sediment-laden storm water runoff from disturbed areas,create a retention pond,detain sediment,and release water in sheet flow Fill each bag with sand so that at least the top 6 in.of the bag is unfilled to allow for proper tying of the open end. Place the sandbags with their tied ends in the same direction.Offset subsequent rows of sandbags 1/2 the length of the preceding row Place a single layer of sandbags downstream as a secondary debris trap. Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. 3.3.8. Temporary Sediment-Control Fence.Provide temporary sediment-control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow Incorporate the fence into erosion-control measures used to control sediment in areas of higher flow Install the fence as shown on the plans,as specified in this Section,or as directed. 3.3.8.1 Installation of Posts.Embed posts at least 18 in.deep,or adequately anchor,if in rock,with a spacing of 6 to 8 ft.and install on a slight angle toward the runoff source. 3.3.8.2. Fabric Anchoring. Dig trenches along the uphill side of the fence to anchor 6 to 8 in.of fabric.Provide a minimum trench cross-section of 6 x 6 in Place the fabric against the side of the trench and align approximately 2 in.of fabric along the bottom in the upstream direction.Backfill the trench,then hand-tamp. 3.3.8.3. Fabric and Net Reinforcement Attachment.Attach the reinforcement to wooden posts with staples,or to steel posts with T-clips,in at least 4 places equally spaced unless otherwise shown on the plans.Sewn vertical pockets may be used to attach reinforcement to end posts.Fasten the fabric to the top strand of reinforcement by hog rings or cord every 15 in.or less. 6 Page 275 of 323 506-001 L 3.3.8.4 Fabric and Net Splices.Locate splices at a fence post with a minimum lap of 6 in.attached in at least 6 places equally spaced unless otherwise shown on the plans. Do not locate splices in concentrated flow areas. Requirements for installation of used temporary sediment-control fence include the following: ■ fabric with minimal or no visible signs of biodegradation(weak fibers), • fabric without excessive patching(more than 1 patch every 15 to 20 ft.), • posts without bends,and • backing without holes. 3.3.9. Biodegradable Erosion Control Logs. Install biodegradable erosion control logs near the downstream perimeter of a disturbed area to intercept sediment from sheet flow Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow Install,align,and locate the biodegradable erosion control logs as specified below,as shown in plans or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events,prevent damage to the logs,and to the satisfaction of the Owner such that flow is not allowed under the logs.Temporarily removing and replacing biodegradable erosion logs as to facilitate daily work is allowed at the Contractor's expense. 3.3.10. Vertical Tracking.Perform vertical tracking on slopes to temporarily stabilize soil.Provide equipment with a track undercarriage capable of producing a linear soil impression measuring a minimum of 12 in long x 2 to 4 in.wide x 1/2 to 2 in.deep. Do not exceed 12 in.between track impressions. Install continuous linear track impressions where the 12 in.length impressions are perpendicular to the slope.-Vertical tracking is required on projects where soil disturbing activities have occurred unless otherwise approved. 4. MEASUREMENT 41 Rock Filter Dams. Installation or removal of rock filter dams will be measured by the foot or by the cubic yard.The measured volume will include sandbags,when used. 41 1 Linear Measurement.When rock filter dams are measured by the foot,measurement will be along the centerline of the top of the dam. 41.2. Volume Measurement.When rock filter dams are measured by the cubic yard,measurement will be based on the volume of rock computed by the method of average end areas. 41.2.1 Installation.Measurement will be made in final position. 41.2.2. Removal. Measurement will be made at the point of removal. 4.2. Temporary Pipe Slope Drains.Temporary pipe slope drains will be measured by the foot. 4.3. Temporary Paved Flumes.Temporary paved flumes will be measured by the square yard of surface area. The measured area will include the energy dissipater at the flume outlet. 4 4 Construction Exits.Construction exits will be measured by the square yard of surface area. 4.5 Earthwork for Erosion and Sediment Control 4.5.1 Equipment and Labor Measurement.Equipment and labor used will be measured by the actual number of hours the equipment is operated and the labor is engaged in the work. 4.5.2. Volume Measurement. 7 Page 276 of 323 506-001 L 4.5.2.1 In Place. 4.5.2.1 1 Excavation.Excavation will be measured by the cubic yard in its original position and the volume computed by the method of average end areas. 4.5.2.1.2. Embankment.Embankment will be measured by the cubic yard in its final position by the method of average end areas.The volume of embankment will be determined between: • the original ground surfaces or the surface upon that the embankment is to be constructed for the feature and • the lines,grades and slopes of the accepted embankment for the feature. 4.5.2.2. In Vehicles. Excavation and embankment quantities will be combined and paid for under"Earthwork (Erosion and Sediment Control, In Vehicle)."Excavation will be measured by the cubic yard in vehicles at the point of removal.Embankment will be measured by the cubic yard in vehicles measured at the point of delivery Shrinkage or swelling factors will not be considered in determining the calculated quantities. 4.6. Construction Perimeter Fence.Construction perimeter fence will be measured by the foot. 4 7 Sandbags for Erosion Control.Sandbags will be measured as each sandbag or by the foot along the top of sandbag berms or dams. 4.8. Temporary Sediment-Control Fence.Installation or removal of temporary sediment-control fence will be measured by the foot. 4.9. Biodegradable Erosion Control Logs. Installation or removal of biodegradable erosion control logs will be measured by the foot along the centerline of the top of the control logs. 410. Vertical Tracking Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 5. PAYMENT The following will not be paid for directly but are subsidiary to pertinent Items: • erosion-control measures for Contractor project-specific locations(PSLs)inside and outside the right of way(such as construction and haul roads,field offices,equipment and supply areas,plants,and material sources), • removal of litter,unless a separate pay item is shown on the plans; • repair to devices and features damaged by Contractor operations; • added measures and maintenance needed due to negligence,carelessness,lack of maintenance,and failure to install permanent controls; • removal and reinstallation of devices and features needed for the convenience of the Contractor; • finish grading and dressing upon removal of the device;and • minor adjustments including but not limited to plumbing posts,reattaching fabric,minor grading to maintain slopes on an erosion embankment feature,or moving small numbers of sandbags. Stabilization of disturbed areas Will be paid for under pertinent Items. Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item. 5.1 Rock Filter Dams.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid as follows: 8 Page 277 of 323 506-001 L 5.1 1 Installation. Installation will be paid for as"Rock Filter Dams(Install)"of the type specified.This price is full compensation for furnishing and operating equipment,finish backfill and grading,lacing,proper disposal, labor,materials,tools,and incidentals. 5.1.2. Removal.Removal will be paid for as"Rock Filter Dams(Remove)"This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. When the Owner directs that the rock filter dam installation or portions thereof be replaced,payment will be made at the unit price bid for"Rock Filter Dams(Remove)"and for"Rock Filter Dams(Install)"of the type specified.This price is full compensation for furnishing and operating equipment,finish backfill and grading, lacing,proper disposal,labor,materials,tools,and incidentals. 5.2. Temporary Pipe Slope Drains.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"Temporary Pipe Slope Drains"of the size specified.This price is full compensation for furnishing materials,removal and disposal,furnishing and operating equipment,labor,tools,and incidentals. Removal of temporary pipe slope drains will not be paid for directly but is subsidiary to the installation Item. When the Owner directs that the pipe slope drain installation or portions thereof be replaced,payment will be made at the unit price bid for"Temporary Pipe Slope Drains"of the size specified,which is full compensation for the removal and reinstallation of the pipe drain. Earthwork required for the pipe slope drain installation,including construction of the sediment trap,will be measured and paid for under"Earthwork for Erosion and Sediment Control." Riprap concrete or stone,when used as an energy dissipater or as a stabilized sediment trap,will be measured and paid for in accordance with Item 432,"Riprap." 5.3. Temporary Paved Flumes.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"Temporary Paved Flume (Install)"or"Temporary Paved Flume(Remove)."This price is full compensation for furnishing and placing materials,removal and disposal,equipment,labor,tools,and incidentals. When the Owner directs that the paved flume installation or portions thereof be replaced,payment will be made at the unit prices bid for"Temporary Paved Flume(Remove)"and"Temporary Paved Flume(Install)." These prices are full compensation for the removal and replacement of the paved flume and for equipment, labor,tools,and incidentals. Earthwork required for the paved flume installation,including construction of a sediment trap,will be measured and paid for under"Earthwork for Erosion and Sediment Control." 5.4 Construction Exits. Contractor-required construction exits from off right of way locations or on-right of way PSLs will not be paid for directly but are subsidiary to pertinent Items. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"for construction exits needed on right of way access to work areas required by the Owner will be paid for at the unit price bid for"Construction Exits(Install)"of the type specified or"Construction Exits (Remove)."This price is full compensation for furnishing and placing materials,excavating,removal and disposal,cleaning vehicles,labor,tools,and incidentals. When the Owner directs that a construction exit or portion thereof be removed and replaced,payment will be made at the unit prices bid for"Construction Exit(Remove)"and"Construction Exit(Install)"of the type specified.These prices are full compensation for the removal and replacement of the construction exit and for equipment,labor,tools,and incidentals. 9 Page 278 of 323 506-001 L Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under"Earthwork for Erosion and Sediment Control." 5.5. Earthwork for Erosion and Sediment Control 5.5.1 Initial Earthwork for Erosion and Sediment Control The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"Excavation(Erosion and Sediment Control,In Place),""Embankment(Erosion and Sediment Control, In Place),""Excavation(Erosion and Sediment Control, In Vehicle),""Embankment(Erosion and Sediment Control,(In Vehicle),"or"Earthwork(Erosion and Sediment Control, In Vehicle)." This price is full compensation for excavation and embankment including hauling,disposal of material not used elsewhere on the project;embankments including furnishing material from approved sources and construction of erosion-control features;and equipment,labor,tools,and incidentals. Sprinkling and rolling required by this Item will not be paid for directly,but will be subsidiary to this Item. 5.5.2. Maintenance Earthwork for Erosion.and Sediment Control for Cleaning and Restoring Control Measures.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid under a Contractor Force Account Item from invoice provided to the Owner This price is full compensation for excavation,embankment,and re-grading including removal of accumulated sediment in various erosion control installations as directed,hauling,and disposal of material not used elsewhere on the project;excavation for construction of erosion-control features;embankments including furnishing material from approved sources and construction of erosion-control features;and equipment,labor,tools,and incidentals. Earthwork needed to remove and obliterate erosion-control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans. Sprinkling and rolling required by this Item will not be paid for directly,but will be subsidiary to this Item. 5.6. Construction Perimeter Fence.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"Construction Perimeter Fence."This price is full compensation for furnishing and placing the fence;digging,fence posts, wire,and flagging;removal and disposal;and materials,equipment,labor,tools,and incidentals. Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation Item.When the Owner directs that the perimeter fence installation or portions thereof be removed and replaced, payment will be made at the unit price bid for"Construction Perimeter Fence,"which is full compensation for the removal and reinstallation of the construction perimeter fence. 5.7 Sandbags for Erosion Control.Sandbags will be paid for at the unit price bid for"Sandbags for Erosion Control"(of the height specified when measurement is by the foot).This price is full compensation for materials,placing sandbags,removal and disposal,equipment, labor,tools,and incidentals Removal of sandbags will not be paid for directly but is subsidiary to the installation Item.When the Owner directs that the sandbag installation or portions thereof be replaced, payment will be made at the unit price bid for"Sandbags for Erosion Control,"which is full compensation for the reinstallation of the sandbags. 5.8. Temporary Sediment-Control Fence.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid as follows: 10 Page 279 of 323 506.001 L 5.8.1 Installation. Installation will be paid for as"Temporary Sediment-Control Fence(Install)."This price is full compensation for furnishing and operating equipment finish backfill and grading,lacing,proper disposal, labor, materials,tools,and incidentals. 5.8.2. Removal. Removal will be paid for as"Temporary Sediment-Control Fence(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. 5.9 Biodegradable Erosion Control Logs.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid as follows: 5.9.1 Installation. Installation will be paid for as"Biodegradable Erosion Control Logs(Install)"of the size specified.This price is full compensation for furnishing and operating equipment finish backfill and grading, staking,proper disposal,labor,materials,tools,and incidentals. 5.9.2. Removal.Removal will be paid for as`Biodegradable Erosion Control Logs(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. 5.10 Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 11 Page 280 of 323 County: Brazona Control: 0912-31-318 Highway. Varies General Notes: General: References to manufacturer's trade name or catalog numbers are for the purpose of identification only Similar materials from other manufacturers are permitted if they are of equal quality, comply with the specifications for this project, and are approved, except for roadway illumination, electrical, and traffic signal items. The lengths of the posts for ground mounted signs and the tower legs for the overhead sign supports are approximate. Verify the lengths before ordering these materials to meet the existing field conditions and to conform to the minimum sign mounting heights shown in the plans. Furnish aluminum Type A signs instead of plywood signs for signs shown on the Summary of Small Signs sheet. Stencil the National Bridge Inventory(NBI)number on each existing bridge shown on these plans. The NBI number is shown above the title block for each bridge layout. Clearly mark or highlight on the shop drawings, the items being furnished for this project. Submit required shop drawings in accordance with the shop drawing distribution list shown in the note for Item 5 for review and distribution. Item 400: Excavation and Backfill for Structures Plugging existing pipe culverts is subsidiary to the various bid items. If Recycled Cement Treatment(Type D)is included in the plans,the following additional requirements apply. 1 Use only approved sand, crushed concrete, or salvaged base free from deleterious matter, as aggregate for cement-stabilized backfill. 2. Provide crushed concrete or salvaged base backfill material in accordance with the Item, "Cement Treatment (Plant-Mixed)(Type D)" (base or crushed concrete), except the recycled Type D material must not contain Reclaimed Asphalt Pavement(RAP) 3 For backfill material below the spring line of pipes,use cement-stabilized sand rather than Recycled Type D backfill material. 4 For the cement-stabilized sand backfill,use a minimum of 7 percent of hydraulic cement based on the dry weight of backfill material. The cement content for the crushed concrete and salvaged base is specified in the Item, "Cement Treatment(Plant-Mixed) (Type D)." 5 Place and compact the stabilized backfill material using a gradation that provides a dense mass without segregating and is impervious to passing of water General Notes Sheet 13A Page 281 of 323 County: Brazoria Control: 0912-31-318 Highway: Vanes Item 416: Drilled Shaft Foundations Include the cost for furnishing and installing anchor bolts mounted in the drilled shafts in the unit bid price for the various diameter drilled shafts. The Department may test using ultrasonic methods the anchor bolts for overhead sign supports, light standards, and traffic signal poles after they are installed. Replace faulty anchor bolts as directed. Do not weld the anchor bolts. Item 420: Concrete Substructures Unless otherwise noted,use Class C concrete with an ordinary surface finish for signal, lighting, or sign structure foundations. Item 421: Hydraulic Cement Concrete Entrained air is required in all slip formed concrete(bndge rail, concrete traffic barrier,pavement, etc.), but is not required for other structural concrete. Adjust the dosage of air entraining agent for low air content as directed or allowed by the Engineer If entrained air is provided where not required, do not exceed the manufacturer's recommended dosage. Item 427: Surface Finishes for Concrete Provide a Surface Area I\finish for structures. Use concrete paint for the surface finish. Item 432: Riprap If stone riprap is shown on the plans, use common stone nprap in accordance with Section 432.2.3.3, placed dry in accordance with Section 432.3.2.3 Do not grout. Crushed concrete may also be used. Item 442: Metal for Structures Use temperature zone 1 for Charpy V-Notch(CVN)testing. Prestressed concrete panels will not be allowed on steel structures. Item 462: Concrete Box Culverts and Drains Item 464: Reinforced Concrete Pipe Concrete collars are subsidiary to the various bid items except for those specified on the plans for stage construction, which are paid for under the Item, "Concrete Substructures" as"Cl C Conc (Collar)." Rubber gaskets are required for concrete pipe joints except for connections of safety end treatments, driveway culverts, and joints between the existing pipes and extensions. General Notes Sheet 13B Page 282 of 323 County: Brazona Control: 0912-31-318 Highway: Vanes Open, install, and backfill each section, or a portion of a section, in the same day at locations requiring pipe culverts under existing roadways. Place the pipe drains across existing roadways half at a time to allow passage of traffic. No trenches may remain open overnight. Known locations of existing stub-outs are shown on the plans,but these stub-outs may be in a different position or condition. Delays, inconveniences, or additional work required will not be a basis for additional compensation. Provide leave-outs or holes in the proposed storm drain structures and pipes for drainage during interim construction. This work is subsidiary to the various bid items. The flowhne elevations of side road structures are based on the proposed ditches. Field-verify these elevations and adjust them as necessary to meet the field conditions. Before placing these structures, prepare and submit for approval,the data(revised elevation, alignment, length, etc.) for the adjusted structures. while installing the storm drain system, install a suitable dewatenng system to facilitate construction of the storm drains. The costs for materials and labor required to install and maintain this system are subsidiary to the Item, "Reinforced Concrete Pipe." General Notes Sheet 13 C Page 283 of 323 CITY OF PEARLAND Project No TR 1602 City of Pearland General Notes The following information is for contractors doing public improvement work within the City of Pearland including contractor guidelines for dealing with dirt removal, dirt dumping, protecting existing structures,pavement removal and water utilities. 1 The contractor shall not dump any dirt or other materials onto a property being outside of the boundary of the permitted project and within the City of Pearland city limits without a valid Development/Grading Permit Issued to the offsite property owner by the City of Pearland Engineering Department. If such dumping is to occur without a valid permit, the Contractor shall be solely responsible for the removal of any discarded dirt or other materials to an approved location at the contractor expense. 2. On site Mechanical Sweepers (Road Broom)is required for the projects hauling dirt to and from the site in excess of 120 cubic yards per day 3 Contractor shall adequately protect existing structures, utilities, trees, shrubs, and pennanent objects which are not scheduled to be removed as a part of this project. Prior to the removal of any trees a Clear and Grub Permit must be obtained from the Urban Forester 281 652.1983 4 Contractor shall maintain access to residential and commercial properties adjacent to the work area at all times. 5 On all pavement to be removed, including concrete driveways and sidewalks,the pavement shall be sawcut to full depth prior to removal. 6. All work within City of Pearland rights-of-way or public easements shall be constructed in accordance with the City of Pearland specifications, accepted standards and approved details. The contractor is responsible for obtaining and understanding all relevant information prior to construction. 7 Contractor shall contact the City of Pearland Chief Engineering Inspector(James Nester) at 281 851.2314 to either schedule or notify him of a previously scheduled pre-construction meeting. The pre-construction meeting shall be held a minimum of 48 hours prior to the start of construction. 8. The contractor is not authorized to operate water/sanitary infrastructure utilities, owned or operated by the City of Pearland. Contractor shall contact the City of Pearland Public Works department to request City of Pearland Public Works authorized personnel to perform all utility operations. Page 284 of 323 CITY OF PEARLAND Project No TR 1602 PROJECT GENERAL CONSTRUCTION NOTES 1.UTILITIES PRESENTED ON THESE DRAWINGS ARE SHOWN BASED ON THE BEST AVAILABLE INFORMATION THE CONTRACTOR SHALL VERIFY THE EXACT LOCATIONS IN THE FIELD PRIOR TO COMMENCING CONSTRUCTION THE CONTRACTOR SHALL NOTIFY TEXAS ONE CALL AT LEAST 48 HOURS BEFORE PROCEEDING WITH ANY EXCAVATION 2.THE CONTRACTOR SHALL BE RESPONSIBLE FOR DAMAGES TO EXISTING WATERLINE AND APPURTENANCES,WASTEWATER,STORM WATER LINES, PAVING, SIDEWALKS AND TRAFFIC CONTROL DEVICES. DAMAGES SHALL BE REPAIRED IN ACCORDANCE WITH THE CITY OF PEARLAND STANDARD AT NO ADDITIONAL COST 3 CONTRACTOR SHALL ADEQUATELY PROTECT EXISTING STRUCTURES, UTILITIES,TREES, SHRUBS,AND PERMANENT OBJECTS WHICH ARE NOT SCHEDULED TO BE REMOVED AS A PART OF THIS PROJECT PRIOR TO THE REMOVAL OF ANY TREES A CLEAR AND GRUB PERMIT MUST BE OBTAINED FROM THE URBAN FORESTER 281.652 1983 4 THE CONTRACTOR SHALL NOT DUMP ANY DIRT OR OTHER MATERIALS ONTO A PROPERTY OUTSIDE OF THE BOUNDARY OF THE PERMITTED PROJECT AND WITHIN THE CITY OF PEARLAND CITY LIMITS WITHOUT A VALID DEVELOPMENT/GRADING PERMIT IF SUCH DUMPING OCCURS WITHOUT A VALID PERMIT,THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THE REMOVAL OF ANY DISCARDED DIRT OR OTHER MATERIALS TO AN APPROVED LOCATION AT THE CONTRACTOR EXPENSE. 5 ON SITE MECHANICAL SWEEPERS (ROAD BROOM) IS REQUIRED FOR THE PROJECTS HAULING DIRT TO AND FROM THE SITE IN EXCESS OF 70 CUBIC YARDS PER DAY 6 IF PAVEMENT TO BE REMOVED, INCLUDING CONCRETE DRIVEWAYS AND SIDEWALKS,THE PAVEMENT SHALL BE SAWCUT TO FULL DEPTH PRIOR TO REMOVAL. 7.ALL WORK WITHIN CITY OF PEARLAND RIGHTS-OF-WAY OR PUBLIC EASEMENTS SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE CITY OF PEARLAND SPECIFICATIONS,ACCEPTED STANDARDS AND APPROVED DETAILS.THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING AND UNDERSTANDING ALL RELEVANT INFORMATION PRIOR TO CONSTRUCTION CONTRACTOR SHALL CONTACT THE CITY OF PEARLAND CHIEF ENGINEERING INSPECTOR AT 281.851.2314 TO EITHER SCHEDULE OR NOTIFY HIM OF A PREVIOUSLY SCHEDULED PRE-CONSTRUCTION MEETING THE PRE-CONSTRUCTION MEETING SHALL BE HELD A MINIMUM OF 48 HOURS PRIOR TO THE START OF CONSTRUCTION Page 285 of 323 CITY OF PEARLAND Project No TR 1602 8.ADEQUATE DRAINAGE SHALL BE MAINTAINED AT ALL TIMES DURING CONSTRUCTION AND ANY DAMAGE TO DITCH OR STRUCTURES DISTURBED DURING CONSTRUCTION SHALL BE RESTORED TO EXISTING CONDITION OR BETTER. 9 CONSTRUCTION SHALL COMPLY WITH LATEST EDITION OF OSHA REGULATIONS AND THE STATE OF TEXAS LAWS CONCERNING EXCAVATION ALL WORKS,SERVICES,AND LABOR SHALL CONFORM TO THE RULES AND REGULATIONS OF THE CITY OF PEARLAND 10.THE CONTRACTOR SHALL NOTIFY THE LOCAL AUTHORITY OR GOVERNING AGENCY OF THE BEGINNING DATE OF CONSTRUCTION AND SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO SEE THAT NO WORK IS DONE WITHOUT THE PROPER INSPECTIONS AND PERMITS BY THE LOCAL AUTHORITY OR GOVERNING AGENCY 11.THE CONTRACTOR SHALL VERIFY THE DIMENSIONS SHOWN ON THE CONSTRUCTION PLANS WITH THOSE MEASURED IN THE FIELD PRIOR TO COMMENCING CONSTRUCTION ANY DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER IMMEDIATELY 12 THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL PERMITS UNLESS NOTIFIED TO OTHERWISE. 13 THE CONTRACTOR SHALL BE RESPONSIBLE FOR SAFEGUARDING AND PROTECTING ALL MATERIALS AND EQUIPMENT STORED ON THE JOB SITE.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE STORAGE OF MATERIALS IN A SAFE AND GOOD WORKMANLIKE MANNER TO PREVENT INJURIES, DURING AND AFTER WORKING HOURS, UNTIL PROJECT COMPLETION 14.AT THE END OF ALL CONSTRUCTION PROJECTS,THE CONTRACTOR SHALL RESTORE THE EXISTING FACILITIES, IE THE PROPERTY, EQUAL TO OR GREATER THAN EXISTING SITE CONDITIONS PRIOR TO CONSTRUCTION ALL AREAS DISTURBED ALONG THE SITE SHALL BY HYDROMULCHED SEEDED IN ACCORDANCE WITH SPECIFICATION UNLESS OTHERWISE NOTED 15 MINIMIZE AND CONTROL SPREADING OF DUST AND FLYING PARTICLES,AS REQUIRED BY GOVERNING REGULATIONS. USE TEMPORARY ENCLOSURES AND OTHER SUITABLE METHODS SUCH AS WATERING TO PREVENT THE SPREAD OF DUST, DIRT,AND DEBRIS. 16.ALL WORKS SHALL BE CONDUCTED WITHIN THE RIGHT-OF-WAY AND/OR EASEMENTS SHOWN UNLESS OTHERWISE APPROVED BY THE OWNER OR ENGINEER. Page 286 of 323 CITY OF PEARLAND Project No TR 1602 17 NO EXCAVATION AREA SHALL BE LEFT OPEN DURING NON-WORKING HOURS.ALL UNATTENDED EXCAVATION OVER 2 FEET IN DEPTH SHALL BE PROTECTED BY BRIGHT ORANGE SAFETY FENCING DURING NORMAL WORKING HOURS AND COVERED SECURELY IF LEFT OPEN AFTER HOURS. 18.THE CONTRACTOR IS NOT AUTHORIZED TO OPERATE WATER/SANITARY INFRASTRUCTURE UTILITIES, OWNED OR OPERATED BY THE CITY OF PEARLAND CONTRACTOR SHALL CONTACT THE CITY OF PEARLAND PUBLIC WORKS DEPARTMENT TO REQUEST CITY OF PEARLAND PUBLIC WORKS AUTHORIZED PERSONNEL TO PERFORM ALL UTILITY OPERATIONS. 19 THE CONTRACTOR SHALL NOT OBTAIN WATER FROM THE CITY OF PEARLAND FIRE HYDRANTS OR OTHER SOURCES FROM THE DISTRIBUTION SYSTEM WITHOUT PRIOR PERMISSION CONTRACTOR MAY OBTAIN WATER FROM THE CITY OF PEARLAND PUBLIC WORKS SERVICE CENTER AT THE LOCATION DESIGNATED BY THE OWNER. 20 CONTRACTOR SHALL MAINTAIN ACCESS TO RESIDENTIAL AND COMMERCIAL PROPERTIES ADJACENT TO THE WORK AREA AT ALL TIMES. 21.THE CONTRACTOR SHALL OBTAIN APPROVAL ON INGRESS/EGRESS ROUTES, HAULING ROUTES, ETC. FROM THE CITY AND BRAZORIA COUNTY 22 THE WORK AREA SHALL BE BARRICADED AND ILLUMINATED DURING DARKNESS AND PERIOD OF INACTIVITY, WHEN IN AN AREA DIRECT PUBLIC ACCESS,AND AS DIRECTED BY THE CITY 23 THE LOADING AND UNLOADING OF ALL PIPE,VALVES, FIRE HYDRANTS, MANHOLES AND OTHER ACCESSORIES SHALL BE IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDED PRACTICES AND SHALL AT ALL TIMES BE PERFORMED WITH CARE TO AVOID ANY DAMAGE TO THE MATERIAL.THE CONTRACTOR SHALL LOCATE AND PROVIDE THE NECESSARY STORAGE AREAS FOR THE MATERIALS AND EQUIPMENT 24 THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SHIPPING AND STORAGE OF ALL MATERIALS. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO EXAMINE SUCH MATERIAL AT THE POINT OF DELIVERY AND TO REJECT ALL DEFECTIVE MATERIAL.ANY DEFECTIVE MATERIAL INCORPORATED INTO THE WORK SHALL BE REMOVED AND REPLACED AT THE CONTRACTOR'S EXPENSE.THERE SHALL BE NO PAYMENT MADE FOR STORED MATERIAL. Page 287 of 323 CITY OF PEARLAND Project No TR 1602 25.SEE THE STORM WATER POLLUTION PREVENTION PLAN FOR ADDITIONAL ENVIRONMENTAL NOTES AND DETAILS. 26 IRON RODS DISTURBED DURING CONSTRUCTION ARE TO BE REPLACED BY A REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE ORIGINAL PROPERTY OWNER AT NO SEPARATE PAY 27 MOWING, MAINTENANCE AND CLEAN-UP IS REQUIRED FOR THE PROJECT LIMITS AND DURATION, REGARDLESS OF THE CONTRACTOR'S SCOPE OF ACTIVITIES WITH THE PROJECT STORM AND DRAINAGE 1.ALL DETENTION AND PERIMETER DRAINAGE SHALL BE COMPLETED PRIOR TO THE CONSTRUCTION OF OTHER IMPROVEMENTS. 2.STORM SEWER SYSTEM (MANHOLES, INLETS,STORM SEWER, BEDDING AND BACKFILL ETC.)SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE CITY OF PEARLAND STANDARD DETAIL AND IN COMPLIANCE WITH THE ENGINEERING DESIGN CRITERIA MANUAL. 3 THE FINAL ELEVATION OF STORM SEWER MANHOLE RIMS SHALL BE AT FINISHED GRADE. PLAN RIM ELEVATIONS ARE APPROXIMATE AND ARE NOT INTENDED TO REPRESENT FINISHED GRADES. 4 EXISTING STORM MANHOLES SHALL BE ADJUSTED TO INCLUDE NEW CITY OF PEARLAND RING AND COVERS. 5.ALL CHANNEL OR SWALE SIDE SLOPES AND/OR OTHER AREAS REQUIRING SEEDING AS DETERMINED BY THE ENGINEER,TO BE HYDROMULCH SEEDED SANITARY SEWER 1.SANITARY SEWERS SHALL BE BUILT ACCORDING TO THE CITY OF PEARLAND DESIGN STANDARDS AS CURRENTLY AMENDED AND THE T C.E.Q. RULES AND DESIGN CRITERIA. Page 288 of 323 CITY OF PEARLAND Project No TR 1602 2.ALL SANITARY MANHOLES MUST BE STANDARD TYPE (PRECAST)AND BACKFILLED WITH CEMENT STABILIZED SAND IN ACCORDANCE WITH CITY OF PEARLAND STANDARD DETAIL SHEET 3 OF 3 BRICK MANHOLES ARE NOT ALLOWED ALL SANITARY MANHOLES SHALL INCLUDE STAINLESS STEEL INFLOW PROTECTORS. 3.ALL SANITARY SEWER PIPES SHALL BE BEDDED AND BACKFILLED PER CITY OF PEARLAND STANDARD DETAILS,AS APPLICABLE. NO SEPARATE PAY THE ENGINEER AND CITY OF PEARLAND SHALL BE NOTIFIED IMMEDIATELY IF WET SANDS ARE ENCOUNTERED BACKFILL UNDER OR WITHIN 1-FOOT OF EXISTING, PROPOSED OR FUTURE PAVEMENT SHALL BE CEMENT STABILIZED SAND UP TO 1' BELOW THE BOTTOM OF THE PAVING SUBGRADE.TEST REPORTS SHALL BE SUBMITTED PRIOR TO PLACEMENT OF PAVEMENT 4 NO CONNECTIONS SHALL BE MADE TO THE EXISTING SANITARY SEWER LINES UNTIL ALL PROPOSED SEWER LINES HAVE BEEN THOROUGHLY CLEANED,TESTED AND APPROVED BY THE ENGINEER.THE ENGINEER AND THE CITY SHALL BE NOTIFIED AT LEAST 48 HOURS PRIOR TO THE CONTRACTOR CONNECTING TO ANY EXISTING SEWER LINES 5 THE CONTRACTOR SHALL CONTACT THE CITY OF PEARLAND CHIEF ENGINEERING INSPECTOR AT 281.851.2314 AT LEAST 24 HOURS PRIOR TO PRESSURE AND DEFLECTION TESTS ON ALL SANITARY LINES. 6.ALL SANITARY SEWERS SHALL BE TESTED PER TCEQ GUIDELINES. 7 DEFLECTION TESTS SHALL BE PERFORMED ON ALL FLEXIBLE AND SEMI-RIGID PIPE, EXCEPT SERVICE LEADS.THE TEST SHALL BE CONDUCTED AFTER THE FINAL BACKFILL HAS BEEN IN PLACE AT LEAST FOR 30 DAYS. NO PIPE SHALL EXCEED A DEFLECTION OF 5%.THE TEST IS TO BE RUN USING A MANDREL HAVING AN OUTSIDE DIAMETER EQUAL TO 95%OF THE AVERAGE INSIDE DIAMETER OF THE PIPE.THE MANDREL SHALL HAVE A MINIMUM OF 9 RUNNERS,WITH THE CONTACT LENGTH OF EACH RUNNER EQUAL TO OR GREATER THAN THE PIPE'S NOMINAL DIAMETER.THE TEST SHALL BE PERFORMED WITHOUT MECHANICAL PULLING DEVICES. 8.ALL SANITARY SEWER MANHOLE RIMS SHALL BE SET 3-INCHES ABOVE FINISHED GRADE WITHIN STREET R.0 W,OR WITHIN EASEMENTS. CLEAN FILL SHALL BE ADDED AND SLOPED AWAY FROM THE RIM FOR SURFACE WATER DRAINAGE. PLAN RIM ELEVATIONS ARE APPROXIMATE AND ARE NOT INTENDED TO REPRESENT FINISHED GRADES. COSTS FOR ALL ADJUSTMENTS, INCLUDING PRECAST CONE SECTIONS,AND PRECAST ADJUSTMENT RINGS,ARE TO BE INCLUDED IN THE UNIT PRICE FOR SANITARY SEWER MANHOLES. BRICKS ARE NOT ALLOWED ALL EXISTING/PROPOSED MANHOLE RIMS WITHIN THE SIDEWALK SHOULD BE FLUSH WITH GRADE. Page 289 of 323 CITY OF PEARLAND Project No TR 1602 9.SEALED MANHOLES ARE REQUIRED FOR MANHOLES CONSTRUCTED IN 100-YEAR FLOOD PLAIN 10.SANITARY SEWER LINES PARALLEL TO WATER LINES SHALL BE INSTALLED WITH AT LEAST 9-FOOT HORIZONTAL AND 2-FOOT VERTICAL CLEARANCE AND IN SEPARATE TRENCHES.THE SEWER SHALL BE LOCATED BELOW THE WATERLINE. 11.SANITARY SEWER LINES CROSSING WATER LINES MUST HAVE A FULL LENGTH JOINT(18' NOMINAL) CENTERED AT THE CROSSING WITH A MINIMUM SEPARATION DISTANCE OF 6 INCHES. 12.ACCESS TO MANHOLES WILL BE BY PORTABLE LADDER,AS STEPS ARE PROHIBITED 13.ALL SANITARY SEWER CROSSING EXISTING ROADS IN PEARLAND SHALL BE CASED PER SANITARY SEWER DETAIL SHEET 2 OF 3 UNLESS EXEMPT BY THE CITY ENGINEER. WATER MAIN 1.WATER MAIN CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE CITY OF PEARLAND EDCM AND STANDARD DETAIL. 2 UNLESS OTHERWISE NOTED,ALL WATER LINES SHALL HAVE A MINIMUM OF 4'OF COVER FOR THE WATERLINE DIAMETER LESS THAN 12 INCH AND 5' FOR 12 INCH AND LARGE PIPES TO FINISHED GRADE. 3.ALL WATER LINES,AFTER INSTALLATION,SHALL BE THOROUGHLY DISINFECTED ACCORDING TO AWWA SPECIFICATION C-651 AND THEN FLUSHED BEFORE BEING PLACED INTO SERVICE. 4 NOTIFY THE CHIEF ENGINEERING INSPECTOR 24 HOURS BEFORE THE SYSTEM IS PRESSURE TESTED AND DISINFECTED THE CITY WILL TAKE ALL SAMPLES FOR BACTERIOLOGICAL TESTING AS REQUIRED BY TCEQ. 5.ALL WATER LINES ARE TO BE HYDROSTATICALLY TESTED BY THE CONTRACTOR AT 125 P.S.I @8 HOURS OR 150 P.S.I @4 HOURS IN ACCORDANCE WITH THE CITY OF PEARLAND DESIGN STANDARDS. Page 290 of 323 CITY OF PEARLAND Project No TR 1602 CONTRACTOR SHALL NOTIFY CHIEF ENGINEERING INSPECTOR AT(281)851-2314 AT LEAST 24 HOURS PRIOR TO THE HYDROSTATIC TESTS. 6.SEE APPROVED PRODUCT LIST(CITY ENGINEERING WEBPAGE) FOR ALLOWABLE WATER LINE PIPE MATERIAL. 7 CONCRETE THRUST BLOCKS SHALL BE PROVIDED AT ALL UNDERGROUND TEES, BENDS AND LATERALS. THEY SHALL BE BUILT AS PER THE DETAILS PROVIDED TO PREVENT PIPE MOVEMENT RESTRAINED JOINTS SHALL BE USED WHERE PREVENTING MOVEMENT OF 16-INCH DIAMETER OR GREATER PIPE IS NECESSARY DUE TO THRUST OR WHERE SPECIFIED ON PLANS. 8.ALL WATER VALVES SHALL OPEN COUNTER-CLOCKWISE.ALL WATER VALVES SHALL BE SUPPLIED AND INSTALLED IN ACCORDANCE WITH LATEST EDITION OF AWWA C-500 AND SHALL BE OF THE RESILIENT SEAT TYPE. 9.ALL BELOW GRADE VALVES SHALL BE GASKETED, HUB-END GATE VALVES WITH A CAST IRON BOX, EXCEPT WHERE FLANGES ARE CALLED OUT ON THE PLANS. 10.ALL WATER LINES SHALL BE BEDDED AND BACKFILLED PER CITY OF PEARLAND STANDARD DETAILS, AS APPLICABLE. BACKFILL UNDER OR WITHIN 1-FOOT OF PROPOSED PAVEMENT SHALL BE CEMENT STABILIZED SAND UP TO 1' BELOW THE BOTTOM OF THE SUBGRADE. TEST REPORTS SHALL BE SUBMITTED PRIOR TO PLACEMENT OF PAVEMENT THE COST OF BEDDING AND BACKFILL IS TO BE INCLUDED IN THE UNIT PRICE OF WATER LINE. 11.CONTRACTOR SHALL PROVIDE FOR A MINIMUM OF 6 INCHES CLEARANCE AT THE STORM SEWER AND WATERLINE CROSSINGS AND THE SANITARY SEWER AND WATERLINE CROSSINGS.THE WATERLINE SHALL BE LOCATED AT A HIGHER LEVEL THAN THE SEWER WHENEVER POSSIBLE. 12.NECESSARY PRECAUTIONS MUST BE TAKEN DURING WATER LINE CONSTRUCTION PRECAUTIONS INCLUDE KEEPING THE PIPE CLEAN AND EFFECTIVELY COVERING OPEN PIPE ENDS TO EXCLUDE INSECTS, ANIMALS OR OTHER SOURCES OF CONTAMINATION FROM UNFINISHED PIPE LINES AT TIMES WHEN CONSTRUCTION IS NOT IN PROGRESS. 13 NO CONNECTIONS SHALL BE MADE TO THE EXISTING WATER LINES UNTIL ALL PROPOSED WATER LINES HAVE BEEN THOROUGHLY CLEANED,TESTED AND APPROVED BY THE ENGINEER AND THE CITY OF Page 291 of 323 CITY OF PEARLAND Project No TR 1602 PEARLAND THE CONTRACTOR SHALL NOTIFY THE ENGINEER AND THE CITY OF PEARLAND AT LEST 48 HOURS PRIOR TO CONNECTING TO ANY EXISTING WATER LINES. 14 THE CENTER OF FIRE HYDRANTS ARE TO BE LOCATED 3'-0" BEHIND THE BACK OF CURB AND AS SHOWN ON PLANS.THE STEAMER NOZZLE SHALL BE A MINIMUM OF 22 (MAXIMUM OF 24) INCHES ABOVE FINISHED GRADE,AND SHALL FACE THE STREET PAVEMENT UNLESS OTHERWISE SHOWN ALL FIRE HYDRANTS SHALL BE PAINTED IN ACCORDANCE WITH THE CITY OF PEARLAND WATERLINE STANDARDS DETAIL SHEET 2 OF 2 15 THE CONTRACTOR SHALL SALVAGE AND RETURN ALL FIRE HYDRANTS REMOVED DURING CONSTRUCTION TO THE CITY OF PEARLAND PUBLIC WORKS DEPARTMENT THIS WORK IS INCIDENTAL TO SITE PREPARATION 16 WATERLINES TO BE ABANDONED IN PLACE SHALL BE PERFORMED IN ACCORDANCE WITH THE CONSTRICTION PLAN THIS WORK SHALL BE INCIDENTAL TO SITE PREPARATION 17.ALL WATERLINE CROSSING EXISTING ROADS IN PEARLAND WILL BE CASED PER WATERLINE STANDARD DETAIL SHEET 2 OF 2 UNLESS GIVEN EXEMPTION BY THE CITY ENGINEER. TRAFFIC CONTROL 1.CONTRACTOR SHALL PROVIDE AND INSTALL TRAFFIC CONTROL DEVICES IN CONFORMANCE WITH PART VI OF TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES(TMUTCD-LATEST EDITION WITH REVISIONS) DURING CONSTRUCTION 2 OFF DUTY POLICE OFFICERS/CERTIFIED FLAGGERS ARE REQUIRED TO DIRECT TRAFFIC WHEN LANES ARE BLOCKED 3 CONTRACTOR SHALL COVER EXCAVATIONS WITH STEEL PLATES ANCHORED PROPERLY DURING NON- WORKING HOURS AND ALLOW NORMAL TRAFFIC FLOW 4.APPROVED COPIES OF"TRAFFIC CONTROL PLANS"SHALL BE AVAILABLE ONSITE FOR INSPECTION AT ALL TIMES. Page 292 of 323 CITY OF PEARLAND Project No TR 1602 5 IF CONTRACTOR CHOOSES TO USE DIFFERENT METHODS OF TRAFFIC CONTROL DURING THE CONSTRUCTION THAN THOSE OUTLINED IN THE CONTRACT DRAWINGS, (S)HE SHALL BE RESPONSIBLE TO PREPARE AND SUBMIT ALTERNATE PLANS TO TRAFFIC SECTION OF THE CITY OF PEARLAND FOR APPROVAL TEN (10)WORKING DAYS PRIOR TO IMPLEMENTATION THOSE PLANS SHALL BE DRAWN TO SCALE AND SIGNED AND SEALED BY AN ENGINEER LICENSED IN THE STATE OF TEXAS. PLANS WILL BECOME A PART OF THE CONTRACT DRAWINGS. 6 THE TRAFFIC CONTROL MEASURES PROVIDED ON THE TRAFFIC CONTROL PLANS REPRESENT MINIMUM REQUIREMENTS.THE CONTRACTOR SHALL MODIFY THE TRAFFIC CONTROL PLANS AS DESCRIBED IN THE NOTES ABOVE AND/OR SHALL PROVIDE ADDITIONAL MEASURES AS REQUIRED BY THE FIELD CONDITIONS OR AS DIRECTED BY THE ENGINEER.ALL WORK ASSOCIATED WITH TRAFFIC CONTROL SHALL BE INCIDENTAL TO ITEM 01555-TRAFFIC CONTROL AND REGULATION/FLAGGERS. 7 THE CONTRACTOR SHALL OBTAIN NECESSARY APPROVALS FROM CITY OF PEARLAND FOR ANY TRAFFIC CONTROL AND OTHER WORK PERFORMED WITHIN THE CITY OF PEARLAND RIGHT-OF-WAY Page 293 of 323 CITY OF PEARLAND Project No TR 1602 Brazoria Drainage District#4 General Notes 1 Any governmental body for purposes of drainage work may use the drainage easement and fee strips provided the DISTRICT is properly notified. 2. Permanent structures, including fences and permanent landscaping, shall not be erected in a drainage easement or fee strips. 3 Maintenance of the detention facilities is the sole responsibility of the owner of the property the DISTRICT will provide maintenance of regional facilities owned and constructed by the DISTRICT, or sub regional facilities constructed by developer(s) for which ownership has been transferred to the DISTRICT with the DISTRICT's approval. The DISTRICT is responsible only for maintenance of facilities owned by the DISTRICT unless the DISTRICT specifically contracts or agrees to maintain other facilities. 4 Contractor shall notify the DISTRICT'S Inspector at least forth-eight (48) hours before beginning work and twenty-four(24)hours before placing any concrete. 5 The DISTRICT'S personnel shall have the right to enter upon the property for inspection at any time during construction or as may be warranted to ensure the detention facility and drainage system are operating properly 6. Appropnate cover for the side slopes, bottom, and maintenance berm shall be established prior to acceptance of construction by the DISTRICT At least 95% germination of the grass must be established prior to acceptance of construction by the district. 7 No building permit shall be issued for any lot within this development until the detention facility has been constructed and approved by the DISTRICT 8. The DISTRICT'S approval of the Final Drainage Plan (and Final Plat if required) does not affect the property rights of third parties. The developer is responsible for obtaining and maintaining any and all easements, fee strips, and/or any other rights-of-way across third parties,properties for purposes of moving excess runoff to the DISTRICT'S drainage facilities as contemplated by the Final Drainage Plan and Final Plat. 9 Drainage Easements shall be used only for the purposes of constructing, operating, maintaining, repairing, replacing, and reconstructing of a drainage facility, and any and all related equipment and facilities together with any and all necessary incidentals and appurtenances thereto in, upon, over, across, and through the Easement Area. The DISTRICT'S successors, assigns, agents, employees, workmen, and representatives shall at all present and future times,have the right and privilege of ingress and egress in, upon, over, across, and through the Easement Area. 10 Access Easements shall be used for ingress and egress to the DISTRICT'S drainage facilities and shall be kept clear of any and all obstructions. 11 An As-Built Certificate and As-Built Survey are required to be submitted to the DISTRICT before a Certificate of Compliance can be issued. Contact the District's inspector for further Page 294 of 323 CITY OF PEARLAND Project No TR 1602 clarification. 12. All drainage plans and plats shall be in conformance with the DISTRICT'S Rules,Regulations & Guidelines. Board approval of a drainage plan or plat does not constitute permission to deviate. Deviation from the DISTRICT'S Rules,Regulations&Guidelines is only authorized and allowed by a separate Request for Variance which was approved by the Board.Any Board approved variance shall be referenced on the plan cover page and on the appropriate sheet where applicable.The use of the term,Guidelines,herein does not affect the mandatory nature of these Rules, Regulations & Guidelines. Page 295 of 323 CITY OF PEARLAND Project No TR 1602 Utility Notes AT&T 1 The locations of AT&T Texas/SWBT Facilities are shown in an approximate way only The contractor shall determine the exact location before commencing work. He agrees to be fully responsible for any and all damages which might be occasioned by this failure to exactly locate and preserve these underground utilities. 2. The contractor shall call 1-800-344-8377 (TEXAS 811) a minimum of 48 hours pnor to construction to have underground lines field located. 3 When excavating within eighteen inches (18") of the indicated location of AT&T Texas/SWBT facilities, all excavations must be accomplished using non-mechanized excavation procedures. When boring, the contractor shall expose the AT&T Texas/SWBT facilities. 4 When AT&T Texas/SWBT facilities are exposed, the contractor will provide support to prevent damage to the conduit ducts or cables. When excavating near telephone poles the contractor shall brace the pole for support. 5 The presence or absence of AT&T Texas/SWBT underground conduit facilities or buned cable facilities shown on these plans does not mean that there are no direct buried cables or other cables in conduit in the area. 6. Please contact the AT&T Texas Damage Prevention Manager Roosevelt Lee Jr at (713)567-4552 or e-mail him at r17259@att.com, if there are questions about bonng or excavating near our AT&T Texas/SWBT facilities. CenterPoint Energy Caution: Underground Gas Facilities 1 The contractor shall contact the utility coordinating committee at 1-800-545-6005 or 811 a minimum of 48 hours pnor to construction to have main and service lines field located. a. When CenterPoint Energy pipeline markings are not visible, call (713) 945- 8036 or(713) 945-8037 (7 00 AM to 4 30 PM for status of line location request before excavation begins. b When excavating within eighteen inches (18") of the indicated location of CenterPoint Energy facilities, all excavation must be accomplished using nonmechanized excavation procedures. c When CenterPoint Energy facilities are exposed, sufficient support must be provided to the facilities to prevent excessive stress on the piping. d. For emergencies regarding gas lines call (713) 659-3552 or(713) 207-4200 2. The contractor is fully responsible for any damages caused by his failure to exactly locate and preserve these underground facilities. Page 296 of 323 CITY OF PEARLAND Project No TR 1602 Warning: Overhead Electrical Lines ' 1 Overhead lines may exist on the property The location of overhead lines has not been shown on these drawings as the lines are clearly visible,but you should locate them prior to beginning any construction. Texas law, Section 752,health& Safety Code forbids activities that occur in close proximity to high voltage lines, specifically. a. Any activity where person or things may come within six(6) feet of live overhead high voltage lines, and b Operating a crane, derrick,power shovel, drilling rig,pile driver,hoisting equipment, or similar apparatus within 10 feet of live overhead high voltage lines. 2. Parties responsible for the work, including contractors are legally responsible for the safety of construction workers under this law This law carries both criminal and vicil liability To arrange for lines to be turned off or removed call CenterPoint Energy at (713) 207-2222. Activities on/or across CenterPoint Energy fee or easement property: 1 No approval to use, cross or occupy CenterPoint Fee or Easement Please contact our Surveying&Right of Way Division at(713) 207-6348 or(713) 207-5769 Page 297 of 323 1993 Specifications SPECIAL SPECIFICATION 4000 Prefabricated Pedestrian Steel Truss Bridge Span 1. Description. This Item governs the design, fabrication, and installation of prefabricated pedestrian steel truss bridge spans including bearing devices, anchor bolts,bridge deck, and pedestrian railings, in accordance with the details shown on the plans and the requirements of these specifications. This Item does not govern for the design or construction of bridge substructure. Substructure, including piers, abutments, and foundations, shall be as shown in the plans. 2. Materials. Unless otherwise shown on the plans,provide materials for the pedestrian truss bridge and bearing devices in accordance with the following Items. Item 420 "Concrete Structures" Item 421 "Portland Cement Concrete" Item 435 "Elastomeric Materials" Item 440 "Reinforcing Steel" Item 441 "Steel Structures" Item 442 "Metal for Structures" Item 447 "Structural Bolting" Item 448 "Structural Field Welding" Item 449 "Anchor Bolts" Item 491 "Timber for Structures" Paint, galvanize, or leave the steel truss surfaces exposed, as shown in the plans. When galvanizing is specified,perform in accordance with Item 445, "Galvanizing." When painting, use Protection System II per Item 446, "Cleaning,Paint, and Painting." Paint gray unless otherwise shown on the plans. Provide a Society for Protective Coatings SSPC SP6 cleaning for exposed weathering steel. 3. Design. The Contractor is responsible for the structural adequacy of the prefabricated pedestrian truss bridge span design. Submit to the Engineer details and design calculations bearing the seal of a licensed professional engineer for review and approval. Include the steel truss span superstructure as shown on the plans,bearing devices, anchor bolts,bridge deck, and bridge railmgs with accessibility handrails when required. Provide at least 28 calendar days notice before the start of fabrication. Design in compliance with the latest AASHTO Guide Specifications for Design of Pedestrian Bridges, and with the latest AASHTO Standard Specifications for Highway Bridges. Additional time will not be granted for rejection or correction of design submissions. Design the truss for pedestrian live load, occasional maintenance vehicles, wind load, and load combinations in accordance with Section 1.2 of the AASHTO Guide Specifications for Design of Pedestrian Bridges. 1-3 4000 02-04 Page 298 of 323 For the maintenance vehicle, use a 10,000-lb AASHTO Standard H Truck(H-5) for clear deck widths from 6 ft. to 10 ft. and a 20,000-lb AASHTO Standard H Truck(H-10) for clear deck widths over 10 ft. Design railing as 42-in. pedestrian railing in accordance with the latest AASHTO requirements for pedestrian railing. Design bridge deck surfaces to meet the requirements of Texas Accessibility Standards (TAS) 4.5, "Ground and Floor Surfaces" When bridge deck grade is equal to or greater than 5%,provide accessible handrails meeting the requirements of the TAS Section 4 8.5 and Section 4.2, "Handrails" 4. Fabrication. Fabricate the trusses,bearing devices and other permanent metal components for the steel truss span in accordance with Item 441, "Steel Structures."Fabricators performing the work must be approved by the Department before producing the steel truss spans for Department projects. A list of approved pedestrian steel truss bridge span fabricators is maintained by the Construction Division. Approval of the fabricator is based on the following: • Obtaining certification by the American Institute of Steel Construction(AISC) Quality Certification Program as a fabrication shop for Major Steel Bridges (CBR), • Obtaining an AISC Sophisticated Coatings Endorsement when painted bridges are specified, • Demonstrating the ability to design and fabricate pedestrian steel truss bridge spans that provide quality workmanship, detailing, structural integrity, and satisfactory aesthetics, and • Having readily available access to the services of a licensed professional engineer, experienced in the design of pedestrian steel truss bridge spans. Prepare and submit detailed shop drawings for the steel truss span,bearing devices, bridge deck, deck joints, bridge railings and accessibility handrails. Submit 6 complete copies of the shop drawings for review and approval. Give the Engineer at least 28 calendar days to review and approve each shop drawing submittal. Include unique drawings that illustrate specific portions of the work to be done. Clearly show all relevant design information such as member sizes and connections. 5. Construction. Unless otherwise shown on the plans, erect the bridge and construct the deck in accordance with the following Items. Item 420, "Concrete Structures" Item 441, "Steel Structures" Item 491, "Timber for Structures" Construct bridge deck surfaces that meet the requirements of TAS 4 5, "Ground and Floor Surfaces" 2-3 4000 02-04 Page 299 of 323 6. Measurement. This Item will be measured by each pedestrian truss bridge span in the completed and accepted final position. 7. Payment. The work performed and materials furnished in accordance with this Item, and measured under"Measurement", will be paid for at the unit price bid for"Pedestrian Truss Bridge Span", of the length specified. This price is full compensation for design, fabrication,transport, erection, deck construction, and final finishing; and for equipment, labor,tools, and incidentals. , 3-3 4000 02-04 Page 300 of 323 421-009 Special Provision to Item 421 _ -= Hydraulic Cement Concrete , ol7Fanapartatlon Item 421,"Hydraulic Cement Concrete"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Article 421.2,"Materials,"the second sentence of the first paragraph is voided and replaced by the following. Provide aggregates from sources listed in the Department's Concrete Rated Source Quality Catalog(CRSQC). Article 421.2.2,Supplementary Cementing Materials(SCM),is voided and replaced with the following. Supplementary Cementing Materials(SCM). • Fly Ash. Furnish fly ash,Modified fly ash(MFA),and Ground Bottom Ash(GBA)conforming to DMS-4610,"Fly Ash" • Slag Cement. Furnish Slag Cement conforming to DMS-4620,"Slag Cement." • Silica Fume.Furnish silica fume conforming to DMS-4630,"Silica Fume." • Metakaolin.Furnish metakaolin conforming to DMS-4635,"Metakaolin." Article 421.3.1.3,"Agitators and Truck and Stationary Mixers,"the first paragraph is voided and replaced by the following. Provide stationary and truck mixers capable of combining the ingredients of the concrete into a thoroughly mixed and uniform mass and capable of discharging the concrete so that the requirements of Tex-472-A are met. Article 421.3.1.3,"Agitators and Truck and Stationary Mixers,"is supplemented with the following. Truck mixers with automated water and chemical admixture measurement and slump and slump flow monitoring equipment meeting the requirement of ASTM C 94 will be allowed. Provide data every 6 mo.substantiating the accuracy of slump,slump flow,temperature,water,and chemical admixture measurements.The slump measured by the automated system must be within 1 in.of the slump measured in accordance with Tex-415-A.The concrete temperature measured by the automated system must be within 1°F of concrete temperature measured in accordance with Tex-422-A.The Engineer will not use the automated measurements for acceptance. 1 -6 04-20 Statewide Page 301 of 323 421-009 Article 4214.2,"Mix Design Proportioning,"Table 8 is voided and replaced by the following. Table 8 Concrete Classes Design Max Coarse Mix Class of Cement Exceptions to Strength,1 w/cm Aggregate Design General Usages Concrete Min F.(psi) Ratio Grades�a^ Types Mix Design Options Options When the cementitious material Curb,gutter curb&gutter,conc. content does not exceed retards,sidewalks,driveways, A 3,000 0.60 1-4,8 520 lb./cu.yd.,any fly ash listed back-up walls,anchors,non- I,II,I/ll,IL, in the MPL may be used at a reinforced drilled shafts IP,IS,IT,V 1,2,4,&7 cement replacement of 20%to 50%. Riprap,traffic signal controller B 2,000 0.60 2-7 foundations,small roadside signs,and anchors Drilled shafts,bridge substructure,bridge railing, C6 3,600 0.45 1-6 III,I/II,IP, 1-8 culverts except top slab of direct IL,IS,IT,V traffic culverts,headwalls,wing walls,inlets,manholes,concrete traffic barrier When the cementitious material Seal concrete I,II,Illl, content does not exceed 520 lb./cu.yd.,any fly ash listed in E 3,000 0.50 2-5 IL,IP,IS,IT, the MPL may be used at a V 1_8 cement replacement of 20%to 50%. I II,Illl,IP, Railroad structures;occasionally for bridge piers,columns, bents,F6 Notes 0,45 2-5 IL,IS,IT,V post-tension members Do not use Type III cement in Precast concrete,post-tension mass placement concrete. members I,II,I/Il,Ill, Up to 20%of blended cement H6 Note0.45 3-6 IP,IL,IS,IT, 1-4 may be replaced with listed V SCMs when Option 4 is used for precast concrete. Options 6,7,&8 allowed for cast-in-place Class H concrete. S6 4,000 0.45 2-5 II,I/II,IP, 1-8 Bridge slabs,top slabs of direct IL,IS,IT,V traffic culverts,approach slabs When the cementitious material Concrete pavement See content does not exceed 520 Item 360, I II,I/II,IL, lb./cu.yd.,any fly ash listed in P "Concrete 0.50 2-3 IP,IS,IT,V 1 $ the MPL may be used at a Pavement cement replacement of 20%to 50%.. CO6 4,600 0.40 6 Bridge deck concrete overlay 1-8 LMC6 4,000 0.40 6-8 Latex-modified concrete overlay I,II,I/II,IP, Use a minimum cementitious Slurry displacement shafts, IL,IS,IT,V material content of 658 lb./cu. underwater drilled shafts SS6 3,600 0.45 4-6 1-8 Yd.of concrete. Limit the alkali loading to 4.0 lbs./cu.yd.or less when using option 7 I,II,I/II,Ill Note K6 Notes 0.40 Notel IP,IL,IS,IT, 1-8 V Mix design options do not apply. Concrete pavement,concrete HES Notes 0.45 Notes I,IL,II,I/II, 700 lb.of cementitious material pavement repair III per cubic yard limit does not apply._ 2-6 04-20 Statewide Page 302 of 323 421-009 Class of Design Max Coarse Cement Mix Exceptions to Concrete Strength,1 w/cm Aggregate Types Design Mix Design Options General Usages Min f°(psi) Ratio Gradesz,3,4 Options Maximum fly ash replacement for Option 3 may be increased to X" I,II,I/II,III 50%. (HPC) Note1° 0.45 Note) IP,IL,IS,IT, 1-4,&8 Up to 20%of a blended cement s,s,9 V may be replaced with listed SCMs for Option 4 Do not use Option 8 for precast concrete. When using fly ash,only use fly ashes allowed for SRC as listed in the Fly Ash MPL. Type III-MS may be used where allowed. Type I and Type III cements may "X„ be use when fly ashes allowed (SRC) Note 0.45 Note, I/II,II,IP,IL, 1--0 &7 for SRC as listed in the Fly Ash es s IS,IT,V MPL are used,and with a maximum w/cm of 0.40. Up to 20%of blended cement may be replaced with listed SCMs when Option 4 is used for precast concrete. Do not use Option 7 for precast concrete11 1 Design strength must be attained within 56 days. 2. Do not use Grade 1 coarse aggregate except in massive foundations with 4 in.minimum clear spacing between reinforcing steel bars, unless otherwise permitted.Do not use Grade 1 aggregate in drilled shafts. 3. Use Grade 8 aggregate in extruded curbs unless otherwise approved. 4 Other grades of coarse aggregate maybe used in non-structural concrete classes when allowed by the Engineer 5. For information only 6. Structural concrete classes. 7 As shown on the plans or specified. 8. "X"denotes class of concrete shown on the plans or specified. 9 (HPC):High Performance Concrete,(SRC):Sulfate Resistant Concrete. 10. Same as class of concrete shown on the plans. 11 Option 7 will be allowed for precast concrete products included in Items 462,464,and 465. Article 421.4.2.2,"Aggregates,"is supplemented by the following. Use the following equation to determine if the aggregate combination meets the sand equivalency requirement when blending fine aggregate or using an intermediate aggregate: (SE,xP)+(SE,xP,)+(SEa x Pia)>80% 100 where: SEi=sand equivalency(%)of fine aggregate 1 SE2=sand equivalency(%)of fine aggregate 2 SEia=sand equivalency(%)of intermediate aggregate passing the 3/8 in.sieve P�=percent by weight of fine aggregate 1 of the fine aggregate blend P2=percent by weight of fine aggregate 2 of the fine aggregate blend Pia=percent by weight of intermediate aggregate passing the 3/8 in.sieve Article 421.4.2.5,"Slump,"the second paragraph is voided and not replaced.Table 9 is voided and replaced with below 3-6 04-20 Statewide Page 303 of 323 421-009 Table 9 Placement Slump Requirements General Usa a Placement Slump g Range,1'2 in. Walls(over 9 in.thick),caps,columns,piers 3 to 7 Bridge slabs,top slabs of direct traffic culverts,approach slabs,concrete overlays,latex- 3 to 6 modified concrete for bridge deck overlays Inlets,manholes,walls(less than 9 in.thick),bridge railing,culverts,concrete traffic barrier, 4 to 6 concrete pavement(formed) Precast concrete 4 to 9 Underwater concrete placements 6 to 8-1/2 See Item 416, Drilled shafts,slurry displaced and underwater drilled shafts "Drilled Shaft Foundations." Curb,gutter,curb and gutter,concrete retards,sidewalk,driveways,seal concrete,anchors, As approved riprap,small roadside sign foundations,concrete pavement repair,concrete repair 1 Maximum slump values may be increase above these values shown using chemical admixtures,provided the admixture treated concrete has the same or lower water-to-cementitious ratio and does not exhibit segregation or excessive bleeding.Request approval to increase slump limits in advance for proper evaluation by the Engineer 2. For fiber reinforced concrete,perform slump before addition of fibers. Article 421.2.6,"Mix Design Options",is voided and replaced with the following. Option 1 Replace cement with at least the minimum dosage listed in the Fly Ash MPL for the fly ash used in the mixture.Do not replace more than 50%of the cement with fly ash. Option 2.Replace 35%to 50%of the cement with slag cement. Option 3.Replace 35%to 50%of the cement with a combination of fly ash,slag cement, MFAmetakaolin,or at least 3%silica fume;however,no more than 35%may be fly ash,and no more than 10%may be silica fume. Option 4.Use Type IP,Type IS,or Type IT cement as allowed in Table 8 for each class of concrete. Up to 10%of a Type IP, Type IS,or Type IT cement may be replaced with fly ash,slag cement,or silica fume.Use no more than 10%silica fume in the final cementitious material mixture if the Type IT cement contains silica fume,and silica fume is used to replace the cement. Option 5.Option 5 is left intentionally blank. Option 6.Use a lithium nitrate admixture at a minimum dosage determined by testing conducted in accordance with Tex-471-A. Before use of the mix,provide an annual certified test report signed and sealed by a licensed professional engineer,from a laboratory on the Department's MPL,certified by the Construction Division as being capable of testing according to Tex-471-A. Option 7 Ensure the total alkali contribution from the cement in the concrete does not exceed 3.5 lb. per cubic yard of concrete when using hydraulic cement not containing SCMs calculated as follows: (lb cementpercu.yd)x(o Na20 equivalentin cement) lb alkali percu.yd._ 100 In the above calculation,use the maximum cement alkali content reported on the cement mill certificate. Option 8.Use Table 10 when deviating from Options 1-3 or when required by the Fly Ash MPL. Perform required testing annually,and submit results to the Engineer Laboratories performing ASTM C1260,ASTM C1567,and ASTM C1293 testing must be listed on the Department's MPL.Before use of the mix,provide a certified test report signed and sealed by a licensed professional engineer demonstrating the proposed mixture conforms to the requirements of Table 10. 4-6 04-20 Statewide Page 304 of 323 421-009 Provide a certified test report signed and sealed by a licensed professional engineer,when HPC is required,and less than 20% of the cement is replaced with SCMs,demonstrating ASTM C1202 test results indicate the permeability of the concrete is less than 1,500 coulombs tested immediately after either of the following curing schedules: • Moisture cure specimens 56 days at 73°F • Moisture cure specimens 7 days at 73°F followed by 21 days at 100°F Table 10 Option 8 Testing and Mix Design Requirements R ASTM C1260 Result Testing Requirements for Mix Design Materials Mix Design Mix Design or Prescriptive Mix Design Options Fine Aggregate Coarse Aggregate Determine the dosage of SCMs needed to limit the 14-day expansion of A >0.10% >0.10% each aggregate1 to 0.10%when tested individually in accordance with ASTM C1567 Use the minimum replacement listed in the Fly Ash MPL,or <_0.10% s 0,10% When Option 8 is listed on the MPL,use a minimum of 40%fly ash with B a maximum CaO2 content of 25%,or Use any ternary combination which replaces 35%to 50%of cement. <_0.10% ASTM C1293 1 yr Use a minimum of 20%of any fly ash;or Expansion<_0,04% Use any ternary combination which replaces 20%to 50%of cement. Determine the dosage of SCMs needed to limit the 14-day expansion of C <—0.10% >0.10% coarse and intermediate1 aggregate to 0.10%when tested individually in accordance with ASTM C1567 Use the minimum replacement listed in the Fly Ash MPL,or >0.10% s 0.10% When Option 8 is listed on the MPL,use a minimum of 40%fly ash with a maximum CaO2 content of 25%,or D Use any ternary combination which replaces 35%to 50%of cement. ASTM C1293 1 r Determine the dosage of SCMs needed to limit the 14-day expansion.of >0.10% y each fine aggregate to 0.10%when individually tested in accordance Expansion<_0.04% with ASTM C1567 1 Intermediate size aggregates will fall under the requirements of mix design coarse aggregate. 2. Average the Ca0 content from the previous ten values as listed on the test certificate. Article 421.4.2.7,"Optimized Aggregate Gradation(OAG)Concrete,"the first sentence of the first paragraph is voided and replaced by the following. The gradations requirements in Table 4 and Table 6 do not apply when OAG concrete is specified or used by the Contractor unless otherwise shown on the plans. The fineness modulus for fine aggregate listed in Table 5,does not apply when OAG Concrete is used, Article 421.4.6.2,Delivering Concrete,"the third paragraph is supplemented by the following. When truck mixers are equipped with automated water or chemical admixture measurement and slump or slump flow monitoring equipment,the addition of water or chemical admixtures during transit is allowed. Reports generated by this equipment must be submitted to the Engineer daily Article 421.4.6.2,"Delivering Concrete,"the fifth paragraph is voided and replaced with the following. Begin the discharge of concrete delivered in truck mixers within the times listed in Table 14 Concrete delivered after these times,and concrete that has not begun to discharge within these times will be rejected Article 421.4.8.3,"Testing of Fresh Concrete,"is voided and replaced with the following Testing Concrete.The Engineer,unless specified in other Items or shown on the plans,will test the fresh and hardened concrete in accordance with the following methods: 5-6 04-20 Statewide Page 305 of 323 421-009 • Slump.Tex-415-A, • Air Content.Tex-414-A or Tex-416-A, • Temperature.Tex-422-A, • Making and Curing Strength Specimens.Tex-447-A, • Compressive Strength.Tex-418-A, • Flexural Strength.Tex-448-A,and • Maturity Tex-426-A. Flexural strength and maturity specimens will not be made unless specified in other items or shown on the plans. Concrete with slump less than minimum required after all addition of water withheld will be rejected, unless otherwise allowed by the Engineer Concrete with slump exceeding maximum allowed may be used at the contractor's option. If used,Engineer will make,test,and evaluate strength specimens as specified in Article 421.5.,"Acceptance of Concrete."Acceptance of concrete not meeting air content or temperature requirements will be determined by Engineer Fresh concrete exhibiting segregation and excessive bleeding will be rejected. Article 421 4.8.3.1 "Job-Control Testing,"is voided and not replaced. 6-6 04-20 Statewide Page 306 of 323 426-003 Special Provision to Item 426 Texas Post-Tensioning of De Pent ansportation Item 426,"Post-Tensioning,"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby Section 2.2.,"Post-Tensioning System."The second bulleted item is voided and replaced with the following: Provide pre-packaged grouts in accordance with DMS-4670,"Grouts for Post-Tensioning."Do not use grouts that exceed the manufacturers'recommended shelf life or six months after date of manufacture,whichever is less. Section 4.2,"Required Submittals."The section is voided and replaced with the following. 4.2 Required Submittals.Submit information required in this Section for post-tensioned elements,in addition to forming and falsework plans required by Item 420,"Concrete Substructures,"and Item 424,"Precast Concrete Structural Members(Fabrication)."Include all necessary construction information in these submittals for cast-in-place and precast construction including,but not limited to the information required in this Section. 4.2.1 Design Calculations. Provide design procedures,coefficients,allowable stresses,tendon spacing, and clearances in accordance with the AASHTO LRFD Bridge Design Specifications and PTI/ASBI M50 unless otherwise shown on the plans.Submit enough calculations to support the proposed system and method of post-tensioning including friction loss diagrams.When the required jacking force for a particular type of tendon,duct,and configuration is furnished on the plans,design calculations are not required except to adjust for conditions different from those shown on the plans. 4.2.2 Post-Tensioning Details.Provide drawings with details that meet the requirements of PTI/ASBI M50 and this specification. 4.2.3 Grouting Plan.Submit for approval written grouting procedures at least four weeks before the start of the element's construction.Include items required by PTI M55. Include the names of people responsible for PT installation and grouting operations,with the foreman of each grouting crew certified as a PTI Level 2 Bonded PT Field Specialist and ASBI Certified Grouting Technician. 4.2.4 Stressing Safety Plan.Provide a plan to protect the public,workers,and Department personnel on and around the vicinity where post-tensioning operations are occurring. Submit for approval a detailed safety plan which identifies potential risk associated with post-tensioning operations,including but not limited to: • Tendon alignment, • Temporary shoring, • Ram operations,and • Strand anchorage. 1 -3 01/20 Statewide Page 307 of 323 426-003 Section 4.3.,"Design Calculations."The section is voided and replaced with the following. 4.3 Packaging,Storing,and Handling of Post-Tensioning Components. Package,store,and handle post- tensioning steel,grout,duct,and other accessories in accordance with PTI/ASBI M50 and PTI M55 unless otherwise indicated.Acceptance and rejection criteria for strand will follow PTI/ASBI M50 and PTI M55. The following exceptions apply. • Grout storage onsite will be limited to 30 days unless approval by the Engineer is given in advance of material delivery • Install grout caps and ensure vents are closed at all times so that water and other contaminants cannot enter the duct before strand installation. ■ Do not flush ducts at any time. Section 4.4,"Packaging,Storing,and Handling of Post-Tensioning Components."The section is voided and replaced with the following. 4.4 Duct and Prestressing Steel Installation for Post-Tensioning.Follow PTI/ASBI M50 for duct and prestressing steel installation procedures and requirements unless otherwise specified.Verify that concrete strength requirements on the plans are met for stressing and staged loading of post-tensioned structural elements. Stress the tendons within seven days of installing the strand in the ducts unless otherwise approved in advance.Follow the tensioning procedure noted in the approved post-tensioning details. Section 4.5,"Duct and Prestressing Steel Installation for Post-Tensioning."The section is voided and replaced with the following. 4.5 Grouting.Grout in accordance with PTI M55. Grout within 14 days of tendon stressing unless otherwise specified or approved. Obtain approval to extend the grouting time before stressing tendons. Do not allow the grout temperature to exceed 85°F during mixing and pumping.Do not grout when the ambient temperature is below 35°F Field-test the grout in accordance with Table 1 during grout installation. Perform field-testing by trained personnel at the Contractor's expense while witnessed by the Engineer Pump at the lowest pressure possible that will maintain a continuous flow of grout. 2-3 01/20 Statewide Page 308 of 323 426-003 Table 1 Requirements for Field-Testing of Grout Test Frequency Requirement Schupak Pressure Bleed Test(ASTM C1741) 1 per day per DMS-4670 Fluidity test(Tex-437-A,Method 2) 2 every 2 hr per DMS-4670 2 min.per day Compressive Strength test(3"x 6"cylinders) 1 per day per DMS-4670 Mud Balance test(Tex-130-E,Part 11)1 2 per day per PTI M55 1 Take one sample from the mixer and one sample from the farthest duct outlet. 2. Verify wet density is within the range established by the department. Section 4.6.,"Grouting."The section is voided and not replaced. 3-3 01/20 Statewide Page 309 of 323 427-003 Special Provision to Item 427 =- ® Surface Finishes for Concrete " nt of Transportation Item 427,"Surface Finishes for Concrete"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Article 427.2.1 "Coatings,"is supplemented with the following: Epoxy Waterproofing.Provide Type X Epoxy per DMS-6100"Epoxies and Adhesives." Match color of coating with Federal Standard 595C color 35630,concrete gray,unless otherwise shown on the plans. Article 427.4.2.2"Application,"is supplemented with the following: Epoxy Waterproofing.Mix epoxy per manufacturer's instructions. Apply the coating on a dry surface at a maximum application rate of 100 sq.ft per gallon. Apply a thin uniform film of mixed epoxy to the substrate by the use of a short nap roller or brush. The epoxy may be sprayed following the thinning requirements of the manufacturer No more than 15%reduction is permitted. Match the color of the applied coating with the color standard shown on the plans. Apply when ambient temperature is between 50°F and 100°F Article 427.6"Payment,"the second paragraph is voided and replaced in its entirety with: When a surface finish for concrete is specified as a pay item,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"Adhesive Grout Finish,""Concrete Paint Finish,""Opaque Sealer Finish,""Silicone Resin Paint Finish,""Epoxy Waterproof Finish,"or"Blast Finish."This price is full compensation for materials;cleaning and preparing surfaces;application of materials;and equipment,labor,tools,and incidentals. 1 -1 12-19 Statewide Page 310 of 323 440-004 Special Provision to Item 440 r Texas Reinforcement for Concrete Department ofTrensportatton Item 440,"Standard Specification Title"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Article 440.2.,"Materials"is supplemented with the following: 2.14 Provide zinc-coated,hot-dip galvanized Class I or II steel reinforcement conforming to ASTM A767, Grades 60 or 75 when shown on the plans and as allowed. 2.15 Provide continuously hot-dip galvanized reinforcement(CGR)conforming to ASTM A1094 steel reinforcement,Grades 60 or 75 when shown on the plans and as allowed. Article 440.2.5.,"Weldable Reinforcing Steel"is supplemented with the following: All welding operations must be performed prior to hot-dip galvanizing. Article 440.2.8.,"Mechanical Couplers"is supplemented with the following: Provide hot-dipped or mechanically galvanized couplers when splicing galvanized reinforcing or continuously galvanized reinforcing. Article 440.2.11.,"Low-Carbon,Chromium Reinforcing Steel."The first sentence is voided and replaced by the following: Provide deformed steel bars conforming to ASTM A1035, Grade 100,Type CS when low-carbon,chromium reinforcing steel is required on the plans.Type CM will only be permitted if specified on the plans. Article 440.3.1.,"Bending"is supplemented with the following: Do not bend hot-dip galvanized reinforcement. Only minor positioning adjustments are permitted. Bending of continuously galvanized reinforcement is permitted after galvanizing. Article 440.3.5,"Placing"the following will be added to paragraph four Use Class 1 or 1A supports with continuously galvanized reinforcing.Provide epoxy or plastic-coated tie wires and clips for use with epoxy coated reinforcing steel. Article 440.3.6.3.,"Repairing Coating"is supplemented with the following: Repair damaged galvanized surfaces in accordance with Article 445.3.5.2."Repair Processes." 1 -1 11-20 Statewide Page 311 of 323 441-003 Special Provision to Item 441 ==== ® Steel Structures Deparexrrnent of Transportation Item 441,"Steel Structures"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Section 441.2.3.,"High-Strength Bolts,"is revised and replaced by the following: High-Strength Bolts. Use fasteners that meet Item 447,"Structural Bolting."Use galvanized fasteners on field connections of bridge members when ASTM F3125-Grade A325 bolts are specified and steel is painted. Section 441.3.1.5.1.,"Plants,"The second and third paragraphs are voided and replaced with the following: Fabrication plants that produce the following non-bridge steel members must be approved in accordance with DMS-7380,"Steel Non-Bridge Member Fabrication Plant Qualification." • Item 610,"Roadway Illumination Poles" • Item 613,"High Mast Illumination Poles" • Item 614,"High Mast Rings and Support Assemblies" • Item 650, "Overhead Sign Support Structures" • Item 654, "Sign Walkways" • Item 686,"Traffic Signal Poles" • Special Specification 6064,"Intelligent Transportation System(ITS)Poles." The Materials and Tests Division maintains a list of approved non-bridge fabrication plants on the Department MPL that produce these members. Section 441.3.1.6.1.,"Erection Drawings,"the third paragraph is voided and replaced with the following: Perform erection engineering evaluation of the structural adequacy and stability of constructing the bridge system for each step of the steel erection. Section 441.3.1.5.3.,"Nondestructive Testing(NDT),"is voided and replaced with the following: Nondestructive Testing(NDT).Personnel performing NDT must be qualified in accordance with the applicable AWS code and the employer's Written Practice.Level III personnel who qualifies Level I and Level II technicians must be certified by ASNT for which the NDT Level III is qualified. In addition, NDT technicians must pass hands-on tests the Material and Tests Division administers.This will remain current provided they continue to perform testing on Department materials as evidenced by test reports requiring their signature.A technician who fails any of the hands-on tests must wait 3 mo.or as approved by the Engineer before retesting.Qualification to perform NDT will be revoked when the technician's employment is terminated or when the technician does not perform a test on a Department project for 6 mo. The technician must pass a new hands-on test to be re-certified.Testing of similar weld joints for non-Department projects may be considered by the Engineer instead of re-testing provided enough documentation is submitted with the signature of the project's Engineer These requirements also apply to testing agencies,and individual third-party contractors. Section 441.3.1.5.4.,"Welding Procedure Specification Qualification Testing,"is voided and replaced by the following: For Fabricators qualified in accordance with DMS-7370,DMS-7380,or DMS-7395,laboratories performing procedure qualification testing for welding procedure specifications(WPSs)must be accredited by a nationally recognized agency that performs testing in accordance with ISO/International Electrotechnical Commission(IEC)17025 in the mechanical field of testing. 1 -2 05-21 Statewide Page 312 of 323 441-003 Section 441.3.1.9.,"Material Identification,"is amended to include the following paragraph. Low-stress stencil marks must have a radius instead of a sharp point.Acceptable stencils include dot, vibration,and rounded-V stencils. Label these stencils so that they are easily distinguishable from other stencils that are not low- stress. Section 441.3.2.4.1.,"Flange Tilt,"the last sentence is voided and replaced with the following: Minor jacking that does not deform the material will be permitted. Section 441.3.2.5.3.,"Magnetic Particle Testing,"is voided and replaced with the following: Magnetic Particle Testing. Use alternating current(AC)when using the yoke method unless otherwise approved.Welds may be further evaluated with half-wave rectified DC for subsurface indications.Centerline cracking may be detected with aluminum prod method when approved by the Engineer Section 441.3.5.8.,"Hammering,"is added to state the following: Do not perform hammering on any portion of the member that causes the material to permanently deform.Avoid damage to the material by measures such as use of brass or aluminum hammers or by padding the area to be hammered. Section 441.3.8.1.,"Shop Painting,"is amended to include with the following paragraph: Measure the anchor profile after blast cleaning at random locations along the thermal cut surfaces. If specified anchor profile is not achieved over the entire flame cut surface,grind the edges and reblast to achieve the required anchor pattern. Section 441.3.9.,"Handling and Storage of Materials,"The second sentence of the second paragraph is replaced by the following: Keep materials clean and avoid damaging of the applied coating. 2-2 05-21 Statewide Page 313 of 323 442-001 Special Provision to Item 442 ___ ® Texas Metal for Structures parkin Department of nansportatlon Item 442,"Metal for Structures"of the Standard Specifications is amended with respect to the clause cited below No other clauses or requirements of this Item are waived or changed. Section 442.2.1.3.3.,"Fasteners." The first sentence of the first paragraph is replaced by the following Fasteners. Provide high-strength bolts that meet ASTM F3125-Grade A325 unless otherwise shown on the plans. Section 442.2.1.3.3.,"Fasteners." The third paragraph is deleted and not replaced. 1 -1 05-19 Statewide Page 314 of 323 446.005 Special Provision to Item 446 _mm � Field Cleaning and Painting Steel Apr Texas ent of Transportation For this project, Item 446,"Field Cleaning and Painting Steel,"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby Section 446.4.1., "Qualification,"the first and second paragraphs are voided and replaced by the following: Submit to the Engineer documentation verifying SSPC QP 1 or NACE NIICAP AS-1 certification for work requiring the removal or application of coatings.Additionally,submit to the Engineer documentation verifying SSPC QP 2 Cat A or NACE NIICAP AS-2 certification when work requires removal of coatings containing hazardous materials. Maintain certifications throughout the project. No work may be performed without current and active certifications unless otherwise shown on the plans.The Engineer may waive certification requirements for minor,touch-up repair work and coating steel members repaired in accordance with Item 784,"Steel Member Repair" The Engineer may waive certification requirements,when stated on the plans,for the purpose of qualification in either contractor certification program if the project has been accepted as a qualification project as part of the process for obtaining SSPC QP1 Cat A or NACE NIICAP AS-1 certification.Submit certification applications and proof of acceptance before beginning work or provide SSPC QP 7 certification when required on the plans. Section 446.4 7.3.2.,"Classes of Cleaning,"is amended with the following. Prepare all surfaces of painted steel members subsequently exposed from structural operations,such as deck removal or steel repair,in accordance with this Item. Prevent loose or damaged paint from entering the environment. 1 04/19 Statewide Page 315 of 323 464-001 Special Provision to Item 464 ______ '° Reinforced Concrete Pipe ports ol7Yaexas nation Item 464,"Reinforced Concrete Pipe,"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby Section 2.1.,"Fabrication."The section is voided and replaced with the following. Fabrication plants must be approved by the Materials and Tests Division in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures,"before furnishing precast reinforced concrete pipe for Departmental projects.The Department's MPL has a list of approved reinforced concrete pipe plants. Furnish material and fabricate reinforced concrete pipe in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Section 2.3.,"Marking."The first paragraph is voided and replaced with the following. Furnish each section of reinforced concrete pipe marked with the following information specified in DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." • Class or D-Load of pipe, • ASTM designation, • Date of manufacture, • Pipe size, • Name or trademark of fabricator and plant location, • Designation"TX"for precast units fabricated per DMS-7305, • Designated fabricator's approval stamp for each approved unit, • Pipe to be used for jacking and boring(when applicable),and • Designation"SR"for pipe meeting sulfate-resistant concrete plan requirements(when applicable). Section 2.5.,"Causes for Rejection."The section is voided and replaced with the following Individual sections of pipe may be rejected for any of the conditions stated in the Annex of DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Section 2.6.,"Repairs."The section is voided and replaced with the following: Make repairs,if necessary,as stated in the Annex of DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." 1 08-19 Statewide Page 316 of 323 465-001 Special Provision to Item 465 - texas Junction Boxes, Manholes, and Inlets rirnent of Transportation Item 465,"Junction Boxes,Manholes,and Inlets,"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby Section 2.1.,"Concrete,"The section is voided and replaced with the following. Furnish concrete per DMS-7305 for formed and machine-made precast junction boxes,manholes,and inlets. Furnish Class C concrete for cast-in-place junction boxes,manholes,and inlets unless otherwise shown on the plans. Section 3.1., "Precast Junction Boxes,Manholes,and Inlets,"The section is voided and replaced with the following. Construct formed and machine-made precast junction boxes,manholes,and inlets in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures"and the Contract Plans,except as otherwise noted in this Item. Multi-project fabrication plants as defined in Item 424"Precast Concrete Structural Members(Fabrication),"that produce junction boxes,manholes,and inlets will be approved by the Materials and Tests Division in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures."The Department's MPL has a list of approved multi-project fabrication plants. Section 3.1 1.,"Lifting Holes,"The section is voided and not replaced. Section 3.1.2.,"Marking."The section is voided and replaced with the following. Marking.Clearly mark each precast junction box,manhole,and inlet unit with the following information. • name or trademark of fabricator and plant location, • product designation; • ASTM designation(if applicable), • date of manufacture; • designation"TX"for precast units fabricated per DMS-7305, • designated fabricator's approval stamp for each approved unit;and • designation"SR"for product meeting sulfate-resistant concrete plan requirements(when applicable). 1 02-19 Statewide Page 317 of 323 CITY OF PEARLAND SUMMARY OF WORK Section 01100 SUMMARY OF WORK 1.1 GENERAL 1.2 SECTION INCLUDES A. A summary of the Work to be performed under this Contract, work by Owner, Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy 1.3 WORK COVERED BY CONTRACT DOCUMENTS • The project is for the construction of 5- to 6-FT sidewalks with slotted curb along Mclean Rd from Village Creek Dr to Springfield Ave, Veterans Dr at Cowart Crek, Veterans at Springfield Ave, Veterans at Stonebndge Dr, Old Alvin Rd at McHard Rd, Pearland Pkwy from McHard Rd to Hidden Glen Ln, Knapp Rd from Glenda Street to Old Alvin Rd, Old Alvin Rd from Knapp Rd to just south of Knapp Rd, Glastonbury Dr from Robinson Dr to approximately 350'west,Old Oaks Blvd,Fite Rd from east of Harkey Rd to Centennial Village Dr,Harkey Rd from Fite Rd to Josephine Dr, and Josephine Dr from Harkey Rd to Wagon Trial Rd. The work includes regarding swales with safety end treatments, nprap ditches, driveway reconstruction, installation of 20-LF of 7'x7' storm sewer boxes,pavement markings and pedestrian bridge at Old Alvin Rd. • The project involves approximately the installation/construction of the following: • 59,700 square foot of 5- to 6-FT wide sidewalks (5-inch thick) with ADA compliant ramps. • 1,590 square foot of 5-to 6-FT wide sidewalks (8-inch thick) • 2,350 linear foot of 6-inch slotted curbs. • Removal of replacement of existing driveways (457 square yard of high early strength concrete). • Grading Including Select Fill to Bring Sidewalk to Proposed Surface Elevation. • 160 cubic yards of 4-inch thick concrete nprap cliches. • 2,050 linear foot of 8-to 24-inch high retaining walls. • Safety end treatments • Reinforced concrete culverts • 40-LF of 7'x7' storm sewer boxes • 8-Ft high wing wall. • SWPPP • Small signs • Pavement markings • Pedestrian Bridge. 08/2016 01100- 1 of3 Page 318 of 323 CITY OF PEARLAND SUMMARY OF WORK • Not all public utility service lines are shown on the drawings. Contractor shall anticipate that such service lines exist and repair them if damaged during construction. No separate pay will be made for repairs. The cost shall be incidental to the work. 1.4 WORK BY OWNER A N/A 1.5 OWNER FURNISHED PRODUCTS A N/A 1.6 WORK SEQUENCE A Lane closures shall be during off-peak hours only(Monday through Fnday from 9 a.m. to 4 p.m.) Flaggers in radio contact are required to direct traffic during lane closures. Coordinate with Construction Manager prior to any closure. B No paving excavation areas shall be left open during non-working hours. All excavations must be covered with properly anchored steel plates surrounded by temporary asphalt pavement and lanes/driveways open to traffic. C All lanes to be open for traffic after end of day's work. D Flaggers definition. Flaggers must meet the minimum qualifications for flaggers as described in the Texas Manual on Uniform Traffic Control Devices (TMUTCD), Section 6E.01 E Use and coordinate the need for uniformed peace officers as directed, with City of Pearland. • Use Uniformed Peace Officers and Certified Flagmen to control movement of vehicular and pedestrian traffic when construction operations encroach on public traffic lanes.Unless otherwise approved by Project Manager,use Uniformed Peace Officer for work along major thoroughfares, schools, churches,hospitals and Work at signalized intersections. • Uniformed Peace Officer Individual employed full-time as a peace officer who receives separate compensation as a privately employed flagman. Private employment may be an employee-employer relationship or on an individual basis. Flagman may not be in the employ of another peace officer nor be a reserve peace officer • Uniformed Peace Officers may be: sheriffs and their deputies, constables and deputy constables, marshals or police officers of an incorporated city, town or village. • The Uniformed Peace Officer must be a full-time peace officer,must work a minimum average of 32 paid hours per week, and must be paid a rate not less than the prevailing minimum hourly wage rate set by the federal Wage and Hour Act. The individual must be entitled to vacation, holidays, and insurance and retirement benefits. 08/2016 01100-2 of 3 Page 319 of 323 CITY OF PEARLAND SUMMARY OF WORK F Contractor to submit project schedule to Engineer&Owner for approval as specified in Section 01350—Submittals. G Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01310 - Coordination and Meetings. H Driveway closure shall be coordinated with Construction Manager and approved by City 1.7 FUTURE WORK A N/A 1.8 CONTRACTOR'S USE OF PREMISES A Comply with procedures for access to the site and Contractor's use of rights-of-way as specified in Section 01140 - Contractor's Use of Premises. B Contractor shall be responsible for all utilities required for construction. 1.9 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer B Schedule Work to accommodate this requirement. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION-NotUsed END OF SECTION 08/2016 01100-3 of 3 Page 320 of 323 PEARLAND SAFE ROUTES TO SCHOOL MEASUREMENT AND PAYMENT PROCEDURE SECTION 01200S MEASUREMENT AND PAYMENT PROCEDURE The following supplement modifies Section 01200- Measurement and Payment Procedure Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. Insert the following paragraph 1 08 MEASUREMENT AND PAYMENT FOR PROJECT SPECIFIC ITEMS A. Pay Item No 10 - Relocate Mailbox. Payment is measured per each basis. Payment includes all labor, materials, appurtenances, and equipment required to implement the work. B Pay Item No 19 - Concrete Truck Washout Structures Payment is on lump sum basis, for the duration of the project. Payment shall include and be full compensation for all labor, equipment, materials, supervision and for all incidental expenses for the installation, relocation, and removal of concrete washout structures, complete in place C Pay Item No 21 - Remove and Reconstruct Exist Brick Mailboxes. Payment is measured per each basis Payment includes all labor, materials, appurtenances, and equipment required to implement the work. D Pay Item No 38 - Grading Including Necessary Fill to Bring Sidewalk to Proposed Surface Elevation Payment is measured per linear foot basis Payment includes all labor, backfill materials, excavation, filling, grading, disposal, appurtenances, and equipment required to regrade the exist ditch/ground to accommodate the new sidewalk construction and maintain positive drainage E Pay Item No 39-Retaining Wall (8"-24" High). Payment is measured per linear foot basis. Payment includes all labor, bedding and backfill materials,forming, reinforced concrete, excavation, filling, grading, disposal, appurtenances, and equipment required to install the retaining wall at locations mentioned in drawings. F Pay Item No 40-Saw-Cut Existing Pavement, All Types Payment is measured per linear feet basis. Payment includes all labor, materials, appurtenances, and equipment required to implement the work. G Pay Item No 55, 65, 66, 67, 68 &69-36-inch RCP, 4'x2', 4'x3', 5'x3', 6'x2' and 6'x3 Storm RCB Storm Sewer Complete in Place Payment is measured per linear feet basis. Payment includes all labor, bedding and backfill materials, excavation, filling, cement stabilized sand,grading,disposal, appurtenances, and equipment required to install the reinforced concrete pipe and boxes at the existing diches to accommodate the proposed sidewalk crossing at locations specified in the plans and as depicted in typical cross section details sheet No 78 "Proposed Culvert Detail" END OF SECTION 01200S - 1 02-08-2021 Page 321 of 323 CITY OF PEARLAND SAFE ROUTES TO SCHOOL— TR1602 RAISED PAVEMENT MARKERS SECTION 02987 RAISED PAVEMENT MARKERS PART 1—GENERAL 11 SUMMARY A. Section includes requirements for furnishing and installing raised pavement markers which include reflectonzed and non-reflectonzed traffic buttons, pavement markers and jiggle bars all of which are capable of being attached to a roadway surface by an adhesive. 1.2 MEASUREMENT AND PAYMENT A. Payment will be based on the number of satisfactorily installed pavement markers. B Unit price bid for each item shall be full compensation for matenals, application of raised pavement markings, equipment,labor, tools, and incidentals necessary to complete Work in accordance with the plans and specifications. C Stipulated Pnce(Lump Sum) When Contract is Stipulated Price Contract,payment for Work in the Section is included in total Stipulated Price. 1.3 EQUIPMENT A. Provide the necessary equipment to conduct the work specified herein. PART 2—PRODUCTS 2.1 MATERIALS A. All Jiggle Bar Tiles shall conform to the requirements of TxDOT DMS-4100, Jiggle Bar Tiles. B Raised Pavement Markers shall conform to the requirements of TxDOT DMS-4200, Pavement Markers (Reflectonzed) C Traffic Buttons shall conform to the requirements of TxDOT DMS-4300, Traffic Buttons. D Testing. The Engineer reserves the right to perform any or all tests required by this item as a check on the tests reported by the manufacturer Upon request, the Contractor shall furnish, free of charge, samples of the material of the size and in the amount determined by the Engineer for test purposes. In case of any variance, the Engineer's tests will govern. 1 of 2 Page 322 of 323 CITY OF PEARLAND SAFE ROUTES TO SCHOOL—TR1602 RAISED PAVEMENT MARKERS 2.2 CONSTRUCTION A. The Contractor shall establish guides to mark the lateral location of pavement markings as shown on the plans or as directed by the Engineer The Engineer shall approve locations of these markings and may authorize necessary adjustments from the plans. B The reflective faces of all Type II markers shall be positioned so that the direction of reflection of one(1) face shall be directly opposite to the direction of reflection of the other face. C Raised Pavement markers Type I-C shall have clear reflector face towards traffic. Raised pavement markers Type II C-R, shall have the clear face toward the normal traffic flow and the red face toward wrong-way traffic. D Unless otherwise shown on the plans or specified by the Engineer, all raised pavement markers placed in broken lines shall be placed in line with and midway between the stripes. The first and last raised pavement marker in a no-passing line shall be a reflective marker Buttons used to simulate a 10 feet skip lane lines shall be spaced at 40 inches. E. The pavement markers not placed in accordance with the plans or as directed by the Engineer shall be removed by the Contractor at the Contractor's expense. F Removal of existing pavement markers or residual adhesive from a missing pavement marker prior to placement of new or replacement marker(s) shall be in conformance with Section 02982 -Blast Cleaning of Pavement. The portion of the highway surface to which the raised pavement marker is attached by the adhesive shall be clean and free of dirt, grease, oil, and moisture at the time of installation. Surface preparation for installation of raised pavement markers will not be paid for directly,but shall be considered subsidiary to this item. Unsound pavement or other materials that would adversely affect the bond of the adhesive shall not be an acceptable surface. G The hot epoxy adhesive shall be applied so that 100 percent of the bonding area of the raised pavement marker will be in contact and shall be of sufficient thickness so that excess adhesive shall be forced out around the perimeter of the raised pavement marker but without impairing the functional capability of the reflectivity of the pavement marker When the project is complete, the raised pavement marker shall be firmly bonded to the pavement; lines formed by the raised pavement markers shall be true, and the entire installation shall present a neat appearance. H Where required by the Engineer,pavement markings outside the limits of this project will be removed or adjusted to provide for a proper tie into this project. The old markings shall be removed or defaced in such a manner that they do not give the appearance of traffic pavement markings. END OF SECTION 2 of 2 Page 323 of 323 uocusrunEnvelope ID r ‘as terms uepamrrent ol rransnonation MEMO July 21,2022 To:Lance Simmons,P,E.,Chief Engineer ...t.._., From:Duane s.Milligan.P.E.,Construction Division Directcrt/Z/9‘ Subject Award of Local Government Project,Brazorla County control:o9:.2~31—a1s Prolect:STF 2o21(134m= Highway:cs Brazorlz County The above referenced project has been reviewed.The City of Pearland and the Houston District recommend awardingttle contract to Metro City.LLC.The lowest bid submitted by Tandem Services. LLC was found to be non—responsl'\/ebased on Insufficient documentation.The total amount of the low bid was $2,126,381.00.which is 15.4 percent under the engineer's estimate of $2,514,129.59. Funds farthis project are allocated in accordance with the Federal Project Authorization and Agreement (FPAA).The City is responsible for any costs above the maximum authorized federai amount. There were nu alternates in this prorect. Athached are the State Letter of Authority (SLOA)for locally let projects and the FPAA,indicating clearances tor the following: .....a., -Rlghtotway E»,_,y 1:7, -Encroachments ’..te......e.. -Relocation assistance 7/25/2092 -Environmental I concur w1'th the recommendation. utilities were not clear at the time of ietling.AT&Tshould be clear August 2022,and should have very Ilttle impact on constructiun. we request your concurrence in the award of this project.If you have any questions,please ca [1Duanes,Milligan,P.E.,at 512/4152455.olm vAuJEs-mun s Azcalmlabillty .Tmu .nameout:MISSION‘mom cnllabaralron and lesaennrnwe delhteva sale,rsrtstrre,nrld lnlqraltd trarupanstion system xrnrenstues ue mavnmeril olpeoota andgoodsinmin.....n..emu... CITY OF PEARL/IND INSTRUCTIONS TO BIDDERS S/11-‘EROUTES TO SCI_1_(_70L—TRI602 APPENDIX:LGPP BID CHECKLIST Section 0tl2(l0A-T INSTRUCTIONS TO BIDDERS APPENDIX:LGPP BID CHECKLIST Items checked below represent components,which comprise this Bid Package.If the item is not designated on the left side of the form by the City cfPearland,it is not applicable to this Bid. Bidders are asked to review the Package to ensure that all applicable parts have been included. It is the Bidder’s responsibility to be thomughly familiar with all Bid Requirements and Speci?cations. Bidder must check the riglit-hand column when task is completed.Include this form with the Bid Proposal Package. X 1.SECTION Ullltltl AND 00200 ~BID SECURITY This Bid Security in the amount of 5%of the biddcr’s maximum Bid Proposal price made payable to the City OfI’earl:ind. X 2.SECTION 00300 —BID PROPOSAL Must be completed and signed in ink.Failure to do so will cause Bid(s)to be rejected. X 3.SECTION 00850 —l\'0N»COLLUSION STATEMENT AND AFFIDAVIT Bidder must submit with Bid Packager X 4‘SECTION 00850 —DEBARMENT CERTIFICATION Bidder must submit with Bid F?Ckage4 X 5.SECTION 00850 —CHILD SUPPORT CERTIFICATION Bidder must submit with Bid Package. X 6.SECTION 00850 —CHILD SUPPORT BUSINESS OVVNERSHII’FORM Bidder must submit with Bid Packager X 7.SECTION 00850 —CERTIFICATION REGARDING LOBBYING Bidder must submit with Bid Packager X 8.SECTION 00850 —STATEMENT‘FOR LOAN GUARANTEES AND Bidder must submit with Bid Package ifapplicable for the bidder on this project.X 9.SECTION 00850 — COIN ‘RACTORS ACKNOWLEDGEMENT OFSTORMWATERMANAGEMENTPROGRAMBidderiuustsubunitwithBidPackage.09-2018 00200A~T l oflD..."GA ht mm CITYAOFPEARL/IND I j_rxD0'r LGPI’REQgnzEMEN1s_ Section 0085031‘ TXDOT LOCAL GOVERNMENT PROJECT PROCEDURES REQUIREMENTS In addition to the City of Pcarland standard contract documents,the following documents are required for projects receiving rcinibnrseinent from the U.S.Department of Transportation Federal Highway Commission and/or the Texas Department of Transportation. FHWAJ273 Required Contract Provisions (12 pages) Bidder Certi?cation (1 page) Buy America Provision (2 pages) Buy America —Material Statement (1 page) Child Support Statement (1 page) Child Support Business Ownership Form (1 page) Contractor Acknowledgment of Stormwater Management Program (1 page) Contractor’s Assurance (1 page) Debarment Certi?cation &Instructions (3 pages) Differing Site Conditions (1 page) Disadvantaged Business Enterprise Requirements (1 page) DBE Commitment Agreement F mm (1 page) DBE Material &Supplier Commitment Agreement Form (1 page) DBE Substitution Request Form (1 page) DBE Commercially Useful Function Project Site Review (4 pages) DBE Trucking Credit Worksheet (1 page) DBE Good Faith Effort —Prime Contractor (5 pages) DBE Monthly Progress Report (1 page) DBE/SBE Prompt Payment Certi?cation (1 page) DBE Prime Contractor Payments to NonADBF.Subcontractors (1 page) DBE Final Report (1 page) Equipment Rental Rates (2 pages) Lobbying Certi?cation Forms (2 pages) Non—Col1usionStatement (2 pages) Payroll Verification Information (1 page) Prison Produced Materials Provision (1 page) Railroad Insurance Provision (when work is in Railroad ROW)(2 pages) SBE Monthly Progress Report (1 page) TXDOT Certi?cate oflnsurariee —Form 1560 (2 pages) 101 M and uoousmErwelnpe ID 4Fnoao5u—2a2a—4aa4—a5oa—1wFe77a9Ecs STATE LETTER OF AUTHORITY FORM Dmgt-mm Approved To Let of 1r-mpon-nan counummo pnojzcr ID 091231-am msmn Houston couurv Brazcrla manwnv Various FEDISYATE PROJECTat 51»:2u21u34m>RESP‘nIs'rruc'r Houston suuc.cuss 5 LIMITS snow:vwous LOCATIONS IN THE cm or LIMITS 1o PEARLAND WORK rvr:Constnul Pedestrlan Inlraslmclure mma‘way:cm:4..Nut CV23!Certi?cation Re:‘d ommz: Raw gnm,m.,..E,.I dear Mm CIezv cenmcauonRec‘d__um3/7.uzz_ nelmauon ,.;,I5.am (Neal.um Clear cenmcaucn Re<‘d_m/13/zn22_ ummes:Mm cleari cenmcauonaec‘d_ama/mzz_ AGREEMENTS AND PERMITS Rzoulkznz Rzilmad Agreement.V25 Na Rg?d cos Sectlon ooa/1 NDINW Yes No x new Coast Guam semen 9:vs:Ncrx Re<‘d TWCIWPWP.Yes Na:x new TFWD=Yes Na_x new other Fanicip 'ygs m,_xi new Other.‘Tun lhsluriszl Oommuxiun V5 "0 Km, TYPE or suvmoumsmm CLEARANCE: EIanket Categorical Exdusian Pvogvammath:Categorlcm Exclusicn Categancal EX(ILlSI07I (Slate CE) A ProiecxSraeci?cCalegunczl EXCIIISIOVITX FONSI EIS EA Date of Firm FederaI Action _9 il72?2I_ Remarks. Erwiranmenlal:NOT Clear.Conmthansi _;L...v.L..,L=....__,,,.a,,,_ ENVIRONMENTAL AFFAIRS DIVISION DATE Cunditlons 01Appvovarz DesIgn:Cleznjx NOT Clear:Condmans:N/A ,_n..m.. OFFICE DATEYggNoWithCanditions_UnIIex w?lhetlur helm:mnnrxmlon xmIs.__,:,.+.~....y:L ?j/7,,pm 1/17/2022vnioemlmmnclnszxDATEmusAUTHORIZATIONISGIVENonTHEcounmouTHATTHECONTRACTINGAGENCYSHALLASSUMEALLcos1AND REPONSIBLITVANDLEGALLIABILITVFORAcnvrrssTHATnoNOTconromwm<APPLICABLEFEDERALAND STATE REQUIREMENTS.TXDOTCONNECT Report Generated Ey:Repnn Created Dn:De<10,2021 1o.43:a3 AM csr Page 1 of 1 Doz:uSIgn Envmope ID‘AFOUB/658—2B7B—4E£B4—B543—140F677B9EC6 Federal Proiect Authorization and Aareement msmu HOU State Code‘Au FAI~L)S um,Nbr 22559 FMIS Pm’,Nm 202113/I FedevaIF'vaIacINumbur:aw zozmamp GnunIy.BIazaI1:.I ConI1olSDcIIon-Joh(SPN)u5I2—3I—31e Add‘ICSJs: mm Descvip?an:ONSTRUCT SIDEWALKS,INTERSECTION,AND SIGNAGE IMPROVEMENTS IN VIOINITV OF OARLESTON ELEMENTARV. 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