R2003-0133 09-29-03 RESOLUTION NO. R2003-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR THE CLEAR CREEK CHANNEL BANK
STABILIZATION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for construction of the Clear Creek Channel
Bank Stabilization Project, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Cross Contracting
Services in the amount of $192,255.00.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for construction of the Clear Creek Channel Bank Stabilization Project.
PASSED, APPROVED and ADOPTED this the 29th day of September ,
A.D., 2003.
ATTEST:
~ S~TARY R~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
City of Pearland
BID TABULATION
12-Sep-03
Clear Creek Remnant Channel Bank Stabilization
EXHIBIT
Base Bid Addenda Delivery
Bidder Total 2 Time
Cross Contracting Services, Katy, Texas 192,255.00 2 60
Excavation Technologies, Alvin, Texas 243,276.63 2 60.00
Exhibit
Resolution No. R2003-133
CONTRACT DOCUMENTS
and
TECHNICAL SPECIFICATIONS
for
CLEAR CREEK REMNANT CHANNEL
BANK STABILIZATION
CITY OF PEARLAND
BRAZORIA COUNTY, TEXAS
COP PN: 2003 083
Auoclates, Inc.
BID PROPOSAL
Date: 9• m.ta
Bid of 0 mst) (`nr,kcnnlanq
SrrvittS, . An individual proprietorship/a corporation
organized and existing under the laws of theState theo Texa to partnership
art ership consisting of
for
CLEAR CREEK REMNANT CHANNEL BANK STABILIZATION
City of Pearland, Texas
COP PN: 2003-083
(Submit in Duplicate)
To: The Honorable Mayor and City Council of Pearland
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Pursuant to the published invitation to Bid, the undersigned bidder hereby proposed to do 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 included under the General Contract for the
construction of the CLEAR CREEK REMNANT CHANNEL BANK STABILIZATION as shown on
the plans with all related appurtenances, complete, tested and operational in accordance with the plans,
and specifications prepared by the Engineer, JKC & Associates Inc , Dickinson, Texas, under the City
of Pearland's inspection for the unit prices set forth on the attached bid sheet which bears our signature
for identification. It is understood that, in the event any changes are ordered on any part of the work, the
unit prices bid shall apply as additions to or deductions from the total prices for the parts of the work so
changed.
The bidder binds himself upon acceptance of his proposal to execute a contract and furnish performance
bond and payment bond each in the amount of one hundred percent (100%) of the total contract price,
according to the specified forms, for performing and completing the said work within the time stated.
The undersigned bidder agrees to commence work within
beten subs) tantially after the completedate thin forty-five (45)
to commence work. It is understood that the work
calendar days and completed and ready for final payment within sixty (60) calendar days. Time for
completion shall begin on the date established by the notice to commence work.
Page 1 of 3
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SEP-9-2003 TUE 14:18
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NAME'CROSS CONTRACTING SVCS LTD P. 3
It is agreed that the contract price may be increased or decreased
d to cover
rCwork
kndition s added orofAgreementdeletedb. y
order of the Engineer, in accordance with the provisions of the
The
undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty
(60) days following date of bid opening.
It is understood that in the event the successful bidder fails to enter
into
and Paymentra Contract
within
ond in the amount
fifteen (15)
days of the Notice of Award and fails to furnish a Performance Bond
of one hundred (100) percent of the Contract for all parts of the work, the successful bidder will forfeit
the Bid security as provided in the Specifications submitted with his bid proposal.
The following Addenda have been received. The modificationsthe Bid documents noted therein have
been considered and all costs thereto are included in the Bid price.
Dated: c• 9-0�a Addendum No. Dated:____
Addendum No. t Addendum No. Dated: Addendum No. Dated:______
Addendum No.
Dated: Addendum No. Dated:__________
Firm Name:
Contact:
Address:
Phone No.:
FAX No.:
ATTEST:
Signature:
Printed Name. CAtnee-stk-
Title: Title: prrmc1-4
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END OF BID FORM
(Seal, if Bidder is a Corporation)
Page 3 of 3
Associates, Inc.
Civil and Environmental Services
CLEAR CREEK BANK STABILIZATION
COP PN: 2003-083
Pearland, Brazoria County, Texas
ADDENDA No. 2
09 September, 2003
The following clarifications and modifications were made to the Construction Plans and
Bid Documents. Please incorporate the following information into your bid responses for
the referenced City of Pearland Project.
1. The City has decided to delay the bid due date and time to 3 p.m. on Friday,
September 12, 2003. The bids will be due at Pearland City Hall attention Gordon
Island in time for the public opening at 3 p.m.
2. The quantity of interlocking block slope pavement includes only the exposed
blocks on the bank face. Please include in your unit costs the additional costs
associated with the turn -downs that are to be treated as incidental.
Please do not hesitate to contact us at (281) 309-9100 if you have additional questions.
Thank you in advance for your consideration.
Sincerely,
JKC & Associates, Inc.
Jason Christian, P E
c: File 03-0702
2820 Main Street • Dickinson, TX 77539 • phone: (281) 309-9100 • FAX: (281) 309-9300
Associates, Inc.
Civil and Environmental Services
CLEAR CREEK BANK STABILIZATION
COP PN: 2003-083
Pearland, Brazoria County, Texas
ADDENDA No. 1
09 September, 2003
The following clarifications and modifications were made to the Construction Plans and
Bid Documents at the non -mandatory Pre -bid meeting held on 03 Sept. 03. Please
incorporate the following information into your bid responses for the referenced City of
Pearland Project.
1. We have revised the bid form to include costs for "Seeding & Fertilizing' and for
installation of a '20' Chain Link Gate' at the temporary construction road. Please
use the attached revised bid foini to submit your bid.
Please do not hesitate to contact us at (281) 309-9100 if you have additional questions.
As a reminder, the bid responses are due tomorrow, 10 September, 2003 at the City of
Pearland. Thank you in advance for your consideration.
Sincerely,
JKC & Associates, Inc.
Jason Christian, P.E.
c: File 03-0702
2820 Main Street • Dickinson, TX 77539 • phone: (281) 309-9100 • FAX: (281) 309-9300
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Bid Proposal Form
CONTRACT DOCUMENTS
and
TECHNICAL SPECIFICATIONS
for
CLEAR CREEK REMNANT CHANNEL
BANK STABILIZATION
CITY OF PEARLAND
BRAZORIA COUNTY, TEXAS
COP PN: 2003-083
PREPARED BY'
Associates, Inc.
JKC & Associates, Inc.
2820 Main Street
Dickinson, TX 77539
PREPARED FOR:
CITY OF PEARLAND
PUBLIC WORKS DEPARTMENT
August, 2003
03
CITY OF PEARLAND
BIDDING DOCUMENTS
CITY OF PEARLAND
BRAZORIA COUNTY, TEXAS
CLEAR CREEK REMNANT CHANNEL
BANK STABILIZATION
COP PN: 2003-083
BID FORMS
TABLE OF CONTENTS
BIDDING DOCUMENTS
No. of
Pages
Invitation to Bidders 2
Bid Proposal 3
INVITATION TO BIDDERS
CITY OF PEARLAND, TEXAS
BID No.: 2003-083
Sealed bids will be received, in duplicate, referencing the following project in the office of the
Purchasing Officer, the City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas
77581 until 4:00 p.m , Wednesday, September 10, 2003, at which time they will be publicly
opened and read aloud for the construction of:
CLEAR CREEK REMNANT CHANNEL
BANK STABILIZATION
City of Pearland, Texas
COP PN: 2003-083
A non -mandatory pre -bid conference will be held at the City of Pearland Public Works
Department Offices located at 3501 East Orange Street, Pearland, Texas 77581 at 4:00 p.m. on
Wednesday, September 3, 2003.
The project will entail bank stabilization and realignment of approximately 350 feet of Clear
Creek main channel adjacent to the City of Pearland's Longwood Wastewater Treatment Plant as
shown on the construction drawings by JKC & Associates, Inc. Work will include clearing and
grubbing (1 acre), debris removal, temporary facilities, bank excavation (2,220 SY) &
embankment (925 SY) and placement of interlocking block slope pavers (14,300 SF). The
project site is located along Clear Creek at Dixie Farm Road (Key Map 616-Q)
Information and Bid Documents: Copies of Contract Documents and Technical Specifications
and Plans are on file at the following locations for review:
City of Pearland
City Hall
3519 Liberty Drive
Pearland, Texas 77581
The Associated General Contractors of America, Inc.
2400 Augusta, Suite 180
Houston, TX 77057
Associated Builders & Contractors of Greater Houston
3910 Kirby Suite 131
Houston, TX 77098
Dodge Reports
4101 Greenbriar, Suite 320
Houston, TX 77098
(281) 652-1600
(713) 334-7100
(713) 523-6222
(713) 529-4895
Bidders may obtain a complete set of the Contract Documents, Technical Specifications and
Plans from the office of the Engineer, JKC & Associates, Inc., 2820 Main Street, Dickinson,
Texas 77573 (281) 332-1120 upon request and payment in the amount of fifty dollars ($50 00)
per set. The amount of the plan fee will NOT be refunded.
No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid
opening date without the consent of the City of Pearland.
Bonds: Bidder's Bond in the form of Cashier's Check or Certified Check payable to the City of
Pearland in the amount of 5% of the total base bid price must accompany each proposal. The
successful bidders must furnish Performance and Payment Bonds as required by law (Article
5160, Vernon's Texas Civil Statutes, as amended) upon an acceptable form in the amount of one
hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety
duly authorized to do business in the State of Texas and named in the current list of "Treasury
Department Circular No. 570", payable to the City of Pearland, Texas.
Equal Opportunity in Employment: All qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
The City of Pearland reserves the right to reject any or all bids, or to accept any bid deemed
advantageous to the City of Pearland
Gordon Island
Purchasing Officer Date
Date:
BID PROPOSAL
Bid of . An individual proprietorship/a corporation
organized and existing under the laws of the State of Texas/a partnership consisting of
, for the construction of:
CLEAR CREEK REMNANT CHANNEL BANK STABILIZATION
City of Pearland, Texas
COP PN: 2003-083
(Submit in Duplicate)
To: The Honorable Mayor and City Council of Pearland
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Pursuant to the published invitation to Bid, the undersigned bidder hereby proposed to do 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 included under the General Contract for the
construction of the CLEAR CREEK REMNANT CHANNEL BANK STABILIZATION as shown on
the plans with all related appurtenances, complete, tested and operational in accordance with the plans,
and specifications prepared by the Engineer, JKC & Associates, Inc , Dickinson, Texas, under the City
of Pearland's inspection for the unit prices set forth on the attached bid sheet which bears our signature
for identification It is understood that, in the event any changes are ordered on any part of the work, the
unit prices bid shall apply as additions to or deductions from the total prices for the parts of the work so
changed.
The bidder binds himself upon acceptance of his proposal to execute a contract and furnish performance
bond and payment bond each in the amount of one hundred percent (100%) of the total contract price,
according to the specified forms, for performing and completing the said work within the time stated.
The undersigned bidder agrees to commence work within ten (10) days after the date of a written notice
to commence work. It is understood that the work is to be substantially complete within forty-five (45)
calendar days and completed and ready for final payment within sixty (60) calendar days. Time for
completion shall begin on the date established by the notice to commence work.
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It is agreed that the contract price may be increased or decreased to cover work added or deleted by
order of the Engineer, in accordance with the provisions of the General Conditions of Agreement.
The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty
(60) days following date of bid opening.
It is understood that in the event the successful bidder fails to enter into the Contract within fifteen (15)
days of the Notice of Award and fails to furnish a Performance Bond and Payment Bond in the amount
of one hundred (100) percent of the Contract for all parts of the work, the successful bidder will forfeit
the Bid security as provided in the Specifications submitted with his bid proposal.
The following Addenda have been received. The modifications to the Bid documents noted therein have
been considered and all costs thereto are included in the Bid price.
Addendum No. Dated: Addendum No. Dated:
Addendum No. Dated: Addendum No. Dated:
Addendum No. Dated: Addendum No. Dated:
Firm Name:
Contact:
Address:
Phone No.:
FAX No.:
ATTEST:
Date:
Signature:
Printed Name:
Title:
END OF BID FORM
(Seal, if Bidder is a Corporation)
Page 3 of 3
CITY OF PEARLAND
CONTRACT DOCUMENTS
CITY OF PEARLAND
BRAZORIA COUNTY, TEXAS
CLEAR CREEK REMNANT CHANNEL
BANK STABILIZATION
COP PN: 2003-083
TABLE OF CONTENTS
CONTRACT DOCUMENT
No. of Pages
00500 Standard Form of Agreement 7
00610 Performance Bond 2
00620 Payment Bond 2
00700 General Conditions 30
1.0 Definitions and Interpretations
1.01 Owner, Contractor and Engineer 1
1.02 Contract Documents 1
1.03 Subcontractor 1
1.04 Written Notice 1
1.05 Work 2
1.06 Extra Work 2
1.07 Working Day 2
1.08 Calender Day 2
1.09 Substantially Completed 2
1.10 Interpretation of Words and Phrases 2
1.11 Referenced Standards 3
1.12 Special Conditions 3
2.0 Rights and Responsibilities of the Owner
2.01 Adequacy of Design 3
2.02 Right of Entry 3
2.03 Ownership of Drawings 3
2.04 Changes and Alterations 3
2.05 Damages 4
3.0 Rights and Responsibilities of the Engineer
3.01 Owner -Engineer Relationship 4
3.02 Keeping of Plans and Specifications Accessible 4
3.03 Preliminary Approval 5
CONTRACT TOC - i
CITY OF PEARLAND
CONTRACT DOCUMENTS
3.04 Inspection by Engineer 5
3.05 Determination of Questions and Disputes 6
3.06 Objections 6
3.07 Recommendation of Payment 6
4.0 Rights and Responsibilities of the Contractor
4.01 Independent Contractor 7
4.02 Contractor's Understanding 7
4.03 Laws and Ordinances 7
4.04 Assignment and Subletting 8
4.05 Performance and Payment Bonds 8
4.06 Insurance 8
4.07 Certificate of Insurance 10
4.08 Permits and Fees 10
4.09 Texas State Sales Tax 11
4.10 Contractor's Duty and Superintendence 11
4.11 Character of Workers 11
4.12 Labor, Equipment, Materials, Construction Plant
and Buildings 11
4.13 Sanitation 12
4.14 Cleaning and Maintenance 12
4.15 Performance of Work 12
4.16 Right of Owner to Modify Methods and
Equipment 12
4.17 Layout of Work 12
4.18 Shop Drawings 13
4.19 Engineer -Contractor Relationship; Observations 13
4.20 Observation and Testing 14
4.21 Defects and Their Remedies 14
4.22 Liability for Proper Performance 15
4.23 Protection Against Accident To Employees and
the Public 15
4.24 Protection of Adjoining Property 16
4.25 Protection against Claims of Subcontractors,
Laborers, Materialmen and Furnishers of
Machinery and Supplies 16
4.26 Protection Against Royalties or Patented
Invention 17
4.27 Indemnification 17
4.28 Losses From Natural Causes 18
4.29 Guarantee 18
5.0 Prosecution and Progress
5.01 Time and Order of Completion 18
5.02 Extension of Time 19
5.03 Hindrances and Delays 19
CONTRACT TOC - ii
CITY OF PEARLAND
CONTRACT DOCUMENTS
00700-A
00700-B
00800
00811 Wage Scale for Engineering Construction
5.04 Liquidated Damages for Delay 19
6.0 Measurement and Payment
6.01 Discrepancies and Omissions 20
6.02 Quantities and Measurements 20
6.03 Estimated Quantities 21
6.04 Price of Work 21
6.05 Payments 21
6.06 Partial Payments 21
6.07 Use of Completed Portions 22
6.08 Final Completion and Acceptance 23
6.09 Final Payment 23
6.10 Correction of Work Before Final Payment 24
6.11 Correction of Work After Final Payment 24
6.12 Payments Withheld 24
6.13 Delayed Payments 25
7.0 Extra Work and Claims
7.01 Change Orders 25
7.02 Minor Changes 25
7.03 Extra Work 26
7.04 Time of Filing Claims 27
8.0 Abandonment of Contract
8.01 Abandonment by Contractor 28
8.02 Abandonment by Owner 29
9.0 Arbitration
9.01 Arbitration 30
Attachment No. 1 to General Conditions 4
Attachment No. 2 to General Conditions 7
Special Conditions 1
2
CONTRACT TOC - iii
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
SECTION 00500
STANDARD FORM OF AGREEMENT
THIS AGREEMENT is dated as of the day of in the year by and
between City of Pearland (hereinafter called OWNER) and Cross Contracting Services, Ltd
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
CLEAR CREEK REMNANT CHANNEL BANK STABILIZATION
COP PN: 2003-083
Pearland, Brazoria County, Texas
Article 2. ENGINEER
The Work has been designed by JKC & Associates, Inc. who is hereinafter called ENGINEER
and who is to act as OWNER s representative, 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
4/00
3.1 The Work will be substantially completed within forty-five (45) 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 sixty (60)
days from the date when the Contract Time commences to run. No work will be allowed
on Sundays.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General conditions. They also recognize the
delays, expense and difficulties involved in proving in a legal or arbitration proceeding
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
two hundred dollars ($200.00) for each day that expires after the time specified in
00500-1
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
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 Contract Time or any proper extension hereof granted by
OWNER, CONTRACTOR shall pay OWNER one hundred dollars ($100.00) for each
day that expires after the time specified in paragraph 3.1 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 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 accordance with the
Contract Documents in current funds as follows:
For all Unit Price Work, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the actual quantity installed of that
item as indicated in this paragraph.
UNIT PRICE WORK
Item
Description
Mobilization (2% of total bid max)
Payment, Performance & Maintenance Bonds
Clearing Grubbing & Stripping
Temporary Diversion Dam
Temporary Access Road
Seeding & Fertilizing
20' Chain Link Gate
Bank Excavation
Bank Embankment
Interlocking Block Slope Pavement
Total of all work items:
Item
Quantity
1
1
1.0
1
1
1.0
1
2,220
925
14,311
One Hundred Ninety Two Thousand Two Hundred Twenty Five
Units
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Unit
Price
5,000.00
8,500.00
26,300.00
19,500.00
13,300.00
1,700.00
2,000.00
15.00
12.00
5.00
Total
Price
5,000.00
8,500.00
26,300.00
19,500.00
13,300.00
1,700.00
2,000.00
33,300.00
11,100.00
71,555.00
$192,225.00
4/00
00500-2
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
EXTRA PAY ITEMS
Item Description
Extra Structural Backfill (8<PI<20)
Extra Stabilized Sand
Overexcavation
Units
CY
CY
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Unit Price
17.00
28.00
14.00
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 measured by the schedule of values established in Section 6.0
"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 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 invoice by the
ENGINEER.
5.1.2 Each partial 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 faultor neglect on the part of the
CONTRACTOR, the OWNER may upon written recommendation of the
ENGINEER pay a reasonable and equitable portion of the retained percentage to
the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be
relieved of the obligation to fully complete the Work and, thereupon, the
CONTRACTOR shall receive payment of the balance due him under the contract
subject only to the conditions stated under Final Payment. '
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 6.09 of the General Conditions OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 6.09.
Article 6. INTEREST
Not applicable.
4/00
00500-3
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
Article 6. INTEREST
Not applicable.
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 reports of explorations and tests of
subsurface conditions and drawings of physical conditions. Such technical reports
and drawings are not Contract Documents.
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 of
furnishing of the Work as CONTRACTOR considers necessary for the performance
of furnishing of the Work at the Contract Price, within the Contract Time and in
accordance with the other teiuis and conditions of the Contract Documents; and no
additional examinations, investigations, explorations, tests, reports, and studies or
similar information or data are or will be required by CONTRACTOR for such
purposes.
7.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract documents with respect to existing Underground Facilities
at or contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations,
tests reports, studies or similar information or data in respect of said Underground
Facilities are or will be required by CONTRACTOR in order to perform and furnish
the Work at the Contract Price within the Contract Time and in accordance with the
other terms and conditions of the Contract Documents.
7.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of
the Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that they have discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
00500-4
4/00
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
Article 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (Section 00500).
8.2 Performance and other Bonds (Sections 00610 and 00620).
8.3 General Conditions (Section 00700).
8.4 Supplementary Conditions (Section 00800).
8.5 Drawings consisting of sheets numbered 1 through 6 inclusive with attachments with
each sheet bearing the following general title:
Clear Creek Remnant Channel Bank Stabilization
8.6 CONTRACTOR's Bid (Instructions to Bidders and completed Bid Form).
8.7 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.8 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents;
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
(expect to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
4/00 00500-5
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
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 final
completion against defects in materials and workmanship CONTRACTOR agrees to
repair or replace any defective work within this warranty period in an expeditious
manner at no additional cost to OWNER
9.5 The Work will be completed according to the Contract Documents and in accordance
with codes, ordinances and construction standards of the City of Pearland.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and one to CONTRACTOR. All portions of
the Contract Documents have been signed or identified by OWNER and CONTRACTOR.
4/00 00500-6
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
This Agreement will be effective on
OWNER / •
/, I�
G'irr /MM/v.e
By: his -A/
Basra Fiii
F
ATTEST
Address fo
viNeotO
atwan4®a
ving notices
9
CONTRACTOR
,2007-5.
44.44 ce:rip
By: @f-t iktr--ll
(Corporate Seal)
ATTEST rr tlX , %.14%3 4. rnnn c\
Address for giving notices
4k4\ 1<.nky Wse\K\ey Rd
V.o �ry -venLa • 1-413,9)
Phone:,, / / 2 . /6155 Phone: e • • 1 \ • 3 05 Q
Fax:cYl/- la5 z /7/!
Fax: ai€,s‘• gs“.
Agent for service of process
END OF SECTION
4/00 00500-7
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Surety's toll free telephone number
for information or to make a complaint at:
1-800-782-1546
You may also write to the Surety at:
P.O. Box 19725
Irvine, CA 92623-9725
•
You may contact the Texas Department of
Insurance to obtain information on companies
coverage, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
Fax# 512-475 1771
PREMNM OR CLAIM DISPUTES: Should you
have a dispute concerning your premium or about a
claim you should contact the Surety first. If the
dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached document.
AVISO IMPORTANCE
Para obtener informacion o para someter una queja:
•
Usted puede Ilamar al numero de telefono gratis de
para informacion o para someter una queja aI:
1-800-782-1546
Usted tanbien puede escribir a Surety at:
P.O Box 19725
Irvine, CA 92623-9725
Puede comunicarse con el Departamento de Seguros
de Texas para obtener information acerca de com-
pamas, coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departmento de Seguros de Texas
P.O. Box 149104
Austin, TX 78714-9104
Fax# 512-475-1771
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concermente a su prima o a un
reclamo, debe comunicarse con el Surety primero. Si
no se resuelve la disputa, puede entonces comuni-
carrse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es solo
para proposito de informacion y no se convierte en
parte o condicion del documento adjunto.
1fSCCibiCCI
Insco Insurance Services, Inc.
Underwriting Manager for:
Developers Surety and Indemnity Company • Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92614
1-800-782-1546
www InscoDico.com
ID-1404 (TX) (4/01)
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act, and
the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will covet 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is mailable only
when af,gregatc losses resulting fiom a certified act of terrorism exceed $5,000,000.00. Insurance
carriers must also meet a variable deductible established by the Act. The Act also establishes a cap
of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible.
Participation in the program is mandatory for specified Tines of property and casualty
insurance, including surety insurance. The Act does not, however, result in any change in covcrac,c
under the attached bond. No additional premium has been charged for the terrorism covcra{,c
required by the Act.
CROSS CONTRACTING SERVICES, LTD.
BOND NO. 560928P
OCTOBER 9, 2003
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch. Suite 200 • Irvine, California 92614 • (949) 263-3300
www.InscoDico.com
ID-1498 (3/03)
CITY OF PEARLAND
PERFORMANCE BOND
STATE OF TEXAS
§
COUNTY OF BRAZORIA §
SECTION 00610
PERFORMANCE BOND
BOND NO. 560928P
CROSS CONTRACTING
KNOWN ALL MEN BY THESE PRESENTS: That SERVICES, LTD. of the City of
KNFY , County of HARRIS , and State of Texas, as principal, and DEVELOPERS SURETY
AND INDa 1 TY 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 (Owner), in the penal sum of
ONE HUNDRED NINETY TWO THOUSAND TWO HUNDRED FIFTY FIVE DOLLARS AND NO/100 - - ($192,255.00) - - -
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, dated the
day of , 20 , to commence and complete the construction of certain improvements
described as follows:
CLEAR CREEK REMNANT CHANNEL BANK STABILIZATION
COP PN: 2003-083
Pearland, Brazoria County, Texas
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 perform said Contract 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 Plans and Specifications hereto annexed, 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.
4/00 00610-1
CITY OF PEARLAND
PERFORMANCE BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
day of , 20 .
Principal
CROSS CONTRACTING SERVICES, LTD.
By: S -F., kJ
Title: c{a1 ndia_ r a_ GLASS
Address:
SVC4 LAM).
4141 KATY HOCKEY ROAD
KATY, TEXAS 77493
Telephone:
Fax:
(281 ) 371-3050
(281 ) 371-3079
Surety
By: ROSALYN D. }LASSRTJ
A4 Title: ATTORNEY -IN -FACT
Address:
545 E. JOHN CARPENTER FREEWAY, STE. 1420
IRVING, TEXAS 75062
Telephone:
Fax:
The name and address of the Resident Agent of Surety is:
(281 ) 540-1555
(281 ) 540-7419
ELSEY & ASSOCIATES SURETY/INSURANCE AGENCY, INC., 8820 WILL CLAYTON PKWY., HUMBLE, TEXAS 77338
END OF SECTION
4/00 00610-2
CITY OF PEARLAND
PAYMENT BOND
STATE OF TEXAS
§
COUNTY OF BRAZORIA §
SECTION 00620
PAYMENT BOND
BOND NO. 560928P
CROSS CONTRACTING
KNOWN ALL MEN BY THESE PRESENTS: That SERVICES, LTD of the City of
KATY , County of HARRIS , and State of Texas, as principal, and DEVELOPERS SURETY
AND INDEMNITY 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 (Owner), in the penal sum of
ONE HUNDRED NINETY TWO THOUSAND TWO HUNDRED FIFTY FIVE DOLLARS AND NO/100 - - ($192,255.00) - - 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, dated the
day of , 20 , to commence and complete the construction of certain improvements
described as follows:
CLEAR CREEK REMNANT CHANNEL BANK STABILIZATION
COP PN: 2003-083
Pearland, Brazoria County, Texas
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 pay all claimants supplying labor and 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 Willis 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.
4/00
00620-1
CITY OF PEARLAND
PAYMENT BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
day of ,20 .
Principal
CROSS CONTRACTING SERVICES, LTD.
By:
Title:
Address:
6404 L`t
4141 KATY HOCKLEY ROAD
KATY, TEXAS 77493
Telephone:
Fax:
( 281) 371-3050
( 281) 371-3079
Surety
DEVELOPERS S1' k AND INDEMNITY COMPANY
1 p/-61
By: ROSALYN D. HASSELL
Title:
ATTORNEY -IN -FACT
Address:
545 E. JOHN CARPENTER FREEWAY, STE. 1420
IRVING, TEXAS 75062
Telephone:
Fax:
The name and address of the Resident Agent of Surety is:
(281 ) 540-1555
(281 ) 540-7419
ELSEY & ASSOCIATES SURETY/INSURANCE AGENCY, INC., 8820 WILL CLAYTON PKWY., HUMBLE, TEXAS 77338
END OF SECTION
4/00 00620-2
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725. IRVINE. CA 92623 • (949) 263-3300
www.InscoDico.com
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,
constitute and appoint:
*Bruce C DeHart, Edward L. Moore, David R. Groppell, Kathleen M. Meeks, U. Theresa Gardner, Rosalyn D.
Hassell, Lori Ellis, jointly or severally***
as its true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknow•ledge, for and on behalf of said corporation as surety, bonds. undertakings and
contracts of suretyship giving and granting unto said Auorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation. and all of the acts of
said Attorneys) -in -Fact, pursuant to these presents. are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution' adbpted by the Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1, 2000:
RESOLVED. that the Chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is.
authorized to execute Powers of Attorney. qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute. on behalf of the corporation. bonds,
undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporation be. and each of them hereby is. authorized to
attest the execution of any such Power of Attorney:
RESOLVED. FURTHER. that the signatures of such officers may he affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall he valid and binding upon the corporation when so affixed and
in the future with respect to any bond. undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive
Vice President and attested by its Secretary this 7th day of November. 201)I.
By
By:
David H. Rhodes, Executive Vice President
1/4
Walter A. Crowell. Secretary
STATE OF CALIFORNIA
)SS.
COUNTY OF ORANGE
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On November 7, 2001. before me. Antonio Alvarado. personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted. executed the
instrument.
Signature
WITNESS my hand and official seal
CERTIFICATE
' ^ ANTONIO ALVARADO d
p COMM. # 1300303 rL
Notary Public - California
ORANGE COUNTY
My Comm. Expires APRIL 10.2005 r
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing
Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors
of said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California. the day of
By
David G. Lane Chief Operating Officer
ID-1438(DSI) (11/01)
•
ACORD,. CERTIFICATE OF LIABILITY INSURANCIcROSS2° Js
DATE (MM/DD/YY)
10/00/03
PRODUCER
Elsey & Associates
^-'rety/Insurance Agency, Inc.
!0 Will Clayton Pkwy.
able TX 77338
rhone:281-540-1555 Fax:281-540-7419
INSURED
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Cross Contracting Services Ltd
4141 Katy Hockley Road
Katy TX 77493
INSURER A: Texas Mutual Insurance Co .
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICY NUMBER
DATE
(MMI/DDNY)
E
ATE
(ICY EXPIRATION
I
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any one fire)
$
CLAIMS MADE
I OCCUR
MED EXP (Any one person)
$
INJURY
PERSONAL & ADV
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$
POLICY
1
JE
LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$
ANY AUTO
(Ea accident)
_--
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
HIRED AUTOS
BODILY INJURY
$
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
(Per accident)
GARAGE
LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR
[
CLAIMS MADE
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
$
WORKERS
COMPENSATION AND
X
TORY LWC
IMITS TS IU-OER
A
EMPLOYERS' LIABILITY
TSF0001131029
04/21/03
04/21/04
E.L. EACH ACCIDENT
$1,000,000
E.L.DISEASE - EA EMPLOYEE
$
1,000,000
E.L. DISEASE - POLICY LIMIT
$
11000 , 000
OTHER
DESCRIPTION
COP
OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS
No. 2003-083
Clear
Creek
in favor
ADDED BY
Remnant Channel
City
ENDORSEMENT/SPECIAL
Pearland
Bank
PROVISIONS
Stabilization
by
Waiver
contract.
of Subrogation
of of
as required
written
CERTIFICATE HOLDER
N
ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
CIPEARL
City of Pearland
Brazoria County, Texas
c/o JKC & Associates, Inc.
2820 Main St.
Dickinson TX 77539
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLI
REPRESENTATIV
AUTHORIZED R
Share
ACORD 25-S (7/97)
TION OR LIAB - Y OF • NY KI r; UPON THE INSU ER, ITS AGENTS OR
ACORD CORPORATION 1988
CITY OF PEARLAND
GENERAL CONDITIONS
CITY OF PEARLAND
BRAZORIA COUNTY, TEXAS
CLEAR CREEK REMNANT CHANNEL
BANK STABILIZATION
COP PN: 2003-083
TABLE OF CONTENTS
CONTRACT DOCUMENTS
GENERAL
No. of
Pages
00700 General Conditions 29
00700-A Attachment No. 1 to General Conditions 4
00700-B Attachment No. 2 to General Conditions 7
SUPPLEMENTARY
00811 Wage Scale for Engineering Construction 2
4/00 00700-i
CITY OF PEARLAND
GENERAL CONDITIONS
GENERAL CONDITIONS OF AGREEMENT
TABLE OF CONTENTS
Page
No.
1. DEFINITIONS AND INTERPRETATIONS 1
1.01 Owner, Contractor and Engineer 1
1.02 Contract Documents 1
1.03 Subcontractor 1
1.04 Written Notice 1
1.05 Work 2
1.06 Extra Work 2
1.07 Working Day 2
1.08 Calender Day 2
1.09 Substantially Completed 2
1.10 Interpretation of Words and Phrases 2
1.11 Referenced Standards 3
1.12 Special Conditions 3
2. RIGHTS AND RESPONSIBILITIES OF THE OWNER 3
2.01 Adequacy of Design 3
2.02 Right of Entry 3
2.03 Ownership of Drawings 3
2.04 Changes and Alterations 3
2.05 Damages 4
3. RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 4
3.01 Owner -Engineer Relationship 4
3.02 Keeping of Plans and Specifications Accessible 4
3.03 Preliminary Approval 5
3.04 Inspection by Engineer 5
3.05 Determination of Questions and Disputes 6
3.06 Objections 6
3.07 Recommendation of Payment 6
4/00 00700-ii
CITY OF PEARLAND
GENERAL CONDITIONS
4. RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 7
4.01 Independent Contractor 7
4.02 Contractor's Understanding 7
4.03 Laws and Ordinances 7
4.04 Assignment and Subletting 8
4.05 Performance and Payment Bonds 8
4.06 Insurance 8
4.07 Certificate of Insurance 10
4.08 Permits and Fees 10
4.09 Texas State Sales Tax 11
4.10 Contractor's Duty and Superintendence 11
4.11 Character of Workers 11
4.12 Labor, Equipment, Materials, Construction Plant and Buildings 11
4.13 Sanitation 12
4.14 Cleaning and Maintenance 12
4.15 Performance of Work 12
4.16 Right of Owner to Modify Methods and Equipment 12
4.17 Layout of Work 12
4.18 Shop Drawings 12
4.19 Engineer -Contractor Relationship; Observations 13
4.20 Observation and Testing 13
4.21 Defects and Their Remedies 14
4.22 Liability for Proper Performance 14
4.23 Protection Against Accident To Employees and the Public 15
4.24 Protection of Adjoining Property 16
4.25 Protection against Claims of Subcontractors, Laborers, Materialmen and Furnishers of
Machinery and Supplies 16
4.26 Protection Against Royalties or Patented Invention 16
4.27 Indemnification 17
4.28 Losses From Natural Causes 18
4.29 Guarantee 18
5. PROSECUTION AND PROGRESS 18
5.01 Time and Order of Completion 18
5.02 Extension of Time 19
5.03 Hindrances and Delays 19
5.04 Liquidated Damages for Delay 19
4/00 00700-iii
CITY OF PEARLAND
GENERAL CONDITIONS
6. MEASUREMENT AND PAYMENT 20
6.01 Discrepancies and Omissions 20
6.02 Quantities and Measurements 20
6.03 Estimated Quantities 20
6.04 Price of Work 21
6.05 Payments 21
6.06 Partial Payments 21
6.07 Use of Completed Portions 22
6.08 Final Completion and Acceptance 22
6.09 Final Payment 23
6.10 Correction of Work Before Final Payment 23
6.11 Correction of Work After Final Payment 23
6.12 Payments Withheld 24
6.13 Delayed Payments 24
7. EXTRA WORK AND CLAIMS 25
7.01 Change Orders 25
7.02 Minor Changes 25
7.03 Extra Work 25
7.04 Time of Filing Claims 27
8. ABANDONMENT OF CONTRACT 27
8.01 Abandonment by Contractor 27
8.02 Abandonment by Owner 29
9. ARBITRATION 29
9.01 Arbitration 29
ATTACHMENT NO. 1 - WORKER'S COMPENSATION INSURANCE COVERAGE Al
ATTACHMENT NO. 2 - AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S
SWORN RELEASE B1
4/00 00700-iv
CITY OF PEARLAND
GENERAL CONDITIONS
SECTION 00700
GENERAL CONDITIONS OF AGREEMENT
1.0 DEFINITIONS AND INTERPRETATION
1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and
the ENGINEER are those persons or organizations identified as such in the Agreement. The term
ENGINEER means a person authorized to act as a representative of the entity designated by the
OWNER to provide engineering services required in connection with the preparation and performance
of this Contract.
1.02 CONTRACT DOCUMENTS. The contract documents shall consist of all of the
documents contained, assembled and bound with these General Conditions of Agreement, including,
whether or not labeled as such, Notice to Bidders (Advertisement) General Instructions to Bidders,
Proposal, Addenda, signed Agreement, Performance and Payment Bonds (if required), Special Bonds
(when required) General Conditions of Agreement Special Conditions of Agreement (if any), Insurance
Certificate, Technical Specifications, Plans and all modifications thereof incorporated in any of the
documents before the execution of the Agreement and any other document, whether or not labeled,
which shall become a part of the set of documents bound together with the General Conditions of
Agreement.
The contract documents are complementary, and what is called for by any one shall be as binding as if
called for by all. Any conflicts between any of the contract documents shall be resolved first by
reference to these General Conditions of Agreement; and in the event the General Conditions of
Agreement do not address such conflict, then the designated ENGINEER shall resolve any conflict by a
written interpretation, copies of which shall be forwarded to all parties to the Contract, and the original
shall be attached to and shall become a part of these General Conditions of Agreement and thus a part of
the contract documents.
1.03 SUBCONTRACTOR. The team "subcontractor", as employed herein, includes only
those having a direct contract with the CONTRACTOR for performance of work on the project
contemplated by these contract documents. OWNER shall have no responsibility to any subcontractor
employed by CONTRACTOR for performance of work on the project contemplated by these contract
documents and any such subcontractor shall look exclusively to CONTRACTOR for any payments due
subcontractor.
1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if
delivered in person to the individual or to a member of the firm or to an officer of the corporation 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, firm or corporation.
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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 covered by the contract documents. Unless
otherwise specified, all materials shall be new, and both workmanship and materials shall be of good
quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER,
furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in
words which so applied have well-known, technical or trade meaning shall be held to refer to such
recognized standards. All work shall be done and all materials shall be furnished in strict conformity
with the contract documents.
1.06 EXTRA WORK. The team "Extra Work", as used in this Contract, shall be understood to
mean and include all work that may be required by the ENGINEER as representative of the OWNER, to
be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown
upon the plans or reasonably implied by the specifications, and which shall, prior to the commencement
of such work, be authorized in writing by the ENGINEER.
1.07 WORKING DAY. A "working day" is defined as any day not including Saturdays,
Sundays or any legal holidays, in which weather or other conditions not under the control of the
CONTRACTOR, will permit construction of the principal units of the work for a period of not less than
seven (7) hours between 7:00 a.m. and 6:00 p.m.
1.08 CALENDAR DAY. A "calendar day" is any day of the week or month, no days being
excepted.
1.09 SUBSTANTIALLY COMPLETED. The term "substantially completed", as used in this
Contract, means that the structure or project contemplated by the contract documents has been made
suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but shall
require minor miscellaneous work and adjustment.
1.10 INTERPRETATION OF WORDS AND PHRASES Whenever the words "directed",
"permitted", "designated ' ` required", "considered necessary", "prescribed" or words of like import are
used, it shall be understood that the direction, requirement, permission, order, designation or prescription
of the ENGINEER as the OWNER's representative is intended. Similarly, the words approved",
"acceptable' , satisfactory' or words of like import shall mean that no exception is taken, but does not
relieve CONTRACTOR of responsibility for performance of project requirements.
Whenever in the Specifications or drawings accompanying this Agreement, 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
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representative, and said work shall be done in accordance with his interpretations of the meaning of the
words, terms or clauses defining the character of the work.
1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or
manual shall be effective to change the duties and responsibilities of the Owner, Engineer Contractor, or
their consultants, employees or representatives from those set forth in the Contract Documents, nor shall
it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or
authority to supervise or direct the furnishing or performance of the Work or any duty or authority to
undertake responsibilities contrary to provisions of the Contract Documents.
1.12 SPECIAL CONDITIONS. In the event special conditions are contained herein as part of
the contract documents and said special conditions conflict with any of the general conditions contained
in this Contract, then in such event the special conditions shall control.
2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER
2.01 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed
competent engineers and/or designers. It is, therefore, agreed that the OWNER shall be responsible for
the adequacy of the design, sufficiency of the contract documents, the safety of the structure and the
practicability of the operations of the completed project, provided that the CONTRACTOR has
complied with the requirements of the said 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 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 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 shall have no cause to complain if his work shall be delayed
by reason of such inspection, construction or installation of collateral work.
2 03 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof
furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming
the part of the signed contract documents, are to be returned to the OWNER on request at the completion
of the work. All drawings and models are the property of the OWNER.
2.04 CHANGES AND ALTERATIONS The CONTRACTOR further agrees that the Owner
may make such changes and alterations as the OWNER may see fit, in the line, grade form, dimensions,
plans or materials 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 accompanying
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Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the
basis for a claim for damages or anticipated profits on the work that may be dispensed with. 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, except as hereinafter provided for unit price items under Article 6 of this
Contract; otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra
Work. In case the OWNER shall make such changes or alterations as shall make useless any work
already done or material already furnished or used in said work, then the OWNER shall compensate the
CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change
due to actual expenses incurred in preparation for the work as originally planned.
2.05 DAMAGES In the event the CONTRACTOR is damaged in the course of the completion
of the work by the act, negligence, omission, mistake or default of the OWNER, thereby causing loss to
the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR for such loss. 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. The
ENGINEER shall advise the OWNER as to the progress of the work and. any instructions by the
OWNER to the CONTRACTOR 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 adjusted as hereinafter provided. Unless
otherwise specified, it is mutually agreed between the parties to this Agreement that the ENGINEER
shall review all work included herein and shall have the authority to issue written stop work orders
whenever such stoppage may be necessary to insure the proper execution of this Contract.
3 02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall
furnish the CONTRACTOR with ten (10) complete copies of all Plans and Specifications without
expense to the CONTRACTOR, and the CONTRACTOR shall keep one copy of the same constantly
accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be
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responsible for preserving the Plans and Specifications for reference and review by the OWNER or the
ENGINEER
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 good material, and
for perfonmiing good work as herein described, and in full accordance with the Plans and Specifications,
without alteration, deletion or change. No failure or omission of the ENGINEER to discover, object to
or condemn any defective work or material shall release the CONTRACTOR from the obligation to
fully and properly perform the Contract, including without limitation, the obligation to at once tear out,
remove and properly replace any defective work or material at any time prior to final acceptance, upon
discovery of such defective work or material; provided, however, that the ENGINEER shall, upon
request of the CONTRACTOR, inspect and accept or reject any material furnished, and in the event the
material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER,
unless it can be clearly shown that such material furnished does not meet the specifications for this
work.
Any questioned work may be ordered taken up or removed for re-examination by the ENGINEER prior
to final acceptance, and if found not to be in accordance with the specifications for said work, all
expense of removing, re-examination and replacement shall be borne by the CONTRACTOR otherwise
the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER,
provided that where inspection or approval is specifically required by the Specifications prior to
performance of certain work should the CONTRACTOR proceed with such work without requesting
prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if
so directed by the ENGINEER.
3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to
observe the progress and quality of the executed work and to determine if such work generally meets the
essential performance and design features and the technical, functional and/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.
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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
amounts and quantities of the several kinds of work which are to be paid for under this Contract. The
ENGINEER shall determine all questions in relation to said work and the construction thereof, as well as
all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating
to the execution or progress of the work or the interpretation of the contract documents. In the event the
ENGINEER shall become aware of or shall receive information that there is a dispute or a possible
dispute as to the reasonable interpretation of the terms and conditions of the contract documents, or any
other dispute, claim or question, the ENGINEER shall, within a reasonable time, provide a written
interpretation of the contract documents or a written decision on all claims of the parties hereto and on
all questions arising relative to the execution of the work, copies of which shall be delivered to all
parties to the Contract, and the original thereof shall become a part of the contract documents and shall
be binding and final as to all parties to the Contract.
3.06 OBJECTIONS. In the event the ENGINEER renders any decision which, in the opinion
of either the OWNER or the CONTRACTOR, is not in accordance with the meaning and intent of this
Contract, either party may within thirty (30) days of receipt of such decision, file its written objection to
the decision with the ENGINEER; and the ENGINEER shall, upon receipt of such written objection and
within twenty (20) days thereafter, review the same and render a written affirmation or modification of
the original interpretation, which shall become a part of the contract documents Either party who shall
remain aggrieved after the ENGINEER has rendered his affirmation or modification of his previous
decision, shall have the right, within a period not to exceed sixty (60) days after the ENGINEER has
filed his affirmation or modification of the decision with the District Secretary, to file suit in the District
Court, seeking a declaratory judgment or other relief to determine the intent of the contract documents.
If any aggrieved party shall fail to file such a petition with the District Court within the time specified,
the decision of the ENGINEER shall become final and binding and non -appealable.
3.07 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 to be a representation by the
ENGINEER that any examination has been made to determine how or for what purpose
CONTRACTOR has used the monies paid on account of the contract price As a condition of final
payment, the CONTRACTOR shall execute an Agreement for Final Payment and Contractor's Sworn
Release, in a foitu as included herein and made a part of these contract documents, being its agreement
to accept the amount recommended by the ENGINEER as full payment for the work that has been
completed as set out in the CONTRACTOR's application for payment and supporting data.
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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 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. The fact that the OWNER or
ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR s work
during his perfou nance 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, 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
and intent of all of the contract documents and understands the meanings of all parts of such documents
or other factors affecting the work, which were not previously understood. 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, ordinances and regulations, regardless of whether the same
are adopted before or after the execution of this Contract, which in any manner affect the Contract or the
work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim
arising out of the violation of any such laws, ordinances and regulations, whether by the
CONTRACTOR or his employees. If the CONTRACTOR observes that the Plans and Specifications
are at variance with federal or state laws 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, ordinances, rules and regulations, and without such notice to the ENGINEER, he shall bear all
costs arising therefrom.
The OWNER is a Political Subdivision of the State of Texas, and the law from which it denves its
powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions
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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 The Code of Ordinances and other
applicable regulations of the OWNER shall be deemed to be embodied in this Contract.
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 without the written consent of
the ENGINEER, 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 AND PAYMENT BONDS. In the event the contract price shall be in
excess of $25,000.00, the CONTRACTOR shall execute separate Performance and Payment Bonds
each in the sum of one hundred percent (100%) of the total contract price, which shall be increased at
any time to cover any change orders, additives or add-ons, in accordance with the provisions of Chapter
2253 of the Texas Government Code. If the contract price does not exceed $25 000.00, the statutory
bonds will not be required. All required bonds shall be submitted on forms approved by the OWNER
for this purpose, guaranteeing the faithful performance of the work and fulfillment of any guarantees
required, and further guaranteeing payment to all persons supplying labor and materials or furnishing
him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect
until such Performance and Payment Bonds are furnished and approved by the OWNER.
Each such bond shall be executed by a corporate surety or corporate sureties duly authorized to do
business in the State of Texas. The cost of the premium for the Performance and Payment Bonds shall
be included in the CONTRACTOR's Proposal
4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and
keep in force throughout the life of this Contract, and for one additional year, insurance as hereinafter
specified. 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 separate policies shall be provided covering the operation of
each subcontractor.
No policy shall be written on a ` claims made" foul'. The OWNER, the ENGINEER, their agents and
employees shall be named as additional insureds on CONTRACTOR S Commercial General Liability,
Automobile Liability and excess or Umbrella Liability policies. OWNER may waive the additional
insured requirement under the Commercial General Liability policy if an owner's and contractor's
Protective Liability policy with general aggregate limits of $2,000,000.00, with $1,000,000.00 per
occurrence limit, is provided. The contractual liability coverage in the Commercial General Liability
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GENERAL CONDITIONS
policy shall not be excluded.
The following insurance coverages will be carried and certified.
(1)
Worker's Compensation Insurance and Employer's Liability Insurance.
Attachment No. 1 to these General. Conditions contains statutory requirements for
Worker's Compensation Insurance. The Employer's Liability Insurance shall have limits
as follows:
Bodily injury by accident: $500,000
each accident.
Bodily injury by disease: $500,000
policy limit.
Bodily injury by disease: $500,000
each employee.
(2) Commercial General Liability Insurance:
Including Contractor's Protective Liability, Broad
Form Property Damage, Contractual Liability,
Bodily Injury, Personal Injury, and Products and
Completed Operations (for a period of one year
following completion of the Work under this
Agreement)
(3)
Combined single limit of $1,000,000 each occurrence,
Subject to general aggregate $2,000,000; Products and
Completed Operations, $1,000,000 aggregate
Automobile Liability Insurance:
Bodily injury per person: $250,000.
Bodily injury per accident: $500,000.
Property damage: $250,000.
Or a policy providing combined single limits of $750,000.
(4) OWNER, at its own discretion, may require an umbrella or excess limits liability policy.
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(5)
All coverages shall be endorsed to waive the carrier's right of subrogation against the
Owner.
In the event the CONTRACTOR shall fail to provide insurance as herein required, or be subject to
claim, demand or litigation growing out of or arising from a claim not contemplated herein such failure
on the part of the CONTRACTOR shall not serve to release or in any way discharge or shift the liability
of the CONTRACTOR to the ENGINEER or OWNER; BUT THE CONTRACTOR DOES HEREIN
AGREE TO INDEMNIFY AND HOLD THE ENGINEER AND OWNER HARMLESS FROM ANY
AND ALL CLAIMS GROWING OUT OF OR ARISING BY REASON OF ANY OF THE
CIRCUMSTANCES HEREIN ENUMERATED, OR ANY OTHER CLAIMS OR DEMANDS MADE
BY ANY PERSON, GROWING OUT OF OR ARISING BY REASON OF THE WORK PERFORMED
BY THE CONTRACTOR.
4.07 CERTIFICATE OF INSURANCE Within ten (10) days after notification of award of
Contract, the CONTRACTOR and each subcontractor shall submit to the OWNER for approval,
certificates of insurance covering each insurance policy carried and offered as evidence of compliance
with the above insurance requirements, signed by an authorized representative of the insurance
company, setting forth:
(1) The name and address of the insured;
(2) The location of the operations to which the insurance applies;
(3)
The name of the policy and type or types of insurance in force thereunder on the date
borne by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date
borne by such certificates.
(5)
A statement that the insurance of the type afforded by the policy applies to all of the
operations of whatever character, which are undertaken by the insured during the
performance of this Contract, provided such operations are required in the performance of
the Contract;
(6) A provision that the policy may be canceled or materially changed only by mailing
written notice to the named insured at the address shown in the policy, stating when, not
less than thirty (30) days thereafter, cancellation or change of such policy shall be
effective, with a copy of such letter of intent to the OWNER.
4.08 PERMITS AND FEES Unless otherwise provided in the Contract Documents, the
Contractor shall secure and pay for all construction permits, licenses, and inspections necessary for
proper execution and completion of the Work and which are legally required at the time bids are
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received.
4.09 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from
State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H.
The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which
shall enable him to buy the materials to be incorporated into the work without paying tax at the time of
purchase.
4.10 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 employee or 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 grounds for suspending operations of the CONTRACTOR.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR.
Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the
acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any
other persons performing any of the work.
4.11 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.
4.12 EQUIPMENT, MATERIALS, CONSTRUCTION PLANT AND BUILDINGS. The
CONTRACTOR shall provide all labor, tools, equipment, machinery 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.
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The building of structures for housing workers, or the erection of tents or other forms of protection, will
be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the
grounds in or about such structures shall at all times be maintained in a manner satisfactory to the
ENGINEER. Any structures of any nature constructed 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 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, construction or maintenance of
CONTRACTOR's buildings.
4.13 SANITATION. Necessary sanitary conveniences for the use of laborers 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 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, construction or maintenance of
CONTRACTOR's buildings.
4.14 CLEANING AND MAINTENANCE The CONTRACTOR shall at all times keep and
maintain the premises free from accumulation of debris caused by the work, and at the completion of the
work, he shall remove all such debris and also his tools, scaffolding and surplus materials and shall leave
the work broom -clean or its equivalent. The work shall be left in good order and condition. In case of
dispute, the OWNER may remove the debris and charge the cost to the CONTRACTOR.
4.15 PERFORMANCE OF WORK It is further agreed that it is the intent of this Contract that
all work must be done and all material must be furnished in accordance with the generally accepted
practice for such materials furnished or work completed.
4.16 RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT. If at any time the
methods or equipment used by the CONTRACTOR are found to be inadequate to secure rate of progress
required under this Contract, the OWNER or the ENGINEER as the OWNER's representative may
order the CONTRACTOR in writing to improve their efficiency, and the CONTRACTOR shall comply
with such order.
If at any time the working force of the CONTRACTOR is inadequate for securing the progress herein
specified, the CONTRACTOR shall, if so ordered in writing, increase his force or equipment, or both, to
such an extent as to give reasonable assurance of compliance with the schedule of progress.
4.17 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall
be responsible for laying out work and shall accomplish this work in a manner acceptable to the
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ENGINEER.
4.18 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such
promptness as to cause no delay in his own work or in that of any other contractor, six (6) checked
copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the
work of the various trades. Contractor will check and approve shop drawings for compliance with
requirements of Contract 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
drawings or specifications, unless he has, in writing, called the ENGINEER's attention to such
deviations at the time of the submission, and the ENGINEER has acknowledged such deviations in
writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules.
It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to
ascertain their effect on his ability to perform the required contract work in accordance with the Plans
and Specifications and within the contract time.
Such review by the ENGINEER shall be for the sole purpose of deteuuinning the sufficiency of said
drawings or schedules to result in finished improvements in conformity with the Plans and
Specifications, 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, as set out in the contract documents.
4.19 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, supervisors 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, and to see that said material is furnished and said work is done in accordance with the
specifications therefor. The CONTRACTOR shall furnish all reasonable aid and assistance required by
the subordinate engineers, supervisors 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 supervisors or observers so appointed, when such directions and instructions are consistent
with the obligations of this Agreement and accompanying Plans and Specifications, provided, however,
should the CONTRACTOR object to any orders by any subordinate engineer, supervisor or observer,
the CONTRACTOR may, within six (6) days, make written appeal to the ENGINEER for his decision.
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4.20 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's
representative shall have the right at all reasonable times to observe and test the. work. The
CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such
observation and testing at any location wherever work is in preparation or progress. The
CONTRACTOR shall ascertain the scope of any observation 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. 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 errors, 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 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 shall be corrected at the
CONTRACTOR'S expense.
Neither observations by the OWNER or by the ENGINEER, nor inspections, 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.
4.21 DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part
thereof, or any material brought on the site of the work for use in the work or selected for the same, shall
be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Specifications, 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.
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4.22 LIABILITY FOR PROPER PERFORMANCE Engineering construction drawings and
specifications, as well as any additional instructions and information concerning the work to be
performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the
CONTRACTOR to deviate from the Plans and Specifications contained as a part of the contract
documents, the intent of such drawings, specifications and any other such instructions being to define
with particularity the agreement of the parties as to work the CONTRACTOR is to perform.
CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for
design, construction, installation and use or non-use of all items and methods incident to the
performance of the Contract, including, without limitation, the adequacy of all temporary supports,
shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or
devices used by him during construction, and work performed either directly or incident to construction,
and for all loss, damage or injury incident thereto, either to person or property, whether such damage be
suffered by the ENGINEER the OWNER or any other person not a party to this Contract.
Any review of work in progress or any visit or observation during construction, or any clarification of
Plans and Specifications 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
perfouned, as measured against the drawings and specifications which are part of the Contract, or for the
purpose of enabling the CONTRACTOR to more fully understand the Plans and Specifications so that
the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR
from full and complete responsibility for proper performance of his work on the project, including,
without limitation the propriety of means and methods of the CONTRACTOR in performing said
Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance.
Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any
clarification of Plans and Specifications shall not constitute a waiver of CONTRACTOR'S liability for
damages as herein set out. Deviation by the CONTRACTOR from Plans and Specifications, whether
called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his
responsibility to complete all work in accordance with said Plans and Specifications,and further shall
not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out.
4.23 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The
CONTRACTOR shall take out and procure a policy or policies of Worker's Compensation Insurance
with an insurance company licensed to transact business in the State of Texas, which policy shall
comply with the Worker's Compensation laws of the State of Texas. The CONTRACTOR shall at all
times exercise reasonable precautions for the safety of employees and others on or near the work and
shall comply with all applicable provisions of federal, state and municipal laws and building and
construction codes. All machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of the Associated General
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GENERAL CONDITIONS
Contractors of America, except where incompatible with federal, state or municipal laws or regulations.
The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks
and other safety devices.
All accidents or injuries to CONTRACTOR's employees working on the job site must be reported to the
ENGINEER immediately.
The safety precautions actually taken and their adequacy shall be the sole responsibility of the
CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the
Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the
OWNER's representative concerning omissions under this paragraph as the work progresses, are
intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption
of duty to supervise safety precautions by either the CONTRACTOR or any of his subcontractors.
4.24 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 adjoining property. THE
CONTRACTOR AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS THE OWNER AND
ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES DUE TO ANY INJURY TO
ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE
PERFORMANCE OF THE CONTRACT.
4.25 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS,
MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES.
THE CONTRACTOR AGREES THAT HE WILL INDEMNIFY, SAVE AND HOLD THE OWNER
AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE LAWFUL
DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN
AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT POWER TOOLS
AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF
THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR
shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been
paid, discharged or waived.
If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay
directly any unpaid bills of which the OWNER has written notice, or withhold from the
CONTRACTOR s unpaid compensation a sum of money deemed reasonably sufficient to liquidate any
and all such lawful 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.
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GENERAL CONDITIONS
Any and all communications between any parties under this paragraph shall be in writing.
4.26 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 ON ACCOUNT
THEREOF, EXCEPT THAT THE OWNER SHALL DEFEND ALL SUCH SUITS AND CLAIMS
AND SHALL BE RESPONSIBLE FOR ALL SUCH LOSS WHEN A PARTICULAR DESIGN,
DEVICE MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER
OR MANUFACTURERS IS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED,
HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS
ALLOWED TO THE CONTRACTOR, THEN THE CONTRACTOR SHALL INDEMNIFY, SAVE
AND HOLD THE OWNER HARMLESS FROM ANY LOSS ON ACCOUNT THEREOF. In addition,
if the material or process specified or required by the OWNER is an infringement, the CONTRACTOR
shall be responsible for such loss unless he promptly advises the OWNER of such infringement.
4 27 INDEMNIFICATION. The CONTRACTOR shall be solely responsible for the safety of
himself, his employees and all other persons as well as for the protection of the improvements being
erected and the property of himself or any other person, as a result of his operations hereunder. THE
CONTRACTOR AGREES TO 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, WORKING CONDITIONS OR ANY OTHER
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 AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES,
CLAIMS, LOSSES, DEMANDS SUITS, 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,
AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF
THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT,
JUDGMENT, COST OR EXPENSE*
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GENERAL CONDITIONS
(1) 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
(2) IS 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 BY A
PARTY INDEMNIFIED HEREUNDER.
The obligation of the CONTRACTOR under this Agreement shall not extend to the liability of the
ENGINEER, his agents or employees, arising out of the preparation or approval of maps, drawings,
reports, surveys, designs or specifications, or the giving of or the failure to give directions or instructions
by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause
of the injury or damage.
4.28 LOSSES FROM NATURAL CAUSES. All loss or damage to the CONTRACTOR
arising out of the nature of the work to be done or from any unforeseen circumstances in the prosecution
of the same, or from the action of the elements, or from unusual obstructions or difficulties which may
be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at
his own cost and expense.
4.29 GUARANTEE. The CONTRACTOR shall furnish the OWNER with a written guarantee
on all workmanship and materials provided by him for the project. The written guarantee shall be made
out to the OWNER and in a form satisfactory to the OWNER'S legal counsel, guaranteeing all the work
under the Contract to be free from faulty material in every particular and free from improper
workmanship; and against unusual damage from proper and usual use; and agreeing to replace or to re -
execute without cost to the OWNER such work as may be found to be improper or imperfect, 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 be made to cover a period of one year from
the date of acceptance of work under the Contract, as evidenced by the OWNER'S Certificate of
Accceptance, of the work Neither the Certificate of Acceptance final payment, nor any provision in the
Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty material
or workmanship during the period covered by the guarantee. The one year period of any guarantee
clauses will not limit the OWNER'S other rights under common law to have defects remedied when
discovered after one year.
5. 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
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GENERAL CONDITIONS
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, the Plans and Specifications, and within the time of completion designated in the Proposal;
provided, also, that when the OWNER is having other work done, either by contract or by his own force,
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.
The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER,
schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with
dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of
completion of the several parts.
5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his 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 completion of the work has been delayed by
any act or neglect of the OWNER, the ENGINEER, or any employee of either, by other contractors
employed by the OWNER, by changes ordered in the work, by strikes, lockouts, fires and unusual delays
by common carriers, by unavoidable cause or causes beyond the CONTRACTOR'S control or by any
cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the
ENGINEER prompt notice, in writing, of the cause of such delay; and within ten (10) days after receipt
of a written request for an extension of time shall from the CONTRACTOR supported by all requested
documentation, the ENGINEER shall submit such written request, together with his written
recommendation, to the OWNER for consideration, and the OWNER shall grant an extension of time for
completing the work, sufficient to compensate for the delay.
5.03 HINDRANCES AND DELAYS. In executing the Contract Agreement, 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 hindrances and delays incident to such work,
whether growing out of delays in securing material or workmen or otherwise. No claim shall be made
by the CONTRACTOR for damages resulting from 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 by
order of the OWNER, or the ENGINEER as the OWNER's representative for the OWNER's
convenience, in which event such expense as in the judgement of the ENGINEER is caused by such
stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
5.04 LIQUIDATED DAMAGES FOR DELAY. It is understood and agreed that time is of the
essence, and that the CONTRACTOR will commence said work on the date specified and will complete
said work within the time specified in the Proposal. It is expressly understood and agreed, by and
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GENERAL CONDITIONS
between the CONTRACTOR and the OWNER, that the time for the completion of the work described
herein is reasonable time for the completion of the same, taking into consideration the average climatic
range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR
further agrees that a breach of this Contract as to completion on time will cause damage to the OWNER
and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore,
the parties agree that for each and every calendar day the work or any portion thereof shall remain
uncompleted after the expiration of the time hmit set in the Contract or as extended by the OWNER, the
CONTRACTOR shall pay, as minimum liquidated damages, and not as a penalty, the amount set out in
the Proposal.
However, the foregoing agreement as to liquidated damages constitutes only an agreement by the
OWNER and the CONTRACTOR as to the minimum amount of damages which the OWNER will
sustain in any event by reason of the CONTRACTOR'S failure to complete the work within the specified
time. Should the OWNER suffer damage over and above the minimum amount specified, by reason of
the CONTRACTOR'S failure to begin the work when ordered, carry it forward uninterruptedly after
beginning, or complete it within the specified time in strict accordance with the Plans and Specifications,
the OWNER may recover such additional amount.
The OWNER shall have the right to deduct and withhold the amount of any and all such damages
whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said
CONTRACTOR or the OWNER may recover such amount from the CONTRACTOR and the sureties of
his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any
one nor be deemed to have made an election by proceeding to enforce any one remedy.
6. MEASUREMENT AND PAYMENT
6.01 DISCREPANCIES AND OMISSIONS. It is agreed that it is the intent of this Contract
that all work described in the Proposal, the Plans and Specifications and other contract documents, is to
be done for the prices quoted by the CONTRACTOR and that. such price shall include all appurtenances
necessary to complete the work in accordance with the intent of these contract documents as interpreted
by the ENGINEER. If the CONTRACTOR finds any discrepancies or omissions in these Plans,
Specifications or contract documents, he should notify the ENGINEER and obtain a clarification 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 included and has
provided sufficient sums in his Proposal to complete the work in accordance with these Plans and
Specifications. 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, solid contents, number and
weight only shall be considered, unless otherwise specifically provided.
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6.03• ESTIMATED QUANTITIES. This Agreement, including the Specifications Plans and
estimate, is intended to show clearly 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 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 somewhat from the estimates and that the items listed or estimated quantities stated shall not
give rise to a claim by the CONTRACTOR against the OWNER for compensation, unless the work shall
have actually been authorized, and performed and material supplied.
Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no
claim for damages, anticipated profits or otherwise, on account of any differences which may be found
between the quantities of work actually done and the material actually furnished under this Contract and
the estimated quantities contemplated and contained in the Proposal.
6.04 PRICE OF WORK. In consideration of the furnishing of all the necessary labor,
equipment and material and the completion of all work by the CONTRACTOR, and upon the
completion of all work and the delivery of all materials embraced in this Contract in full conformity with
the specifications and stipulations herein contained, the OWNER agrees to pay to the CONTRACTOR
the prices set forth in the Proposal attached hereto, which is made a part of this Contract, for the material
actually used and services actually performed; however, the OWNER does not assume any obligation to
pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to
receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid
work, and for all expenses incurred by him, and for full performance of the work and the whole thereof
in the manner and according to this Agreement, the attached Plans and Specifications and contract
documents, and the requirements of the ENGINEER.
6.05 PAYMENTS. No payments made 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 or
payment be considered as acceptance of defective work. CONTRACTOR shall, at any time requested
during the progress of the work, furnish the OWNER or the ENGINEER with a verifying certificate
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 outstanding liens against OWNER s premises by reason of any work under the Contract. Acceptance
by CONTRACTOR of final payment of the contract price shall constitute a waiver of claims against
OWNER which have not theretofore been timely filed as provided in this Contract.
6.06 PARTIAL PAYMENTS. On or before the tenth day of each month, the CONTRACTOR
shall prepare and submit to the ENGINEER, for approval or modification, an application for partial
payment being a statement showing as completely as practicable, the total value of the work done by the
CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall
also include the value of all sound materials to be fabricated into the work and stored in accordance with
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GENERAL CONDITIONS
manufacturer s recommendation at the Contractor's fully secured and insured designated area. No
payment will be made for materials stored until Owner has accepted the Contractor's designated area and
proof of insurance for materials stored has been provided. The ENGINEER shall then review such
statement and application for partial payment and the progress of the work made by the CONTRACTOR
and, if found to be in order, shall prepare a certificate for partial payment and shall deliver his
certifications for payment to the OWNER and the CONTRACTOR.
The CONTRACTOR shall then prior to payment by the OWNER, certify and attest to the certification
that he is in accord with the certification and agrees to accept the amounts set out therein and the total
set out therein for the work and for the prices contained in the certification. If the CONTRACTOR does
not agree or desires to protest the ENGINEER's certification, the same shall not be certified by the
ENGINEER to the OWNER for payment until such dispute has been resolved, and the CONTRACTOR
agrees that any claim by the CONTRACTOR for additional compensation, of any nature whatsoever, not
contained in the ENGINEER's certification, shall be waived, and further contracts and agrees, upon
acceptance of the CONTRACTOR's payment, that this shall constitute full and final payment for work
performed by the CONTRACTOR contained in the CONTRACTOR's statement which shall be attached
to the ENGINEER's certification.
The OWNER shall then pay the CONTRACTOR, within thirty (30) days of receipt of the ENGINEER's
recommendation for payment, the total amount of the ENGINEER's Certificate of Partial Payment, less
ten percent (10%) of the amount thereof, up to and including the first Four Hundred Thousand
($400,000 00) dollars and five percent (5%) on the amount thereafter. Such retainage shall be retained
until final payment 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, 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, subject only to the conditions set
forth under "6.09 FINAL PAYMENT."
The Owner at its option and in compliance with state law may reduce retainage to less than the above -
stated percentages
6.07 USE OF COMPLETED PORTIONS. 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 be
entitled to such extra compensation or extension of time, or both, as may be determined in accordance
with the provisions of this Agreement.
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The CONTRACTOR shall notify the ENGINEER, by letter executed by a duly qualified officer of
CONTRACTOR, that in CONTRACTOR'S opinion, the Contract is "substantially completed". When
so notifying the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER, in writing a detailed
list of unfinished work. The ENGINEER will review the CONTRACTOR s list of unfinished work and
will add thereto such items as the CONTRACTOR failed to include. The substantial completion of the
structure or facility shall not. excuse the CONTRACTOR from perfoinniing all of the work undertaken,
whether of a minor or major nature, and thereby completing the structure or facility in accordance with
the contract documents.
6.08 FINAL COMPLETION AND ACCEPTANCE Within ten (10) days after the
CONTRACTOR has given the ENGINEER written notice that the work has been completed or
substantially completed, the ENGINEER and the OWNER shall inspect the work; and within said time
if the work be found to be completed or substantially completed in accordance with the contract
documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of
Completion. Thereupon, it shall be the duty of the OWNER, within ten (10) days, to issue a Certificate
of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the
reason for non -acceptance.
6.09 FINAL PAYMENT. Upon the issuance of the CERTIFICATE of Completion and
OWNER's Certificate of Acceptance, the ENGINEER shall proceed to make final measurements and
prepare a final statement of the value of all work performed and materials furnished under the terms of
the Agreement and shall present the same to the CONTRACTOR for acceptance. The CONTRACTOR,
if he finds such statement to be in order, including all work upon which a claim for payment may be
made, shall note his acceptance thereon; and by accepting the same, the CONTRACTOR agrees to
release any and all claims of any nature whatsoever against the OWNER or the ENGINEER, growing
out of or by reason of the performance of the Contract, the construction of the work, for Extra Work, or
for any other reason whatsoever, either growing out of the Contract and the documents attached thereto
or otherwise. In addition, the CONTRACTOR shall execute a full and final release in a form provided
by the OWNER, a copy of which, titled ` Attachment No. 2 to General Conditions", is attached to these
contract documents and made a part hereof, which shall be presented to the OWNER with the
ENGINEER's final statement and any Change Orders or additions or deletions therefrom, duly attested
by the CONTRACTOR, requesting payment.
The OWNER shall pay to the CONTRACTOR, on or after the 30th day and before the 35th day after the
date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of the
Agreement, provided the CONTRACTOR has duly executed and returned all documents requiring
execution or approval as herein provided, or as may be provided by the OWNER, and that he has fully
performed his contractual obligations under the terms of this Contract. Neither the Certificate of
Acceptance nor the final payment nor any provision in the contract documents shall relieve the
CONTRACTOR of the obligation for fulfillment of any warranty which may be required by law or by
the contract documents.
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6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT •The CONTRACTOR shall
promptly remove from OWNER's premises all materials deemed unsuitable by the ENGINEER on
account of failure to conform to the Contract whether actually incorporated in the work or not, and
CONTRACTOR shall, at his own expense, promptly replace such unsuitable materials with other
materials confoiining to the requirements of the Contract. The CONTRACTOR shall also bear the
expense of restoring all work of other contractors damaged by any such removal or replacement. If
CONTRACTOR does not remove and replace any such unsuitable work within a reasonable time after
receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and
remedy such work at CONTRACTOR's expense.
6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. Neither the final payment nor
certificate nor any provision in this Contract shall relieve the CONTRACTOR of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to
other work resulting therefrom, which shall appear within a period of one (1) year from the date of
substantial completion. The OWNER or the ENGINEER shall give notice of observed defects with
reasonable promptness.
6.12 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of any certificate or withhold partial or full payment to
such extent as may be necessary to protect himself from loss on account of:
(1) Defective work not remedied;
(2) Claims filed or reasonable evidence indicating probable filing of claims;
(3) Failure of the CONTRACTOR to make payments properly to subcontractors or for
material or labor;
(4) Damage to another contractor;
(5) Reasonable doubt that the work can be completed for the unpaid balance of the contract
amount;
(6) Reasonable indication that the work will not be completed within the contract time.
(7) 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.
(8) Liquidated damages due to late completion.
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When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the
OWNER, which will protect the OWNER in the amount withheld, payment may be made for the
amounts withheld because of them. However, the OWNER shall have the discretion of withholding or
making payment in the event any of items (1) through (8) shall be applicable to the work or progress
thereof.
6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the
CONTRACTOR of the sum named in any partial or final statement, when payment is due, after the same
has been recommended for payment by both the ENGINEER and the CONTRACTOR, and the
CONTRACTOR has met all other conditions stipulated herein or in the contract documents entitling the
CONTRACTOR to payment, then the OWNER shall pay to the CONTRACTOR, in addition to the sum
shown as due by such statement, interest thereon at the rate of six percent (6%) per annum from date
due as provided under `6.06 PARTIAL PAYMENTS" and "6.09 FINAL PAYMENT", until fully
paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in
payment; but the right is expressly reserved to the CONTRACTOR, in the event payments be not
promptly made as provided under "6.06 PARTIAL PAYMENTS", to at any time thereafter treat the
Contract as abandoned by the OWNER and to recover compensation as provided under `8.
ABANDONMENT OF CONTRACT" unless such payments are withheld in accordance with the
provisions of "6.12 PAYMENTS WITHHELD".
7. EXTRA WORK AND CLAIMS
7.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time
or from time to time, order additions, deletions or revisions to the work; such changes will be authorized
by Change Order to be prepared by the ENGINEER for execution by the OWNER and the
CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as
hereinafter set forth for Extra Work, and any change in contract time which may result from the change.
In the event the CONTRACTOR shall refuse to approve a Change Order which has been prepared by the
ENGINEER, the ENGINEER may instruct the CONTRACTOR, in writing, to proceed with the work as
set forth in the Change Order, and the CONTRACTOR may make a claim against the OWNER for Extra
Work involved therein. However, the CONTRACTOR shall only be entitled to payment upon the
execution of the final certification and release in a form as provided for herein, and CONTRACTOR
shall approve such certification before the OWNER shall be obligated to make payment.
7.02 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. If the CONTRACTOR believes that any minor changes or alteration authorized by the
ENGINEER involves Extra Work or entitles him to an increase in the contract price, the
CONTRACTOR shall make written request to the ENGINEER for a written Field Order.
In such case, the CONTRACTOR, by copy of his communication to the ENGINEER or otherwise in
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writing, shall advise the OWNER of his request to the ENGINEER for a written Field Order and that the
work involved may result in an increase in the contract price.
Any request by the CONTRACTOR for a change in contract price shall be made prior to beginning the
work covered by the proposed change.
7.03 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra Work under
the direction of the ENGINEER when presented with a written work order signed by the ENGINEER,
subject, however, to the right of the CONTRACTOR to require written confirmation of such Extra Work
order by the OWNER. It is agreed that the basis of compensation to the CONTRACTOR for work
either added or deleted by a Change Order, or for which a claim for Extra Work is made, shall be
determined by one or more of the following methods:
Method (A) -- By agreed unit prices; or
Method (B) -- By agreed lump sum; or
Method (C) -- If neither Method (A) nor Method (B) be agreed upon before the
Extra Work is commenced, then the CONTRACTOR shall be paid
the "actual field cost" of the work, plus fifteen percent (15%).
In the event said Extra 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 to include 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, 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 Worker's Compensation, and all other insurance as may be required
by law or ordinance, or directed by the OWNER, or by them agreed to.
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, and the terms and prices for the use of machinery and equipment shall be
incorporated in the written Extra Work Order. The fifteen percent (15%) of the "actual field cost" to be
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paid to the CONTRACTOR, shall cover and compensate him for his profit overhead, general
superintendence and field office expense, and all other elements of cost. and expense not embraced
within the 'actual field cost" as herein defined, save that where the CQNTRACTOR's camp or field
office must be maintained primarily 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 in writing by the ENGINEER. 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 construction time, he shall
make written request to the ENGINEER for written order authorizing such Extra Work. Should a
difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment
therefor, and the ENGINEER insists upon its performance the CONTRACTOR shall proceed with the
work after making written request for written order and shall keep an accurate account of the "actual
field cost" thereof, as provided under Method (C). The CONTRACTOR shall then have the right to
submit his claim directly to the OWNER by proper certification and attestation, on forms provided by
the OWNER. If the OWNER shall fail to pay or guarantee to pay said amount claimed within thirty (30)
days of the date of submission, the CONTRACTOR shall have the right to file suit in the applicable
District Court, for declaratory judgment or other relief, to determine his rights to such claim and if he
shall fail to file suit within sixty (60) days after the date of presentment to the OWNER, the
CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and
all claims held by the CONTRACTOR shall be deemed forfeited and forever barred if the
CONTRACTOR shall accept final payment without having first filed suit in the District Court.
7 04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions
of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with the
ENGINEER within thirty (30) 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 by the CONTRACTOR and render his final decision in writing. 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 delivery to the CONTRACTOR of the ENGINEER's final decision. 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 delivery to the CONTRACTOR of the
ENGINEER s final decision, to appeal the same to the applicable District Court, by filing suit for
declaratory judgment or other appropriate relief. In the event the CONTRACTOR shall fail, for any
reason, to file suit, and shall accept final payment for all work completed, the OWNER shall be released
of any and all liability, and the action by the CONTRACTOR in accepting final payment shall constitute
a final bar and satisfaction of all claims held by the CONTRACTOR against the OWNER
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8. ABANDONMENT OF CONTRACT
8.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon
and fail or refuse to resume work within ten (10) 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 then and in that case, where Performance and
Payment Bonds exist, the sureties on these bonds shall be notified in writing and directed to complete
the work, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any
machinery, equipment, tools, or supplies then on the job, but the same, together with any materials and
equipment under contract for the work may be held for use on the work by the OWNER or the surety on
the Performance Bond, or another contractor in completion of the work and the CONTRACTOR shall
not receive any rental or credit therefor, it being understood that the use of such equipment 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 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. 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
receive 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 pay the amount of such
excess to the OWNER 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 new contract as compared to what would have been the cost under
this Contract, such increase shall be charged to the CONTRACTOR and the surety shall
be and remain bound therefor. However, should the cost to complete any such new
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.
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When the work shall have been substantially completed, the CONTRACTOR and his surety shall be so
notified and Certificates of Completion and Acceptance, as hereinabove provided, shall be issued. 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, within fifteen (15) days after
the date of such Certificate of Completion. The OWNER, prior to incurring an obligation to make
payment hereunder, shall have such statement of completion attested to by the CONTRACTOR as
accurate, and upon payment of the sum stated therein, the OWNER shall be entitled to full and final
release of any claimsor demands by the CONTRACTOR.
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 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 proper owners. The books on all operations
provided herein shall be open to the CONTRACTOR and his surety.
8.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms
of this Contract (a disputed or unilateral claim by the Contractor cannot by itself constitute
"abandonment") and should fail or refuse to comply with said terms within ten (10) days after wntten
notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools and equipment and all materials on the site of the
work that have not been included in payments to the CONTRACTOR and have not been wrought into
the work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the
CONTRACTOR, which estimate shall include the value of all work actually completed by said
CONTRACTOR (at the prices stated in the attached Proposal where unit prices are used), 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
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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 CONTRACTOR for the CONTRACTOR's approval; and upon the CONTRACTOR's
approving the same as being true, correct and accurate and upon payment of said sum, the
CONTRACTOR shall release the OWNER of any and all liability growing out of or by reason of said
Contract, and then the same shall be presented to the OWNER, who shall pay to the CONTRACTOR, on
or before thirty (30) days after the date of notification by the CONTRACTOR of the balance shown by
said final statement as due the CONTRACTOR under the terms of this Agreement.
9. ARBITRATION
9.01 Any party to this Contract, upon the written agreement and acquiescence of all other
parties may submit any question or dispute under the terms and provisions of the contract documents, to
arbitration under such procedure and agreements as the parties shall make in writing prior to arbitration.
The results of arbitration shall be binding and shall constitute an amendment to the contract documents
when accepted in writing by the parties to the Contract.
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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 (TWCC-81, TWCC-
82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person s work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in 406.096) - includes persons or
entities performing or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements which meets the statutory requirements of Texas
Labor Code, Section 401 011 (44) 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 governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and provide to the
governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
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governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, 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 governmental entity in writing by certified mail or personal delivery,
within 10 days after the contractor knew or should have known, of any changes that materially
affects 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 Worker's 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 WORKER'S COMPENSATION COVERAGE
"The law requires that each person working on this
site or providing services related to this construction
project must be covered by worker's 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 identify of their employer or
status as an employee."
"Call the Texas Worker's Compensation Commission
at (512) 440-3789 to receive information on the legal
requirements for coverage, to verify whether your
employer has provided the required coverage, or to
report an employer's failure to provide coverage."
I. The contractor shall contractually require each person with whom it contracts to provide services on
a project, to:
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,
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Section 401.011 (44) 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:
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 shown 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 governmental entity 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 governmental entity that all employees of the contractor who will
provide services on the project will be covered by worker's 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.
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K. The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contractor void if the
contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
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ATTACHMENT NO. 2 TO GENERAL CONDITIONS
AGREEMENT FOR FINAL PAYMENT
AND CONTRACTOR'S SWORN RELEASE
In order to insure that the rights, obligations and responsibilities of all parties to the original
contract document are fully protected, which contract document was signed and executed on the
day of , 19 by
referred to therein as CONTRACTOR and hereinafter referred to as CONTRACTOR, and
, hereinafter referred to as OWNER, on the day of
, 20
and further in consideration for the final payment of all sums due and claimed by the CONTRACTOR
against OWNER, the CONTRACTOR makes the following representations to OWNER, either
individually if a proprietorship, jointly by all 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 power and authority to execute this
Agreement for and on behalf of the said corporation:
The Contractor has received
I.
(number) payments pursuant to (number) of
Contractor Payment Estimates, copies of which are attached hereto and marked Exhibit "A", presented
to OWNER and paid during the progress of the job referred to in the Contract between the parties; and in
this regard, the undersigned CONTRACTOR represents to OWNER that it does not claim nor intend to
claim at any future date, any additional sums of money of any nature whatsoever under and by virtue of
the payment estimates previously submitted to the ENGINEER for approval, or any other sums of
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money of any nature whatsoever for materials furnished and used in the,1ob or for work done, and
hereby releases and discharges OWNER from any liabilities of any nature whatsoever, for any claims of
any nature made by the CONTRACTOR at some future date, or by its successors or assigns.
II.
The undersigned CONTRACTOR further represents to OWNER that the Final Payment Estimate
and Change Order, if any, submitted by the CONTRACTOR to OWNER, whether or not modified,
corrected or changed in some way by deletions or other modifications by the ENGINEER, the
CONTRACTOR or the OWNER, a copy of which is attached hereto and marked Exhibit "B", is true,
correct and accurate; and it is further agreed and stipulated by the undersigned CONTRACTOR that
upon the receipt of final payment in the amount as set out on the Final Payment Estimate and Change
Order, the CONTRACTOR, by execution of this instrument of release, does, therefore, release and
forever discharge OWNER of and from all manner of debts, demands, obligations, suits, liabilities and
causes of action of any nature whatsoever under and by virtue of the terms and provisions of the
Contract hereinbefore referred to, and any change or modification thereof, or in any manner growing out
of or arising from or by virtue of the work, labor and services performed by the CONTRACTOR.
III
CONTRACTOR, in addition to the provisions set out in the contract document, agrees to
indemnify and hold OWNER harmless from any and all causes of action, claims, demands or suits made
by any person or other entity against OWNER, by reason of the work performed by such
CONTRACTOR, and agrees to defend or to cause the same to be defended at the CONTRACTOR's sole
expense and obligation, whenever such actions may be brought, and further to pay all costs incurred by
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CITY OF PEARLAND
GENERAL CONDITIONS
OWNER in the defense thereof, including administrative costs and attorney's fees, and further to pay any
judgments or settlements which may be entered into or agreed to. against or for the benefit of OWNER.
It is, however, specifically agreed that OWNER shall not enter into any settlement agreements without
the acquiescence and agreement of the CONTRACTOR.
IV.
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, and that
OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith.
V.
It is further specifically understood and agreed that this Agreement for Final Payment and
Contractors's Sworn Release shall constitute a part of the original Contract of the parties heretofore
previously referred to, 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.
VI.
This Agreement for Final Payment and Contractor's Sworn Release shall be considered to. be
continuing and binding upon the parties hereto and shall not terminate upon receipt and acceptance by
the CONTRACTOR of final payment, but shall be deemed continuing so long as any actions, claims or
other demands contemplated herein against OWNER, may lawfully be brought under applicable statutes
4/00 00700-B3
CITY OF PEARLAND
GENERAL CONDITIONS
of limitations, and shall in addition be deemed to be continuing for such additional period of time as
shall be necessary to compensate and repay to OWNER, all. costs or damages incurred by it by reason of
such claims.
4/00 00700-B4
CITY OF PEARLAND
GENERAL CONDITIONS
20
SIGNED and EXECUTED this, the day of
•
CONTRACTOR
Signature
Print Name:
[If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each partner must sign; if a
corporation, the following language should be used.]
SIGNED and EXECUTED this, the day of , 20 , by
, a Texas corporation, under authority granted to the
undersigned by said corporation as contained in the Charter, By -Laws or Minutes of a meeting of said
corporation regularly called and held.
CONTRACTOR
By:
President
ATTEST:
Corporate Secretary
(Corporate Seal)
4/00 00700-B5
CITY OF PEARLAND
GENERAL CONDITIONS
[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.]
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 this, the
, 20_
Notary Public, State of Texas
My Commission Expires:
day of
4/00 00700-B6
CITY OF PEARLAND
GENERAL CONDITIONS
[This form is for use in the event CONTRACTOR is a corporation.]
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 and 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:
4/00 00700-B7
CITY OF PEARLAND
SPECIAL CONDITIONS
SECTION 00800
SPECIAL CONDITIONS
CLEAR CREEK REMNANT CHANNEL BANK STABILIZATION
COP PN: 2003-083
Pearland, Brazoria County, Texas
These Special Conditions amend or supplement the General Conditions (Section 00700) and other
provisions of the Contract Documents as indicated below. All provisions which are not so amended
or supplemented remain in full force and effect.
SC-5.01
Add the following paragraphs to the end of Section 5.01, "Time and Order of
Completion" to read as follows:
The contractor shall restrict work times to 7:00 a.m. to 6:00 p.m. on Mondays to
Fridays except for official City holidays. Work requiring City inspection may take
place outside of these hours, but the Contractor must reimburse the City an amount
equal to 1.5 times usual pay for that inspector. City Inspectors must be given
adequate notice prior to work done outside of these normal work times, and the City
makes no guarantee that inspectors can be available. No work may occur before 7:00
a.m., after 6:00 p.m. or on Sundays.
END OF SECTION
00800-1
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 5159-a of the Revised
Civil Statutes of Texas), the public body awarding the contract does hereby specify the
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 the 5 feet
from an exterior wall of new building under construction or from an exterior wall of an existing
building.
•
5/99
00811-1
LABOR CLASSIFICATIONS AND PREVAILING WAGE RATES
• FOR
ENGINEERING CONSTRUCTION
CLASSIFICATION
Air Tool Man
Asphalt Raker
Asphalt Shoveler
Batchrng Plant Scaleman
Carpenter, Rough
Carpenter Helper, Rough
Concrete Finisher (Paving)
Concrete Finisher Helper (Paving)
Concrete Finisher (Strs.)
Concrete Finisher Helper (Strs.)
Concrete Rubber
Electrician
Electrician Helper, Senior
Electncian Helper, Junior
Form Builder (Sirs.)
Form Builder Helper (Strs.)
Form Liner (Pvg. & Curb)
Form Setter (Pvg. & Curb)
Form Setter Helper (Pvg. & Curb)
Form Setter (Sirs.)
Form Setter Helper (Strs.)
Laborer, Common
Laborer, Utility Man
Manhole Builder, Brick
Mechanic
Mechanic Helper
Oiler
S erviceman
P iledriverman
P ipe Layer
P ipe Layer Helper
POWER EQUIPMENT OPERATORS:
Asphalt Distributor
Broom or Sweeper Operator
Bulldozer, 150 HP or Less.
Bulldozer, over 150 HP
Concrete Paving Curing Machine
Concrete Paving Finishing Machine
Concrete Paving Form Grader
Concrete Paving Grinder
Concrete Paving Joint Machine
Concrete Paving Joint Sealer
Concrete Paving Saw
Concrete Paving Spreader
PREVAILING
•
HATE CLASSIFICATION
c.70 Paving Grader
7.05 Crane, Clamshell, Backhoe, Derrick,
6.20 Dragline, Shovel (Less than 1-1/2 CY)
7.75 Crane Clamshell, Backhoe, Derrick
9.25 Dragline, Shovel (1-1/2 CY & Over)
7.00 Crusher or Screening Plant Operator
7.80 Elevating Grader
5.95 Foundation Drill Oper. Truck Mounted
7.95 Front End Loader (2-1/2 CY & Less)
6.45 Front End Loader (Over 2-1/2 CY)
7.00 Mixer (Concrete Paving)
13.95 Motor Grader Operator, Fine Grade
9.90 Motor Grader Operator
7.85 Roller, Steel Wheel (Plant -Mix Pavement)
8.00 Roller, Steel Wheel (Other Flat Wheel or
5.95 Tamping)
8.05 Roller, Pneumatic Self -Propelled
7.20 Scrapers (17 CY & Less)
5.75 Scrapers (Over 17 CY)
7.35 Self -Propelled Hammer Operator
6.25 Tractor (Crawler type) 150 HP & Less
^.30 Tractor (Crawler type) Over 150 HP
6.25 Tractor (Pneumatic) 80 HP & Less
6.85 Tractor (Pneumatic) Over 80 HP
9.85 Trenching Machine, Light
7.50 Wagon -Dell Bonng Machine or Post Hole
7.00 Dniler Operator
7.60 Reinforcing Steel Setter (Paving)
8.45 Reinforcing Steel Setter (Strs.)
6.75 Reinforcing Steel Setter (Helper)
5.75 Steel Worker (Sirs.)
S teel Worker Helper (Strs
S preader Box Man
7.75
6.25
7.40
8.55
7.45
8.35
7.50
7.35
7.30
7.85
7.50
7.55
TRUCK DRIVERS
S ingle Axle Light ,
Single Axle Heavy
Tandem Axle or Semi -Trailer
Lowboy Float
Transit -Mix
W inch
Welder
Welder Helper
END OF DOCUMENT
PREVAILING RATE
6.65
8.25
9.50
9.50
8.00
9.00
7.30
8.25
8.00
8.95
8.15
7.35
7.20
6.50
6.55
7.60
7.80
7.70
8.80
6.35
7.50
7.50
9.50
6.85
8.20
6.25
7.95
6.30
7.50
6.40
6.75
7.15
7.90
7.00
5.90
8.40
8.00
CITY OF PEARLAND
TABLE OF CONTENTS
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
DIVISION 1 - GENERAL REQUIREMENTS
Section
01100
01140
01200
01290
01310
01350
01420
01430
01440
01450
01500
01505
01550
01560
01562
01563
01564
01565
01566
01600
01630
01720
01760
01770
No. of
Pages
Section Title
Summary of Work 1
Contractor's Use of Premises 3
Measurement and Payment 3
Change Order Procedures 5
Coordination and Meetings 3
Submittals 7
Reference Standards 4
Contractor's Quality Control 2
Inspection Services 1
Testing Laboratory Services 2
Temporary Facilities and Controls 10
Mobilization 1
Stabilized Construction Exit 4
Filter Fabric Fence 4
Waste Material Disposal 2
Tree and Plant Protection 4
Control of Ground Water and Surface Water 8
TPDES Requirements (with attachments) 3
Source Controls for Erosion and Sedimentation 4
Material and Equipment 3
Product Options and Substitutions 3
Field Surveying 2
Project Record Documents 2
Contract Closeout 2
4/00
TOC-1
CITY OF PEARLAND
TABLE OF CONTENTS
TECHNICAL SPECIFICATIONS
DIVISION 2 - SITE WORK
02200 Site Preparation 3
02220 Site Demolition 6
02252 Cement Stabilized Sand 3
02330 Embankment 4
02370 Geotextile 2
02821 Chain Link Fences and Gates 3
02910 Topsoil 2
02921 Hydromulch Seeding 3
02922 Sodding 4
02931 Landscape and Tree Planting 18
DIVISION 3 - CONCRETE
03315 Interlocking Flexible Revetment System for Slope Stabilization 3
4/00 TOC-2
CITY OF PEARLAND
SUMMARY OF WORK
1.0 GENERAL
Section 01100
SUMMARY OF WORK
1.01 SECTION INCLUDES
Summary of the Work including work by Owner, Owner furnished products, Work
sequence, future Work, Contractor use of Premises, and Owner occupancy.
1.02 WORK COVERED BY CONTRACT DOCUMENTS
The project will entail bank stabilization and realignment of approximately 350 feet of
Clear Creek main channel adjacent to the City of Pearland's Longwood Wastewater
Treatment Plant as shown on the construction drawings by JKC & Associates, Inc.
Work will include clearing and grubbing (approximately 1 acre), debris removal from
site, temporary facilities including construction entrance and water diversion dam, bank
excavation (approximately 2,220 SY) & embankment (approximately 925 SY), and
placement of interlocking block slope pavers (approximately 14,300 SF). The project
site is located along Clear Creek at Dixie Farm Road (Key Map 616-Q).
1.03 CONSTRUCTION PHOTOGRAPHS
Submit preconstruction (and post construction) photographs in accordance with Section
01350 - Submittals.
1.04 WORK SEQUENCE
Coordination of the Work: Refer to Section 01310 - Coordination and Meetings, and
Section 01350 - Submittals (Construction Schedule).
1.05 CONTRACTOR USE OF PREMISES
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.
2.0 PRODUCTS Not Used
3.0 EXECUTION - Not Used
END OF SECTION
4/00 01100-1
CITY OF PEARLAND
CONTRACTOR USE OF PREMISES
1.0 GENERAL
Section 01140
CONTRACTOR USE OF PREMISES
1.01 SECTION INCLUDES
Section includes general use of the site including properties inside and outside of
rights -of -way work affecting road, ramps, streets and driveways and notification to
adjacent occupants.
1.02 RIGHTS -OF -WAY
A. Confine access and operations and storage areas to rights -of -way provided by
Owner as stipulated in Document 00700 - General Conditions; trespassing on
abutting lands or other lands in the area is not allowed.
B. Contractor may make arrangements, at Contractor's cost, for temporary use of
private properties in which case Contractor and Contractor's surety shall
indemnify and hold harmless the Owner against claims or demands arising from
such use of properties outside of rights -of -way.
C. Restrict total length which materials may be distributed along the route of the
construction at any one time to 1,000 linear feet unless otherwise approved by
Engineer.
1.03 PROPERTIES OUTSIDE OF RIGHTS -OF -WAY
A. Altering the condition of properties adjacent to and along rights -of -way will not
be permitted unless authorized by the Engineer and property owner(s).
B. Means, methods, techniques, sequences, or procedures which will result in
damage to properties or improvements in the vicinity outside of rights -of -way
will not be permitted.
C. Any damage to properties outside of rights -of -ways shall be repaired or replaced
to the satisfaction of the Engineer and at no cost to the Owner.
D. Special care will be taken to protect environmentally sensitive areas delineated
on the plans as wetlands. These areas must be fenced to completely restrict
access before work begins. No work may take place or materials stored in or
around these areas that generates construction contamination of the sensitive
areas.
4/00 01140-1
CITY OF PEARLAND
CONTRACTOR USE OF PREMISES
1.04 USE OF SITE
A. Provide notice of work to Corps of Engineers, Harris County Flood Control and
Brazoria Drainage District No. 4 as required by work penults from these
entities. Contractor will be provided with copies of these permits, and must
comply with all provisions thereof.
B. Perform daily clean-up of dirt outside the construction zone, and debris, scrap
materials, and other disposable items. Keep area clean of dirt, debris and scrap
materials. Do not leave buildings, roads, streets or other construction areas
unclean overnight.
1.05 NOTIFICATION TO ADJACENT OCCUPANTS
Not applicable.
1.06 PUBLIC, TEMPORARY, AND CONSTRUCTION ROADS AND RAMPS
A. Construct and maintain temporary detours, ramps, and roads to provide for
nounal public traffic flow when use of public roads or streets is closed by
necessities of the Work.
B. Provide mats or other means to prevent overloading or damage to existing
roadways from tracked equipment or exceptionally large or heavy trucks or
equipment.
C. Construct and maintain access roads and parking areas as specified in Section
01500 - Temporary Facilities and Controls.
1.07 EXCAVATION IN STREETS AND DRIVEWAYS
Not Applicable.
1.08 TRAFFIC CONTROL
Not Applicable.
1.09 SURFACE RESTORATION
A. Restore site to condition existing before construction to satisfaction of Engineer.
B. Repair turf areas which become .damaged, level with topsoil conforming to
Section 02910 - Topsoil, as approved by the Engineer and reseed construction
areas in accordance with Section 02921 — Hydromulch Seeding or Section
4/00 01140-2
CITY OF PEARLAND
CONTRACTOR USE OF PREMISES
02922 Sodding. Water and level newly sodded areas with adjoining turf using
steel wheel rollers appropriate for sodding. Do not use spot sodding or
sprigging.
PART2 PRODUCTS -NotUsed
PART3 EXECUTION - NotUsed
END OF SECTION
4/00 01140-3
CITY OF PEARLAND
MEASUREMENT AND PAYMENT
Section 01200
MEASUREMENT AND PAYMENT
1.0 GENERAL
1.01 SECTION INCLUDES
Procedures for measurement and payment plus conditions for nonconformance
assessment and nonpayment for rejected products.
1.02 AUTHORITY
A. Measurement methods delineated in Specification sections are intended to
complement the criteria of this section. In the event of conflict, the
requirements of the Specification section shall govern.
B. Measurements and quantities submitted by the Contractor will be verified by the
Engineer.
C. Contractor shall provide necessary equipment, workers, and survey personnel as
required by Engineer to verify quantities.
1.03 UNIT QUANTITIES SPECIFIED
A. Quantity and measurement estimates stated in the Agreement are for contract
purposes only. Quantities and measurements supplied or placed in the Work
authorized and verified by Engineer shall determine payment as stated in the
General Conditions.
B. If the actual Work requires greater or lesser quantities than those quantities
indicated in the Bid Form, provide the required quantities at the unit prices
contracted, except as otherwise stated in the General Conditions or in executed
Change Order.
1.04 MEASUREMENT OF QUANTITIES
A. Measurement by Weight: Reinforcing steel, rolled or formed steel or other
metal shapes will be measured by CRSI or AISC Manual of Steel Construction
weights. Welded assemblies will be measured by CRSI or AISC Manual of
Steel Construction or scale weights.
4/00 01200-1
CITY OF PEARLAND
MEASUREMENT AND PAYMENT
B. Measurement by Volume:
1. Stockpiles: Measured by cubic dimension using mean length, width, and
height or thickness.
2. Excavation and Embankment Materials: Measured by cubic dimension
using the average end area method.
C. Measurement by Area: Measured by square dimension using mean length and
width or radius.
D. Linear Measurement: Measured by linear dimension, at the item centerline or
mean chord.
E Stipulated Price Measurement: By unit designated in the agreement.
F. Other: Items measured by weight, volume, area, or lineal means or
combination, as appropriate, as a completed item or unit of the Work.
1.05 PAYMENT
A. Payment Includes. Full compensation for all required supervision, labor,
products, tools, equipment, plant, transportation, services, and incidentals; and
erection, application or installation of an item of the Work; and Contractor's
overhead and profit.
B. Total compensation for required Unit Price Work shall be included in Unit Price
bid in Bid schedule Claims for payment as Unit Price Work, but not
specifically covered in the list of unit prices contained in Bid Schedule, will not
be accepted.
C. Progress payments will be based on the Engineer's observations and evaluations
of quantities incorporated in the Work multiplied by the unit price.
D. Final payment for Work governed by unit prices will be made on the basis of the
actual measurements and quantities determined by Engineer multiplied by the
unit price for Work which is incorporated in or made necessary by the Work.
1.06 NONCONFORMANCE ASSESSMENT
A. Remove and replace the Work, or portions of the Work, not conforming to the
Contract Documents.
4/00 01200-2
CITY OF PEARLAND
MEASUREMENT AND PAYMENT
B. If, in the opinion of Engineer, it is not practical to remove and replace the Work,
the Engineer will direct one of the following remedies:
1. The nonconforming Work will remain as is, but the unit price will be
adjusted to a lower price at the discretion of Engineer.
2. The nonconforming Work will be modified as authorized by the
Engineer, and the unit price will be adjusted to a lower price at the
discretion of Engineer, if the modified work is deemed to be less suitable
than originally specified.
C. Specification sections may modify these options or may identify a specific
foiinula or percentage price reduction.
D. The authority of Engineer to assess the nonconforming work and identify
payment adjustment is final.
1.07 NONPAYMENT FOR REJECTED PRODUCTS
Payment will not be made for any of the following:
A. Products wasted or disposed of in a manner that is not acceptable to Engineer.
B. Products determined as nonconforming before or after placement.
C. Products not completely unloaded from transporting vehicle.
D. Products placed beyond the lines and levels of the required Work.
E Products remaining on hand after completion of the Work, unless specified
otherwise.
F Loading, hauling, and disposing of rejected products.
PART2 PRODUCTS - Not Used
PART3 EXECUTION - Not Used
END OF SECTION
4/00 01200-3
CITY OF PEARLAND
CHANGE ORDER PROCEDURES
Section 01290
CHANGE ORDER PROCEDURES
1.0 GENERAL
1.01 SECTION INCLUDES
Procedures for processing Change Orders, including:
A. Assignment of a responsible individual for approval and communication of
changes in the Work;
B. Documentation of change in Contract Price and Contract Time;
C. Change procedures, using proposals and construction contract modifications,
work change directive, stipulated price change order, unit price change order,
time and materials change order;
D. Execution of Change Orders;
E Correlation of Contractor submittals.
1.02 REFERENCES
Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental
Rate is defined as the full unadjusted base rental rate for the appropriate item of
construction equipment.
1.03 RESPONSIBLE INDIVIDUAL
Contractor shall provide a letter indicating the name and address of the individual
authorized to execute change documents, and who shall also be responsible for
informing others in Contractor's employ and Subcontractors of changes to the Work.
The information shall be provided at the Pre -construction Conference.
1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND
CONTRACT TIME
A. Contractor shall maintain detailed records of changes in the Work. Provide full
information required for identification and evaluation of proposed changes, and
to substantiate costs of changes in the Work.
B. Contractor shall document each proposal for a change in cost or time with
sufficient data to allow evaluation of the proposal.
4/00
01290-1
CITY OF PEARLAND
CHANGE ORDER PROCEDURES
C. Proposals shall include, as a minimum, the following information as applicable:
1. Quantities of items in the original Bid Schedule with additions,
reductions, deletions, and substitutions.
2. When Work items were not included in the Bid Schedule, Contractor
shall provide unit prices for the new items, with supporting information
as required by the Engineer.
3. Justification for any change in Contract Time.
4. Additional data upon request.
D. For changes in the Work performed on a time -and -material basis, the following
additional information may be required:
1. Quantities and description of products and equipment.
2. Taxes, insurance and bonds.
3. Overhead and profit as noted in Section 00700 - General Conditions.
4. Dates and times work was performed, and by whom.
5. Time records and certified copies of applicable payrolls.
6. Invoices and receipts for products, rented equipment, and subcontracts,
similarly documented.
E Rented equipment will be paid to the Contractor by actual invoice cost for the
duration of time required to complete the extra work. If the extra work
comprises only a portion of the rental invoice where the equipment would
otherwise be on the site, the Contractor shall compute the hourly equipment rate
by dividing the actual monthly invoice by 176. (One day equals 8 hours and one
week equals 40 hours.) Operating costs shall not exceed the estimated operating
costs given for the item of equipment in the Blue Book.
F. For changes in the work performed on a time -and -materials basis using
Contractor -owned equipment, compute rates with the Blue Book as follows:
1. Multiply the appropriate Rental Rate by an adjustment factor of 70
percent plus the full rate shown for operating costs. The Rental Rate
utilized shall be the lowest cost combination of hourly, daily, weekly or
monthly rates. Use 150 percent of the Rental Rate for double shifts (one
extra shift per day) and 200 percent of the Rental Rate for more than two
shifts per day. No other rate adjustments shall apply.
2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in
the Blue Book. Operating costs will not be allowed.
1.05 CHANGE PROCEDURES
A. Changes to Contract Price or Contract Time can only be made by issuance of a
Change Order. Issuance of a Work Change Directive or written acceptance by
4/00 01290-2
CITY OF PEARLAND
CHANGE ORDER PROCEDURES
the Engineer of changes will be formalized into Change Orders. All changes
will be in accordance with the requirements of the General Conditions.
B. The Engineer will advise of minor changes in the Work not involving an
adjustment to Contract Price or Contract Time as authorized by the General
Conditions by. issuing supplemental instructions.
C. Contractor may request clarification of Drawings, Specifications or Contract
Documents or other information. Response by the Engineer to a Request for
Information does not authorize the Contractor to perform tasks outside the scope
of the Work. All changes must be authorized as described in this section.
1.06 PROPOSALS AND CONTRACT MODIFICATIONS
A. The Engineer may issue a Request for Proposal, which includes a detailed
description of a proposed change with supplementary or revised Drawings and
Specifications. The Engineer may also request a proposal in the response to a
Request for Information. Contractor will prepare and submit its Proposal within
7 days or as specified in the request.
B. The Contractor may propose an unsolicited change by submitting a Proposal to
the Engineer describing the proposed change and its full effect on the Work,
with a statement describing the reason for the change and the effect on the
Contract Price and Contract Time including full documentation.
1.07 WORK CHANGE DIRECTIVE
A Engineer may issue a signed Work Change Directive instructing the Contractor
to proceed with a change in the Work, for subsequent inclusion in a Change
Order.
B. The document will describe changes in the Work and will designate a method of
determining any change in Contract Price or Contract Time.
C. Contractor shall proceed promptly to execute the changes in the Work in
accordance with the Work Change Directive.
1.08 STIPULATED PRICE CHANGE ORDER
A stipulated price Change Order will be based on an accepted Proposal including the
Contractor's lump sum price quotation.
4/00
01290-3
CITY OF PEARLAND
CHANGE ORDER PROCEDURES
1.09 UNIT PRICE CHANGE ORDER
A. Where Unit Prices for the affected items of Work are included in the Bid
Schedule, the unit price Change Order will be based on unit prices as originally
bid, subject to provisions of the General Conditions.
B. Where unit prices of Work are not pre -determined in the Bid Schedule, Work
Change Directive or accepted Proposal will specify the unit prices to be used.
1.10 TIME -AND -MATERIAL CHANGE ORDER
A. Contractor shall provide an itemized account and supporting data after
completion of change, within time limits indicated for claims in the General
Conditions.
B. Engineer will deteuuine the change allowable in Contract Price and Contract
Time as provided in the General Conditions.
C. Contractor shall maintain detailed records of work done on time -and -material
basis as specified in paragraph 1.04, Documentation of Change in Contract Price
and Contract Time.
D. Contractor shall provide full information required for evaluation of changes, and
shall substantiate costs for changes in the Work.
1.11 EXECUTION OF CHANGE DOCUMENTATION
Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for
signatures of parties as described in the General Conditions.
1.12 CORRELATION OF CONTRACTOR SUBMITTALS
A. For Stipulated Price Contracts, Contractor shall promptly revise Schedule of
Values and Application for Payment fonds to record each authorized Change
Order as a separate line item and adjust the Contract Price.
B. For Unit Price Contracts, the next monthly estimate of work after acceptance of
a Change Order will be revised to include any new items not previously
included and the appropriate unit rates.
C. Contractor shall promptly revise progress schedules to reflect any change in
Contract Time, and shall revise schedules to adjust time for other items of work
affected by the change, and resubmit for review.
4/00 01290-4
CITY OF PEARLAND
CHANGE ORDER PROCEDURES
D. Contractor shall promptly enter changes to the on -site and record copies of the
Drawings, Specifications or Contract Documents as required in Section 01760 -
Project Record Documents.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - Not Used
END OF SECTION
4/00 01290-5
CITY OF PEARLAND
COORDINATION AND MEETINGS
Section 01310
COORDINATION AND MEETINGS
1.0 GENERAL
1.01 SECTION INCLUDES
Section includes general coordination including Pre -construction Conference, Site
Mobilization Conference, and progress meetings.
1.02 RELATED DOCUMENTS
Coordination is required throughout the documents. Refer to all of the Contract
Documents and coordinate as necessary.
1.03 ENGINEER AND REPRESENTATIVES
The Engineer may act directly or through designated representatives as defined in the
General Conditions and as identified by name at the Pre -construction Conference.
1.04 CONTRACTOR COORDINATION
A. Coordinate scheduling, submittals and Work of the various Specifications
sections to assure efficient and orderly sequence of installation of
interdependent construction elements.
B. Coordinate completion and clean up of Work for Substantial Completion and for
portions of Work designated for Owner's partial occupancy.
C. Coordinate access to site for correction of nonconforming Work to minimize
disruption of Owner's activities where Owner is in partial occupancy.
1.05 PRECONSTRUCTION CONFERENCE
A Engineer will schedule a Pre -construction Conference.
B. Attendance Required: Engineer's representatives, Consultants, Contractor, and
major Subcontractors.
C. Agenda:
1. Distribution of Contract Documents;
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COORDINATION AND MEETINGS
2. Designation of personnel representing the parties in Contract, and the
Consultant;
3. Review of insurance;
4. Discussion of formats proposed by the Contractor for schedule of values,
and construction schedule•
5. Procedures and processing of shop drawings and other submittals,
substitutions, pay estimates or applications for payment, Requests for
Infoiination, Request for Proposal, Change Orders, and Contract
closeout;
6. Scheduling of the Work and coordination with other contractors;
7. Review of Subcontractors;
8. Appropriate agenda items listed for Site Mobilization Conference,
paragraph 1.06 C, when Pre -construction Conference and Site
Mobilization Conference are combined;
9 Procedures for testing; and
10. Procedures for maintaining record documents.
1.06 SITE MOBILIZATION CONFERENCE
A. When required by the Contract Documents, Engineer will schedule a conference
at the Project site prior to Contractor occupancy.
B. Attendance Required• Engineer representatives, Consultants, Contractor's
Superintendent, and major Subcontractors.
C. Agenda:
1. Use of premises by Owner and Contractor
2. Safety and first aid procedures
3. Construction controls provided by Engineer
4. Temporary utilities
5. Survey and layout
6. Security and housekeeping procedures
1.07 PROGRESS MEETINGS
A. Project meetings shall be held at Project field office or other location as
designated by the Engineer. Meeting shall be held at monthly intervals, or more
frequent intervals if directed by Engineer.
B. Attendance Required: Job superintendent, major Subcontractors and suppliers,
Engineer representatives, and Consultants as appropriate to agenda topics for
each meeting.
C Engineer or his representative will make arrangements for meetings, and
recording minutes.
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COORDINATION AND MEETINGS
D Engineer or his representative will prepare the agenda and preside at meetings.
E. Contractor shall provide required information and be prepared to discuss each
agenda item.
F. Agenda:
1. Review minutes of previous meetings;
2. Review of Work progress schedule submittal, and pay estimates, payroll
and compliance submittals;
3. Field observations, problems, and decisions;
4. Identification of problems which impede planned progress;
5. Review of submittals schedule and status of submittals;
6. Review of Request for Information and Request for Proposal status;
7. Change order status;
8. Review of off -site fabrication and delivery schedules;
9 Maintenance of progress schedule'
10. Corrective measures to regain projected schedules;
11. Planned progress during succeeding work period;
12. Coordination of projected progress•
13. Maintenance of quahty and work standards;
14. Effect of proposed changes on progress schedule and coordination; and
15. Other items relating to Work
2.0 PRODUCTS - Not Used
3.0 EXECUTION - Not Used
END OF SECTION
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CITY OF PEARLAND
SUBMITTALS
Section 01350
SUBMITTALS
1.0 GENERAL
1.01 SECTION INCLUDES
Submittal procedures for:
A. Schedule of Values;
B. Construction Schedules;
C. Shop Drawings, Product Data, and Samples;
D. Operations and Maintenance Data•
E. Manufacturer's Certificates;
F. Construction Photographs;
G. Project Record Documents; and
H. Design Mixes
1.02 SUBMITTAL PROCEDURES
A. Scheduling and Handling:
1. Schedule submittals well in advance of the need for the material or
equipment for construction. Allow time to make delivery of material or
equipment after submittal is approved.
2. Develop a submittal schedule that allows sufficient time for initial
review, correction, resubmission and final review of all submittals. The
Engineer will review and return submittals to the Contractor as
expeditiously as possible but the amount of time required for review will
vary depending on the complexity and quantity of data submitted. In no
case will a submittal schedule be acceptable which allows less than 30
days for initial review by the Engineer. This time for review shall in no
way be justification for delays or additional compensation to the
Contractor.
3. The Engineer's review of submittals covers conformity to the Drawings,
Specifications and dimensions which affect the layout. The Contractor is
responsible for quantity determination. The Contractor is responsible for
any errors, omissions or deviations from the Contract requirements;
review of submittals in no way relieves the Contractor from his
obligation to furnish required items according to the Drawings and
Specifications.
4. Submit 5 copies of documents unless otherwise specified in the
following paragraphs or in the Specifications.
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SUBMITTALS
5. Revise and resubmit submittals as required. Identify all changes made
since previous submittal.
6. The Contractor shall assume the risk for material or equipment which is
fabricated or delivered prior to approval. No material or equipment shall
be incorporated into the Work or included in periodic progress payments
until approval has been obtained in the specified manner.
B. Transmittal Form and Numbering:
1. Transmit each submittal to the Engineer with a transmittal form.
2. Sequentially number each transmittal form beginning with the number 1.
Resubmittals shall use the original number with an alphabetic suffix (i.e.,
2A for first resubmittal of Submittal 2 or 15C for third resubmittal of
Submittal 15) Each submittal shall only contain one type of work,
material, or equipment. Mixed submittals will not be accepted.
3. Identify variations from requirements of Contract Documents and
identify product or system limitations.
4. For submittal numbering of video tapes, see paragraph 1.10, Video.
C. Contractor's Certification Each submittal shall contain a statement or stamp
signed by. the Contractor, certifying that the items have been reviewed in detail
and are correct and in accordance with Contract Documents, except as noted by
any requested variance.
1.03 SCHEDULE OF VALUES
A. Submit a Schedule of Values at least 10 days prior to the first Application for
Payment. A Schedule of Values shall be provided for each of the items
indicated as Lump Sum (LS) in the Bid Schedule for which the Contractor
requests to receive progress payments.
B. Schedule of Values shall be typewritten on 8-1/2' x 11" plain bond, white
paper. Use the Table of Contents of this Project Manual as a format for listing
costs of Work by Section.
C. Round off figures for each listed item to the nearest $100.00 except for the value
of one item, if necessary, to make the total price for all items listed in the
Schedule of Values equal to the applicable lump sum amount in the Bid
Schedule.
D. For Unit Price Contracts, items should include a proportional share of
Contractor's overhead and profit, such that the total of all items listed in the
Schedule of Values equals the Contract amount. For Stipulated Price Contracts,
mobilization, bonds, and insurance may be listed as separate items in the
Schedule of Values.
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SUBMITTALS
E. For lump sum equipment items where submittal of operations and maintenance
data and testing are required include a separate item for equipment operation
and maintenance data submittal valued at 5 percent of the lump sum amount and
a separate item for testing and adjusting valued at 5 percent of the lump sum
amount.
F. Revise the Schedule of Values and resubmit for items affected by Contract
Modifications, Change Orders, and Work Change Directives. Submit revised
Schedule of Values 10 days prior to the first Application for Payment after the
changes are approved by the Engineer.
1.04 CONSTRUCTION SCHEDULES
A. Submit Construction Schedules for the Work in accordance with the
requirements of this Section. The Construction Schedule Submittal shall be, at
minimum, a bar chart, either computer generated, or prepared manually and a
narrative report.
B. During the Pre -construction Meeting, as noted in Section 01310 - Coordination
and Meetings, the Contractor shall provide a sample of the format to be used for
the Construction Schedule Submittal. The format is subject to approval by the
Engineer. Review of the submittal will be provided within 7 days of the
submittal of the sample.
C. Within 7 days of the receipt of approval of the Contractor's format, or 14 days of
the Notice to Proceed, whichever is later, the Contractor shall submit a proposed
Construction Schedule for review. The Construction Schedule Submittal shall
meet the following requirements:
1. The schedule shall usually include a total of at least 20 but not more than
50 activities. Fewer activities may be accepted, if approved by the
Engineer.
2. For projects with work at different physical locations, each location
should be indicated separately within the schedule.
3. For projects with multiple crafts or significant subcontractor
components, these elements should be indicated separately within the
schedule.
4. For projects with multiple types of tasks within the scope, these types of
work should be indicated separately within the schedule.
5. For projects with significant major equipment items or materials worth
over 25 percent of the Total Contract Price, the schedule shall indicate
dates when these items are to be purchased, when they are to be
delivered, and when installed
6. For projects where operating plants are involved, each period of work
which will require the shut down of any process or operation shall be
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CITY OF PEARLAND
SUBMITTALS
identified in the Schedule and must be agreed to by the Engineer prior to
starting work in the area.
7. A tabulation of the estimated monthly billings for the work shall be
prepared and submitted by the Contractor with the first schedule
submittal. This information is not required in the monthly updates,
unless significant changes in Work require re -submittal of the schedule
for review. The total for each month and a cumulative total will be
indicated. These monthly forecasts are only for planning purposes of the
Engineer. Monthly payments for actual work completed will be made by
the Engineer in accordance with Section 00700 - General Condition.
D. The Contractor must receive approval of the Engineer for the Schedule and
billing estimate prior to the first monthly Application for Payment. No payment
will be made until these are accepted.
E Upon written request from the Engineer, the Contractor shall revise and submit
for approval all or any part of the Construction Schedule to reflect changed
conditions in the Work or deviations made from the original plan and schedule.
F. The Contractor's Construction Schedule shall thereafter be updated with the
Actual Start and Actual Finish Dates, Percent Complete, and Remaining
Duration of each Activity and submitted monthly The date to be used in
updating the monthly Construction Schedule shall be the same Date as is used in
the monthly Application for Payment. This monthly update of the schedule
shall be required before the monthly Application for Payment will be processed
for payment.
G. The narrative Schedule Report shall include a description of changes made to
the Construction Schedule Activities Added to the Schedule; Activities Deleted
from the Schedule; any other changes made to the Schedule other than the
addition of Actual Start Dates and Actual Finish Dates and Remaining
Durations.
1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
A. Shop Drawings:
1. Submit shop drawings for review as required by the Specifications.
2. Contractor's Certification, as described in paragraph 1.02C, shall be
placed on each drawing.
3. The drawings shall accurately and distinctly present the following:
a. Field and erection dimensions clearly identified as such.
b. Arrangement and section views.
c. Relation to adjacent materials or structure including complete
information for making connections between work under this
Contract and work under other contracts.
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CITY OF PEARLAND
SUBMITTALS
d. Kinds of materials and finishes.
e. Parts list and descriptions.
f. Assembly drawings of equipment components and accessories
showing their respective positions and relationships to the
complete equipment package.
4. Where necessary for clarity, identify details by reference to drawing
sheet and detail numbers, schedule or room numbers as shown on the
Contract Drawings.
5. Drawings shall be to scale, and shall be a true representation of the
specific equipment or item to be furnished.
B. Product Data:
1. Submit product data for review as required in Specification sections.
2. Contractor's Certification, as described in paragraph 1.02C, shall be
placed on each data item submitted.
3. Mark each copy to identify applicable products, models, options to be
used in this Project. Supplement manufacturers' standard data to provide
information unique to this Project, where required by the Specifications.
4. For products specified only by reference standard give manufacturers,
trade name, model or catalog designation and applicable reference
standard.
5. For products proposed as alternates to "approved" products, as described
in Section 01630 - Product Options and Substitutions provide all
information required to demonstrate the proposed products meet the
level of quality and performance criteria of the "approved product".
C. Samples:
1. Submit samples for review as required by the Specifications.
2. Contractor's Certification, as described in paragraph 1.02C, shall be
placed on each sample or a firmly attached sheet of paper.
3. Submit the number of samples specified in Specifications; one of which
will be retained by the Engineer.
4. Reviewed samples which may be used in the Work are identified in
Specifications.
1.06 OPERATIONS AND MAINTENANCE DATA
A. When specified in Specification sections, submit manufacturers' printed
instructions for delivery, storage, assembly, installation, start-up operation,
adjusting, finishing, and maintenance.
B. Contractor's Certification, as described in paragraph 1.02C, shall be placed on
front page of each document.
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CITY OF PEARLAND
SUBMITTALS
C. Identify conflicts between manufacturers' instructions and Contract Documents.
1.07 MANUFACTURER'S CERTIFICATES
A. When specified in Specification sections, submit manufacturers' certificate of
compliance for review by Engineer.
B. Contractor's Certification as described in paragraph 1.02C, shall be placed on
front page of the certificate.
C. Submit supporting reference data, affidavits, and certifications as appropriate.
D. Certificates may be recent or previous test results on material or product, but
must be acceptable to Engineer.
1.08 CONSTRUCTION PHOTOGRAPHS
A. Submit a sufficient number of photographs to document the pre -construction
condition of the project site. Photographs should be date and time stamped,
show the complete right-of-way width and be labeled to show street name,
direction of view, and any pertinent comments.
B. Photographs should be placed in a protective plastic cover, assembled in a three-
ring binder and labeled "Project Photographs."
1.09 PROJECT RECORD DOCUMENTS
Submit Project Record Documents in accordance with Section 01760 - Project Record
Documents.
1.10 VIDEO
Transmittal forms for video tapes shall be numbered sequentially beginning with T01,
T02, T03, etc.
1.11 DESIGN MIXES
A. When specified in Specifications, submit design mixes for review.
B. Contractor's Certification as described in paragraph 1.02C, shall be placed on
front page of each design mix.
C. Mark each design mix to identify proportions, gradations, and additives for each
class and type of design mix submitted. Include applicable test results on
samples for each mix
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CITY OF PEARLAND
SUBMITTALS
D. Maintain a copy of approved design mixes at mixing plant.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - NotUsed
END OF SECTION
4/00 01350-7
CITY OF PEARLAND
REFERENCE STANDARDS
Section 01420
REFERENCE STANDARDS
1.0 GENERAL
1.01 SECTION INCLUDES
Section includes general quality assurance as related to Reference Standards and a list
of references.
1.02 QUALITY ASSURANCE
A. For Products or workmanship specified by association, trade, or Federal
Standards, comply with requirements of the standard, except when more rigid
requirements are specified or are required by applicable codes.
B. Conform to reference standard by date of issue current on the date as stated in
the General Conditions.
C. Request clarification from Engineer before proceeding should specified
reference standards conflict with Contract Documents.
1.03 SCHEDULE OF REFERENCES
AASHTO American Association of State Highway and Transportation Officials
444 North Capitol Street, N.W.
Washington, DC 20001
ACI
AGC
AI
American Concrete Institute
P.O. Box 19150
Reford Station
Detroit, MI 48219-0150
Associated General Contractors of America
1957 E Street, N.W.
Washington, DC 20006
Asphalt Institute
Asphalt Institute Building
College Park, MD 20740
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CITY OF PEARLAND
REFERENCE STANDARDS
AITC
AISC
AISI
American Institute of Timber Construction
333 W. Hampden Avenue
Englewood, CO 80110
American Institute of Steel Construction
400 North Michigan Avenue, Eighth Floor
Chicago, IL 60611
American Iron and Steel Institute
1000 16th Street, N.W.
Washington, DC 20036
ASME American Society of Mechanical Engineers
345 East 47th Street
New York, NY 10017
ANSI
APA
API
American National Standards Institute
1430 Broadway
New York, NY 10018
American Plywood Association
Box 11700
Tacoma, WA 98411
American Petroleum Institute
1220 L Street, N.W.
Washington, DC 20005
AREA American Railway Engineering Association
50 F Street, N.W.
Washington, DC 20001
ASTM American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
AWPA American Wood -Preservers Association
7735 Old Georgetown Road
Bethesda, MD 20014
AWS
American Welding Society
P.O. Box 35104
Miami, FL 33135
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CITY OF PEARLAND
REFERENCE STANDARDS
AWWA American Water Works Association
6666 West Quincy Avenue
Denver, CO 80235
CLFMI Chain Link Fence Manufacturers Institute
1101 Connecticut Avenue, N.W.
Washington, DC 20036
CRSI
Concrete Reinforcing Steel Institute
933 Plum Grove Road
Schaumburg, IL 60173-4758
EJMA Expansion Joint Manufacturers Association
707 Westchester Avenue
White Plains, NY 10604
FS
ICEA
IEEE
Federal Standardization Documents
General Services Administration, Specifications Unit (WFSIS)
7th and D Streets, S.W.
Washington, DC 20406
Insulated Cable Engineer Association
P .O. Box 440
S. Yarmouth, MA 02664
Institute of Electrical and Electronics Engineers
445 Hoes Lane
P .O. Box 1331
P iscataway, NJ 0855-1331
MIL Military Specifications
General Services Administration, Specifications Unit (WFSIS)
7th and D Streets, S.W.
Washington, DC 20406
NACE National Association of Corrosion Engineers
P . O. Box 986
Katy , TX 77450
NEMA National Electrical Manufacturers' Association
2101 L Street N.W., Suite 300
Washington, DC 20037
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CITY OF PEARLAND
REFERENCE STANDARDS
NFPA
OSHA
P CA
P CI
SDI
SSPC
TAC
TNRCC
TxDOT
UL
National Fire Protection Association
Batterymarch Park, P.O. Box 9101
Quincy, MA 02269-9101
Occupational Safety Health Administration
U.S. Department of Labor, Government Printing Office
Washington, DC 20402
P ortland Cement Association
5420 Old Orchard Road
Skokie, IL 60077-1083
Prestressed Concrete Institute
201 North Wacker Drive
Chicago, IL 60606
Steel Deck Institute
Box 9506
Canton, OH 44711
Steel Structures Painting Council
4400 Fifth Avenue
P ittsburgh, PA 15213
Texas Administrative Code
Texas Natural Resource Conservation Commission
P . O. Box 13087
Austin, TX 78711-3087
Texas Department of Transportation
llth and Brazos
Austin, TX 78701 2483
Underwriters' Laboratories, Inc.
333 Pfingston Road
Northbrook, IL 60062
UNI-BELL UNI-BELL Pipe Association
2655 Villa Creek Drive, Suite 155
Dallas, TX 75234
END OF SECTION
4/00 01420-4
CITY OF PEARLAND
CONTRACTOR'S QUALITY CONTROL
SECTION 01430
CONTRACTOR'S QUALITY CONTROL
1.0 GENERAL
1.01 SECTION INCLUDES
Quality assurance and control of installation and manufacturer's field services and
reports.
1.02 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A. Monitor quality control over suppliers, manufacturers, products, services, site
conditions, and workmanship, to produce Work of specified quality at no
additional cost to the City.
B. Comply fully with manufacturers' installation instructions, including each step
in sequence.
C. Request clarification from Engineer before proceeding should manufacturers'
instructions conflict with Contract Documents.
D. Comply with specified standards as minimum requirements for the Work except
when more stringent tolerances, codes, or specified requirements indicate higher
standards or more precise workmanship.
E. Perform work by persons qualified to produce the specified level of
workmanship.
1.03 REFERENCES
Obtain copies of standards and maintain at job site when required by individual
Specification sections.
1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS
A. When specified in individual Specification sections, provide material or product
suppliers' or manufacturers' technical representative to observe site conditions,
conditions of surfaces and installation, quality of workmanship, start-up of
equipment, operator training, test, adjust, and balance of equipment as
applicable, and to initiate operation, as required. Conform to minimum time
requirements for start-up operations and operator training if defined in
Specification sections.
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CITY OF PEARLAND
CONTRACTOR'S QUALITY CONTROL
B. At the Engineer's request, submit qualifications of manufacturer's representative
to Engineer 15 days in advance of required representative's services. The
representative shall be subject to approval of Engineer.
C. Manufacturer's representative shall report observations and site decisions or
instructions given to applicators or installers that are supplemental or contrary to
manufacturers' written instructions. Submit report within 14 days of observation
to Engineer for review.
2.0 PRODUCTS - NotUsed
3.0 EXECUTION - NotUsed
END OF SECTION
4/00 01430-2
CITY OF PEARLAND
INSPECTION SERVICES
Section 01440
INSPECTION SERVICES
1.0 GENERAL
1.01 SECTION INCLUDES
Inspection services and references.
1.02 INSPECTION
A. City Engineer will appoint an Inspector as a representative of the City to
perform inspections, tests, and other services specified in individual
specification Sections.
B. Alternately City Engineer may appoint, employ, and pay an independent firm to
provide additional inspection or construction management services as indicated
in Section 01450 - Testing Laboratory Services.
C. Reports will be submitted by the independent firm to City Engineer,
Architect/Engineer and Contractor indicating observations and results of tests
and indicating compliance or non-compliance with Contract Documents.
D. Contractor shall assist and cooperate with the Inspector; furnish samples of
materials, design mix, equipment, tools, and storage.
E Contractor shall notify City Engineer 24 hours prior to expected time for
operations requiring services. Notify Architect/Engineer and independent firm
when noted.
F. Contractor shall sign and acknowledge report for Inspector.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - NotUsed
END OF SECTION
4/00 01440-1
CITY OF PEARLAND
TESTING LABORATORY SERVICES
Section 01450
TESTING LABORATORY SERVICES
1.0 GENERAL
1.01 SECTION INCLUDES
Testing Laboratory Services and'Contractor responsibilities related to those services.
1.02 REFERENCES
A. ASTM D3740 - Practice for Evaluation of Agencies Engaged in Testing and/or
Inspection of Soil and Rock as Used in Engineering Design and Construction.
B. ASTM E329 - Recommended Practice for Inspection and Testing Agencies for
Concrete, Steel, and Bituminous Materials as Used in Construction.
1.03 SELECTION AND PAYMENT
A. Owner will employ and pay for services of an independent testing laboratory to
perform inspection and testing identified in individual Specification sections.
B Employment of testing laboratory shall not relieve Contractor of obligation to
perform work in accordance with requirements of Contract Documents.
C. Contractor shall schedule and monitor testing as required to provide timely
results and to avoid delay to the Work.
1.04 LABORATORY REPORTS
The Engineer will receive 1 copy, City Engineer will receive 2 copies, and the
Contractor will receive 2 copies of laboratory reports from the testing laboratory. One
of the Contractor's copies shall remain at site field office for duration of project. Test
results which indicate non-conformance shall be transmitted immediately via fax from
the testing laboratory to the Contractor and City Engineer.
1.05 LIMITS ON TESTING LABORATORY AUTHORITY
A. Laboratory may not release, revoke, alter, or enlarge on requirements of
Contract Documents.
B. Laboratory may not approve or accept any portion of the Work.
4/00 01450-1
CITY OF PEARLAND
TESTING LABORATORY SERVICES
C Laboratory may not assume any duties of Contractor.
D. Laboratory has no authority to stop the Work.
1.06 CONTRACTOR RESPONSIBILITIES
A. Notify City Engineer, and laboratory 24 hours prior to expected time for
operations requiring inspection and testing services. Notify Architect/Engineer
if specification section requires the presence of the Architect/Engineer.
B. Cooperate with laboratory personnel in collecting samples to be tested or
collected on site.
C. Provide access to the Work and to manufacturer's facilities.
D. Provide samples to laboratory in advance of their intended use to allow thorough
examination and testing.
E Provide incidental labor and facilities for access to the Work to be tested; to
obtain and handle samples at the site or at source of products to be tested; and to
facilitate tests and inspections including storage and curing of test samples.
F. Arrange with laboratory and pay for:
1. Retesting required for failed tests.
2. Retesting for nonconforming Work.
3. Additional sampling and tests requested by Contractor for his own
purposes.
2.0 PRODUCTS -Not Used
3.0 EXECUTION
3.01 CONDUCTING TESTING
Laboratory sampling and testing shall conform to ASTM D3740 and ASTM E329, plus
other test standards specified in individual Specification sections.
END OF SECTION
4/00 01450-2
CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
Section 01500
TEMPORARY FACILITIES AND CONTROLS
1.0 GENERAL
1.01 SECTION INCLUDES
Temporary facilities and the necessary controls for the project including utilities,
telephone, sanitary facilities, field office, storage sheds and building, safety
requirements, first aid equipment, fire protection, security measures protection of the
Work and property, access roads and parking, environmental controls, disposal of trash,
debris, and excavated material, pest and rodent control, water runoff and erosion
control.
1.02 CONTRACTOR'S RESPONSIBILITY
A. The facilities and controls specified in this section are considered minimum for
the Project. The Contractor may provide additional facilities and controls for
the proper execution of the Work and to meet Contractor's responsibilities for
protection of persons and property.
B. Comply with applicable requirements specified in other sections of the
Specifications.
1. Maintain and operate temporary facilities and systems to assure
continuous service.
2. Modify and extend systems as Work progress requires.
3. Completely remove temporary materials and equipment when their use is
no longer required.
4. Restore existing facilities used for temporary services to specified or to
original condition.
1.03 TEMPORARY UTILITIES
A. Obtaining Temporary Service.
1. Make arrangements with utility service companies for temporary
services.
2. Abide by rules and regulations of the utility service companies or
authorities having jurisdiction.
3. Be responsible for utility service costs until the Work is substantially
complete. Included are fuel, power, light, heat, and other utility services
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CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
necessary for execution, completion, testing, and initial operation of the
Work.
B. Water:
1. Provide water required for and in connection with Work to be performed
and for specified tests of piping, equipment, devices, or for other use as
required for proper completion of the Work.
2. For water to be drawn from public fire hydrants, obtain special permit or
license and meter from the proper City officials. A deposit based on
rates established by latest ordinance will be required. Install backflow
preventor on fire hydrant supply.
3. Provide and maintain an adequate supply of potable water for domestic
consumption by Contractor personnel.
C. Electricity and Lighting:
1. Provide electric power service as required for the Work, including
testing of Work. Provide power for lighting, operation of the
Contractor's equipment, or for any other use by Contractor.
2 Electric power service includes temporary power service or generator to
maintain plant operations during any scheduled shutdown.
3. Minimum lighting level shall be 5 foot-candles for open areas; 10-foot-
candles for stairs and shops.
D. Temporary Heat and Ventilation:
1. Provide temporary heat as necessary for protection or completion of the
Work.
2. Provide temporary heat and ventilation to assure safe working
conditions; maintain enclosed areas at a minimum of 50 ° F.
E Telephone: Provide emergency telephone service at the Contractor's field
office, or by mobile telephone, for use by Contractor personnel and others
performing work or furnishing services at the site.
F. Sanitary Facilities:
1. To provide and maintain sanitary facilities for persons on the job site,
comply with the regulations of State and local departments of health.
2 Enforce the use of sanitary facilities by construction personnel at the job
site. Such facilities shall be enclosed. Pit -type toilets will not be
permitted. No discharge will be allowed from these facilities. Collect
and store sewage and waste so as not to cause a nuisance or health
problem; have sewage and waste hauled off -site and properly disposed in
accordance with local regulations.
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CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
3 Locate toilets near the Work site and secluded from view insofar as
possible. Keep toilets clean and supplied throughout the course of the
Work.
1.04 FIELD OFFICE
Provision of a field office is not required unless stated otherwise in the Contract
Documents. If the Contractor chooses to provide one, locate it in a place approved by
the Engineer.
1.05 STORAGE OF MATERIALS
A. Provide adequately ventilated, watertight storage facilities with floor above
ground level for materials and equipment susceptible to weather damage.
B. Storage of materials not susceptible to weather damage may be on blocks off the
ground.
C. Store materials in a neat and orderly manner. Place materials and equipment to
permit easy access for identification, inspection and inventory.
1.06 SAFETY REQUIREMENTS
A. Submit and follow a safety program in accordance with Section 00700 - General
Conditions, Paragraph 4.23
B. Conduct operations in strict accord with applicable Federal, State and local
safety codes and statutes and with good construction practice. The Contractor is
fully responsible and obligated to establish and maintain procedures for safety
of all work, personnel and equipment involved in the Project.
C. Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.)
and with all safety and health standards promulgated by Secretary of Labor
under Section 107 of Contract Work Hours and Standards Act, published in 29
CFR Part 1926 and adopted by Secretary of Labor as occupational safety and
health standards under the Williams -Steiger Occupational Safety and Health Act
of 1970, and to any other legislation enacted for safety and health of Contractor
employees. Such safety and health standards apply to subcontractors and their
employees as well as to the Contractor and its employees.
D. Observance of and compliance with the regulations shall be solely and without
qualification the responsibility of the Contractor without reliance or
superintendence of or direction by the Engineer or the Engineer's representative.
Immediately advise the Engineer of investigation or inspection by Federal
Safety and Health inspectors of the Contractor or subcontractor's work or place
of work on the job site under this Contract, and after such investigation or
4/00 01500-3
CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
inspection advise the Engineer of the results. Submit one copy of accident
reports to Engineer within 10 days of occurrence.
E Protect areas occupied by workmen using the best available devices for
detection of lethal and combustible gases. Test such devices frequently to
assure their functional capability. Constantly observe infiltration of liquids into
the Work area for visual or odor evidences of contamination, immediately take
appropriate steps to seal off entry of contaminated liquids to the Work area.
F. Safety measures, including but not limited to safety personnel, first -aid
equipment, ventilating equipment and safety equipment, in the specifications
and shown on the Drawings are obligations of the Contractor.
G. Maintain required coordination with the local Police and Fire Departments
during the entire period covered by the Contract.
1.07 FIRST -AID EQUIPMENT
A. Provide a first aid kit throughout the construction period. List telephone
numbers for physicians, hospitals, and ambulance services in each first aid kit.
B. Have at least one person thoroughly trained in first aid procedures present on the
site whenever Work is in progress.
1.08 FIRE PROTECTION
A. Fire Protection Standards.
1. Conform to specified fire protection and prevention requirements as well
as those which may be established by Federal, State, or local
governmental agencies.
2. Comply with all applicable provisions of NFPA Standard No. 241,
Safeguarding Building Construction and Demolition Operations.
3. Provide portable fire extinguishers rated not less than 2A or 5B in
accordance with NFPA Standard No. 10, Portable Fire Extinguishers, for
each temporary building, and for every 3,000 square feet of floor area of
facilities under construction.
4 Locate portable fire extinguishers within 50 feet maximum from any
point in the Project area.
B. Fire Prevention and Safety Measures.
1. Prohibit smoking in hazardous areas. Post suitable warning signs in
areas which are continuously or intermittently hazardous.
2. Use metal safety containers for storage and handling of flammable and
combustible liquids.
4/00 01500-4
CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
3. Do not store flammable or combustible liquids in or near stairways or
exits. Maintain clear exits from all points within a structure.
1.09 SECURITY MEASURES
A. Protect all Work materials, equipment, and property from loss, theft, damage,
and vandalism. Contractor's duty to protect property includes Owner's property.
B. If existing fencing or barriers are breached or removed for purposes of
construction, provide and maintain temporary security fencing equal to existing.
1.10 PROTECTION OF PUBLIC UTILITIES
Prevent damage to existing public utilities during construction. These utilities are
shown on the Drawings at their approximate locations. Give owners of these utilities at
least 48 hours notice before commencing Work in the area, for locating the utilities
during construction, and for making adjustments or relocation of the utilities when they
conflict with the proposed Work.
1.11 PROTECTION OF THE WORK AND PROPERTY
A. Preventive Actions:
1. Take precautions, provide programs, and take actions necessary to
protect the Work and public and private property from damage.
2. Take action to prevent damage, injury or loss, including, but not limited
to, the following:
a. Store apparatus, materials, supplies, and equipment in an orderly,
safe manner that will not unduly interfere with progress of the
Work or the Work of any other contractor, any utility service
company, or the Owner's operations.
b. Provide suitable storage for materials which are subject to
damage by exposure to weather theft, breakage, or otherwise.
c. Place upon the Work or any part thereof only such loads as are
consistent with the safety of that portion of the Work.
d. Frequently clean up refuse, rubbish scrap materials, and debris
caused by construction operations, keeping the Project site safe
and orderly.
e. Provide safe barricades and guard rails around openings, for
scaffolding, for temporary stairs and ramps, around excavations,
elevated walkways, and other hazardous areas.
3. Obtain written consent from proper parties before entering or occupying
with workers, tools, materials or equipment, privately -owned land except
on easements provided for construction.
4. Assume full responsibility for the preservation of public and private
property on or adjacent to the site. If any direct or indirect damage is
4/00 01500-5
CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
done by or on account of any act, omission, neglect, or misconduct in
execution of the Work by the Contractor, it shall be restored by the
Contractor to a condition equal to or better than that existing before the
damage was done.
B. Barricades and Warning Signals: Where Work is performed on or adjacent to
any roadway, right-of-way or public place, furnish and erect barricades, fences,
lights, warning signs, and danger signals; provide watchmen; and take other
precautionary measures for the protection of persons or property and protection
of the Work.
C. Tree and Plant Protection. Conform. to requirements of Section 01563 - Tree
and Plant Protection. Contractor to take special care to completely avoid areas
designated as `Wetlands ' and shall not do Work or store materials in locations
that will affect these protected areas.
D. Protection of Existing Structures
1. Underground Structures:
a. Underground structures are defined to include, but not be limited
to, sewer, water, gas, and other piping, and manholes, chambers,
electrical and signal conduits, tunnels, and other existing
subsurface installations located within or adjacent to the limits of
the Work.
b. Known underground structures, including water, sewer, electric,
and telephone services are shown on the Drawings in accordance
with the best information available, but is not guaranteed to be
correct or complete. Contractor is responsible for making
"Locate" calls.
c. Explore ahead of trenching and excavation work and uncover
obstructing underground structures sufficiently to determine their
location, to prevent damage to them and to prevent interruption of
utility services. Restore to original condition damages to
underground structure at no additional cost to the Owner.
d. Necessary changes in location of the Work may be made by the
Engineer to avoid unanticipated underground structures.
e. If permanent relocation of an underground structure or other
subsurface installations is required and not otherwise provided for
in the Contract Documents, the Engineer will direct Contractor in
writing to perform the Work, which shall be paid for under the
provisions for changes in the Contract Price as described in
Document 00700 - General Conditions.
2. Surface Structures: Surface structures are defined as existing buildings,
structures and other constructed installations above the ground surface.
Included with such structures are their foundations or any extension
below the surface. Surface structures include, but are not limited to
4/00 01500-6
CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
buildings, tanks, walls, bridges, roads dams, channels, open drainage,
piping, poles, wires, posts, signs, markers, curbs, walks, guard cables,
fencing and other facilities that are visible above the ground surface.
3. Protection of Underground and Surface Structures:
a. Support in place and protect from direct or indirect injury to
underground and surface structures located within or adjacent to
the limits of the Work. Install such supports carefully and as
required by the party owning or controlling such structure.
Before installing structure supports, Contractor shall satisfy the
Engineer that the methods and procedures to be used have been
approved by the owner of the structure.
b. Avoid moving or in any way changing the property of public
utilities or private service corporations without prior written
consent of a responsible official of that service or public utility.
Representatives of these utilities reserve the right to enter within
the limits of this project for the purpose of maintaining their
properties, or of making such changes or repairs to their property
that may be considered necessary by performance of this
Contract.
c. Notify the owners and/or operators of utilities and pipelines of
the nature of construction operations to be performed and the date
or dates on which those operations will be performed. When
construction operations are required in the immediate vicinity of
existing structures, pipelines, or utilities, give a minimum of 5
working days advance notice. Probe and flag the location of
underground utilities prior to commencement of excavation.
Keep flags in place until construction operation reach and
uncover the utility.
d. Assume risks attending the presence or proximity of underground
and surface structures within or adjacent to the hmits to the Work
including but not limited to damage and expense for direct or
indirect injury caused by the Work to any structure. Immediately
repair damage caused, to the satisfaction of the owner of the
damaged structure.
E. Protection of Installed Products.
1. Provide protection of installed products to prevent damage from
subsequent operations. Remove protection facilities when no longer
needed prior to completion of Work.
2. Control traffic to prevent damage to equipment, materials, and surfaces.
1.12 ROADS AND PARKING
A. Prevent interference with traffic and Owner operations on existing roads.
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CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
B. Designate temporary parking areas to accommodate construction personnel.
When site space is not adequate, provide additional off -site parking Locate as
approved by Engineer.
C. Minimize use by construction traffic of existing streets and driveways.
D. Do not allow heavy vehicles or construction equipment unnecessarily in existing
parking areas.
1.13 ENVIRONMENTAL CONTROLS
A. Provide and maintain methods, equipment, and temporary construction as
necessary for controls over environmental conditions at the construction site
and adjacent areas.
B. Comply with statutes, regulations, and ordinances which relate to the proposed
Work for the prevention of environmental pollution and preservation of natural
resources, including but not limited to the National Environmental Policy Act of
1969, PL 91-190, Executive Order 11514.
C. Recognize and adhere to the environmental requirements of the Project.
Disturbed areas shall be strictly limited to boundaries established by the
Contract Documents. Particularly avoid pollution of "on -site' streams, sewers,
wells, or other water sources.
D. Burning of rubbish, debris or waste materials is not permitted.
1.14 POLLUTION CONTROL
A. Provide methods, means, and facilities required to prevent contamination of soil,
water or atmosphere by discharge of noxious substances from construction
operations.
B. Provide equipment and personnel to perform emergency measures required to
contain any spillage, and to remove contaminated soils or liquids Excavate and
dispose of any contaminated earth off -site, and replace with suitable compacted
fill and topsoil.
C. Take special measures to prevent harmful substances from entering public
waters Prevent disposal of wastes, effluents, chemicals, or other such
substances adjacent to streams, or in sanitary or storm sewers.
D. Provide systems for control of atmospheric pollutants.
1. Prevent toxic concentrations of chemicals.
2. Prevent harmful dispersal of pollutants into the atmosphere.
4/00 01500-8
CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
E Use equipment during construction that conforms to current Federal, State, and
local laws and regulations.
1.15 PEST AND RODENT CONTROL
A. Provide rodent and pest control as necessary to prevent infestation of
construction or storage areas.
B. Employ methods and use materials which will not adversely affect conditions at
the site or on adjoining properties.
1.16 NOISE CONTROL
A. Provide vehicles, equipment, and construction activities that minimize noise to
the greatest degree practicable. Noise levels shall conform to the latest OSHA
standards and City Ordinances and in no case will noise levels be permitted
which create a nuisance in the surrounding neighborhoods.
B. Conduct construction operations during daylight hours from 7:30 a.m. to 6:00
p.m. except as approved by Engineer.
1.17 DUST CONTROL
Control objectionable dust caused by operation of vehicles and equipment Apply
water or use other methods, subject to approval of the Engineer, which will control the
amount of dust generated.
1.18 WATER RUNOFF AND EROSION CONTROL
A. Provide methods to control surface water runoff, subsurface water, and water
pumped from excavations and structures to prevent damage to the Work, the
site, or adjoining properties.
B. Control fill, grading and ditching to direct water away from excavations, pits,
and other construction areas; and to direct drainage to proper runoff courses so
as to prevent any erosion, sedimentation or damage.
C. Provide, operate, and maintain equipment and facilities of adequate size to
control surface water.
D. Dispose of drainage water in a manner to prevent flooding, erosion, or other
damage to any portion of the site or to adjoining areas and in conformance with
environmental requirements.
4/00 01500-9
CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
E. Retain existing drainage patterns external to the construction site by
constructing temporary earth berms, sedimentation basins, retaining areas, and
temporary ground cover as needed to control conditions.
F. Plan and execute construction and earth work by methods to control surface
drainage from cuts and fills, and from borrow and waste disposal areas, to
prevent erosion and sedimentation.
1. Keep to a minimum the area of bare soil exposed at one time.
2. Provide temporary control measures, such as berms, dikes, and drains.
G. Construct fills and waste areas by selective placement to eliminate surface silts
or clays which will erode.
H. Inspect earthwork periodically to detect any evidence of the start of erosion.
Apply corrective measures as required to control erosion.
2.0 PRODUCTS-NotUsed
3.0 EXECUTION-NotUsed
END OF SECTION
4/00 01500-10
CITY OF PEARLAND
MOBILIZATION
Section 01505
MOBILIZATION
1.0 GENERAL
1.01 SECTION INCLUDES
Mobilization of construction equipment and facilities onto the site.
1.02 UNIT PRICES
A. Measurement for mobilization is on a lump sum basis.
B. Mobilization payments will be included in monthly payment estimates upon
written application by Contractor. Authorization for payment of 50 percent of
the contract price for mobilization will be made upon receipt and approval by
Engineer of the following items, as applicable:
1. Schedule of values, if required by Section 01350 - Submittals;
2. Trench safety program;
3. Construction schedule; and
4. Pre -construction Photographs, if required by Section 01350 — Submittals.
C. Authorization for payment of the remaining 50 percent of the Contract Price for
mobilization will be made upon completion of Work amounting to 5 percent of
the Contract Price less the mobilization unit price.
D. Mobilization payments will be subject to retamage amounts stipulated in the
General Conditions.
2.0 PRODUCTS Not Used
3.0 EXECUTION - NotUsed
END OF SECTION
4/00
01505-1
CITY OF PEARLAND
STABILIZED CONSTRUCTION EXIT
Section 01550
STABILIZED CONSTRUCTION EXIT
1.0 GENERAL
1.01 SECTION INCLUDES
Installation of erosion and sediment control for stabilized construction exits used during
construction and until final development of the site.
1.02 SUBMITTALS
A. Manufacturer's catalog sheets and other product data on geotextile fabric.
B. Sieve analysis of aggregates conforming to requirements of this Specification.
1.03 UNIT PRICES
Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be
made for work performed under this Section. Include cost of work performed under
this Section in pay items for which this work is a component.
PART2 PRODUCTS
2.01 GEOTEXTILE FABRIC
A. Provide woven or nonwoven geotextile fabric made of either polypropylene,
polyethylene, ethylene, or polyamide material.
B. Geotextile fabric shall have a minimum grab strength of 270 psi in any principal
direction (ASTM D-4632), and the equivalent opening size between 50 and 140.
C. Both the geotextile and threads shall be resistant to chemical attack, mildew,
and rot and shall contain ultraviolet ray inhibitors and stabilizers to provide a
minimum of 6 months of expected usable life at a temperature range of 0 F to
120 F.
D. Representative Manufacturers: Mirafi, Inc., or equal.
2.02 COARSE AGGREGATES
A. Coarse aggregate shall consist of crushed stone, gravel, concrete, crushed blast
furnace slag, or a combination of these materials. Aggregate shall be composed
4/00 01550-1
CITY OF PEARLAND
STABILIZED CONSTRUCTION EXIT
of clean, hard, durable materials free from adherent coatings, salt, alkali, dirt,
clay, loam, shale, soft or flaky materials, or organic and injurious matter.
B. Coarse aggregates shall conform to the following gradation requirements.
Sieve
(Square
Size
Mesh)
Percent
Weight)
Retained
(By
2-1/2'
0
2"
0-20
1-1/2"
15 - 50
3/4"
60
- 80
No.
4
95 -
100
PART3 EXECUTION
3.01 PREPARATION AND INSTALLATION
A. If necessary to keep the street clean of mud carried by construction vehicles and
equipment, Contractor shall provide stabilized construction roads and exits at
the construction staging, parking, storage, and disposal areas. Such erosion and
sediment controls shall be constructed in accordance with the requirements
shown on the Drawings and specified in this Section.
B. No clearing and grubbing or rough cutting shall be permitted until erosion and
sediment control systems are in place, other than as specifically directed by the
Engineer to allow soil testing and surveying.
C. Maintain existing erosion and sediment control systems located within the
project site until acceptance of the project or until directed by the Engineer to
remove and discard the existing system.
D. Regularly inspect and repair or replace components of stabilized construction
exits. Unless otherwise directed, maintain the stabilized construction roads and
exits until the project is accepted by the City. Remove stabilized construction
roads and exits promptly when directed by the Engineer. Discard removed
materials off site.
E Remove sediment deposits and dispose of them at the designated spoil site for
the project. If a project spoil site is not designated on the Drawings, dispose of
sediment off site at location not in or adjacent to a stream or floodplain. Off -site
disposal is the responsibility of the Contractor. Sediment to be placed at the
project site should be spread evenly throughout the site, compacted and
stabilized. Sediment shall not be allowed to flush into a stream or drainage way.
If sediment has been contaminated it shall be disposed of in accordance with
existing federal, state, and local rules and regulations.
4/00 01550-2
CITY OF PEARLAND
STABILIZED CONSTRUCTION EXIT
F Equipment and vehicles shall be prohibited by the Contractor from maneuvering
on areas outside of dedicated rights -of -way and easements for construction.
Damage caused by construction traffic to erosion and sediment control systems
shall be repaired immediately.
G. Conduct all construction operations under this Contract in conformance with the
erosion control practices described in the Specification 01566 - Source Controls
for Erosion and Sedimentation.
3.02 CONSTRUCTION METHODS
A. Provide stabilized access roads, subdivision roads, parking areas, and other on -
site vehicle transportation routes where shown on Drawings.
B. Provide stabilized construction exits, and truck washing areas when approved by
Engineer, of the sizes and locations where shown on Drawings or as specified in
this Section.
C. Vehicles leaving construction areas shall have their tires cleaned to remove
sediment prior to entrance onto public right-of-way. When washing is needed to
remove sediment, Contractor shall construct a truck washing area. Truck
washing shall be done on stabilized areas which drain into a drainage system
protected by erosion and sediment control measures.
D. Details for stabilized construction exit are shown on the Drawings.
Construction of all other stabilized areas shall be to the same requirements
Roadway width shall be at least 14 feet for one-way traffic and 20 feet for two-
way traffic and shall be sufficient for all ingress and egress. Furnish and place
geotextile fabric as a permeable separator to prevent mixing of coarse aggregate
with underlaying soil Exposure of geotextile fabric to the elements between
laydown and cover shall be a maximum of 14 days to minimize damage
potential.
E Roads and parking areas shall be graded to provide sufficient drainage away
from stabilized areas. Use sandbags, gravel, boards, or similar methods to
prevent sediment from entering public right-of-way, receiving stream or storm
water conveyance system.
F. The stabilized areas shall be inspected and maintained daily. Provide periodic
top dressing with additional coarse aggregates to maintain the required depth.
Repair and clean out damaged control measures used to trap sediment. All
sediment spilled, dropped, washed, or tracked onto public right-of-way shall be
removed immediately.
4/00 01550-3
CITY OF PEARLAND
STABILIZED CONSTRUCTION EXIT
G. The length of the stabilized area shall be as shown on the Drawings but not less
than 50 feet. The thickness shall not be less than 8 inches. The width shall not
be less than full width of all points of ingress or egress.
H. Stabilization for other areas shall have the same coarse aggregate, thickness, and
width requirements as the stabilized construction exit, except where shown
otherwise on the Drawings.
I. Stabilized area may be widened or lengthened to accommodate truck washing
area when authorized by Engineer.
J. Alternative methods of construction may be utilized when shown on Drawings,
or when approved by the Engineer. These methods include the following:
1. Cement -Stabilized Soil - Compacted cement -stabilized soil or other fill
material in an application thickness of at least 8 inches.
2. Wood Mats/Mud Mats - Oak or other hardwood timbers placed edge -to -edge
and across support wooden beams which are placed on top of existing soil in
an application thickness of at least 6 inches.
3. Steel Mats - Perforated mats placed across perpendicular support members.
END OF SECTION
4/00 01550-4
CITY OF PEARLAND
FILTER FABRIC FENCE
1.0 GENERAL
SECTION 01560
FILTER FABRIC FENCE
1.01 SECTION INCLUDES
Installation of erosion and sediment control filter fabric fences used during construction
and until final development of the site. The purpose of filter fabric fences is to contain
pollutants from overland flow. Filter fabric fences are not for use in channelized flow
areas. Filter fabric fences may be reinforced.
1.02 UNIT PRICES
A. Filter fabric fence will be measured by the linear foot of completed and accepted
filter fabric fence between the limits of the beginning and ending of wooden
stakes. Filter fabric fence, measured as stated, will be paid for at the unit price
bid for Filter Fabric Fence, Complete in Place.
B. Payment for filter fabric fence will include and be full compensation for all
labor, equipment, materials, supervision, and all incidental expenses for
construction of these items, complete in place, including but not limited to
protection of trees, maintenance requirements, repair and replacement of
damaged sections, removal of sediment deposits, and removal of erosion and
sediment control systems at the end of construction.
C. Filter fabric barrier, if specified, will be measured by the linear foot of
completed and accepted filter fabric barrier between the limits of the beginning
and ending fence posts. Filter fabric barrier, measured as stated, will be paid for
at the unit price bid for Filter Fabric Fence, Complete in Place.
D. Payment for filter fabric barrier will include and be full compensation for all
labor, equipment, materials, supervision, and incidental expenses for
construction of these items, complete in place, including but not limited to
protection of trees, maintenance requirements, repair and replacement of
damaged sections, removal of sediment deposits, and removal of erosion and
sediment control systems at the end of construction.
1.03 SUBMITTALS
A. Manufacturer's catalog sheets and other product data on geotextile fabric.
B. Conform to requirements of Section 01350 - Submittals.
4/00 01560-1
CITY OF PEARLAND
FILTER FABRIC FENCE
2.0 PRODUCTS
2.01 FILTER FABRIC
A. Provide woven or nonwoven geotextile filter fabric made of either
polypropylene, polyethylene, ethylene, or polyamide material.
B. Geotextile fabric shall have a grab strength of 100 psi in any principal direction
(ASTM D-4632), Mullen burst strength exceeding 200 psi (ASTM D-3786), and
the equivalent opening size between 50 and 140.
C. Filter fabric material shall contain ultraviolet inhibitors and stabilizers to
provide a minimum of 6 months of expected usable construction life at a
temperature range of 0 °F to 120 °F.
D. Representative Manufacturer: Mirafi, Inc., or equal.
2.02 FILTER FABRIC REINFORCEMENT
Provide woven galvanized steel wire fence with minimum thickness of 14 gauge and a
maximum mesh spacing of 6 inches.
3.0 EXECUTION
3.01 PREPARATION AND INSTALLATION
A. Provide erosion and sediment control systems at the locations shown on
Drawings. Such systems shall be of the type indicated and shall be constructed
in accordance with the requirements shown on the Drawings and specified in
this Section.
B. No clearing and grubbing or rough cutting shall be permitted until erosion and
sediment control systems are in place, other than site work specifically directed
by the Engineer to allow soil testing and surveying.
C. Regularly inspect and repair or replace damaged components of filter fabric
fences as specified in this Section. Unless otherwise directed, maintain the
erosion and sediment control systems until the project area stabilization is
accepted by the Owner. Remove erosion and sediment control systems
promptly when directed by the Engineer. Discard removed materials off site.
D. Remove sediment deposits and dispose of them at the designated spoil site for
the project. If a project spoil site is not designated on the Drawings dispose of
sediment off site at a location not in or adjacent to a stream or floodplain. Off -
site disposal is the responsibility of the Contractor. Sediment to be placed at the
4/00 01560-2
CITY OF PEARLAND
FILTER FABRIC FENCE
project site should be spread evenly throughout the site, compacted and
stabilized. Sediment shall not be allowed to flush into a stream or drainage way.
If sediment has been contaminated, it shall be disposed of in accordance with
existing federal, state, and local rules and regulations.
E Conduct all construction operations under this Contract in conformance with the
erosion control practices described in Section 01566 - Source Controls for
Erosion and Sedimentation.
3.02 CONSTRUCTION METHODS
A. Provide filter fabric fence systems in accordance with the Drawing detail for
Filter Fabric Fences. Filter fabric fences shall be installed in such a manner that
surface runoff will percolate through the system in sheet flow fashion and allow
sediment to be retained and accumulated.
B. Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of
3 feet apart and embedded a minimum of 8 inches. If filter fabric is factory
preassembled with support netting, then maximum spacing allowable is 8 feet.
Install wooden stakes at a slight angle toward the source of anticipated runoff.
C. Trench in the toe of the filter fabric fence with a spade or mechanical trencher as
shown on the Drawings Lay filter fabric along the edges of the trench. Backfill
and compact trench.
D. Filter fabric fence shall have a minimum height of 18 inches and a maximum
height of 36 inches above natural ground.
E Provide the filter fabric in continuous rolls and cut to the length of the fence to
minimize the use of joints. When joints are necessary, splice the fabric together
only at a support post with a minimum 6-inch overlap and seal securely.
F. Inspect sediment filter barrier systems after each rainfall, daily during periods of
prolonged rainfall, and at a minimum once each week. Repair or replace
damaged sections immediately. Remove sediment deposits when silt reaches a
depth one-third the height of the fence or 6 inches, whichever is less.
G. Install reinforced filter fabric barriers for erosion and sediment control used
during construction and until the final development of the site. Reinforced filter
fabric barriers are used to retain sedimentation in channelized flow areas.
H. Provide filter fabric barriers in accordance with the Drawing detail for
Reinforced Filter Fabric Barrier. Filter fabric barrier systems shall be installed
in such a manner that surface runoff will percolate through the system in sheet
flow fashion and allow sediment to be retained and accumulated.
4/00
01560-3
CITY OF PEARLAND
FILTER FABRIC FENCE
I. Trench in the toe of the filter fabric barrier with a spade or mechanical trencher
as shown on the Drawings Lay filter fabric along the edges of the trench.
Backfill and compact trench.
J. Securely fasten the filter fabric material to the woven wire with tie wires.
K Provide the filter fabric in continuous rolls and cut to the length of the fence to
minimize the use of joints. When joints are necessary, splice the fabric together
only at a support post with a minimum 6-inch overlap and seal securely.
L. Inspect the reinforced filter fabric barrier systems after each rainfall, daily
during periods of prolonged rainfall, and at. a minimum once each week. Repair
or replace damaged sections immediately. Remove sediment deposits when silt
reaches a depth one-third the height of the barrier or 6 inches, whichever is less.
END OF SECTION
4/00 01560-4
CITY OF PEARLAND
WASTE MATERIAL DISPOSAL
SECTION 01562
WASTE MATERIAL DISPOSAL
1.0 GENERAL
1.01 SECTION INCLUDES
Disposal of waste material and salvageable material.
1.02 UNIT PRICES
No separate payment will be made for waste material disposal under this Section.
Include payment in unit price for related sections.
1.03 SUBMITTALS
A. Submittals shall conform to requirements of Section 01350 - Submittals.
B. Obtain and submit disposal permits for proposed disposal sites if required by
local ordinances.
C. Submit a copy of written permission from property owner, along with
description of property, prior to disposal of excess material adjacent to the
Project. Submit a written and signed release from property owner upon
completion of disposal work. City of Pearland requires individual fill placement
permits for all fill placed within the City limits.
2.0 PRODUCTS - NotUsed
3.0 EXECUTION
3.01 SALVAGEABLE MATERIAL
A. Excavated material: When indicated on Drawings, load, haul, and deposit
excavated material at a location or locations shown on Drawings outside the
limits of Project.
B. Base, surface, and bedding material: Deliver gravel, bituminous, or other base
and surfacing material designated for salvage to the location designated by the
Engineer.
C. Pipe culvert: Deliver culverts designated for salvage to Owner's storage area.
4/00 01562-1
CITY OF PEARLAND
WASTE MATERIAL DISPOSAL
D. Other salvageable materials: Conform to requirements of individual
Specification Sections.
E Coordinate delivery of salvageable material with Engineer.
3.02 EXCESS MATERIAL
A. Vegetation rubble, broken concrete, debris, asphaltic concrete pavement excess
soil, and other materials not designated for salvage, shall become the property of
Contractor and shall be removed from the job site and legally disposed of
B Excess soil may be deposited on private property adjacent to the Project when
written permission is obtained from property owner. See Paragraph 1.03 C
above.
C. Verify the flood plain status of any proposed disposal site. Do not dispose of
excavated materials in an area designated as within the 100-year Flood Hazard
Area.
D. Waste materials shall be removed from the site on a daily basis, such that the
site is maintained in a neat and orderly condition.
END OF SECTION
4/00 01562-2
CITY OF PEARLAND
TREE AND PLANT PROTECTION
SECTION 01563
TREE AND PLANT PROTECTION
1.0 GENERAL
1.01 SECTION INCLUDES
Tree and plant protection.
1.02 PROJECT CONDITIONS
A. Preserve and protect existing trees and plants to remain from foliage, branch,
trunk, or root damage that could result from construction operations.
B. Prevent following types of damage:
1. Compaction of root zone by foot or vehicular traffic or material storage.
2. Trunk damage from equipment operations, material storage, or from
nailing or bolting.
3. Trunk and branch damage caused by ropes or guy wires or machine
impacts.
4. Root poisoning from spilled solvents, gasoline, paint, and other noxious
materials.
5. Branch damage due to improper pruning or trimming.
6. Damage from lack of water due to:
a. Cutting or altering natural water migration. patterns near root
zones.
b. Failure to provide adequate watering.
7. Damage from alteration of soil pH factor caused by depositing lime,
concrete, plaster, or other base materials near roots.
8. Cutting feeder roots or roots larger than 1-1/2 inches in diameter.
1.03 DAMAGE ASSESSMENT
When trees other than those designated for removal are destroyed or badly damaged as
a result of construction operations, remove and replace with same size, species, and
variety up to and including 8 inches in trunk diameter. Tree larger than 8 inches in
diameter shall be replaced with an 8-inch diameter tree of the same species and variety
and total contract amount will be reduced by an amount determined from the following
International Shade Tree Conference formula: 0.7854 x D2 x $10.00 where D is
diameter in inches of tree or shrub trunk measured 12 inches above grade.
4/00
01563-1
CITY OF PEARLAND
TREE AND PLANT PROTECTION
2.0 PRODUCTS
2.01 MATERIALS
A. Asphalt paint: Emulsified asphalt or other adhesive, elastic, antiseptic coating
formulated for horticultural use on cut or injured plant tissue, free from kerosene
and coal creosote.
B. Burlap: Suitable for use as tree wrapping.
C. Fertilizer• Liquid containing 20 percent nitrogen, 10 percent phosphorus, and 5
percent potash.
D. All necessary tree replacements shall be as approved by Engineer/Urban
Forester.
3.0 EXECUTION
3.01 PROTECTION AND MAINTENANCE OF EXISTING TREES AND
SHRUBS
A Except for trees and shrubs shown on Drawings to be removed, all trees and
shrubs within the project area are to remain and be protected from damage.
B. For trees to be removed, as designated on the Drawings, perform the following:
1. Stake right-of-way limits and identify any tree of diameter greater than 4
inches which is to be removed. Mark trees prior to felling with an X in
orange paint, clearly visible, on the trunk, and at eye level.
2. After marking trees give a minimum of 48-hours notice in writing to the
Engineer of intent to begin felling operations.
3. Trees whose trunks are only partially in the right-of-way shall be
protected and preserved as described below.
C. For trees or shrubs to remain, perform the following:
1. Trim trees and shrubs only as necessary.
2. Trees and shrubs requiring pruning for construction should also be
pruned for balance as well as to maintain proper foam and branching
habit.
3. Cut limbs at branch collar. No stubs should remain on trees. Branch
cuts should not gouge outer layer of tree structure or trunk.
4. Use extreme care to prevent excessive damage to root systems.
5. Roots in construction areas will be cut smoothly with a trencher before
excavation begins. Do not allow ripping of roots with a backhoe or other
equipment.
4/00 01563-2
CITY OF PEARLAND
TREE AND PLANT PROTECTION
6. Temporarily cover exposed roots with wet burlap to prevent roots from
drying out.
7. Cover exposed roots with soil as soon as possible.
8. Prevent damage or compaction of root zone (area inside dripline) by
construction activities.
9 Do not allow scarring of trunks or limbs by equipment or other means.
10. Do not store construction materials, vehicles, or excavated material
inside dripline of trees.
11. Do not pour liquid waste materials inside dripline.
12. Water and fertilize trees and shrubs that will remain to maintain their
health during construction period.
D. Supplemental watering of landscaping during construction should be done once
every 7 days in cold months and once every 4 days in hotter months. This
watering shall consist of saturating soils at least 6 to 8 inches beneath surface.
E. Water areas currently being served by private sprinkler systems while systems
are temporarily taken out of service to maintain health of existing landscapes.
F. At option of the Contractor and with the Engineer's permission, trees and shrubs
to remain may be temporarily transplanted and returned to original positions
under supervision of professional horticulturist.
3.02 PROTECTION
A. Protection of Trees or Shrubs in Open Area:
1. Install steel drive-in fence posts in protective circle, approximately 8 feet
on center, not closer than 4 feet to trunk of trees or stems of shrubs.
2. Drive steel drive-in fence posts 3 feet minimum into ground, leaving 5
feet minimum above ground.
3. Mount steel hog -wire on fence posts.
4. For trees or shrubs in paved areas, mount concrete -filled steel pipe 2-1/2
inches in diameter minimum in rubber auto tires filled with concrete
(movable posts).
B. Timber Wrap Protection for Trees in Close Proximity of Moving or Mechanical
Equipment and Construction Work:
1. Wrap trunk with layer of burlap.
2. Install 2 x 4's or 2 x 6's (5-foot to 6-foot lengths) vertically, spaced 3
inches to 5 inches apart around circumference of tree trunk.
3. Tie in place with 12 to 9 gage steel wire.
4/00
01563-3
CITY OF PEARLAND
TREE AND PLANT PROTECTION
3.03 MAINTENANCE OF NEWLY PLANTED TREES
A. Water trees during dry periods.
B. The Contractor guarantees that trees planted for this Project shall remain alive
and healthy at least until the end of a one-year warranty period.
1. Within four weeks of notice from Owner, Contractor shall replace, at his
expense, any dead trees or any trees that in the opinion of Owner, have
become unhealthy or unsightly or have lost their natural shape as a result
of additional growth, improper pruning or maintenance, or weather
conditions.
2. When tree must be replaced, the guarantee period for that tree shall begin
on date of replacement of tree, subject to the Owner's inspection, for no
less than one year.
3. Straighten leaning trees and bear entire cost.
4. Dispose of trees rejected at any time by Engineer at Contractor's
expense.
END OF SECTION
4/00 01563-4
CITY OF PEARLAND
CONTROL OF GROUND WATER
AND SURFACE WATER
SECTION 01564
CONTROL OF GROUND WATER AND SURFACE WATER
1.0 GENERAL
1.01 SECTION INCLUDES
A. Dewatering, depressurizing, draining, and maintaining trench and structure
excavations and foundation beds in dry and stable condition.
B. Protecting work against surface runoff and rising flood waters.
C. Disposing of removed water.
1.02 METHOD OF PAYMENT
Unless otherwise specified in the Contract Documents, no separate payment will be
made for control of ground water and surface water. Include the cost to control ground
water and surface water in price for work requiring such controls.
1.03 DEFINITIONS
A. Ground water control includes both dewatering and depressurization of water -
bearing soil layers.
1. Dewatering includes lowering the water table and intercepting seepage
which would otherwise emerge from slopes or bottoms of excavations
and disposing of removed water. The intent of dewatering is to increase
stability of excavated slopes; prevent dislocation of material from slopes
or bottoms of excavations; reduce lateral loads on sheeting and bracing;
improve excavating and hauling characteristics of excavated material,
prevent failure or heaving of the bottom of excavations; and to provide
suitable conditions for placement of backfill materials and construction
of structures and other installations.
2. Depressurization includes reduction in piezometric pressure within strata
not controlled by dewatering alone, as required to prevent failure or
heaving of excavation bottom.
B Excavation drainage includes keeping excavations free of surface and seepage
water.
4/00 01564-1
CITY OF PEARLAND
CONTROL OF GROUND WATER
AND SURFACE WATER
C. Surface drainage includes use of temporary drainage ditches and dikes and
installation of temporary culverts and sump pumps with discharge lines as
required to protect the Work from any source of surface water.
D. Equipment and instrumentation for monitoring and control of the ground water
control system includes piezometers and monitoring wells, and devices, such as
flow meters, for observing and recording flow rates.
1.04 PERFORMANCE REQUIREMENTS
A. Conduct subsurface investigations to identify groundwater conditions and to
provide parameters for design, installation, and operation of groundwater
control systems.
B. Design a ground water control system, compatible with requirements of Federal
Regulations 29 CFR Part 1926 and Section 01570 - Trench Safety Systems, to
produce the following results:
1. Effectively reduce the hydrostatic pressure affecting excavations.
2. Develop a substantially dry and stable subgrade for subsequent
construction operations.
3. Preclude damage to adjacent properties, buildings, structures, utilities,
installed facilities, and other work.
4. Prevent the loss of fines, seepage, boils, quick condition, or softening of
the foundation strata.
5. Maintain stability of sides and bottom of excavations.
C. Ground water control systems may include single -stage or multiple -stage well
point systems, eductor and ejector -type systems, deep wells, or combinations of
these equipment types.
D. Provide drainage of seepage water and surface water, as well as water from any
other source entering the excavation Excavation drainage may include
placement of drainage materials, such as crushed stone and filter fabric, together
with sump pumping.
E. Provide ditches, berms, pumps and other methods necessary to divert and drain
surface water from excavation and other work areas.
F Locate ground water control and drainage systems so as not to interfere with
utilities, construction operations, adjacent properties, or adjacent water wells.
G. Assume sole responsibility for ground water control systems and for any loss or
damage resulting from partial or complete failure of protective measures and
any settlement or resultant damage caused by the ground water control
4/00 01564-2
CITY OF PEARLAND
CONTROL OF GROUND WATER
AND SURFACE WATER
operations. Modify ground water control systems or operations if they cause or
threaten to cause damage to new construction, existing site improvements
adjacent property, or adjacent water wells, or affect potentially contaminated
areas. Repair damage caused by ground water control systems or resulting from
failure of the system to protect property as required.
H. Provide an adequate number of piezometers installed at the proper locations and
depths as required to provide meaningful observations of the conditions
affecting the excavation, adjacent structures, and water wells.
I. Provide environmental monitoring wells installed at the proper locations and
depths as required to provide adequate observations of hydrostatic conditions
and possible contaminant transport from contamination sources into the work
area or into the ground water control system.
J. Decommission piezometers and monitoring wells installed during design phase
studies and left for Contractors monitoring and use.
1.05 SUBMITTALS
A. Submittals shall conform to requirements of Section 01350 - Submittals.
B. Submit a Ground Water and Surface Water Control Plan for review by the
Engineer prior to start of any field work if required by Engineer or Owner. The
Plan shall be signed by a Professional Engineer registered in the State of Texas.
Submit a plan to include the following*
1. Results of subsurface investigation and description of the extent and
characteristics of water bearing layers subject to ground water control.
2. Names of equipment suppliers and installation subcontractors.
3. A description of proposed ground water control systems indicating
arrangement location depth and capacities of system components,
installation details and criteria, and operation and maintenance
procedures.
4. A description of proposed monitoring and control system indicating
depths and locations of piezometers and monitoring wells monitoring
installation details and criteria, type of equipment and instrumentation
with pertinent data and characteristics.
5. A description of proposed filters including types, sizes, capacities and
manufacturer's application recommendations.
6. Design calculations demonstrating adequacy of proposed systems for
intended applications. Define potential area of influence of ground water
control operation near contaminated areas.
7. Operating requirements, including piezometric control elevations for
dewatering and depressurization.
4/00 01564-3
CITY OF PEARLAND
CONTROL OF GROUND WATER
AND SURFACE WATER
8. Excavation drainage methods including typical drainage layers, sump
pump application and other necessary means.
9 Surface water control and drainage installations.
10. Proposed methods and locations for disposing of removed water.
C. Submit the following records upon completed initial installation:
1. Installation and development reports for well points, eductors, and deep
wells.
2. Installation reports and baseline readings for piezometers and monitoring
wells.
3. Baseline analytical test data of water from monitoring wells.
4. Initial flow rates.
D. Submit the following records on a weekly basis during operations:
1. Records of flow rates and piezometric elevations obtained during
monitoring of dewatering and depressurization. Refer to Paragraph 3.02,
Requirements for Eductor, Well Points, or Deep Wells.
2. Maintenance records for ground water control installations, piezometers,
and monitoring wells.
E. Submit the following records at end of work. Decommissioning (abandonment)
reports for monitoring wells and piezometers installed by other during the
design phase and left for Contractor's monitoring and use.
1.06 ENVIRONMENTAL REQUIREMENTS
A. Comply with requirements of agencies having jurisdiction.
B. Comply with Texas Commission of Environmental Quality (TCEQ) regulations
and Texas Water Well Drillers Association for development, drilling, and
abandonment of wells used in dewatering system.
C. Obtain permit from TCEQ under the National Pollutant Discharge Elimination
System (NPDES) for storm water discharge from construction sites. Refer to
Section 01565 - NPDES Permit Requirements.
D. Obtain all necessary permits from agencies with control over the use of
groundwater and matters affecting well installation, water discharge, and use of
existing stoup drains and natural water sources. Because the review and
permitting process may be lengthy, take early action to pursue and submit for
the required approvals.
4/00 01564-4
CITY OF PEARLAND
CONTROL OF GROUND WATER
AND SURFACE WATER
E Monitor ground water discharge for contamination while performing pumping in
the vicinity of potentially contaminated sites.
2.0 PRODUCTS
2.01 EQUIPMENT AND MATERIALS
A. Equipment and materials are at the option of Contractor as necessary to achieve
desired results for dewatering. Selected equipment and materials are subject to
review of the Engineer through submittals required in Paragraph 1.05,
Submittals.
B Eductors, well points, or deep wells where used, must be furnished, installed
and operated by an experienced contractor regularly engaged in ground water
control system design installation, and operation.
C. All equipment must be in good repair and operating order.
D. Sufficient standby equipment and materials shall be kept available to ensure
continuous operation, where required.
3.0 EXECUTION
3.01 GROUND WATER CONTROL
A. Perform a subsurface investigation by borings as necessary to identify water
bearing layers, piezometric pressures, and soil parameters for design and
installation of ground water control systems. Perform pump tests, if necessary
to determine the drawdown characteristics of the waterbearing layers. The
results shall be presented in the Ground Water and Surface Water Control Plan
(See Paragraph 1.05 B 1).
B. Provide labor, material, equipment, techniques and methods to lower, control
and handle ground water in a manner compatible with construction methods and
site conditions. Monitor effectiveness of the installed system and its effect on
adjacent property.
C. Install, operate, and maintain ground water control systems in accordance with
the Ground Water and Surface Water Control Plan. Notify Engineer in writing
of any changes made to accommodate field conditions and changes to the Work.
Provide revised drawings and calculations with such notification.
D. Provide for continuous system operation including nights, weekends, and
holidays. Arrange for appropriate backup if electrical power is primary energy
source for dewatering system.
4/00 01564-5
CITY OF PEARLAND
CONTROL OF GROUND WATER
AND SURFACE WATER
E Monitor operations to verify that the system lowers ground water piezometric
levels at a rate required to maintain a dry excavation resulting in a stable
subgrade for prosecution of subsequent operations.
F. Where hydrostatic pressures in confined water bearing layers exist below
excavation, depressurize those zones to eliminate risk of uplift or other
instability of excavation or installed works. Allowable piezometric elevations
shall be defined in the Ground Water and Surface Water Control Plan.
G. Maintain water level below subgrade elevation. Do not allow levels to rise until
foundation concrete has achieved design strength.
H. During backfilling, dewatering may be reduced to maintain water level a
minimum of 5 feet below prevailing level of backfill. However, do not allow
that water level to result in uplift pressures in excess of 80 percent of downward
pressure produced by weight of structure or backfill in place. Do not allow
water levels to rise into cement stabilized sand until at least 48 hour after
placement.
I. Provide a uniform diameter for each pipe drain run constructed for dewatering.
Remove pipe drain when it has served its purpose. If removal of pipe is
impractical, provide grout connections at 50-foot intervals and fill pipe with
cement-bentonite grout or cement -sand grout when pipe is removed from
service.
J Extent of construction ground water control for structures with a permanent
perforated underground drainage system may be reduced, such as for units
designed to withstand hydrostatic uplift pressure. Provide a means of draining
the affected portion of underground system, including standby equipment.
Maintain drainage system during operations and remove it when no longer
required.
K. Remove system upon completion of construction or when dewatering and
control of surface or ground water is no longer required.
L Compact backfill as required by the Contract Documents.
3.02 REQUIREMENTS FOR EDUCTOR, WELL POINTS, OR DEEP WELLS
A. For aboveground piping in ground water control system, include a 12-inch
minimum length of clear, transparent piping between every eductor well or well
point and discharge header so that discharge from each installation can be
visually monitored.
4/00 01564-6
CITY OF PEARLAND
CONTROL OF GROUND WATER
AND SURFACE WATER
B. Install sufficient piezometers or monitoring wells to show that all trench or shaft
excavations in water bearing materials are predrained prior to excavation.
Provide separate piezometers for monitoring of dewatering and for monitoring
of depressurization. Install piezometers and monitoring wells for tunneling as
appropriate for Contractor's selected method of work.
C. Install piezometers or monitoring wells not less than one week in advance of
beginning the associated excavation.
D. Dewatering may be omitted for portions of underdrains or other excavations, but
only where auger borings and piezometers or monitoring wells show that soil is
predrained by an existing system such that the criteria of the ground water
control plan are satisfied.
E. Replace installations that produce noticeable amounts of sediments after
development.
F. Provide additional ground water control installations, or change the methods, in
the event that the installations according to the ground water control plan does
not provide satisfactory results based on the performance criteria defined by the
plan and by the specification. Submit a revised plan according to Paragraph
1.05 B.
3.03 EXCAVATION DRAINAGE
Contractor may use excavation drainage methods if necessary to achieve well drained
conditions. The excavation drainage may consist of a layer of crushed stone and filter
fabric, and sump pumping in combination with sufficient wells for ground water control
to maintain stable excavation and backfill conditions.
3.04 MAINTENANCE AND OBSERVATION
A. Conduct daily maintenance and observation of piezometers or monitoring wells
while the ground water control installations or excavation drainage are operating
in an area Keep system in good operating condition.
B. Replace damaged and destroyed piezometers or monitoring wells with new
piezometers or wells as necessary to meet observation schedule.
C. Cut off piezometers or monitoring wells in excavation areas where piping is
exposed, only as necessary to perform observation as excavation proceeds.
Continue to maintain and make observations, as specified.
4/00 01564-7
CITY OF PEARLAND
CONTROL OF GROUND WATER
AND SURFACE WATER
D. Remove and grout piezometers inside or outside the excavation area when
ground water control operations are complete. Remove and grout monitoring
wells when directed by the Engineer.
3.05 MONITORING AND RECORDING
A. Monitor and record average flow rate of operation for each deep well, or for
each wellpoint or eductor header used in dewatering system Also monitor and
record water level and ground water recovery. These records shall be obtained
daily until steady conditions are achieved, and twice weekly thereafter.
B. Observe and record elevation of water level daily as long as ground water
control system is in operation, and weekly thereafter until the Work is
completed or piezometers or wells are removed, except when Engineer
determines that more frequent monitoring and recording are required. Comply
with Engineer's direction for increased monitoring and recording and take
measures as necessary to ensure effective dewatering for intended purpose.
3.06 SURFACE WATER CONTROL
A. Intercept surface water and divert it away from excavations through use of
dikes, ditches, curb walls pipes, sumps or other approved means. The
requirement includes temporary works required to protect adjoining properties
from surface drainage caused by construction operations.
B. Divert surface water and seepage water into sumps and pump it into drainage
channels or storm drains, when approved by agencies having jurisdiction.
Provide settling basins when required by such agencies.
END OF SECTION
4/00 01564-8
CITY OF PEARLAND
TPDES REQUIREMENTS
1.0 GENERAL
SECTION 01565
TPDES REQUIREMENTS
1.01 SECTION INCLUDES
A. This Section describes the required documentation to be prepared and signed by
the Contractor before conducting construction operations, in accordance with
the terms and conditions of the Texas Pollutant Discharge Elimination System
(TPDES) Permit, as allowed under the General Permit to Discharge Waste
(TXR150000) under provisions of Section 402 of the Clean Water Act and
Chapter 26 of the Texas Water Code. This permit will cover discharges of
storm water runoff from small and large construction activities and related
construction support activities.
B. The Contractor shall be responsible for permitting, implementation,
maintenance, and inspection of storm water pollution prevention control
measures including, but not limited to, erosion and sediment controls, storm
water management plans, waste collection and disposal, off -site vehicle
tracking and other practices shown on the Drawings or specified elsewhere in
this or other Specifications.
C. Contractor shall review implementation of the Storm Water Pollution
Prevention Plan (SWP3) in a meeting with the Owner and Engineer prior to start
of construction. This SWP3 shall be generated (when required) in accordance
with Section F of the TPDES General Permit.
1.02 UNIT PRICES
Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be
made for work performed under this Section. Include cost of work performed under
this Section in pay items of which this work is a component.
1.03 REFERENCES
A. ASTM D3786 - Standard Test Method for Hydraulic Bursting Strength for
Knitted Goods and Nonwoven Fabrics
B. ASTM D4632 - Standard Test Method for Grab Breaking Load and
Elongation of Geotextiles.
2.0 PRODUCTS - NotUsed
4/00
01565-1
CITY OF PEARLAND
TPDES REQUIREMENTS
3.0 EXECUTION
3.01 APPLICABILITY
TPDES General Permit (TXR150000) broadly defines construction activities and
required permittingprocesses for the following:
A. Construction Activities from construction sites less than one (1) acre;
B. Construction Activities from construction sites between one (1) and five (5)
acres (small construction activities); and
C. Construction Activities from construction sites over five (5) acres (large
construction activities).
The Contractor is responsible for full compliance with the TPDES General Permit (full
text attached) and generation of required reports, plans and notices as described.
3.02 CONSTRUCTION SITE NOTICE
A. For all construction activities described in Section II.D.1 or Section II.D.2 in the
TPDES General Permit, the Contractor must post the Construction Notice at a
conspicuous place near the entrance of the construction site on the form
provided by the TCEQ Attachment 1 (for II.D.1 sites) or Attachment 2 (for
II.D.2 sites) are included at the end of the TPDES General Permit TXR150000
following this section.
B. For all construction activities described in Section II.D.3 in the TPDES General
Permit, the Contractor must post a copy of the Notice of Intent (NOI) at a
conspicuous place near the entrance of the construction site. Copies of a blank
NOI form and instruction are included at the end of the TPDES General Permit
TXR150000 following this section.
3.03 NOTICE OF INTENT
A. For large construction sites as defined in the TPDES General Permit, the
Contractor shall fill out, sign, and date the Contractor's Notice of Intent (NOI)
attached to the end of the TPDES General Peiuiit following this Section A
signed copy of the Contractor s NOI shall be provided to the Owner and posted
at the Project site as described in Section 3.02 Construction Site Notice.
Submission of the NOI is required by the Contractor before construction
operations start as described in the TPDES General Permit.
B. Contractor is responsible for payment of all application and permit fees
associated with the NOI application.
4/00 01565-2
CITY OF PEARLAND
TPDES REQUIREMENTS
3.04 NOTICE OF TERMINATION
A. If a NOI application was required as described in Section 3.03, Notice of Intent,
the Contractor must submit an application to terminate coverage (NOT) as
described in the TPDES General Permit, Section E A copy of the NOT
application is included at the end of the TPDES General Permit following this
Section.
B. Contractor shall provide a copy of the NOT application to the City upon
submittal to the TCEQ.
3.04 RETENTION OF RECORDS
A. The Contractor shall keep a copy of the Construction Site Notice or NOI and
SWP3 at the construction site or at the Contractor's office from the date that it
became effective to the date of project completion.
B. At project closeout, the Contractor shall submit to the City copies of all TPDES
forms and certifications, as well as a copy of the SWP3. Storm water pollution
prevention records and data will be retained by Contractor for a period of 3
years from the date of project completion.
3.04 REQUIRED NOTICES
The following notices shall be posted from the date that this SWP3 goes into effect
until the date of final site stabilization:
A. Copies of the Construction Site Notice or NOI submitted by the Contractor and
a brief project description of the SWP3 (if required), shall be posted at the
construction site or at Contractor's office in a prominent place for public
viewing.
B. Notice to drivers of equipment and vehicles, instructing them to stop, check, and
clean tires of debris and mud before driving onto traffic lanes. Post such notices
at every stabilized construction exit area.
C. In an easily visible location on site, post a notice of waste disposal procedures.
D. Notice of hazardous material handling and emergency procedures shall be
posted with the NOI on site. Keep copies of Material Safety Data Sheets at a
location on site that is known to all personnel.
E Keep a copy of each signed certification at the construction site or at
Contractor's office.
END OF SECTION
4/00
01565-3
•
•
•
•
•
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
P.O. BOX 13087
Austin, TX 78711-3087
•
GENERAL PERMIT TO DISCHARGE WASTE
under provisions of .
Section 402 of the Clean Water Act
and Chapter 26 of the Texas Water Code
Construction sites located in the state of Texas
may discharge to surface water in the state'
•
TPDES General Permit
NO. TXR150000
This is a new general permit
issued pursuant to Section
26.040 of the Texas Water Code
and Section 402 of the Clean
Water Act.
•
•
•
only according to effluent limitations, monitoring requirements and other conditions set forth in this permit,
as well as the rules of the Texas Commission on Environmental Quality (TCEQ), the laws of the State of
Texas, and other orders of the TCEQ. The issuance of this general permit does not grant to the permittee the
right to use private or public property for conveyance of storm water and certain non -storm water discharges
along the discharge route. This includes property belonging to but not limited to any individual, partnership,
corporation or other entity. Neither does this permit authorize any invasion of personal rights nor any
violation of federal, state or local laws or regulations. It is the responsibility of the permittee to acquire
property rights as may be necessary to use the discharge route.
This permit and the authorization contained herein shall expire, at midnight five years after the date of
issuance.
ISSUED AND EFFECTIVE DATE: MAR 1 003
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TCEQ General Permit Number TXR150000 Relating To Discharges
From Construction Activities
Table of Contents
Part I. Definitions
Part II. Permit Applicability and Coverage
Part III. Storm Water Pollution Prevention Plans
Part IV. Numeric Effluent Limitations
Part V. Retention of Records
Part VI. Standard Peiinit Conditions
Part VII Fees
Appendix A. Periods of Low Potential by County
Attachment 1 Construction Site Notice for Part II.D.1 Waivers
Attachment 2 Construction Site Notice for Part II.D.2. Authorizations
Attachment 3 Discharge Monitoring Report for Concrete Batch Plants
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TPDES General Permit TXR150000
Part I. Definitions
Best Management Practices - (BMPs) Schedules of activities, prohibitions of practices,
maintenance procedures, structural controls, local ordinances, and other management practices to
prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating
procedures, and practices to control construction site runoff, spills or leaks, waste disposal, or
drainage from raw material storage areas.
Commencement of Construction - The exposure of soils resulting from activities such as
clearing, grading, and excavating.
Common Plan of Development - A construction activity that is completed in separate stages,
separate phases, or in combination with other construction activities. A common plan of
development is identified by the documentation for the construction project that identifies the scope
of the project, and may include plats, blueprints, marketing plans, contracts, building permits a
public notice or hearing, zoning requests, or other similar documentation and activities.
Facility or Activity - Any TPDES "point source" or any other facility or activity (including land
or appurtenances thereto) that is subject to regulation under the TPDES program.
Final Stabilization - A construction site status where either of the following conditions are met:
(a) All soil disturbing activities at the site have been completed and a uniform (e.g,
evenly distributed, without large bare areas) perennial vegetative cover with a
density of 70% of the native background vegetative cover for the area has been
established on all unpaved areas and areas not covered by permanent structures, or
equivalent permanent stabilization measures (such as the use of riprap gabions, or
goetextiles) have been employed.
(b) For individual lots in a residential construction site by either:
(1) the homebuilder completing final stabilization as specified in condition (a)
above; or
(2) the homebuilder establishing temporary stabilization for an individual lot
prior to the time of transfer of the ownership of the home to the buyer and
after infoxining the homeowner of the need for, and benefits of, final
stabilization.
(c) For construction activities on land used for agricultural purposes (e.g. pipelines
across crop or range land), final stabilization may be accomplished by returning the
disturbed land to its preconstruction agricultural use. Areas disturbed that were not
previously used for agricultural activities, such as buffer strips immediately adjacent
to a surface water and areas which are not being returned to their preconstruction
agricultural use must meet the final stabilization conditions of condition (a) above.
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TPDES General Permit TXR150000
Large Construction Activity - Construction activities including clearing, grading, and excavating
that result in land disturbance of equal to or greater than five (5) acres of land Large construction
activity also includes the disturbance of less than five (5) acres of total land area that is part of a
larger common plan of development or sale if the larger common plan will ultimately disturb equal
to or greater than five (5) acres of land Large construction activity does not include routine
maintenance that is performed to maintain the original line and grade, hydraulic capacity, and
original purpose of a ditch, channel, or other similar storm water conveyance Large construction
activity does not include the routine grading of existing dirt roads, asphalt overlays of existing roads,
the routine clearing of existing right-of-ways, and similar maintenance activities.
Municipal Separate Storm Sewer System (MS4) - A separate storm sewer system owned or
operated by a state, city, town, county, district, association, or other public body (created by or
pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, storm water,
or other wastes, including special districts under state law such as a sewer district, flood control or
drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization.
Notice of Intent (NOI) - A written submission to the executive director from an applicant
requesting coverage under a general permit.
Notice of Termination (NOT) - A written submission to the executive director from a permittee
authorized under a general permit requesting termination of coverage.
Operator - The person or persons associated with a large or small construction activity that meets
either of the following two criteria:
(a) the person or persons have operational control over construction plans and
specifications to the extent necessary to meet the requirements and conditions of this
general permit; or
(b) the person or persons have day-to-day operational control of those activities at a
construction site which are necessary to ensure compliance with a storm water
pollution prevention plan for the site or other permit conditions (e.g. they are
authorized to direct workers at a site to carry out activities required by the Storm
Water Pollution Prevention Plan or comply with other permit conditions)
Permittee - An operator authorized under this general permit. The authorization may be gained
through submission of a notice of intent by waiver, or by meeting the requirements for automatic
coverage to discharge storm water runoff and certain non -storm water discharges.
Point Source - Any discernible, confined, and discrete conveyance, including but not limited to, any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated
animal feeding operation, landfill leachate collection system, vessel or other floating craft from
which pollutants are, or may be, discharged. This term does not include return flows from irrigated
agriculture or agricultural storm water runoff.
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TPDES General Permit TXR150000
Pollutant - (from the Texas Water Code, Chapter 26) Dredged spoil, solid waste, incinerator
residue, sewage, garbage sewage sludge, filter backwash, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and
industrial, municipal, and agricultural waste discharged into any surface water in the state. The term
"pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from
cultivated or uncultivated rangeland, pastureland, and farmland.
Pollution - (from the Texas Water Code, Chapter 26) The alteration of the physical, thermal,
chemical, or biological quality of, or the contamination of, any surface water in the state that renders
the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to
public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for
any lawful or reasonable purpose.
Runoff Coefficient - The fraction of total rainfall that will appear at the conveyance as runoff.
Separate Storm Sewer System - A conveyance or system of conveyances (including roads with
drainage systems, streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains),
designed or used for collecting or conveying storm water; that is not a combined sewer, and that is
not part of a publicly owned treatment works (POTW).
Small Construction Activity - Construction activities including clearing, grading, and excavating
that result in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of
land. Small construction activity also includes the disturbance of less than one (1) acre of total land
area that is part of a larger common plan of development or sale if the larger common plan will
ultimately disturb equal to or greater than one (1) and less than five (5) acres of land. Small
construction activity does not include routine maintenance that is performed to maintain the original
line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm
water conveyance. Small construction activity does not include the routine grading of existing dirt
roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar
maintenance activities.
Storm Water - Storm water runoff, snow melt runoff, and surface runoff and drainage.
Storm Water Associated with Construction Activity - Storm water runoff from a construction
activity where soil disturbing activities (including clearing, grading excavating) result in the
disturbance of one (1) or more acres of total land area, or are part of a larger common plan of
development or sale that will result in disturbance of one (1) or more acres of total land area.
Structural Control (or Practice) - A pollution prevention practice that requires the construction
of a device, or the use of a device, to capture or prevent pollution in storm water runoff. Structural
controls and practices may include but are not limited to: silt fences, earthen dikes, drainage swales
sediment traps, check dams, subsurface drains storm drain inlet protection, rock outlet protection
reinforced soil retaining systems, gabions, and temporary or permanent sediment basins.
Surface Water in the State - Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams,
creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits
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TPDES General Permit TXR150000
of the state (from the mean high water mark (MHWM) out 10.36 miles into the Gulf), and all other
bodies of surface water, natural or artificial, inland or coastal fresh or salt, navigable or
nonnavigable, and including the beds and banks of all water -courses and bodies of surface water,
that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state;
except that waters in treatment systems which are authorized by state or federal law, regulation, or
permit, and which are created for the purpose of waste treatment are not considered to be water in
the state.
Temporary Stabilization - A condition where exposed soils or disturbed areas are provided a
protective cover, which may include temporary seeding, geotextiles, mulches, and other techniques
to reduce or eliminate erosion until either final stabilization can be achieved or until further
construction activities take place.
Waters of the United States - (from title 40, part122, section 2 of the Code of Federal Regulations)
Waters of the United States or waters of the U.S. means:
(a) all waters which are currently used, were used in the past, or may be susceptible to
use in interstate or foreign commerce, including all waters which are subject to the
ebb and flow of the tide;
(b) all interstate waters, including interstate wetlands;
(c) all other waters such as intrastate lakes, rivers, streams (including intermittent
streams), mudflats, sandflats wetlands, sloughs, prairie potholes, wet meadows,
playa lakes, or natural ponds that the use, degradation, or destruction of which would
affect or could affect interstate or foreign commerce including any such waters:
(1) which are or could be used by interstate or foreign travelers for recreational
or other purposes;
(2) from which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or
(3)
which are used or could be used for industrial purposes by industries in
interstate commerce;
(d) all impoundments of waters otherwise defined as waters of the United States under
this definition;
(e) tributaries of waters identified in paragraphs (a) through (d) of this definition;
(f) the territorial sea; and
(g)
wetlands adjacent to waters (other than waters that are themselves wetlands)
identified in paragraphs (a) through (f) of this definition.
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Waste treatment systems, including treatment ponds or lagoons designed to meet the
requirements of CWA (other than cooling ponds as defined in 40 CFR § 423.11(m)
which also meet the criteria of this definition) are not waters of the United States
This exclusion applies only to manmade bodies of water which neither were
originally created in waters of the United States (such as disposal area in wetlands)
nor resulted from the impoundment of waters of the United States. Waters of the
United States do not include prior converted cropland. Notwithstanding the
determination of an area's status as prior converted cropland by any other federal
agency, for the purposes of the Clean Water Act, the final authority regarding Clean
Water Act jurisdiction remains with EPA.
Part II. Permit Applicability and Coverage
Section A. Discharges Eligible for Authorization
1. Stotin Water Associated with Construction Activity
Discharges of storm water runoff from small and large construction activities may
be authorized under this general permit.
2. Discharges of Storm Water Associated with Construction Support Activities
Discharges of storm water runoff from construction support activities, including
concrete batch plants, asphalt batch plants, equipment staging areas, material storage
yards, material borrow areas, and excavated material disposal areas may be
authorized under this general permit provided:
(a) the activity is located within a 1-mile distance from the boundary of the
permitted construction site and directly supports the construction activity;
(b) the storm water pollution prevention plan is developed according to the
provisions of this general permit and includes appropriate controls and
measures to reduce erosion and discharge of pollutants in storm water runoff
from the supporting industrial activity site; and
(c) the industrial activity either does not operate beyond the completion date of
the construction activity or obtains separate TPDES authorization for
discharges.
3. Non -storm Water Discharges
The following non -storm water discharges from sites authorized under this general
permit are also eligible for authorization under this general permit:
(a) discharges from fire fighting activities;
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TPDES General Permit TXR150000
(b) fire hydrant flushings;
(c) vehicle, external building, and pavement wash water where detergents and
soaps are not used and where spills or leaks of toxic or hazardous materials
have not occurred (unless spilled materials have been removed; and if local
state, or federal regulations are applicable, the materials are removed
according to those regulations), and where the purpose is to remove mud
dirt, an dust;
(g)
water used to control dust;
potable water sources including waterline flushings;
air conditioning condensate;
uncontaminated ground water or spring water, including foundation or
footing drains where flows are not contaminated with industrial materials
such as solvents.
4. Other Permitted Discharges
Any discharge authorized under a separate NPDES, TPDES, or TCEQ permit may
be combined with discharges authorized by this permit.
Section B. Limitations on Permit Coverage
1. Post Construction Discharges.
Discharges that occur after construction activities have been completed, and after the
construction site and any supporting activity site have undergone final stabilization,
are not eligible for coverage under this general permit. Discharges originating from
the sites are not authorized under this general permit following the submission of the
notice of termination (NOT) for the construction activity.
2. Prohibition of Non -Storm Water Discharges
Except as provided in Part II. A.2., A3., and A4., all discharges authorized by this
general permit must be composed entirely of storm water associated with
construction activity.
3. Compliance With Water Quality Standards
Discharges to surface water in the state that would cause or contribute to a violation
of water quality standards or that would fail to protect and maintain existing
designated uses are not eligible for coverage under this general permit. The
executive director may require an application for an individual permit or alternative
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general permit (see Part II.G.3) to authorize discharges to surface water in the state
from any activity that is determined to cause a violation of water quality standards
or is found to cause or contribute to, the loss of a designated use The executive
director may also require an application for an individual permit considering factors
described in Part II. G.2.
4. Discharges to Water Quality -Impaired Receiving Waters.
New sources or new discharges of the constituents of concern to impaired waters are
not authorized by this permit unless otherwise allowable under 30 TAC Chapter 305
and applicable state law. Impaired waters are those that do not meet applicable water
quality standards and are listed on the EPA approved Clean Water Act Section
303(d) list. Constituents of concern are those for which the water body is listed as
impaired.
Discharges of the constituents of concern to impaired water bodies for which there
is a total maximum daily load (TMDL) implementation plan are not eligible for this
permit unless they are consistent with the approved TMDL and the implementation
plan. Permittees must incorporate the limitations, conditions, and requirements
applicable to their discharges, including monitoring frequency and reporting required
by TCEQ rules, into their storm water pollution prevention plan in order to be
eligible for coverage under this general permit.
5. Discharges to the Edwards Aquifer Recharge Zone
Discharges cannot be authorized by this general permit where prohibited by 3 0 Texas
Administrative Code (TAC) Chapter 213 (relating to Edwards Aquifer).
(a) For new discharges located within the Edwards Aquifer Recharge Zone, or
within that area upstream from the recharge zone and defined as the
Contributing Zone, operators must meet all applicable requirements of, and
operate according to, 30 TAC Chapter 213 (Edwards Aquifer Rule) in
addition to the provisions and requirements of this general permit.
(b) For existing discharges, the requirements of the agency -approved Water
Pollution Abatement Plan under the Edwards Aquifer Rules are in addition
to the requirements of this general permit. BMPs and maintenance schedules
for structural storm water controls, for example, may be required as a
provision of the rule. All applicable requirements of the Edwards Aquifer
Rule for reductions of suspended solids in storm water runoff are in addition
to the requirements in this general permit for this pollutant. For discharges
from large construction activities located on the Edwards Aquifer
contributing zone, applicants must also submit a copy of the NOI to the
appropriate TCEQ regional office."
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TPDES General Permit TXR150000
Counties: Contact:
Comal, Bexar, Medina, Uvalde, TCEQ
and Kinney Water Program Manager
San Antonio Regional Office
14250 Judson Rd.
San Antonio, Texas
(210) 490-3096
Williamson, Travis, and Hays TCEQ
Water Program Manager
Austin Regional Office
1921 Cedar Bend Dr., Ste. 150
Austin, Texas
(512) 339-2929.
6. Discharges to Specific Watersheds and Water Quality Areas
Discharges otherwise eligible for coverage cannot be authorized by this general
permit where prohibited by 30 TAC Chapter 311 (relating to Watershed Protection)
for water quality areas and watersheds.
7. Protection of Streams and Watersheds by Other Governmental Entities
This general permit does not limit the authority or ability of federal, other state, or
local governmental entities from placing additional or more stringent requirements
on construction activities or discharges from construction activities. For example,
this permit does not limit the authority of a home -rule municipality provided by
Section 401.002 of the Texas Local Government Code.
8. Indian Country Lands
Storm water runoff from construction activities occurring on Indian Country lands
are not under the authority of the TCEQ and are not eligible for coverage under this
general permit. If discharges of storm water require authorization under federal
National Pollutant Discharge Elimination System (NPDES) regulations, authority for
these discharges must be obtained from the U.S. Environmental Protection Agency
(EPA)
Oil and Gas Production
Storm water runoff from construction activities associated with the exploration,
development, or production of oil or gas or geothermal resources, including
transportation of crude oil or natural gas by pipeline, are not under the authority of
the TCEQ and are not eligible for coverage under this general permit. If discharges
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TPDES General Permit TXR150000
of storm water require authorization under federal NPDES regulations, authority for
these discharges must be obtained from the EPA.
10. Storm Water Discharges from Agricultural Activities
Storm water discharges from agricultural activities that are not point source
discharges of storm water are not subject to TPDES permit requirements. These
activities may include clearing and cultivating ground for crops, construction of
fences to contain livestock, construction of stock ponds, and other similar
agricultural activities.
Section C. Deadlines for Obtaining Authorization to Discharge
1. Large Construction Activities
(a) New Construction - Discharges from sites where the commencement of
construction occurs on or after the issuance date of this general permit must
be authorized, either under this general permit or a separate TPDES permit
prior to the commencement of those construction activities.
(b) Ongoing Construction - Operators of large construction activities continuing
to operate after the issuance date of this permit, and authorized under NPDES
general permit TXR100000 (issued July 6,1998, FR 36490), must submit an
NOI to obtain authorization under this general permit within 90 days of the
issuance date of this general permit. During this interim period, as a
requirement of this TPDES permit, the operator must continue to meet the
conditions and requirements of the federal NPDES permit. If the
construction activity is completed prior to this 90-day deadline, and the site
would otherwise qualify for termination of coverage under that federal
NPDES permit, the operator must notify the executive director of the TCEQ
in writing within 30 days of that condition.
2. Small Construction Activities
(a) New Construction - Discharges from sites where the commencement of
construction occurs on or after the issuance date of this general permit must
be authorized, either under this general permit or a separate TPDES permit,
prior to the commencement of those construction activities.
(b) Ongoing Construction - Discharges from ongoing small construction
activities that commenced prior to March 10 2003, and that would not meet
the conditions to qualify for termination of this permit as described in Part
II E. of this general permit, must be authorized, either under this general
permit or a separate TPDES permit, prior to March 10, 2003.
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TPDES General Permit TXR150000
Section D. Obtaining Authorization to Discharge
1. Small construction activities are determined to occur during periods of low potential
for erosion and operators of these sites may be automatically authorized under this
general permit and not required to develop a storm water pollution prevention plan
or submit a notice of intent (NOI), provided:
(a) the construction activity occurs in a county listed in Appendix A;
(b) the construction activity is initiated and completed, including either final or
temporary stabilization of all disturbed areas, within the time frame identified
in Appendix A for the location of the construction site•
(c) all temporary stabilization is adequately maintained to effectively reduce or
prohibit erosion, final stabilization activities have been initiated and a
condition, of final stabilization is completed no later than 30 days following
the end date of the time frame identified in Appendix A for the location of
the construction site;
(d) the permittee signs a completed construction site notice (Attachment 1 of this
general permit), including the certification statement;
(e) a signed copy of the construction site notice is posted at the construction site
in a location where it is readily available for viewing by the general public,
local, state, and federal authorities prior to commencing construction
activities, and maintained in that location until completion of the construction
activity;
(I)
(g)
a copy of the signed and certified construction site notice is provided to the
operator of any municipal separate storm sewer system receiving the
discharge at least two days prior to commencement of construction activities;
and
any supporting concrete batch plant or asphalt batch plant is separately
authorized for discharges of storm water runoff or other non -storm water
discharges under an individual TPDES permit, another TPDES general
permit or under an individual TCEQ permit where storm water and non-
stoiui water is disposed of by evaporation or irrigation (discharges are
adjacent to water in the state).
2. Operators of small construction activities not described in Part II.D.1. above may be
automatically authorized under this general permit, and operators of these sites are
not required to submit an NOI provided they:
(a) develop a SWP3 according to the provisions of this general permit that
covers either the entire site or all portions of the site for which the applicant
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TPDES General Permit TXR150000
is the operator, and implement that plan prior to commencing construction
activities;
(b) sign a completed construction site notice ( Attachment 2 of this general
permit);
(c) post a signed copy of the construction site notice at the construction site in
a location where it is readily available for viewing by the general public,
local, state, and federal authorities, prior to commencing construction
activities, and maintain the notice in that location until completion of the
construction activity; and
(d) provide a copy of the signed and certified construction site notice to the
operator of any municipal separate storm sewer system receiving the
discharge at least two days prior to commencement of construction activities.
3. Operators of all other construction activities that qualify for coverage under this
general permit must:
(a) develop a SWP3 according to the provisions of this general permit, that
covers either the entire site or all portions of the site for which the applicant
is the operator, and implement that plan prior to commencing construction
activities;
(b) submit a Notice of Intent (NOI), using a form provided by the executive
director, at least 2 days prior to commencing construction activities; or
(c) if the operator changes, or an additional operator is added after the initial
NOI is submitted, the new operator must submit an NOI at least two (2) days
before assuming operational control;
(d) post a copy of the NOI at the construction site in a location where it is readily
available for viewing prior to commencing construction activities, and
maintain the notice in that location until completion of the construction
activity;
(e) provide a copy of the signed NOI to the operator of any municipal separate
storm sewer system receiving the discharge, at least two (2) days prior to
commencing construction activities; and
(f) implement the SWP3 prior to beginning construction activities.
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4. Effective Date of Coverage
(a) Operators of construction activities described in either Part II. D.1 . or D.2
are authorized immediately following compliance with the conditions of Part
II. D.1. or D.2. that are applicable to the construction activity.
(b) Operators of all other construction activities eligible for coverage under this
general permit, unless otherwise notified by the executive director, are
provisionally authorized two (2) days from the date that a completed NOI is
postmarked for delivery to the TCEQ. If electronic submission of the NOI
is provided and unless otherwise notified by the executive director, operators
are provisionally authorized 24 hours following confirmation of receipt of the
NOI by the TCEQ. Authorization is non -provisional when the executive
director finds the NOI is administratively complete and an authorization
number is issued for the activity.
(c)
Operators are not prohibited from submitting late NOIs or posting late
notices to obtain authorization under this general permit The TCEQ reserves
the right to take appropriate enforcement actions for any unpermitted
activities that may have occurred between the time construction commenced
and authorization is obtained.
5. Notice of Change (NOC) Letter
If the operator becomes aware that it failed to submit any relevant facts, or submitted
incorrect information in an NOI, the correct information must be provided to the
executive director in a NOC letter within 14 days after discovery If relevant
information provided in the NOI changes, a NOC letter must be submitted within 14
days of the change. A copy of the NOC must be provided to the operator of any
MS4 receiving the discharge.
6. Signatory Requirement for NOI Forms, Notice of Termination (NOT) Forms, NOC
Letters, and Construction Site Notices
NOI forms, NOT forms, NOC letters, and Construction Site Notices must be signed
according to 30 TAC § 305.44 (relating to Application for Permit).
7 Contents of the NOI
The NOI form shall require, at a minimum, the following information:
(a) the name, address, and telephone number of the operator filing the NOI for
permit coverage;
(b) the name (or other identifier), address, county, and latitude/longitude of the
construction project or site;
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TPDES General Permit TXR150000
(c) number of acres that will be disturbed (estimated to the largest whole
number);
(d) whether the project or site is located on Indian Country lands;
(e) confirmation that a SWP3 has been developed and that the SWP3 will be
compliant with any applicable local sediment and erosion control plans; and
(f) name of the receiving water(s).
Section E. Application to Terminate Coverage
Each operator that has submitted an NOI for authorization under this general permit must apply to
terminate that authorization following the conditions described in this section of the general permit.
Authorization must be terminated by submitting a Notice of Termination (NOT) on a form supplied
by the executive director. Authorization to discharge under this permit terminates at midnight on
the day the NOT is postmarked for delivery to the TCEQ If electronic submission of the NOT is
provided, authorization to discharge under this permit terminates immediately following
confirmation of receipt of the NOT by the TCEQ Compliance with the conditions and requirements
of this permit is required until an NOT is submitted.
1. Notice of Termination Required
The NOT must be submitted to TCEQ, and a copy of the NOT provided to the
operator of any MS4 receiving the discharge, within thirty (30) days, after:
(a) final stabilization has been achieved on all portions of the site that is the
responsibility of the permittee: or
(b) another permitted operator has assumed control over all areas of the site that
have not been finally stabilized; and
(c) all silt fences and other temporary erosion controls have either been removed,
scheduled for removal as defined in the SWP3, or transferred to a new
operator if the new operator has sought permit coverage. Erosion controls
that are designed to remain in place for an indefinite period, such as mulches
and fiber mats, are not required to be removed or scheduled for removal.
2. Minimum Contents of the NOT
The NOT form shall require, at a minimum, the following information:
(a) if authorization was granted following submission of a NOI, the permittees
site -specific TPDES general permit number for the construction site;
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TPDES General Permit TXR150000
(b) an indication of whether the construction activity is completed or if the
permittee is simply no longer an operator at the site;
(c) the name, address and telephone number of the permittee submitting the
NOT;
(d) the name (or other identifier), address, county, and latitude/longitude of the
construction project or site; and
(e) a signed certification that either all storm water discharges requiring
authorization under this general permit will no longer occur, or that the
applicant to terminate coverage is no longer the operator of the facility or
construction site, and that all temporary structural erosion controls have
either been removed, will be removed on a schedule defined in the SWP3, or
transferred to a new operator if the new operator has applied for permit
coverage. Erosion controls that are designed to remain in place for an
indefinite period such as mulches and fiber mats, are not required to be
removed or scheduled for removal.
Section F. Waivers from Coverage
The executive director may waive the otherwise applicable requirements of this general permit for
storm water discharges from small construction activities under the terms and conditions described
in this section.
1. Waiver Applicability and Coverage
Operators of small construction activities may apply for and receive a waiver from
the requirements to obtain authorization under this general permit where:
(a) the calculated rainfall erosivity R factor for the entire period of the
construction project is less than five (5);
(b) the operator submits a signed waiver certification form, supplied by the
executive director, certifying that the construction activity will commence
and be completed within a period when the value of the calculated rainfall
erosivity R factor is less than five (5); and
(c) the waiver certification form is submitted to the TCEQ at least two (2) days
before construction activity begins.
2. Effective Date of Waiver
Operators of small construction activities are provisionally waived from the
otherwise applicable requirements of this general permit two (2) days from the date
that a completed waiver certification form is postmarked for delivery to TCEQ
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TPDES General Permit TXR150000
3. Activities Extending Beyond the Waiver Period
If a construction activity extends beyond the approved waiver period due to
circumstances beyond the control of the operator, the operator must either:
(a) recalculate the rainfall erosivity factor R factor using the original start date
and a new projected ending date, and if the R factor is still under five (5),
submit a new waiver certification form at least two (2) days before the end
of the original waiver period; or
(b) obtain authorization under this general permit according to the requirements
delineated in either Part II.D 2. or Part II.D.3. at least two (2) days before the
end of the approved waiver period.
Section G. Alternative TPDES Permit Coverage
1. Individual Permit Alternative
Any discharge eligible for coverage under this general permit may alternatively be
authorized under an individual TPDES permit according to 30 TAC Chapter 305
(relating to Consolidated Permits). Applications for individual permit coverage
should be submitted at least three hundred and thirty (330) days prior to
commencement of construction activities to ensure timely issuance.
2. Individual Permit Required
The executive director may suspend an authorization or NOI in accordance with the
procedures set forth in 30 TAC Chapter 205, including the requirement that the
executive director provide written notice to the permittee The executive director
may require an operator of a construction site, otherwise eligible for authorization
under this general permit, to apply for an individual TPDES permit because of:
(a) the conditions of an approved TMDL or TMDL implementation plan;
(b) the activity is determined to cause a violation of water quality standards or
is found to cause, or contribute to, the loss of a. designated use of surface
water in the state: and
(c) any other considerations defined in 30 TAC Chapter 205 would include the
provision at 30 TAC § 205 4(c)(3)(D), which allows TCEQ to deny
authorization under the general permit and require an individual permit if a
discharger "has been determined by the executive director to have been out
of compliance with any rule, order, or permit of the commission, including
non-payment of fees assessed by the executive director."
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TPDES General Permit TXR150000
3. Any discharge eligible for authorization under this general permit may alternatively
be authorized under a separate applicable general permit according to 30 TAC
Chapter 205 (relating to General Permits for Waste Discharges).
Section H. Permit Expiration
This general permit shall be issued for a term not to exceed five (5) years. Following public notice
and comment, as provided by 30 TAC § 205.3 (relating to Public Notice, Public Meetings and
Public Comment), the commission may amend, revoke, cancel, or renew this general permit. If the
TCEQ publishes a notice of its intent to renew or amend this general permit before the expiration
date the permit will remain in effect for existing, authorized, discharges until the commission takes
final action on the permit. Upon issuance of a renewed or amended permit, permittees may be
required to submit an NOI within 90 days following the effective date of the renewed or amended
permit, unless that permit provides for an alternative method for obtaining authorization.
In the event that the general permit is not renewed, discharges that are authorized under the general
permit must obtain either a TPDES individual permit or coverage under an alternative general
permit.
Part III. Storm Water Pollution Prevention Plans (SWP3)
Storm water pollution prevention plans must be prepared for stoiui water discharges that will reach
Waters of the United States, including discharges to MS4 systems and privately owned separate
storm sewer systems that drain to Waters of the United States, to identify and address potential
sources of pollution that are reasonably expected to affect the quality of discharges from the
construction site including off -site material storage areas, overburden and stockpiles of dirt, borrow
areas, equipment staging areas, vehicle repair areas, fueling areas, etc., used solely by the peimuitted
project. The SWP3 must describe and ensure the implementation of practices that will be used to
reduce the pollutants in storm water discharges associated with construction activity at the
construction site and assure compliance with the terms and conditions of this permit.
Individual operators at a site may develop separate SWP3s that cover only their portion of the
project provided reference is made to the other operators at the site. Where there is more than one
SWP3 for a site, permittees must coordinate to ensure that BMPs and controls are consistent, and
do not negate or impair the effectiveness of each other Regardless of whether a single
comprehensive SWP3 is developed, or separate SWP3s are developed for each operator, it is the
responsibility of each operator to ensure that compliance with the terms and conditions of this
general permit is met in the areas of the construction site where that operator has operational control
over construction plans and specifications or day-to-day operational control.
Section A. Shared SWP3 Development
For more effective coordination of BMPs and opportunities for cost sharing, a cooperative effort by
the different operators at a site is encouraged. Operators must independently submit an NOI and
obtain authorization, but may work together to prepare and implement a single comprehensive
SWP3 for the entire construction site
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TPDES General Permit TXR150000
1. The SWP3 must clearly list the name and, for large construction activities, the
general permit authorization numbers, for each operator that participates in the
shared SWP3. Until the TCEQ responds to receipt of the NOI with a general permit
authorization number the SWP3 must specify the date that the NOI was submitted
to TCEQ by each operator. Each participant in the shared plan must also sign the
SWP3.
2. The SWP3 must clearly indicate which operator is responsible for satisfying each
shared requirement of the SWP3. If the responsibility for satisfying a requirement
is not described in the plan, then each permittee is entirely responsible for meeting
the requirement within the boundaries of the construction site where they perform
construction activities. The SWP3 must clearly describe responsibilities for meeting
each requirement in shared or common areas.
Section B. Responsibilities of Operators
1. Operators with Control Over Construction Plans and Specifications
All operators with operational control over construction plans and specifications to
the extent necessary to meet the requirements and conditions of this general permit
must:
(a) ensure the project specifications allow or provide that adequate BMPs may
be developed to meet the requirements of Part III of this general permit,
(b) ensure that the SWP3 indicates the areas of the project where they have
operational control over project specifications (including the ability to make
modifications in specifications);
(c) ensure all other operators affected by modifications in project specifications
are notified in a timely manner such that those operators may modify best
management practices as are necessary to remain compliant with the
conditions of this general permit; and
(d) ensure that the SWP3 for portions of the project where they are operators
indicates the name and TPDES permit numbers for permittees with the day-
to-day operational control over those activities necessary to ensure
compliance with the SWP3 and other permit conditions. In the case that
responsible parties have not been identified, the permittee with operational
control over project specifications must be considered to be the responsible
party until such time as the authority is transferred to another party and the
plan is updated.
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TPDES General Permit TXR150000
2. Operators with Day -to -Day Operational Control
Operators with day-to-day operational control of those activities at a project that are
necessary to ensure compliance with a SWP3 and other permit conditions must:
(a) ensure that the SWP3 for portions of the project where they are operators
meets the requirements of this general permit
(b) ensure that the SWP3 identifies the parties responsible for implementation
of best management practices described in the plan;
(c) ensure that the SWP3 indicates areas of the project where they have
operational control over day-to-day activities•
(d) ensure that the SWP3 indicates, for areas where they have operational control
over day-to-day activities, the name and TPDES permit number of the parties
with operational control over project specifications (including the ability to
make modifications in specifications).
Section C. Deadlines for SWP3 Preparation and Compliance
1 The SWP3 must be:
(a) completed prior to obtaining authorization under this general permit;
(b) implemented prior to commencing construction activities that result in soil
disturbance;
(c) updated as necessary to reflect the changing conditions of new operators,
new areas of responsibility, and changes in best management practices; and
(d) prepared so that it provides for compliance with the terms and conditions of
this general permit.
Section D. Plan Review and Making Plans Available
1. The SWP3 must be retained on -site at the construction site or, if the site is inactive
or does not have an on -site location to store the plan, a notice must be posted
describing the location of the SWP3. The SWP3 must be made readily available at
the time of an on -site inspection to: the executive director; a federal, state, or local
agency approving sediment and erosion plans, grading plans, or storm water
management plans; local government officials; and the operator of a municipal
separate storm sewer receiving discharges from the site.
2. Operators of a large construction activity obtaining authorization to discharge
through submission of a NOI must post a notice near the main entrance of the
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TPDES General Permit TXR150000
construction site. If the construction project is a linear construction project (e.g.
pipeline, highway, etc ), the notice must be placed in a publicly accessible location
near where construction is actively underway. Notice for these linear sites may be
relocated, as necessary, along the length of the project. The notice must be readily
available for viewing by the general public local, state, and federal authorities, and
contain the following information:
(a) the TPDES general permit number for the project (or a copy of the NOI that
was submitted to the TCEQ if a permit number has not yet been assigned);
(b) the name and telephone number of a representative for the operator;
(c) a brief description of the project; and
(d) the location of the SWP3.
3. This permit does not provide the general public with any right to trespass on a
construction site for any reason including inspection of a site; nor does this permit
require that permittees allow members of the general public access to a construction
site.
Section E. Keeping Plans Current
The permittee must revise or update the storm water pollution prevention plan whenever:
1. there is a change in design, construction, operation or maintenance that has a
significant effect on the discharge of pollutants and that has not been previously
addressed in the SWP3; or
2. results of inspections or investigations by site operators, operators of a municipal
separate storm sewer system receiving the discharge, authorized TCEQ personnel,
or a federal, state or local agency approving sediment and erosion plans indicate the
SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in
discharges authorized under this general permit.
Section F. Contents of SWP3
The SWP3 must include, at a minimum, the information described in this section.
1. A site description, or project description must be developed to include:
(a) a description of the nature of the construction activity, potential pollutants
and sources;
(b) a description of the intended schedule or sequence of major activities that
will disturb soils for major portions of the site;
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(c)
TPDES General Permit TXR150000
the total number of acres of the entire property and the total number of acres
where construction activities will occur, including off -site material storage
areas, overburden and stockpiles of dirt, and borrow areas;
(d) data describing the soil or the quality of any discharge from the site;
(e) a map showing the general location of the site (e.g. a portion of a city or
county map);
(0
a detailed site map (or maps) indicating the following:
(i)
drainage patterns and approximate slopes anticipated after major
grading activities;
(ii) areas where soil disturbance will occur;
(iii) locations of all major structural controls either planned or in place;
(iv) locations where stabilization practices are expected to be used;
(v) locations of off -site material, waste, borrow, fill, or equipment
storage areas;
(vi) surface waters (including wetlands) either adjacent or in close
proximity; and
(vii) locations where storm water discharges from the site directly to a
surface water body.
(g) the location and description of asphalt plants and concrete plants providing
support to the construction site and authorized under this general permit;
(h) the name of receiving waters at or near the site that will be disturbed or that
will receive discharges from disturbed areas of the project; and
(i) a copy of this TPDES general permit.
2. The SWP3 must describe the best management practices that will be used to
minimize pollution in runoff The description must identify the general timing or
sequence for implementation. At a minimum, the description must include the
following components:
(a) Erosion and Sediment Controls
(i)
Erosion and sediment controls must be designed to retain sediment
on -site to the extent practicable with consideration for local
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TPDES General Permit TXR150000
topography, soil type, and rainfall. Controls must also be designed
and utilized to reduce the offsite transport of suspended sediments
and other pollutants if it is necessary to pump or channel standing
water from the site.
(ii) Control measures must be properly selected, installed, and
maintained according to the manufacturer's or designer's
specifications. If periodic inspections or other information indicates
a control has been used incorrectly, or that the control is performing
inadequately the operator must replace or modify the control as soon
as practicable after discovery that the control has been used
incorrectly, is performing inadequately, or is damaged.
(iii) Sediment must be removed from sediment traps and sedimentation
ponds no later than the time that design capacity has been reduced by
50%.
(iv) If sediment escapes the site, accumulations must be removed at a
frequency to minimize further negative effects, and whenever
feasible, prior to the next rain event.
(v) Controls must be developed to limit, to the extent practicable, offsite
transport of litter, construction debris, and construction materials.
(b) Stabilization Practices
The SWP3 must include a description of interim and permanent stabilization
practices for the site, including a schedule of when the practices will be
implemented. Site plans should ensure that existing vegetation is preserved
where it is possible
(i) Stabilization practices may include but are not limited to:
establishment of temporary vegetation, establishment of permanent
vegetation, mulching geotextiles sod stabilization, vegetative buffer
strips, protection of existing trees and vegetation, and other similar
measures.
(ii) The following records must be maintained and either attached to or
referenced in the SWP3, and made readily available upon request to
the parties in Part III.D.1 of this general permit:
(a) the dates when major grading activities occur;
(b) the dates when construction activities temporarily or
permanently cease on a portion of the site; and
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TPDES General Permit TXR150000
(c) the dates when stabilization measures are initiated.
(iii) Stabilization measures must be initiated as soon as practicable in
portions of the site where construction activities have temporarily or
permanently ceased, and except as provided in (a) through (c) below,
must be initiated no more than fourteen (14) days after the
construction activity in that portion of the site has temporarily or
permanently ceased.
(a) Where the initiation of stabilization measures by the 14th day
after construction activity temporarily or permanently ceased
is precluded by snow cover or frozen ground conditions
stabilization measures must be initiated as soon as
practicable.
(b) Where construction activity on a portion of the site is
temporarily ceased, and earth disturbing activities will be
resumed within twenty-one (21) days, temporary stabilization
measures do not have to be initiated on that portion of site.
(c) In arid areas (areas with an average rainfall of 0 to 10 inches),
semiarid areas (areas with an average annual rainfall of 10 to
20 inches), and areas experiencing droughts where the
initiation of stabilization measures by the 14th day after
construction activity has temporarily or permanently ceased
is precluded by seasonably arid conditions, stabilization
measures must be initiated as soon as practicable.
3. Structural Control Practices
The SWP3 must include a description of any structural control practices used to
divert flows away from exposed soils, to limit the contact of runoff with disturbed
areas or to lessen the off -site transport of eroded soils
(a) Sediment basins are required, where feasible for common drainage locations
that serve an area with ten (10) or more acres disturbed at one time, a
temporary (or permanent) sediment basin that provides storage for a
calculated volume of runoff from a 2-year, 24-hour storm from each
disturbed acre drained, or equivalent control measures, shall be provided
where attainable until final stabilization of the site. Where rainfall data is not
available or a calculation cannot be performed, a temporary (or permanent)
sediment basin providing 3,600 cubic feet of storage per acre drained is
required where attainable until final stabilization of the site. When
calculating the volume of runoff from a 2-year, 24-hour storm event, it is not
required to include the flows from offsite areas and flow from onsite areas
that are either undisturbed or have already undergone final stabilization, if
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TPDES General Permit TXR1 50000
these flows are diverted around both the disturbed areas of the site and the
sediment basin. In determining whether installing a sediment basin is
feasible, the permittee may consider factors such as site soils, slope available
area on site, public safety, precipitation patterns, site geometry, site
vegetation, infiltration capacity, geotechnical factors, depth to groundwater
and other similar considerations. Where sediment basins are not feasible,
equivalent control measures , which may include a series of smaller sediment
basins, must be used. At a minimum, silt fences, vegetative buffer strips, or
equivalent sediment controls are required for all down slope boundaries (and
for those side slope boundaries deemed appropriate as dictated by individual
site conditions) of the construction area.
(b) Sediment traps and sediment basins may also be used to control solids in
storm water runoff for drainage locations serving less than ten (10) acres. At
a minimum, silt fences, vegetative buffer strips, or equivalent sediment
controls are required for all down slope boundaries (and for those side slope
boundaries deemed appropriate as dictated by individual site conditions) of
the construction. Alternatively, a sediment basin that provides storage for a
calculated volume of runoff from a 2-year, 24-hour storm from each
disturbed acre drained, or equivalent control measures, may be provided or
where rainfall data is not available or a calculation cannot be performed, a
temporary (or permanent) sediment basin providing 3,600 cubic feet of
storage per acre drained may be provided.
4. Permanent Storm Water Controls
A description of any measures that will be installed during the construction process
to control pollutants in storm water discharges that will occur after construction
operations have been completed must be included in the SWP3. Permittees are only
responsible for the installation and maintenance of storm water management
measures prior to final stabilization of the site or prior to submission of an NOT.
5. Other Controls
(a) Off -site vehicle tracking of sediments and the generation of dust must be
minimized.
(b) The SWP3 must include a description of construction and waste materials
expected to be stored on -site and a description of controls to reduce
pollutants from these materials.
(c) The SWP3 must include a description of pollutant sources from areas other
than construction (including storm water discharges from dedicated asphalt
plants and dedicated concrete plants), and a description of controls and
measures that will be implemented at those sites to minimize pollutant
discharges.
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TPDES General Permit TXR150000
(d) Velocity dissipation devices shall be placed at discharge locations and along
the length of any outfall channel to provide a non -erosive flow velocity from
the structure to a water course so that the natural physical and biological
characteristics and functions are maintained and protected.
Approved State and Local Plans
(a) Permittees must ensure the SWP3 is consistent with requirements specified
in applicable sediment and erosion site plans or site permits, or storm water
management site plans or site permits approved by federal, state, or local
officials.
(b) SWP3s must be updated as necessary to remain consistent with any changes
applicable to protecting surface water resources in sediment erosion site
plans or site permits, or storm water management site plans or site permits
approved by state or local official for which the permittee receives written
notice.
7. Maintenance
All erosion and sediment control measures and other protective measures identified
in the SWP3 must be maintained in effective operating condition. If through
inspections the permittee determines that BMPs are not operating effectively,
maintenance must be performed before the next anticipated storm event or as
necessary to maintain the continued effectiveness of storm water controls. If
maintenance prior to the next anticipated storm event is impracticable, maintenance
must be scheduled and accomplished as soon as practicable. Erosion and sediment
controls that have been intentionally disabled run -over, removed, or otherwise
rendered ineffective must be replaced or corrected immediately upon discovery.
8. Inspections of Controls
In the event of flooding or other uncontrollable situations which prohibit access to
the inspection sites, inspections must be conducted as soon as access is practicable
(a) Personnel provided by the permittee and familiar with the SWP3 must
inspect disturbed areas of the construction site that have not been finally
stabilized, areas used for storage of materials that are exposed to
precipitation, and structural controls for evidence of, or the potential for,
pollutants entering the drainage system. Sediment and erosion control
measures identified in the SWP3 must be inspected to ensure that they are
operating correctly Locations where vehicles enter or exit the site must be
inspected for evidence of off -site sediment tracking. Inspections must be
conducted at least once every fourteen (14) calendar days and within twenty
four (24) hours of the end of a storm event of 0.5 inches or greater.
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TPDES General Permit TXR150000
Where sites have been finally or temporarily stabilized, where runoff is
unlikely due to winter conditions (e.g. site is covered with snow, ice, or
frozen ground exists), or during seasonal arid periods in arid areas (areas
with an average annual rainfall of 0 to 10 inches) and semi -arid areas (areas
with an average annual rainfall of 10 to 20 inches), inspections must be
conducted at least once every month.
As an alternative to the above -described inspection schedule of once every
fourteen (14) calendar days and within twenty four (24) hours of a storm
event of 0 5 inches or greater, the SWP3 may be developed to require that
these inspections will occur at least once every seven (7) calendar days. If
this alternative schedule is developed, the inspection must occur on a
specifically defined day, regardless of whether or not there has been a rainfall
event since the previous inspection.
(b) Utility line installation pipeline construction, and other examples of long,
narrow, linear construction activities may provide inspection personnel with
limited access to the areas described in Part III.F.8.(a) above. Inspection of
these areas could require that vehicles compromise temporarily or even
permanently stabilized areas, cause additional disturbance of soils, and
increase the potential for erosion. In these circumstances, controls must be
inspected at least once every fourteen (14) calendar days and within twenty
four (24) hours of the end of a storm event of 0.5 inches, but representative
inspections may be performed. For representative inspections, personnel
must inspect controls along the construction site for 0 25 mile above and
below each access point where a roadway, undisturbed right-of-way, or other
similar feature intersects the construction site and allows access to the areas
described in Part III.F.8.(a) above The conditions of the controls along each
inspected 0.25 mile segment may be considered as representative of the
condition of controls along that reach extending from the end of the 0.25 mile
segment to either the end of the next 0.25 mile inspected segment, or to the
end of the project, whichever occurs first.
As an alternative to the above -described inspection schedule of once every
fourteen (14) calendar days and within twenty four (24) hours of a storm
event of 0 5 inches or greater the SWP3 may be developed to require that
these inspections will occur at least once every seven (7) calendar days. If
this alternative schedule is developed, the inspection must occur on a
specifically defined day, regardless of whether or not there has been a rainfall
event since the previous inspection.
(c) The SWP3 must be modified based on the results of inspections, as
necessary, to better control pollutants in runoff. Revisions to the SWP3 must
be completed within seven (7) calendar days following the inspection. If
existing BMPs are modified or if additional BMPs are necessary, an
implementation schedule must be described in the SWP3 and wherever
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TPDES General Permit TXR150000
possible those changes implemented before the next storm event. If
implementation before the next anticipated storm event is impracticable
these changes must be implemented as soon as practicable.
(d) A report summarizing the scope of the inspection, names and qualifications
of personnel making the inspection, the dates of the inspection, and major
observations relating to the implementation of the SWP3 must be made and
retained as part of the SWP3. Major observations should include: The
locations of discharges of sediment or other pollutants from the site;
locations of BMPs that need to be maintained; locations of BMPs that failed
to operate as designed or proved inadequate for a particular location; and
locations where additional BMPs are needed.
Actions taken as a result of inspections must be described within, and
retained as a part of, the SWP3 Reports must identify any incidents of non-
compliance. Where a report does not identify any incidents of non-
compliance, the report must contain a certification that the facility or site is
in compliance with the SWP3 and this permit. The report must be signed by
the person and in the manner required by 30 TAC § 305.128 (relating to
Signatories to Reports)
9. The SWP3 must identify and ensure the implementation of appropriate pollution
prevention measures for all eligible non -storm water components of the discharge.
Part IV. Numeric Effluent Limitations
Section A. Limitations
All discharges of storm water runoff from concrete batch plants that qualify for coverage, and that
are authorized to discharge storm water under the provisions of this general permit must be
monitored at the following monitoring frequency and comply with the following numeric effluent
limitations:
Limitations Monitoring
Parameter Daily Maximum Frequency
Total Suspended Solids 65 mg/1 1/Year*
Oil and Grease 15 mg/1 1/Year*
pH between 6 and 9 standard units 1/Year*
* If discharge occurs.
Section B. Reporting Requirements
Results of monitoring for determining compliance with numeric effluent limitations must be
recorded on a discharge monitoring report (DMR). The DMR must either be an original EPA No.
3320-1 form (Attachment 3 of this general permit), a duplicate of the form, or as otherwise provided
by the executive director. Monitoring must be conducted prior to December 31' for each annual
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TPDES General Permit TXR150000
monitoring period. A copy of the DMR must either be retained at the facility or shall be made
readily available for review by authorized TCEQ personnel upon request, by March 31' following
the end of each annual monitoring period. If the results indicate the violation of one or more of
these numeric limitations, the permittee must also submit the DMR to the TCEQ's Information
Resources Center (MC 212) by March 31st of each annual monitoring period.
Part V. Retention of Records
The permittee must retain the following records for a minimum period of three (3) years from the
date that a NOT is submitted as required by Part II.D. For activities that are not required to submit
an NOT, records shall be retained for a minimum period of three (3) years from the date that either
final stabilization has been achieved on all portions of the site that is the responsibility of the
permittee; or another permitted operator has assumed control according to over all areas of the site
that have not been finally stabilized. Records include:
1. A copy of the SWP3 plan
2. All reports and actions required by this permit, including a copy of the construction
site notice.
3. All data used to complete the NOI, if an NOI is required for coverage under this
general permit.
Part VI. Standard Permit Conditions
The permittee has a duty to comply with all permit conditions. Failure to comply with any
permit condition is a violation of the permit and statutes under which it was issued, and is
grounds for enforcement action for terminating coverage under this general permit, or for
requiring a discharger to apply for and obtain an individual TPDES permit.
2. Authorization under this general permit may be suspended or revoked for cause. Filing a
notice of planned changes or anticipated non-compliance by the peiniittee does not stay any
permit condition. The permittee must furnish to the executive director, upon request and
within a reasonable time, any information necessary for the executive director to determine
whether cause exists for revoking, suspending or terminating authorization under this
peiiniit. Additionally the permittee must provide to the executive director, upon request,
copies of all records that the permittee is required to maintain as a condition of this general
permit.
3. It is not a defense for a discharger in an enforcement action that it would have been
necessary to halt or reduce the pennnitted activity to maintain compliance with the permit
conditions
4. Inspection and entry shall be allowed under Texas Water Code Chapters 26-28 Health and
Safety Code §§ 361.032-361.033 and 361.037, and 40 Code of Federal Regulations (CFR)
§ 122.41(i). The statement in Texas Water Code § 26 014 that commission entry of a facility
shall occur according to an establishment's rules and regulations concerning safety, internal
security, and fire protection is not grounds for denial or restriction of entry to any part of the
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TPDES General Permit TXR150000
facility or site, but merely describes the commission's duty to observe appropriate rules and
regulations during an inspection.
5. The discharger is subject to administrative, civil and criminal penalties, as applicable, under
Texas Water Code § § 26.136, 26.212, and 26.213 for violations including but not limited to
the following:
a. negligently or knowingly violating CWA, §§ 301, 302, 306, 307, 308, 318, or 405,
or any condition or limitation implementing any sections in a permit issued under
CWA, § 402, or any requirement imposed in a pretreatment program approved under
CWA, §§ 402(a)(3) or 402(b)(8);
b. knowingly making any false statement, representation, or certification in any record
or other document submitted or required to be maintained under a permit, including
monitoring reports or reports of compliance or noncompliance.
6. All reports and other information requested by the executive director must be signed by the
person and in the manner required by 30 TAC § 305.128 (relating to Signatories to Reports).
7. Authorization under this general permit does not convey property or water rights of any sort
and does not grant any exclusive privilege.
Part VII. Fees
Section A. Application Fees
An application fee of $100 must be submitted with each NOI for coverage of a large
construction activity. A fee is not required for submission of an NOT or NOC letter.
Section B. Water Quality Fees
Large construction activities authorized under this general permit must pay an annual Water
Quality Fee of $100 under Texas Water Code 26.0291 and according to TAC Chapter 205
(relating to General Permits for Waste Discharges).
Page 30
Start Date - End Date
Dec 15 - Feb. 14
Archer
Baylor
Brown
Callahan
Childress
Coke
Coleman
Concho
Cottle
Dimmit
Eastland
Edwards
Fisher
Foard
Hardeman
Haskell
Irion
Jones
Kerr
Kimble
King
Kinney
Knox
Mason
Maverick
McCulloch
Menard
Nolan
Real
Runnels
Schleicher
Shackelford
Stephens
Stonewall
Sutton
Taylor
Throckmorton
Tom Green
Uvalde
Wichita
Wilbarger
Young
Zavala
Appendix A.
Periods of Low Erosion Potential by County
Start Date - End Date
Nov. 15 - Apr 30
Andrews
Armstrong
Borden
Brewster
Briscoe
Carson
Castro
Crane
Crosby
Dawson
Deaf Smith
Ector
Floyd
Gaines
Garza
Glasscock
Hale
Hansford
Hartley
Howard
Hutchinson
Lubbock
Lynn
Martin
Midland
Mitchell
Moore
Oldham
Pecos
Potter
Randall
Reagan
Scurry
Sherman
Sterling
Swisher
Terrell
Terry
Upton
Start Date - End Date
Feb. 1 - Mar. 30
Hall
Start Date - End Date
Nov. 15 - Jan 14 or Feb. 1 - Mar. 30
Crockett
Dickens
Kent
Motley
Val Verde
Start Date - End Date
Nov. 1 - Apr. 14 or Nov. 15 - Apr. 30
Dallam
Hockley
Lamb
Parmer
Ward
Start Date - End Date
Nov. 1 - Apr. 30 or Nov. 15 - May. 14
Bailey
Cochran
Jeff Davis
Loving
Presidio
Reeves
Winkler
Yoakum
Start Date - End Date
Nov. 1 - May 14
Culberson
Hudspeth
Start Date - End Date
Jan 1 - Jul. 14 or May. 15 - Jul. 31 or
Jun 1 - Aug. 14 or Jun. 15 - Sept 14 or
Jul. 1 - Oct. 14 or Jul. 15 - Oct. 31 or
Aug. 1 Apr. 30 or Aug. 15 - May. 14 or
Sept. 1 - May. 30 or Oct. 1 - Jun. 14 or
Nov. 1 - Jun. 30 or Nov 15 - Jul. 14
El Paso
Start Date - End Date
Jan 1 - Mar 30 or Dec. 1 - Feb. 28
Collingsworth Wheeler
Donley
Gray
Hemphill
Lipscomb
Ochiltree
Roberts
Page 31
Attachment 1
Dia
ISOM
n
TPDES General Permit TXR150000
CONSTRUCTIOT\ SITE NOTICE
FOR THE
Texas Commission on Environmental Quality (TCEQ)
Storm Water Program
TPDES GENERAL PERMIT TXR150000
The following information is posted in compliance with Part II.D.1. of the TCEQ General Permit Number
TXR150000 for discharges of storm water runoff from construction sites. Additional information regarding the
TCEQ storm water permit program may be found on the internet at:
www.tnrcc.state.tx.usinermittinewaterperm/wwpermitndestorm
Contact Name and Phone Number:
Project Description:
(Physical address or description of the site's
ocation, estimated start date and projected end
date, or date that disturbed soils will be
stabilized)
For Construction Sites Authorized Under Part II.10.1. the following certification must be completed:
I (Typed or Printed Name Person Completing This Certification) certify under penalty of
law that I have read and understand the eligibility requirements for claiming an authorization by waiver under Part
II.D 1. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. Construction
activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit for this
county, that period beginning on and ending on . I understand that if construction
activities continue past this period, all storm water runoff must be authorized under a separate provision of this
general permit. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4
system. I am aware there are significant penalties for providing false information or for conducting unauthorized
discharges, including the possibility of fine and imprisonment for knowing violations.
Signature and Title
Date
Page 32
Attachment 2
Ins
TPDES General Permit TXR150000
CONSTRUCTION SITN; NOTICE
FOR THE
Texas Commission on Environmental Quality (TCEQ)
Storm Water Program
TPDES GENERAL PERMIT TXR150000
The following information is posted in compliance with Part II.D.2. of the TCEQ General Permit Number
TXR150000 for discharges of storm water runoff from construction sites. Additional information regarding the
TCEQ storm water permit program may be found on the Internet at:
www.tnrcc.state.tx.us/permitting/waterperm/wwperm/tpdestorm
Contact Name and Phone Number:
Project Description:
((Physical address or description of the site's
ocation, estimated start date and projected end
date, or date that disturbed soils will be
stabilized)
Location of Storm Water Pollution
Prevention Plan :
For Construction Sites Authorized Under Part II.D.2. (Obtaining Authorization to Discharge) the following
certification must be completed:
I (Typed or Printed Name Person Completing This Certification) certify under penalty of
law that I have read and understand the eligibility requirements for claiming an authorization under Part II.D 2 of
TPDES General Permit TXR150000 and agree to comply with the terms of this permit A storm water pollution
prevention plan has been developed and implemented according to permit requirements. A copy of this signed
notice is supplied to the operator of the MS4 if discharges enter an MS4 system. I am aware there are significant
penalties for providing false information or for conducting unauthorized discharges including the possibility of fine
and imprisonment for knowing violations.
Signature and Title
Date
Page 33
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COMMENTS AND EXPLANATION OF ANY VIOLATIONS (Reference a
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Completing the Notice of Intent for Storm Water Discharges
Associated with Construction Activity
under the TPDES Construction General Permit (TXR150000)
A. Construction Site Operator Information
leck boxes and Customer Reference Number
,iese boxes designate the operator's status as a TCEQ "customer" in
other words, an individual or business that is involved in an activity that we
regulate. We assign each customer a number that begins with "CN,"
followed by nine digits. This is not a permit number, registration number,
or license number. In the remainder of this section, we will use "this
customer" to mean the operator for Part A of the form.
• If this customer has not been assigned a Customer Reference Number
or if this number is unknown, check "New" and leave the space for the
Customer Reference Number blank.
If this customer has already been assigned this number, enter the
operator's Customer Reference Number and:
• Check "No Change" if all the remaining customer information is the
same as previously reported. However, you must still complete most
blanks in this form for this notice of intent to be valid.
• If this customer's information has changed since the last time it was
reported to the TCEQ, check neither box and complete the
remainder of this notice of intent.
Do not enter a permit number, registration number, or license
number in place of the Customer Reference Number.
■
■
Name
Enter the legal name of this customer as authorized to do business in
Texas. Include any abbreviations (LLC, Inc., etc.).
Mailing Address
Enter a central and general mailing address for this customer to receive mail
from the TCEQ. For example, if this customer is a large company, this
address might be the corporate or regional headquarters. On the other
hand, for a smaller business, this address could be the same as the site
address.
If this is a street address, please follow US Postal Service
standards. In brief, these standards require this information in
this order:
■ the "house" number —for example, the 1401 in
1401 Main St
• if there is a direction before the street name, the one- or two -
letter abbreviation of that direction (N, S, E, W, NE, SE, SW, or
NW)
■ the street name (if a numbered street, do not spell out the
number for example, 6th St, not Sixth St)
• an appropriate abbreviation of the type of street —for example,
St, Ave, Blvd Fwy, Exwy, Hwy, Cr, Ct, Ln
■ if there is a direction after the street name, the one- or two -letter
abbreviation of that direction (N, S, E, W, NE, SE, SW, or NW)
• if there is a room number, suite number, or company mail code
City, State, and ZIP Code
Enter the name of the city, the two -letter USPS abbreviation for the state (for
example, TX), and the ZIP Code. (Enter the full ZIP+4 if you know it.)
Country Mailing Information
If this address is outside the United States, enter the territory name, country
code, and any non -ZIP marling codes or other non—U.S. Postal Service
features here. If this address is Inside the United States, leave these
spaces blank.
Phone Number and Extension
This number should correspond to this customer's mailing address given
earlier Enter the area code and phone number here. Leave "Extension"
blank if this customer's phone system lacks this feature.
Fax Number
This number should correspond to this customer's mailing address given
earlier Enter the area code and fax number here.
E-mail Address
As with the mailing address, this should be a general address that is
appropriate for e-mail to this customer's central or regional headquarters, if
applicable.
If "No Change" was checked for this customer,
you may skip the rest of the fields in this part of the form and
continue to the next part of the NOI.
Type of Operator
Check only one box.
Check ...
if this customer...
Individual
is a person and has not established a business to do
whatever cause's them to be regulated by us.
Sole
P roprietorship—
D.B.A.
is a business that is owned by only one person and
has not been incorporated. This business may:
• be under the person's name
• have its own name (°doing business as," or d.b.a.)
• have any number of employees
Partnership
is a business that is established as a partnership as
defined by the Texas Secretary of State's Office.
Corporation
meets all of these conditions:
• is a legally incorporated entity under the laws of
any state or country
• is recognized as a corporation by the Texas
Secretary of State
• has proper operating authority to operate in Texas.
Federal, state,
county, or city
government (as
appropriate)
is either an agency of one of these levels of
government or the governmental body itself (If a utility
district, water district, tribal government, college
district, council of governments, or river authority,
check "Other" and write in the specific type of
government.)
Other
fits none of the above descriptions. Enter a short
description of the type of customer in the blank
provided.
ndependent Operator?
Check "No" if this customer is a subsidiary or part of a larger company.
Otherwise, check "Yes."
Number of Employees
Check one box to show the number of employees for this customer's entire
company, at all locations. This is not necessarily the number of
employees at the site named in this NOI.
Federal Tax ID
All businesses, except for some small sole proprietors, should have a
federal taxpayer identification number (TIN). Enter this number here. Use no
prefixes, dashes, or hyphens. Individuals and sole proprietors do not need
to provide a federal tax ID.
State Franchise Tax ID
Corporations and limited liability companies that operate in Texas are
issued a franchise tax identification number. If this customer is a corporation
or limited liability company, enter this number here.
DUNS Number
Most businesses have a DUNS (Data Universal Numbering System)
n umber issued by Dun and Bradstreet Corp. If this customer has one, enter
it here.
B. Billing Address
We will mail the annual fee invoice for this site to the address entered in this
section.
N ame
Enter the legal name of the person or business to which we should mail this
site's fee invoice each year.
Mailing Address
Enter the specific mailing address to which we should mail this site's fee
invoice each year. If this is a street address, please follow the US Postal
Service standards as described under "A. Construction Site Operator
Information" on page 1 of these instructions.
City, State, and ZIP Code
Enter the name of the city, the two -letter USPS abbreviation for the state
(for example, TX), and the ZIP Code. (Enter the full ZIP+4 if you know it.)
Country Mailing Information
If this address is outside the United States, enter the territory name,
country code, and any non -ZIP mailing codes or other non—U.S. Postal
TCEQ-20022-Instructions (05/03)
Page 1 of 2
Service features here. If this address is inside the United States, leave
these spaces blank.
C. Project / Site Information
Check boxes and Regulated Entity Reference Number
These boxes designate this site's status as a TCEQ "regulated entity" —in
other words, a location where an activity that we regulate occurs. We assign
each regulated entity a number that begins with "RN," followed by nine
digits. This is not a permit number, registration number, or license
n umber.
If this site has not been assigned a Regulated Entity Reference Number
or if this number is unknown, check "New" and leave the space for the
Regulated Entity Reference Number blank.
If this site has already been assigned this number, enter the Regulated
Entity Reference Number and:
• Check "No Change" if all the remaining information is the same as
previously reported. However, even if there has been no change,
you must complete this section at least through "E-mail Address" for
this NOI to be valid.
• If this site's information has changed since the last time it was
reported to the TCEQ, check neither box and complete the
remainder of this notice of intent.
Do not enter a permit number, registration number, or license
number in place of the Regulated Entity Reference Number.
■
■
■
N ame
Enter the name by which you want this site to be known to the TCEQ.
Mailing Address
Enter the specific mailing address for this site. If this is a street address,
please follow the US Postal Service standards as described under "A.
Construction Site Operator Information" on page 1 of these instructions. If
the project / site's mailing address is the same as what is provided in
S ection A, you may enter "Same as Section A".
City, State, and ZIP Code
Enter the name of the city, the two -letter USPS abbreviation for the state (for
example, TX), and the ZIP Code. (Enter the full ZIP+4 if you know it.)
Physical Address
Enter the physical address of the site itself. TCEQ staff should be able to
use this address to find the site. Please follow the US Postal Service
standards as described under "A. Construction Site Operator
Information" on page 1 of these instructions. If the project / site does not
have a physical address, enter "No Address".
City, County, and ZIP Code
Enter the name of the city, the county, and the ZIP Code. (Enter the full
ZIP+4 if you know it.) This information must be provided even if you have
entered "No Address" in the previous field.
Location Access Description
Enter a physical description of the location of the site based on highway
intersections and/or permanent landmarks.
Latitude and Longitude
Enter the latitude and longitude of the site in either degrees, minutes, and
seconds or decimal form.
For help obtaining the latitude and longitude, go to:
http://www.tnrcc.state.tx.us/gis/drgview.html
S tandard Industrial Classification (SIC) Code and Activity Description
Provide the SIC code that best describes the construction activity being
conducted at the site.
For help with SIC codes, go to:
http://www.osha.gov/oshstats/sicser.html
In addition to the SIC code, you must also provide a description of the
construction activity being conducted at the site. This may include such
descriptions as: "Apartment Building Construction" or "Shopping Center
Construction."
Storm Water Pollution Prevention Plan
This plan identifies the areas and activities that could produce contaminated
runoff at your site and then tells how you will ensure that this contamination
is mitigated. For example, in describing your mitigation measures, your site's
plan might identify the devices that col ect and filter storm water, tell how
those devices are to be maintained, and tell how frequently that
maintenance is to be carried out You must develop this plan before you
complete this NOI. This plan must be available for a TCEQ investigator to
review on request. Specific requirements for the development of the plan
can be found in the Texas Pollutant Discharge Elimination System
Construction General Permit (TXR150000).
Estimated Area of Land Disturbed
Provide the approximate number of acres that the construction site will
disturb. It is appropriate to enter a value less than 5, only if the project is
part of a larger common plan that disturbs five or more acres. If the
acreage is less than 1, enter 1. "Disturb" means any clearing, grading,
excavating, or other similar activities.
Is the site located on Indian Country Lands?
Check "Yes" only if the site is on a reservation or other areas designated by
the federal government as Indian Country Lands. If not, check "No."
Destination of Storm Water Discharge
The storm water from your site eventually reaches a receiving water body
such as a local stream or lake, possibly via a drainage ditch. The discharge
may initially be into a municipal separate storm sewer system (MS4). Check
the appropriate boxes for whether storm water is discharged into an MS4. If
you checked "Yes" to "An MS4?", then enter the name of the entity that
operates the storm sewer —often a city, town, or utility district, but possibly
another form of government.
You must also provide the name of the water body that receives the
discharge from the construction site (a local stream or lake). Storm water
may be discharged directly to a receiving stream or via a storm sewer
system If known, please include the segment number if the discharge is to
a classified water body.
For a map that includes segment numbers, go to:
http://www.tnrcc.state.tx.us/water/quality/data/index.html
D. Contact
Give all the relevant information for the person whom TCEQ can contact if
there are questions about any of the information on this form —perhaps the
same person who completed the form.
E. Payment Information
Provide the number and account holder name from the check or money
order used to pay the $100 application fee.
F. Certification
The operator must sign and date this statement to validate this NOI. Be sure
to enter the full legal name of the person signing the form and the relevant
title —for example, "Operator," Vice -President," or "Partner.' Use the
'Prefix" blank for such titles as Dr., Mr., or Ms., as desired. Use the "Suffix"
blank for such designations as Ph.D., Jr., Sr., III, or J.D., if applicable.
For a corporation, the application shall be signed by a responsible corporate
officer. A responsible corporate officer means a president secretary,
treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy or
decision -making functions for the corporation; or the manager of one or
more manufacturing, production, or operating facilities employing more than
250 persons or having gross annual sales or expenditures exceeding $25
million (in second-quarter 1980 dollars), if authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures. Corporate procedures governing authority to sign permit
applications may provide for assignment or delegation to applicable
corporate positions rather than to specific individuals.
For a partnership or sole proprietorship, the application shall be signed by a
general partner or the proprietor, respectively.
For a municipality, state, federal, or other public agency, the application
shall be signed by either a principal executive officer or a ranking elected
official. For purposes of this application, a principal executive officer of a
federal agency includes the chief executive officer of the agency, or a senior
executive officer having responsibility for the overall operations of a principal
geographic unit of the agency (e.g. regional administrator of the United
States Environmental Protection Agency).
Questions?
If you have questions about any of the information on this form, contact our
Storm Water Program at 512/239-4671 or look for "Storm Water" on our
Web site:
www.tceq.state.tx.us
TCEQ-20022-Instructions (05/03)
Page 2 of 2
In Notice of Intent (NOI) for Storm Water Discharges
Associated with Construction Activity under the
TPDES Construction General Permit (TXR150000)
�q For help completing this application, read the TXR150000 NOI Instructions
r1/44 (TCEQ-20022-Instructions).
TCEQ Office Use Only
TPDES Permit Number: TXR15•• •• ••
GINNumber: •• •• •• •• •• •• •• ••
••- NO
A. Construction Site Operator DNew ❑No Change
Name:
Mailing Address: City: State: Zip Code:
Country Mailing Information (if outside USA) Territory: Country Code:
Phone Number: Extension: Fax Number:
E-mail Address:
Type of Operator: ❑ Individual ■ Sole Proprietorship - D.B.A. ■ Partnership ■ Corporation 0 Federal Government
State Government ■ County Government ❑ City Government ❑ Other:
No Number of Employees. ■ 0-20 ❑ 21-100 ■ 101-250 ■ 251-500 ❑ 501 or higher
Customer Reference Number: CN
Postal Code:
■
Independent Operator? ❑ Yes
Federal Tax ID
■
State Franchise Tax ID Number:
DUNS Number:
B. Billing Address
N ame
Mailing Address: City: State: Zip Code:
Country Mailing Information (if outside USA) Territory: Country Code: Postal Code:
C. Project / Site Information ❑New ❑No Change Regulated Entity Reference Number: RN
N ame:
Mailing Address: City: State:___ Zip Code:
P hysical Address: City: County: Zip Code:
Location Access Description:
Latitude: °' " N Longitude:° I" W Degrees (°), Minutes ('), and Seconds (")
Latitude: Longitude: — Decimal Form
Standard Industrial Classification (SIC) code: Also, describe the construction activity at this site (do not repeat the SIC code):
Has a storm water pollution prevention plan been prepared as specified in the general permit (TXR150000)? ❑Yes ❑ No
Estimated area of land disturbed (to the nearest acre): Is the project / site located on Indian Country Lands? ❑ Yes ❑ No
Does this project / site discharge storm water into a municipal separate storm sewer system (MS4)7 ❑ Yes ■ No
If yes, provide the name of the MS4 operator:
P rovide the name or segment number of the water body that receives storm water from this project / site:
D. Contact - If the TCEQ needs additional information regarding this application, who should be contacted?
N ame. Title:
Phone Number: Extension: Fax Number:
E-mail Address:
E. Payment Information - Check / Money Order Number: Name on Check / Money Order:
F. Certification
I certify under penalty of law that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Construction Site Operator:
Prefix: First. Middle:
Last: Suffix: Title:
Signature: Date:
If you have questions on how to fill out this form or about the storm water program, please contact us at (512) 239-4671.
Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information
corrected. To review such information, contact us at (512) 239-3282.
The completed NOI must be mailed to the following address. Use the attached document to submit the $100
application fee Please note that the NOI and application fee are submitted separately to different addresses.
Texas Commission on Environmental Quality
Storm Water & General Permits Team, MC - 228
P.O. Box 13087
Austin, Texas 78711-3087
TCEQ-20022 (0 /03)
Page 1 of 2
Texas Commission on Environmental Quality
Payment Submittal Form
The storm water application fee shall be sent under separate cover to the Texas Commission on
Environmental Quality.
This form must be used to submit your Storm Water Application Fee Please complete the following
information, staple your check in the space provided at the bottom of this document, and mail it to:
BY REGULAR U.S. MAIL
Texas Commission on Environmental Quality
Financial Administration Division
Cashier's Office, MC-214
P.O Box 13088
Austin, TX 78711-3088
BY OVERNIGHT/EXPRESS MAIL
Texas Commission on Environmental Quality
Financial Administration Division
Cashier's Office, MC-214
12100 Park 35 Circle
Austin, TX 78753
Fee Code: GPA
Check / Money Order No: Amount of Check/Money Order:
Date of Check or Money Order:
Name on Check or Money Order:
Facility / Site Name.
Facility / Site Physical Address:
City Zip Code:
Storm Water General Permit: TXR150000
Staple Check In This Space
TCEQ-20022 (0 /03)
Page 2 of 2
Completing the Notice of Termination for Storm Water Discharges
Associated with Construction Activity
under the TPDES Construction General Permit (TXR150000)
Who May File a Notice of Termination (NOT) Form
Permittees disturbing 5 acres or more (or part of a larger
common plan of development or sale disturbing 5 acres or
more) who are presently covered under the Texas
Pollutant Discharge Elimination System (TPDES)
Construction General Permit must submit a Notice of
Termination (NOT) when final stabilization has been
achieved on all portions of the site that is the responsibility
of the permittee• or another permitted operator has
assumed control over all areas of the site that have not
been finally stabilized and all silt fences and other
temporary erosion controls have either been removed,
scheduled for removal as defined in the SWP3, or
transferred to a new operator if the new operator has
sought permit coverage. Erosion controls that are
designed to remain in place for an indefinite period, such
as mulches and fiber mats, are not required to be removed
or scheduled for removal.
Final Stabilization occurs when either of the following
conditions are met:
(a) All soil disturbing activities at the site have been
completed and a uniform (e.g evenly distributed,
without large bare areas) perennial vegetative cover
with a density of 70% of the native background
vegetative cover for the area has been established on
all unpaved areas and areas not covered by
permanent structures, or equivalent permanent
stabilization measures (such as the use of riprap,
gabions, or goetextiles) have been employed.
(b) For individual lots in a residential construction site by
either:
(1) the homebuilder completing final stabilization as
specified in condition (a) above; or
(2) the homebuilder establishing temporary
stabilization for an individual lot prior to the time
of transfer of the ownership of the home to the
buyer and after informing the homeowner of the
need for, and benefits of final stabilization.
(c) For construction activities on land used for agricultural
purposes (e.g. pipelines across crop or range land)
final stabilization may be accomplished by returning
the disturbed land to its preconstruction agricultural
use. Areas disturbed that were not previously used for
agricultural activities, such as buffer strips immediately
adjacent to a surface water and areas which are not
being returned to their preconstruction agricultural use
must meet the final stabilization conditions of condition
(a) above.
A. TPDES Permit Number
Provide the TPDES permit number assigned to the
operator of the construction site.
B. Construction Site Operator Information
Customer Reference Number
This number designates the operator's status as a TCEQ
' customer —in other words, an individual or business that is
involved in an activity that we regulate. We assign each customer
a number that begins with "CN," followed by nine digits. This is
n ot a permit number, registration number, or license number.
In the remainder of this section, we will use "this customer" to
mean the operator for Part B of the form.
■ If this customer has not been assigned a Customer
Reference Number, leave the space for the Customer
Reference Number blank.
If this customer has already been assigned this
number, enter the operator's Customer Reference
Number.
Do not enter a permit number, registration
number, or license number in place of the
Customer Reference Number.
■
■
Name
Enter the legal name of this customer as authorized to do
business in Texas. Include any abbreviations (LLC, Inc
etc.).
Mailing Address
Enter a central and general mailing address for this
customer to receive mail from the TCEQ. For example, if
this customer is a large company, this address might be
the corporate or regional headquarters. On the other hand,
for a smaller business, this address could be the same as
the site address.
If this is a street address, please follow US Postal
Service standards. in brief, these standards require this
information in this order:
■
•
■
■
■
the "house" number —for example, the 1401 in
1401 Main St
if there is a direction before the street name,
the one- or two -letter abbreviation of that
direction (N S, E W, NE, SE, SW, or NW)
the street name (if a numbered street, do not
spell out the number —for example, 6th St, not
Sixth St)
an appropriate abbreviation of the type of
street —for example, St, Ave, Blvd, Fwy, Exwy,
Hwy, Cr, Ct, Ln
if there is a direction after the street name the one -
or two -letter abbreviation of that direction (N, S, E,
W, NE, SE, SW, or NW)
if there is a room number, suite number, or
company mail code
City, State, and ZIP Code
Enter the name of the city, the two -letter USPS
abbreviation for the state (for example, TX), and the ZIP
Code. (Enter the full ZIP+4 if you know it.)
TCEQ-20023-Instructions (09/02)
Pagel of 2
Country Mailing Information
If this address is outside the United States, enter the
territory name, country code, and any non -ZIP mailing
codes or other non U.S. Postal Service features here. If
this address is inside the United States, leave these
spaces blank.
Phone Number and Extension
This number should correspond to this customer's mailing
address given earlier Enter the area code and phone
number here. Leave ' Extension" blank if this customer's
phone system lacks this feature.
Fax Number
This number should correspond to this customer's mailing
address given earlier. Enter the area code and fax number
here.
E-mail Address
As with the mailing address, this should be a general
address that is appropriate for e-mail to this customer's
central or regional headquarters, if applicable.
C. Project / Site Information
Regulated Entity Reference Number
This number designates this site's status as a TCEQ
"regulated entity" —in other words, a location where an
activity that we regulate occurs. We assign each regulated
entity a number that begins with "RN," followed by nine
digits. This is not a permit number registration
number, or license number.
■ If this site has not been assigned a Regulated Entity
Reference Number, leave the space for the Regulated
Entity Reference Number blank
If this site has already been assigned this number,
enter the Regulated Entity Reference Number.
Do not enter a permit number, registration number,
or license number in place of the Regulated Entity
Reference Number
■
■
N ame
Enter the name by which you want this site to be known to
the TCEQ.
P hysical Address
Enter the physical address of the site itself TCEQ staff
should be able to use this address to find the site
Location Description
Enter a physical description of the location of the site
based on highway intersections and/or permanent
landmarks.
City, County, and ZIP Code
Enter the name of the city, the county, and the ZIP Code.
(Enter the full ZIP+4 if you know it.)
D. Contact
Give all the relevant information for the person whom
TCEQ can contact if there are questions about any of the
information on this form —perhaps the same person who
completed the form.
E. Certification
The operator must sign and date this statement to validate
this NOI. Be sure to enter the full legal name of the person
signing the form and the relevant title —for example,
'Operator," "Operator's attorney,' or "Senior Site
Manager." Use the "Prefix" blank for such titles as Dr., Mr.,
or Ms. as desired. Use the "Suffix" blank for such
designations as Ph D., Jr., Sr., III, or J.D., if applicable.
For a corporation, the application shall be signed by a
responsible corporate officer. A responsible corporate
officer means a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal
business function, or any other person who performs
similar policy or decision -making functions for the
corporation; or the manager of one or more manufacturing,
production, or operating facilities employing more than 250
persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter 1980 dollars), if
authority to sign documents has been assigned or
delegated to the manager in accordance with corporate
procedures. Corporate procedures governing authority to
sign permit applications may provide for assignment or
delegation to applicable corporate positions rather than to
specific individuals.
For a partnership or sole proprietorship the application
shall be signed by a general partner or the proprietor,
respectively.
For a municipality, state, federal, or other public agency,
the application shall be signed by either a principal
executive officer or a ranking elected official. For purposes
of this application a principal executive officer of a federal
agency includes the chief executive officer of the agency,
or a senior executive officer having responsibility for the
overall operations of a principal geographic unit of the
agency (e.g. regional administrator of the United States
Environmental Protection Agency).
Questions?
If you have questions about any of the information on this
form, contact our Storm Water Program at 512/239-4671
or look for "Storm Water' on our Web site:
www.tceq.state.tx.us
TCEQ-20023-Instructions (09/02)
Page 2 of 2
11111
IMO
NW
Notice of Termination (NOT) for Storm
Water Discharges Associated with
1 Construction Activity under the TPDES
Construction General Permit (TXR150000)
TEO. For help completing this application, read the TXR150000 NOI Instructions (TCEQ-20023-Instructions).
TCEQ Office Use Only
TPDES Permit Number: TXR15•_•• •_•_••- NO
GINNumber: •• •• •• •• •• •• •• ••
A. TPDES Permit Number: TXR15
B. Construction Site Operator
N ame.
Mailing Address:
City: State: Zip Code:
Country Mailing Information (if outside USA) Territory: Country Code: Postal Code:
P hone Number: Extension: . Fax Number:
E-mail Address:
Customer Reference Number: CN
C. Project / Site Information Regulated Entity Reference Number: RN
N ame.
P hysical Address:
Location Description:
City: County: Zip Code:
D. Contact - If the TCEQ needs additional information regarding this termination, who should be contacted?
N ame. Title:
P hone Number: Extension: Fax Number:
E-mail Address:
E. Certification
I certify under penalty of law that authorization under the TPDES Construction General Permit (TXR150000) is no longer
n ecessary based on the provisions of the general permit. I understand that by submitting this Notice of Termination, I am
n o longer authorized to discharge storm water associated with construction activity under the general permit TXR150000,
and that discharging pollutants in storm water associated with construction activity to waters of the U S. is unlawful under
the Clean Water Act where the discharge is not authorized by a TPDES permit I also understand that the submittal of this
N otice of Termination does not release an operator from liability for any violations of this permit or the Clean Water Act.
Construction Site Operator Representative:
P refix: First: Middle:
Last: Suffix:
Title:
S ignature: Date:
If you have questions on how to fill out this form or about the storm water program, please contact us at (512) 239-4671.
Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may
also have any errors in their information corrected. To review such information, contact us at (512) 239-3282.
The completed NOT must be mailed to the following address:
Texas Commission on Environmental Quality
Storm Water & General Permits Team, MC - 228
P.O. Box 13087
Austin, Texas 78711-3087
TCEQ - 20023 (02/03)
Pagel of 1
CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION
Section 01566
SOURCE CONTROLS FOR EROSION AND SEDIMENTATION
•
1.0 GENERAL
1.01 SECTION INCLUDES
A Description of erosion and sediment control and other control -related practices which
shall be utilized during construction activities.
1.02 UNIT PRICES
A Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be
made for work performed under this Section. Include cost of work performed under this
Section in pay items of which this work is a component.
2.0 PRODUCTS - Not Used
3.0 EXECUTION
3.01 PREPARATION AND INSTALLATION
A No clearing and grubbing or rough cutting shall be permitted until erosion and sediment
control systems are in place, other than site work specifically directed by the engineer to
allow soil testing and surveying.
B Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas
outside of dedicated rights -of -way and easements for construction. Damage caused by
construction traffic to erosion and sediment control systems shall be repaired
immediately by the Contractor.
C The Contractor shall be responsible for collecting, storing hauling, and disposing of
spoil, silt, and waste materials as specified in this or other Specifications and in
compliance with applicable federal, state, and local rules and regulations.
D Contractor shall conduct all construction operations under this Contract in conformance
with the erosion control practices described in the Drawings and this Specification.
E The Contractor shall install, maintain, and inspect erosion and sediment control measures
and practices as specified in the Drawings and in this or other Specifications.
04/2002
01566-1
CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION
3.02 TOPSOIL PLACEMENT FOR EROSION AND SEDIMENT CONTROL SYSTEMS
A When topsoil is specified as a component of another Specification, the Contractor shall
conduct erosion control practices described in this Specification during topsoil placement
operations.
1 When placing topsoil, maintain erosion and sediment control systems, such as
swales grade stabilization structures, berms, dikes, silt fences, and sediment
basins.
2. Maintain grades which have been previously established on areas to receive
topsoil.
3. After the areas to receive topsoil have been brought to grade, and immediately
prior to dumping and spreading the topsoil, loosen the subgrade by discing or
by scarifying to a depth of at least 2 inches to permit bonding of the topsoil to
the subsoil.
3.03 DUST CONTROL
A Implement dust control methods to control dust creation and movement on construction
sites and roads and to prevent airborne sediment from reaching receiving streams or
stouun water conveyance systems, to reduce on -site and off -site damage, to prevent health
hazards, and to improve traffic safety.
B Control blowing dust by using one or more of the following methods:
1. Mulches bound with chemical binders.
2. Temporary vegetative cover.
3. Tillage to roughen surface and bring clods to the surface.
4. Irrigation by water sprinkling.
5. Barriers using solid board fences, burlap fences, crate walls, bales of hay, or
similar materials.
C Implement dust control methods immediately whenever dust can be observed blowing on
the project site.
3.04 KEEPING STREETS CLEAN
A Keep streets clean of construction debris and mud carried by construction vehicles and
equipment. If necessary to keep the streets clean, install stabilized construction exits at
construction, staging, storage and disposal areas. A vehicle/equipment wash area
(stabilized with coarse aggregate) may be installed adjacent to the stabilized construction
exit, as needed. Release wash water into a drainage swale or inlet protected by erosion
and sediment control measures. Construction exit and wash areas are specified in
Section 01550 - Stabilized Construction Exit.
B In lieu of or in addition to stabilized construction exits, shovel or sweep the pavement to
the extent necessary to keep the street clean. Waterhosing or sweeping of debris and
mud off of the street into adjacent areas is not allowed.
04/2002 01566-2
CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION
3.05 EQUIPMENT MAINTENANCE AND REPAIR
A Confine maintenance and repair of construction machinery and equipment to areas
specifically designated for that purpose. Locate such areas so that oils, gasoline grease,
solvents, and other potential pollutants cannot be washed directly into receiving streams
or storm water conveyance systems. Provide these areas with adequate waste disposal
receptacles for liquid as well as solid waste. Clean and inspect maintenance areas daily.
B On a construction site where designated equipment maintenance areas are not feasible,
take precautions during each individual repair or maintenance operation to prevent
potential pollutants from washing into streams or conveyance systems. Provide
temporary waste disposal receptacles.
3.06 WASTE COLLECTION AND DISPOSAL
A Contractor shall formulate and implement a plan for the collection and disposal of waste
materials on the construction site. In plan, designate locations for trash and waste
receptacles and establish a collection schedule. Methods for ultimate disposal of waste
shall be specified and carried out in accordance with applicable local, state, and federal
health and safety regulations Make special provisions for the collection and disposal of
liquid wastes and toxic or hazardous materials.
B Keep receptacles and waste collection areas neat and orderly to the extent possible.
Waste shall not be allowed to overflow its container or accumulate from day-to-day
Locate trash collection points where they will least likely be affected by concentrated
storm water runoff.
3.07 WASHING AREAS
A Vehicles such as concrete delivery trucks or dump trucks and other construction
equipment shall not be washed at locations where the runoff will flow directly into a
watercourse or storm water conveyance system. Designate special areas for washing
vehicles Locate these areas where the wash water will spread out and evaporate or
infiltrate directly into the ground, or where the runoff can be collected in a temporary
holding or seepage basin. Beneath wash areas construct a gravel or rock base to
minimize mud production.
3.08 STORAGE OF CONSTRUCTION MATERIALS AND CHEMICALS
A Isolate sites where chemicals cements, solvents, paints, or other potential water
pollutants are stored in areas where they will not cause runoff pollution.
B Store toxic chemicals and materials such as pesticides, paints, and acids in accordance
with manufacturers' guidelines. Protect groundwater resources from leaching by placing
a plastic mat, packed clay, tar paper, or other impervious materials on any areas where
toxic liquids are to be opened and stored.
3.09 DEMOLITION AREAS
04/2002
01566-3
CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION
A Demolition activities which create large amounts of dust with significant concentrations
of heavy metals or other toxic pollutants shall use dust control techniques to limit
transport of airborne pollutants. However water or slurry used to control dust
contaminated with heavy metals or toxic pollutants shall be retained on the site and shall
not be allowed to run directly into watercourses or storm water conveyance systems.
Methods of ultimate disposal of these materials shall be carried out in accordance with
applicable local, state and federal health and safety regulations.
3.10 SANITARY FACILITIES
A Provide the construction sites with adequate portable toilets for workers in accordance
with Section 01500 - Temporary Facilities and Controls, and applicable health
regulations.
3.11 PESTICIDES
A Use and store pesticides during construction in accordance with manufacturers'
guidelines and with local, state, and federal regulations. Avoid overuse of pesticides
which could produce contaminated runoff. Take great care to prevent accidental
spillage. Never wash pesticide containers in or near flowing streams or storm water
conveyance systems.
END OF SECTION
04/2002 01566-4
CITY OF PEARLAND MATERIAL AND EQUIPMENT
Section 01600
MATERIAL AND EQUIPMENT
1.0 GENERAL
1.01 SECTION INCLUDES
A Requirements for transportation, delivery, handling, and storage of materials and
equipment.
1.02 PRODUCTS
A Products: Means material, equipment, or systems forming the Work. Does not include
machinery and equipment used for preparation, fabrication conveying and erection of
the Work. Products may also include existing materials or components designated for
reuse.
B Do not reuse materials and equipment, designated to be removed, except as specified by
the Contract Documents.
C Provide equipment and components from the fewest number of manufacturers as is
practical, in order to simplify spare parts inventory and to allow for maximum
interchangeability of components. For multiple components of the same size, type or
application, use the same make and model of component throughout the project.
1.03 TRANSPORTATION
A Make arrangements for transportation, delivery, and handling of equipment and materials
required for timely completion of the Work.
B Transport and handle products in accordance with instructions.
C Consign and address shipping documents to the proper party giving name of Project,
street number, and City. Shipments shall be delivered to the Contractor.
1.04 DELIVERY
A Arrange deliveries of products to accommodate the short term site completion schedules
and in ample time to facilitate inspection prior to installation. Avoid deliveries that
cause lengthy storage or overburden of limited storage space.
B Coordinate deliveries to avoid conflict with Work and conditions at the site and to
accommodate the following:
1. Work of other contractors or the City.
2. Limitations of storage space.
3. Availability of equipment and personnel for handling products.
4. City's use of premises.
04/2002
01600-1
CITY OF PEARLAND MATERIAL AND EQUIPMENT
C Have products delivered to the site in manufacturer's original, unopened, labeled
containers.
D Immediately upon delivery, inspect shipment to assure:
1. Product complies with requirements of Contract Documents.
2. Quantities are correct.
3. Containers and packages are intact; labels are legible.
4. Products are properly protected and undamaged
1.05 PRODUCT HANDLING
A Coordinate the off-loading of materials and equipment delivered to the job site. If
necessary to move stored materials and equipment during construction, Contractor shall
relocate materials and equipment at no additional cost to the City.
B Provide equipment and personnel necessary to handle products, including those provided
by the City, by methods to prevent damage to products or packaging.
C Provide additional protection during handling as necessary to prevent breaking scraping,
marring, or otherwise damaging products or surrounding areas.
D Handle products by methods to prevent over bending or overstressing.
E Lift heavy components only at designated lifting points.
F Handle materials and equipment in accordance with Manufacturer's recommendations.
G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable
materials handling equipment.
1.06 STORAGE OF MATERIAL
A Store and protect materials in accordance with manufacturer's recommendations and
requirements of these Specifications.
B Make necessary provisions for safe storage of materials and equipment. Place loose soil
materials, and materials to be incorporated into the Work to prevent damage to any part
of the Work or existing facilities and to maintain free access at all times to all parts of the
Work and to utility service company installations in the vicinity of the Work Keep
materials and equipment neatly and compactly stored in locations that will cause a
minimum of inconvenience to other contractors public travel, adjoining owners, tenants,
and occupants. Arrange storage in a manner to provide easy access for inspection.
C Restrict storage to areas available on the construction site for storage of material and
equipment as shown on Drawings or approved by the City Engineer.
D Provide off -site storage and protection when on -site storage is not adequate.
04/2002 01600-2
CITY OF PEARLAND MATERIAL AND EQUIPMENT
E Do not use lawns, grass plots, or other private property for storage purposes without
written permission of the owner or other person in possession or control of such
premises.
F Protect stored materials and equipment against loss or. damage.
G Store in manufacturers' unopened containers.
H Materials delivered and stored along the line of the Work shall be neatly, safely, and
compactly stacked along the work site in such manner as to cause the least
inconvenience and damage to property owners and the general public, and shall be not
closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall
be kept open
I Damage to lawns, sidewalks, streets or other improvements shall be repaired or replaced
to the satisfaction of the City Engineer. The total length which materials may be
distributed along the route of construction at any one time is 1000 lineal feet, unless
otherwise approved in writing by the City Engineer.
2.0 PRODUCTS - NotUsed
3.0 EXECUTION - NotUsed
END OF SECTION
04/2002 01600-3
CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
Section 01630
PRODUCT OPTIONS AND SUBSTITUTIONS
•
1.0 GENERAL
1.01 SECTION INCLUDES
A Options for making product or process selections
B Procedures for proposing equivalent construction products or processes, including
preapproved, and approved products or processes
1.02 DEFINITIONS
A Product: Means materials, equipment, or systems incorporated into the Project. Product
does not include machinery and equipment used for production, fabrication, conveying
and erection of the Work. Products may also include existing materials or components
designated for re -use.
B Process: Any proprietary system or method for installing system components resulting
in an integral, functioning part of the Work. For this Section, the word Product includes
Processes.
1.03 SELECTION OPTIONS
A Preapproved Products: Construction products of certain manufacturers or suppliers are
designated in the Specifications as "preapproved. Products of other manufacturers or
suppliers will not be acceptable for this Project and will not be considered under the
submittal process for approving alternate products.
B Approved Products: Construction products or processes of certain manufacturers or
suppliers designated in the Specifications followed by the words "or approved equal."
Approval of alternate products or processes not listed in the Specifications may be
obtained through provisions for product options and substitutions in Document 00700 -
General Conditions, and by following the submittal procedures specified in Section
01350 - Submittals. The procedure for approval of alternate products is not applicable to
preapproved products
C Product Compatibility: To the maximum extent possible, provide products that are of
the same type or function from a single manufacturer make, or source. Where more than
one choice is available as a Contractor's option, select a product which is compatible
with other products already selected specified, or in use by the Owner
1.04 CONTRACTOR'S RESPONSIBILITY
A The Contractor's responsibility related to product options and substitutions is defined in
the General Conditions.
04/2002
01630-1
CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
B Furnish information the Engineer deems necessary to judge equivalency of the alternate
product.
C Pay for laboratory testing, as well as any other review or examination costs, needed to
establish the equivalency between products in order to obtain information upon which
the Engineer. can base a decision.
D If the Engineer determines that an alternate product is not equal to that named in the
Specifications, the Contractor shall furnish one of the specified products.
1.05 ENGINEER'S REVIEW
A Alternate products or processes may be used only if approved in writing by the Engineer.
The Engineer's determination regarding acceptance of a proposed alternate product is
final.
B Alternate products will be accepted if the product is judged by the Engineer to be
equivalent to the specified product or to offer substantial benefit to the Owner.
C The Owner retains the right to accept any product or process deemed advantageous to the
Owner, and similarly, to reject any product or process deemed not beneficial to the
Owner.
1.06 SUBSTITUTION PROCEDURE
A Collect and assemble technical information applicable to the proposed product to aid in
determining equivalency as related to the approved product specified.
B Submit a written request for a construction product to be considered as an alternate
product.
C Submit the product information after the effective date of the Agreement and within the
time period allowed for substitution submittals given in the General Conditions. After
the submittal period has expired requests for alternate products will be considered only
when a specified product becomes unavailable because of conditions beyond the
Contractor's control.
D Submit 5 copies of each request for alternate product approval. Include the following
information:
1. Complete data substantiating compliance of proposed substitution with
Contract Documents
2. For products:
a. Product identification, including manufacturer's name and address
b. Manufacturer's literature with product description, performance and test
data, and reference standards
c. Samples, as applicable
d. Name and address of similar projects on which product was used and
date of installation. Include the name of the Owner, Architect/Engineer
and installing contractor.
04/2002 01630-2
CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
3. For construction methods:
a. Detailed description of proposed method
b. Drawings illustrating methods
4. Itemized comparison of proposed substitution with product or method
specified
5. Data relating to changes in construction schedule
6. Relation to separate contracts, if any
7. Accurate cost data on proposed substitution in comparison with product or
method specified.
8. Other information requested by the Engineer.
E Approved alternate products will be subject to the same review process as the specified
product would have been for shop drawings product data, and samples.
2.0 PRODUCTS -NotUsed
3.0 EXECUTION - NotUsed
END OF SECTION
04/2002
01630-3
CITY OF PEARLAND FIELD SURVEYING
Section 01720
FIELD SURVEYING
1.0 GENERAL
1.01 QUALITY CONTROL
A Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land
surveyor acceptable to Engineer.
1.02 SUBMITTALS
A Submit to Engineer the name, address, and telephone number of Surveyor before starting
survey work.
B Submit documentation verifying accuracy of survey work on request.
C Submit information under provisions of Section 01350 - Submittals.
1.03 PROJECT RECORD DOCUMENTS
A Maintain a complete and accurate log of control and survey work as it progresses.
B Submit Record Documents under provisions of Section 01350 - Submittals.
1.04 EXAMINATION
A Verify locations of survey control points prior to starting Work.
B Notify Engineer immediately of any discrepancies discovered.
1.05 SURVEY REFERENCE POINTS
A Control datum for survey is that established by Owner -provided survey and indicated on
Drawings.
B Locate and protect survey control points, including property corners, prior to starting site
work; preserve permanent reference points during construction.
C Notify Engineer 48 hours in advance of need for relocation of reference points due to
changes in grades or other reasons.
D Report promptly to Engineer the loss or destruction of any reference point.
E Contractor shall reimburse Owner for cost of reestablishment of permanent reference
points disturbed by Contractor's operations.
04/2002 01720-1
CITY OF PEARLAND FIELD SURVEYING
1.06 SURVEY REQUIREMENTS
A Utilize recognized engineering survey practices.
B Establish a minimum of two permanent bench marks on site, referenced to established
control points. Record locations, with horizontal and vertical data, on Project Record
Documents.
C Establish and record in survey notes elevations, lines and levels to provide quantities
required for measurement and payment and to provide appropriate controls for the Work.
Locate and lay out by instrumentation and similar appropriate means:
1. Site improvements including pavements* stakes for grading; fill and topsoil
placement; utility locations, slopes, and invert elevations.
2. Grid or axis for structures.
D Verify periodically layouts by same means.
2.0 PRODUCTS -NotUsed
3.0 EXECUTION - NotUsed
END OF SECTION
04/2002 01720-2
CITY OF PEARLAND PROJECT RECORD DOCUMENTS
Section 01760
PROJECT RECORD DOCUMENTS
1.0 GENERAL
1.01 SECTION INCLUDES
A Maintenance and Submittal of Record Documents and Samples.
1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES
A Maintain one record copy of documents at the site in accordance with Document 00700 -
General Conditions, paragraph 3.02.
B Store Record Documents and samples in field office if a field office is required by
Contract Documents, or in a secure location. Provide files, racks, and secure storage for
Record Documents and samples.
C Label each document "PROJECT RECORD" in neat, large, printed letters.
D Maintain Record Documents in a clean, dry, and legible condition. Do not use Record
Documents for construction purposes.
E Keep Record Documents and Samples available for inspection by Engineer.
1.03 RECORDING
A Record information concurrently with construction progress. Do not conceal any work
until required information is recorded.
B Contract Drawings, Change Orders, and Shop Drawings: Legibly mark each item to
record all actual construction, or 'as built' conditions, including:
1. Measured horizontal locations and elevations of underground utilities and
appurtenances, referenced to permanent surface improvements.
2. Elevations of underground utilities referenced to bench mark utilized for
project
3. Field changes of dimension and detail.
4. Changes made by modifications.
5. Details not on original contract drawings
6. References to related shop drawings and Modifications.
C Record information with a red pen or pencil on a set of blue line opaque drawings,
provided by Engineer.
04/2002
01760-1
CITY OF PEARLAND PROJECT RECORD DOCUMENTS
1.04 SUBMITTALS
A At contract closeout, deliver Project Record Documents to Engineer.
2.0 PRODUCTS -NotUsed
3.0 EXECUTION - NotUsed
END OF SECTION
04/2002 01760-2
CITY OF PEARLAND CONTRACT CLOSEOUT
SECTION 01770
Section 01770
CONTRACT CLOSEOUT
1.0 GENERAL
1.01 SECTION INCLUDES
A Closeout procedures including final submittals such as operation and maintenance data,
warranties, and spare parts and maintenance materials.
1.02 CLOSEOUT PROCEDURES
A Comply with Document 00700 - General Conditions regarding Final Completion and
Final Payment when Work is complete and ready for Engineer's final inspection.
B Provide Project Record Documents in accordance with Section 01350 - Submittals.
C Complete or correct items on punch list, with no new items added. Any new items will
be addressed during warranty period.
D The Owner will occupy portions of the Work as specified in other Sections.
E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance.
1.03 FINAL CLEANING
A Execute final cleaning prior to final inspection.
B Clean debris from drainage systems.
C Clean site; sweep paved areas, rake clean landscaped surfaces.
D Remove waste and surplus materials, rubbish, and temporary construction facilities from
the site following the final test of utilities and completion of the work.
1.04 OPERATION AND MAINTENANCE DATA
A Submit operations and maintenance data as noted in Section 01350 - Submittals.
1.05 WARRANTIES
A Provide one original of each warranty from Subcontractors, suppliers, and
manufacturers.
B Provide Table of Contents and assemble warranties in 3-ring/D binder with durable
plastic cover.
04/2002 01770-1
CITY OF PEARLAND CONTRACT CLOSEOUT
C Submit warranties prior to final Application for Payment.
D Warranties shall commence in accordance with the requirements in Document 00700
General Conditions, paragraph 9.10, Substantial Completion.
2.0 PRODUCTS - NotUsed
3.0 EXECUTION - NotUsed
END OF SECTION
04/2002 01770-2
CITY OF PEARLAND
SITE PREPARATION
1.0 GENERAL
SECTION 02200
SITE PREPARATION
1.01 SECTION INCLUDES
A. Clearing and grubbing.
B. Removal of topsoil, stripping and stockpiling.
C. Removal of debris and trash.
D. Removal of obstructions.
E Excavation and fill.
F. Disposal of waste materials.
G. Disposal of excess materials.
H. Salvaging of designated items.
1.02 UNIT PRICES
A. Site preparation will be measured within the limits shown on the plans.
B. Side streets and utility easements involving any work in this contract will not be
measured separately and are considered incidental to work under this Section.
C. Refer to Section 01200 - Measurement and Payment, for unit price procedures.
2.0 PRODUCTS
2.01 MATERIALS
A. Brought -in Structural Fill:
1. Sand, gravel, earth or combination, which can be compacted to form
stable embankments and fills conforming to select borrow standards:
2. Liquid limit: 45 maximum, ASTM D 4318.
3. Plasticity index: 12 minimum, 20 maximum ASTM D 4318.
4. Free from trash, vegetation, organic matter, large stones, hard lumps of
earth and frozen, corrosive or perishable material.
5. Well broken up, free of clods of hard earth, rocks, and stones greater
than 2-inch dimension.
B. Brought -in General Fill• LL <_ 65, PI < 40, free of trash, etc.
4/00
02200-1
CITY OF PEARLAND
SITE PREPARATION
3.0 EXECUTION
3.01 PRESERVATION OF STAKING
A. Use caution to preserve survey staking, monuments and property corners.
B Employ a Registered Surveyor to reset any missing, disturbed, or damaged
monumentation.
3.02 SITE CLEARING
A. Protect trees and shrubs designated to remain in accordance with Section 01563
- Tree and Plant Protection.
B. Protect utilities from damage.
C. Topsoil Removal:
1. Remove growths of grass from areas before stripping.
2. Topsoil is defined as surface soil found of depth of not less than 4
inches.
3. Strip topsoil to depths encountered.
4. Perform stripping in a manner to prevent intermingling of topsoil with
underlying sterile subsoil and remove objectionable materials, including
clay lumps, stones over 2 in. in diameter weeds, roots, leaves, and
debris.
5. Where trees are designated by Owner to be left standing, stop topsoil
stripping at extreme limits of tree drip line to prevent damage to main
root system.
6. Construct storage piles to freely dram surface water.
7. Cover storage piles, if required to prevent wind?blown dust.
8. At completion, transport topsoil from stockpiles to work site for
spreading and final fine grading.
D. Clearing and Grubbing:
1. Clear project site of trees, shrubs, and other vegetation, except for those
designated by Owner to be left standing.
2. Completely remove stumps, roots, and other debris protruding through
ground surface.
3. Use only hand methods for grubbing inside drip line of trees.
4. Fill depressions caused by clearing and grubbing operations with
satisfactory soil material, unless further excavation or earthwork is
indicated.
4/00 02200-2
CITY OF PEARLAND
SITE PREPARATION
5. Place fill material in horizontal layers not exceeding 6 inches loose
depth, and thoroughly compact to density equal to adjacent original
ground.
6. On areas required for roadway, channel, or structural excavation, remove
stumps, 2" diameter or larger limbs and roots, to depth of 2 feet below
lower elevation of excavation.
7. On areas required for embankment construction, remove 2" diameter
limbs, stumps and roots to depth of 2 feet below ground surface.
8. Blade entire area to prevent ponding of water and to provide drainage,
except in areas to be immediately excavated.
9. Trees and stumps may be cut off as close to natural ground as practicable
on areas which are to be covered by at least 3 feet of embankment.
10. Complete operations by bulldozing, blading, and grading so that
prepared area is free of holes, unplanned ditches, abrupt changes in
elevations and irregular contours and preserve drainage of area.
3.03 UNSUITABLE MATERIAL
A. Undercut and replace material which Engineer designates as unsuitable for
subsequent construction.
B. Material used to replace unsuitable material shall be suitable material from site
excavation or 'Brought -in Fill' specified in this section.
3.04 EXCAVATION AND FILL
A. Depressed site areas shall be filled using material from high areas, insofar as
practicable.
B. Fill to indicated rough grade elevations under roadways with "Brought -in
Structural Fill" material when fill obtained from high areas is exhausted and
"Brought -in General Fill" for open areas not under structures or roadways.
C. Place and compact fill in accordance with Section 02330 - Embankment.
3.05 SALVAGEABLE ITEMS AND MATERIAL
Items designated by the Engineer to be salvaged are to be carefully removed, so as to
cause no damage to the salvaged items and delivered to Owner's storage yard.
3.06 DISPOSAL
Remove and dispose of excess material and debris resulting from work under this
Section in accordance with requirements of Section 01562 - Waste Material Disposal.
END OF SECTION
4/00
02200-3
CITY OF PEARLAND
SITE DEMOLITION
SECTION 02220
SITE DEMOLITION
1.0 GENERAL
1.01 SECTION INCLUDES
A. Demolishing and removing existing pavements, structures, equipment and
materials only to the extent as indicated on the Contract Drawings.
B. Removing concrete paving, asphaltic concrete pavement, and base courses.
C. Removing concrete curbs, concrete curb and gutters, sidewalks and driveways.
D. Removing pipe culverts and sewers.
E Removing miscellaneous structures of wood, plastics, metals concrete, masonry,
or combination of concrete and masonry, etc.
F. Disposing of demolished materials and equipment.
1.02 UNIT PRICES
A. No separate payment will be made for removing existing pavements and
structures under this Section unless included in bid documents. Include
payment in unit price for work in appropriate sections.
B. Measurement, when included in bid documents will be as follows:
1. Measurement for removing and disposing of concrete base and surfacing,
and removing asphaltic surfacing, is on a square yard basis measured
between lips of gutters.
2. Measurement for removing and disposing of cement stabilized shell base
course, with or without asphalt surfacing, is on a square yard basis.
3. Measurement for removing and disposing of concrete base and surfacing
with curbs, is on a square yard basis measured from back to back of
curbs. Payment includes removal of all base, asphaltic surfacing,
concrete pavement, esplanade curbs, curb and gutters, and paving
headers.
4. Measurement for removing and disposing of concrete pavement is on a
square yard basis measured from back to back of curbs.
4/00
02220-1
CITY OF PEARLAND
SITE DEMOLITION
5. Measurement for removing and disposing of monolithic curb and gutter,
removing monolithic concrete curb and removing concrete curb, is on a
lineal foot basis measured along the face of the curb.
6. Measurement for removing and disposing of concrete sidewalk and
driveway is on a square yard basis.
7. Measurement for removing and disposing of miscellaneous concrete and
masonry removal is on a cubic yard basis of the structure in place.
8. Measurement for removing and disposing of pipe culverts and sewers is
on a lineal foot basis for each diameter of type of pipe removed.
9. Measurement for removing and disposing of unlisted materials shall be
on the lump sum basis.
C. No payment will be made for work outside maximum payment limits indicated
on Drawings, or in areas removed for Contractor's convenience.
D. Refer to Section 01200 - Measurement and Payment for unit price procedures.
1.03 SUBMITTALS
A. Submittals shall conform to requirements of Section 01350 - Submittals.
B. Submit proposed methods, equipment, materials and sequence of operations for
demolition. Describe coordination for shutting off, capping, and removing
temporary utilities. Plan operations to minimize temporary disruption of
utilities to existing facilities or adjacent property.
C. Submit proposed demolition and removal schedule for approval. Notify
Engineer in writing at least 48 hours before starting demolition.
D. Submit an approved copy of demolition schedule to Engineer prior to
commencement of demolition operations.
E. Obtain a permit for building demolition, as required.
1.04 OWNERSHIP OF MATERIAL AND EQUIPMENT
A. Materials and equipment designated for reuse or salvage are listed in Section
01100 - Summary of Work. Protect items designated for reuse or salvage from
damage during demolition, handling and storage. Restore damaged items to
satisfactory condition.
B. Materials and equipment not designated for reuse or salvage become the
property of the Contractor.
4/00 02220-2
CITY OF PEARLAND
SITE DEMOLITION
1.05 STORAGE AND HANDLING
A. Store and protect materials and equipment designated for reuse until time of
installation.
B. Deliver and unload items to be salvaged to storage areas indicated on Drawings.
C. Remove equipment and materials not designated for reuse or salvage and all
waste and debris resulting from demolition from site. Remove material as work
progresses to avoid clutter.
1.06 ENVIRONMENTAL CONTROLS
A. Minimize spread of dust and flying particles. If required by governing
regulations, use temporary enclosures and other suitable methods to prevent the
spread of dust, dirt and debris.
B. Use appropriate controls to limit noise from demolition to levels designated in
local ordinances.
C. Do not use water where it can create dangerous or objectionable conditions,
such as localized flooding, erosion, or sedimentation of nearby ditches or
streams.
D. Stop demolition and notify Engineer if underground fuel storage tanks, asbestos,
PCB's, contaminated soils, or other hazardous materials are encountered.
E. Dispose of removed equipment, materials, waste and debris in a manner
conforming to applicable laws and regulations.
2.0 PRODUCTS
2.01 EQUIPMENT AND MATERIALS FOR DEMOLITION
A. Use equipment and materials approved under Paragraph 1.03, Submittals.
B. Fires are not permitted.
C. Do not use a "drop hammer" where the potential exists for damage to
underground utihties, structures, or adjacent improvements.
4/00
02220-3
CITY OF PEARLAND
SITE DEMOLITION
3.0 EXECUTION
3.01 EXAMINATION
A. Prior to demolition, make an inspection with Engineer to determine the
condition of existing structures and features adjacent to items designated for
demolition.
B Engineer will mark or list existing equipment to remain the property of the
Owner.
C. Do not proceed with demolition or removal operations until after the joint
inspection and subsequent authorization by Engineer.
3.02 PROTECTION OF PERSONS AND PROPERTY
A. Provide safe working conditions for employees throughout demolition and
removal operations. Observe safety requirements for work below grade.
B. Maintain safe access to adjacent property and buildings. Do not obstruct
roadways, sidewalks or passageways adjacent to the work.
C. Perform demolition in a manner to prevent damage to adjacent property. Repair
damage to City property or adjacent property and facilities.
D. The Contractor shall be responsible for safety and integrity of adjacent
structures and shall be liable for any damage due to movement or settlement.
Provide proper framing and shoring necessary for support. Cease operations if
an adjacent structure appears to be endangered. Resume demolition only after
proper protective measures have been taken.
E Erect and maintain enclosures, barriers, warning lights, and other required
protective devices.
3.03 UTILITY SERVICES
A. Follow rules and regulations of authorities or companies having jurisdiction
over communications, pipelines, and electrical distribution services.
B. Notify and coordinate with utility company and adjacent building occupants
when temporary interruption of utility service is necessary.
4/00 02220-4
CITY OF PEARLAND
SITE DEMOLITION
3.04 DISPOSAL
A. Remove from the site all items contained in or upon the structure not designated
for reuse or salvage. Conform to requirements of Section 01500 - Temporary
Facilities and Controls or Section 01562 - Waste Material Disposal.
B. Follow method of disposal as required by regulatory agencies.
3.05 MECHANICAL WORK ITEMS
A. Mechanical removals consist of dismantling and removing existing piping,
pumps, motors, water tanks, equipment and other appurtenances. It includes
cutting, capping, and plugging required to restore use of existing utilities.
B. Remove existing process, water, chemical, gas, fuel oil and other piping not
required for new work. Take out piping to the limits shown or to a point where
it will not interfere with the new work. Piping not indicated to be removed or
which does not interfere with new work shall be removed to the nearest solid
support, capped and the remainder left in place. Purge chemical and fuel lines
and tanks. Verify that such lines are safe prior to removal or capping.
C. Where piping that is to be removed passes through existing walls, cut and cap
piping on each side of the wall. Use cap appropriate for pipe material to be
capped. Provide fire -rated sealant for walls classified as fire -rated.
D. When underground piping, which is not located in the public right-of-way, is to
be altered or removed cap the remaining piping. Abandoned underground
piping may be left in place unless it interferes with new work or is shown or
specified to be removed. Piping less than 15 inches in diameter may be plugged
and abandoned in place. For piping 15 inches in diameter and greater to be
abandoned, fill with sand, pressure grout or other approved method and plug
with concrete or brick masonry bulkhead.
E. Remove waste and vent piping to points shown. Plug pipe and cleanouts and
plugs. Where vent stacks pass through an existing roof that is to remain,
remove the stack and patch the hole in the roof, making it watertight. Comply
with requirements of existing roof installer so as to maintain roof warranty.
F. Conform to applicable codes when making any changes to plumbing and heating
systems.
3.06 ELECTRICAL WORK ITEMS
A. Electrical removals consist of disconnecting and removing existing switchgear,
distribution switchboards, control panels bus duct, conduits and wires,
panelboards, lighting fixtures, and miscellaneous electrical equipment.
4/00
02220-5
CITY OF PEARLAND
SITE DEMOLITION
B. Remove existing electrical equipment and fixtures to prevent damage to allow
continued operation of existing systems and to maintain the integrity of the
grounding systems.
C. Remove poles and metering equipment, if designated for removal on the
Drawings. Coordinate electrical removals with the power company, as
necessary. Verify that power is properly de -energized and disconnected.
D. Where shown or otherwise required remove wiring in underground duct
systems. Verify function of wiring before disconnecting and removing. Plug
ducts which are not to be reused at entry to buildings.
E Changes to electrical systems shall conform to applicable codes.
END OF SECTION
4/00 02220-6
CITY OF PEARLAND
CEMENT STABILIZED SAND
Section 02252
CEMENT STABILIZED SAND
PART1 GENERAL
1.01 SECTION INCLUDES
Cement stabilized sand for backfill and bedding.
1.02 UNIT PRICES
A. No payment will be made for cement stabilized sand under this Section unless
an extra unit price item is included in the Bid Proposal and the application of the
pay item is approved by the Engineer. Include payment for cement stabilized
sand in unit price for applicable utility or structure installation section.
B. If use of cement stabilized sand is allowed based on the Engineer's direction the
extra unit price item will be paid on a per ton basis. A conversion between
volume calculated based on theoretical limits and total weight will be made
based on a ratio of 1.64 tons per cubic yard.
1.03 SUBMITTALS
A. Submittals shall conforill to requirements of Section 01350 - Submittals.
B. Submit material qualification and mix design tests to include:
1. Three series of tests of sand or fine aggregate material from the proposed
source. Tests shall include procedures defined in Paragraph 2.01.
2. Three moisture -density relationship tests prepared using the material
qualified by the tests of Paragraph 1.03 B 1. Blends of fine aggregate
from crushed concrete and bank run sand shall be tested at the ratio to be
used for the mix design testing.
3. Mix design report to meet the design requirements of Paragraph 1.04.
The mix design shall include compressive strength tests after 48-hours
and 7 days curing.
1.04 DESIGN REQUIREMENTS
Design sand -cement mixture to produce a minimum unconfined compressive strength
of 100 pounds per square inch in 48 hours when compacted to 95 percent in accordance
with ASTM D558 and when cured in accordance with ASTM D1632, and tested in
accordance with ASTM D1633. Mix for general use shall contain a minimum of 1-1/2
4/00
02252-1
CITY OF PEARLAND
CEMENT STABILIZED SAND
sacks of cement per cubic yard. Compact mix with a moisture content on the dry side
of optimum.
PART2 PRODUCTS
2.01 MATERIALS
A. Cement: Type 1 Portland cement conforming to ASTM C150.
B. Sand: Clean, durable sand meeting grading requirements for fine aggregates of
ASTM C33 or requirements for Bank Run Sand of Section 02318 - Excavation
and Backfill for Utilities, and the following requirements:
1. Classified as SW, SP or SM by the United Soil Classification System of
ASTM D2487.
2. Deleterious materials:
a. Clay lumps ASTM C142; less than 0.5 percent.
b. Lightweight pieces, ASTM C123; less than 5 0 percent.
c. Organic impurities, ASTM C40; color no darker than the standard
color.
d. Plasticity index of 4 or less when tested in accordance with
ASTM D4318.
3. Fine aggregate manufactured from crushed concrete meeting the quality
requirements for crushed rock material of Section 02318 - Excavation
and Backfill for Utilities, may be used as a complete or partial substitute
for bank run sand. The blending ratio of fine aggregate from crushed
concrete and bank run sand shall be defined in the mix design report.
C. Water: Potable water, free of oils, acids, alkalies, organic matter or other
deleterious substances, meeting requirements of ASTM C94.
2.02 MIXING MATERIALS
A. Thoroughly mix sand, cement and water in proportions of the mix design using
a pugmill-type mixer. The plant shall be equipped with automatic weight
controls to ensure correct mix proportions.
B. Stamp batch ticket at plant with time of loading directly after mixing. Material
not placed and compacted within 4 hours after mixing shall be rejected.
PART3 EXECUTION
3.02 PLACING
A. Place sand -cement mixture in 8-inch-thick loose lifts and compact to 95 percent
of ASTM D558, unless otherwise specified. The moisture content during
4/00 02252-2
CITY OF PEARLAND
CEMENT STABILIZED SAND
compaction shall be on the dry side of optimum but sufficient for hydration.
Perform and complete compaction of sand -cement mixture within 4 hours after
addition of water to mix at the plant.
B. Do not place or compact sand -cement mixture in standing or free water.
3.03 FIELD QUALITY CONTROL
A. Testing will be performed under provisions of Section 01450 - Testing
Laboratory Services.
B. Mixing plant inspections will be performed periodically. Material samples will
be obtained and tested in accordance with Paragraph 2.01, Materials, if there is
evidence of change in material characteristic.
C. Random samples of delivered product will be taken in the field at point of
delivery for each day of placement in a work area. Specimens will be prepared
in accordance with ASTM C31 and tested for 48-hour compressive strength in
accordance with ASTM D1633.
D. The cement content will be checked on samples obtained in the field whenever
there are apparent changes in the mix properties.
END OF SECTION
4/00
02252-3
CITY OF PEARLAND EMBANKMENT
Section 02330
EMBANKMENT
1.0 GENERAL
1.01 SECTION INCLUDES
A Construction of embankments with excess excavated material and borrow.
1.02 UNIT PRICES
A Unless listed in the Bid Schedule, there will be no separate payment will be made for
embankment. Include cost in the unit price for Site Preparation, Section 02200.
1.03 TESTS
A Tests and analysis of soil properties will be performed in accordance with ASTM D4318,
ASTM D2216, and ASTM D698 under provisions of Section 01450 - Testing Laboratory
Services.
1.04 PROTECTION
A Protect trees shrubs, lawns, existing structures, and other features outside of
embankment limits.
B Protect utilities above and below grade, which are to remain.
C Repair damage.
2.0 PRODUCTS
2.01 MATERIALS
A Topsoil: Conform to requirements of Section 02910 - Topsoil.
B General Backfill: Excavated material, graded free of roots, lumps greater than 6 inches,
rocks larger than 3 inches, organic material, and debris.
C Structural Backfill (under pavement or structures): Select unmodified general backfill
material from excavation or borrow meeting the following requirements:
1. Plasticity Index: Not less than 12 nor more than 20.
2. Maximum Liquid Limit. 45 unless approved by Engineer. In no case greater
than 65.
04/2002
D Borrow Material: Excavated material shall be graded free of lumps greater than 6 inches,
rocks larger than 3 inches, organic material, chemical waste or other contamination, and
debris. Take borrow material from sources approved by Engineer.
02330-1
CITY OF PEARLAND EMBANKMENT
3.0 EXECUTION
3.01 EXAMINATION
A Verify borrow and excess excavated materials to be reused, are approved.
B Verify removals, and clearing and grubbing operations, have been completed.
C Notify Engineer and testing laboratory 5 days in advance of opening borrow source to
permit obtaining samples for qualification testing.
Clear approved source of trees, limbs greater than 2" diameter, stumps, brush, roots,
vegetation, organic matter, and other unacceptable material.
3.02 PREPARATION
A Fill test pits, or stump holes and other surface irregularities such as small swales:
Backfill with embankment materials and compact in proper lift depths, to requirements
for embankment compaction.
B Remove and dispose of muck and other unsuitable materials which will not consolidate.
Backfill with embankment materials and compact to requirements for embankment.
C Complete backfill of new utilities below future grade.
3.03 EMBANKMENT
A Do not conduct placement operations during inclement weather or when existing ground
or fill materials exceed 3 percent of optimum moisture content. Contractor may
manipulate wet material to facilitate drying, by disking or windrowing, at Contractor's
expense.
B Do not place embankment fill until density and moisture content of previously placed
material comply with specified requirements.
C Scarify areas to be filled to a minimum depth of 4 inches to bond existing and new
materials. Mix with first fill layer.
D Spread fill material evenly, from dumped piles or windrows, into horizontal layers
approximately parallel to finished grade. Place to meet specified compacted thickness.
Break clods and lumps and mix materials by blading, harrowing, discing or other
approved method Each layer shall extend across full width of fill.
E Each layer shall be homogeneous and contain uniform moisture content before
compaction. Mix dissimilar abutting materials to prevent abrupt changes in composition
of fill.
04/2002 02330-2
CITY OF PEARLAND EMBANKMENT
F Layers shall not exceed the following compacted thickness:
1. Areas indicated to be under future paving or shoulders, to be constructed within 6
months: 6 inches when compacted with pneumatic rollers, or 8 inches when
compacted with other rollers
2. Other areas: 12 inches.
G Where shown on plans for steep slopes, cut benches into slope and scarify before placing
fill. Place increasingly wide horizontal layers of specified depth, to the level of each
bench.
H Build embankment layers on back slopes, adjacent to existing roadbeds, to level of old
roadbed. Scarify top of old roadbed to minimum depth of four inches and recompact
with next fill layer.
I Construct to lines and grades shown on drawings.
J Remove unsuitable material and excess soil not being used for embankment from the site
in accordance with requirements of Section 01562 - Waste Material Disposal.
3.04 COMPACTION
A Maintain moisture content of embankment materials to attain required compaction
density.
B Compact to following minimum densities at a moisture content of optimum to 3 percent
above optimum as deteiinined by ASTM D698, unless otherwise indicated on the
Drawings:
1. Areas under future paving and shoulders: Minimum density of 95 percent of
maximum dry density.
2. Other areas: Minimum density of 90 percent of maximum dry density.
3.05 TOLERANCES
A Top of compacted surface: Plus or minus 1/2 inch in cross section, or in 16 foot length.
3.06 FIELD QUALITY CONTROL
A Compaction Testing will be performed in accordance with ASTM D1556 or ASTM
D2922 and ASTM 3017 under provisions of Section 01450 - Testing Laboratory
Services.
04/2002
B A minimum of three tests will be taken for each 1,000 linear feet per lane of roadway or
500 square yards of embankment per lift.
02330-3
CITY OF PEARLAND EMBANKMENT
C If tests indicate work does not meet specified compaction requirements, recondition,
recompact and retest at Contractor's expense.
END OF SECTION
04/2002 02330-4
CITY OF PEARLAND
GEOTEXTILE
SECTION 02370
GEOTEXTILE
1.0 GENERAL
1.01 SECTION INCLUDES
Geotextile fabric, also called filter fabric, in applications such as under a granular fill,
as a pipe embedment wrap, around the exterior of a tunnel liner, or around the
foundations of pipeline structures.
1.02 UNIT PRICES
Unless listed by the square yard in place in the Bid Schedule, no separate payment will
be made for work performed under this Section. Include the cost of such work in unit
prices for work requiring geotextile, such as embankment, pipe embedment, sewer line
in tunnel, or placement of manhole foundations, as appropriate.
1.03 SUBMITTALS
A. Conform to Section 01350 - Submittals.
B. Submit the standard manufacturer's catalog sheets and other pertinent
information, for approval, prior to installation.
C. Submit installation methods, as a part of the work plan for tunneling or for
excavation and backfill for utilities. Obtain approval from Engineer for
geotextile material and the proposed installation method prior to use of the
geotextile.
2.0 PRODUCTS
2.01 GEOTEXTILE
A. Provide a geotextile (filter fabric) designed for use in geotechnical applications
which forms a permeable layer or media while retaining the soil matrix.
B. Use a fabric which meets the physical requirements for Class A Subsurface
Drainage installation conditions as defined in AASHTO M288 and as specified
in paragraph 2.02.
4/00
02370-1
CITY OF PEARLAND
GEOTEXTILE
2.02 PROPERTIES
A. Material. Nonwoven, nonbiodegradable, fabric consisting only of continuous
chain polymer filaments or yarns, at least 85 percent by weight polyolefins,
polyesters or polyamide, formed into a dimensionally stable network.
B. Chemical Resistance: Inert to commonly encountered chemicals and
hydrocarbons over a pH range of 3 to 12.
C. Physical Resistance: Resistant to mildew and rot, ultraviolet hght exposure,
insects and rodents.
D. Minimum Test Values:
Property
Value
(Min.)
Method
Test
Grab
Strength
180
lbs.
ASTM
D
4632
Tear
Strength
50
lbs.
ASTM
D
4533
Trapezoidal
Puncture
Strength
80
lbs.
ASTM
D
4833
Mullen
Burst
Strength
290
psi.
ASTM
D
3786
Apparent
Opening
Size(1)
0.25
mm
ASTM
D
4751
Peri
(sec-1)
0.2
ASTM
D
4491
iittivity
(1)
Maximum average roll value.
3.0 EXECUTION
3.01 LINE WORK
Use geotextile with backfill for utilities in conformance with Section 02318 Excavation and Backfill for Utilities.
3.02 SLOPE PROTECTION
Use geotextile with interlocking block slope protection in conformance with Section
03315 — Interlocking Flexible Revetment System for Slope Stabilization.
END OF SECTION
4/00 02370-2
CITY OF PEARLAND CHAIN LINK FENCES AND GATES
Section 02821
CHAIN LINK FENCES AND GATES
1.0 GENERAL
1.01 SECTION INCLUDES
A Fence framework, fabric, and accessories.
B Excavation for post bases, concrete foundation for posts and center drop for gates.
1. Manual gates and related hardware.
1.02 MEASUREMENT AND PAYMENT
A Payment for fencing shall be on a linear foot basis for height noted.
B Payment for gates shall be per unit.
C Refer to Section 01200 - Measurement and Payment for Unit Price Procedures.
1.03 SYSTEM DESCRIPTION
A Fence Height shall be as indicated on Drawings or as noted to match height of existing.
B Extension arms for barbed wire shall match existing.
C Line Post Spacing shall not exceed 10 feet, or as shown on Drawings.
1.04 SUBMITTALS
A Submit under provisions of Section 01350, Submittals.
B Shop Drawings' Indicate plan layout, spacing of components, post foundation
dimensions, hardware anchorage, and schedule of components.
C Product Data: Provide data on fabric, posts accessories, fittings and hardware that
indicates that items match or exceed the quality of existing.
1.05 QUALIFICATIONS
A Manufacturer: Company specializing in manufacturing the products specified in this
Section with minimum three years experience.
1.06 FIELD MEASUREMENTS
A Verify that field measurements are as indicated on shop drawings.
04/2002 02821-1
CITY OF PEARLAND CHAIN LINK FENCES AND GATES
2.0 PRODUCTS
2.01 GALVANIZED FENCING
A Fence fabric shall be No. 9 steel wire, hot galvanized after weaving, to match or exceed
existing.
B Framework shall be hot -dipped galvanized with a minimum coating of 2 ounces/sf, or
one ounce/sf plus 30 micrograms/square inch chromate conversion coating.
C Line posts shall be 2" and conform to ASTM A570 Grade 45 steel or ASTM A569, cold
rolled steel. All posts shall have spherical plugs.
D End corner, angle, and pull posts shall be 2 1//2" and conform to ASTM A570 Grade 45
steel or ASTM A569 for steel pipe.
E Top rails shall be 1.65 x 1.25-inch formed C-section; or 1.6-inch round ASTM A569,
1.35 lbs/ft; or 1-5/8-inch outside diameter steel pipe, 2.27 lbs/ft. Top rails shall pass
through openings provided for that purpose in post tops.
F Fabric ties shall be hog rings, galvanized steel wire not less than 9-ga with a zinc coating
of not less than 1.2 ounces/sf.
G Bolts and nuts shall be in conformance with ASTM A307 and shall be galvanized in
accordance with AASHTO M232.
H Install horizontal braces fabricated of 1-5/8-inch, 2.27-1b copper bearing steel pipe at all
corner, gate, and end posts.
I All posts to have malleable iron top caps.
J Bottom tension wire shall be #7 gauge wire.
K Gates shall be either swing or slide as shown on the plans. Swing gates shall be hinged
to swing 90 degrees from closed to open or hinged to swing 180 degrees from close to
open. Slide gates shall be roller type with no vertical obstructions. All gate leaves shall
have intermediate members and diagonal stress rods as required for rigid construction
and shall be free from sag or twist All gates shall be fitted with vertical extension arms
or shall have frame end number extended to carry barbed wire. Gate posts for gates shall
be 4-inch, 9.1 lb pipe. Gate frames shall be made of 2-inch outside diameter, castings.
Fabric shall be the same as for the fence. Gates shall have malleable iron ball and socket
hinges, catches, stops and padlocks with 3 keys each. Posts for single gates shall be the
same as end posts.
04/2002 02821-2
CITY OF PEARLAND CHAIN LINK FENCES AND GATES
3.0 EXECUTION
3.01 INSTALLATION
A Install chain link fence in accordance with the directions of the manufacturer and these
Specifications.
B Install line fence posts at not more than 10-ft centers and concreted at least 36 inches x
12' diameter into the ground in a Class B concrete base. Allow concrete to cure for at
least 7 days before erecting remainder of fence. Fasten fabric to line posts with wire ties
spaced about 14 inches apart and to top rail spaced about 24 inches apart.
C Use standard chain link fence stretching equipment to stretch the fabric before tying it to
the rails and posts. Repeat the stretching and tieing operations about every 100 feet
D Erect gates so they swing or slide in the appropriate direction. Provide gate stops as
required. Secure hardware, adjust, and leave in perfect working order. Adjust hinges
and diagonal bracing so that gates will hang level. Adjust rollers and guides of sliding
gates so that gates are level.
E At small natural or drainage ditches where it is not practical for the fence to conform to
the contour of the ground, span the opening below the fence with wire fastened to stakes
of required length. The finished fence shall be plumb, taut, true to line and ground
contour. When directed, stake down the chain link fence at several points between posts
F Where new fence joins an existing fence, set a corner post and brace post at the junction
and brace as directed If the connection is made at other than the corner of the new fence
the last span of the old fence shall contain a brace.
END OF SECTION
04/2002 02821-3
CITY OF PEARLAND
TOPSOIL
SECTION 02910
TOPSOIL
1.0 GENERAL
1.01 SECTION INCLUDES
Furnishing and placing topsoil for finish grading and for seeding, sodding and planting.
1.02 UNIT PRICES
A. No separate payment will be made for topsoil. Include payment in Section
02921 - Hydromuch Seeding and Section 02922 - Sodding.
B. Refer to Section 01200 - Measurement and Payment for unit price procedures.
2.0 PRODUCTS
2.01 TOPSOIL
A. Topsoil shall be fertile, friable, natural sandy loam surface soil obtained from
excavation or borrow operations having the following characteristics:
1. pH value of between 5.5 and 6.5.
2. Liquid limit: topsoil not exceed 50
3. Plasticity index: 10 or less
4. Gradation: maximum of 40 percent with a passing the #280 sieve.
B. Topsoil shall be reasonably free of subsoil, clay lumps, weeds, non -soil
materials and other litter or contamination. Topsoil shall not contain roots,
stumps, and stones larger than 2 inches.
C. Obtain topsoil from the top material from naturally well drained areas where
topsoil occurs at a minimum depth of 4 inches and has similar characteristics to
that found at the placement site Do not obtain topsoil from areas infected with
a growth of, or reproductive parts of nut grass or other noxious weeds.
3.0 EXECUTION
3.01 EXAMINATION
Verify that excavation and embankment operations have been completed to correct
lines and grades.
4/00
02910-1
CITY OF PEARLAND
TOPSOIL
3.02 TOPSOIL EXCAVATION
Conform to excavation and stockpiling requirements of section 02316 - Roadway
Excavation and Backfill.
3.03 PLACEMENT
A. For areas to be seeded or sodded, scarify or plow existing surface material to a
minimum depth of 4 inches, or as indicated on the Drawings. Remove any
vegetation and foreign inorganic material. Place 4 inches of topsoil on the
loosened material and roll lightly with an appropriate lawn roller to consolidate
the topsoil.
B. Increase depth of topsoil to 6 inches when placed over sand bedding and backfill
materials.
C. For areas to receive bushes or trees, excavate existing material and place topsoil
to the depth and dimensions shown on the Drawings
D. Remove spilled topsoil from curbs, gutters, and, paved areas and dispose of
excess topsoil in accordance with requirements of Section 01562 - Waste
Material Disposal.
3.04 PROTECTION
Protect topsoil from wind and water erosion until planting is completed.
END OF SECTION
4/00 02910-2
CITY OF PEARLAND
HYDROMULCH SEEDING
SECTION 02921
HYDROMULCH SEEDING
1.0 GENERAL
1.01 SECTION INCLUDES
Seeding, fertilizing, mulching, and maintenance of areas indicated on Drawings.
1.02 UNIT PRICES
A. Measurement for hydromulch seeding is on a square yard basis.
B. Refer to Section 01200 - Measurement and Payment for unit price procedures.
1.03 SUBMITTALS
A. Submittals shall conform to requirements of Section 01350 - Submittals.
B. Submit certification from supplier that each type of seed conforms to these
specification requirements and the requirements of the Texas Seed Law.
Certification shall accompany seed delivery.
C. Submit a certificate stating that fertilizer complies with these specification
requirements and the requirements of the Texas Fertilizer Law.
2.0 PRODUCTS
2.01 MATERIALS
A. Topsoil: Conform to material requirements of Section 02910 - Topsoil.
B. Seed: Conform to U S Department of Agriculture rules and regulations of the
Federal Seed Act and the Texas Seed Law. Seed shall be certified 90 percent
pure and furnish 80 percent germination and meet the following requirements:
1. Rye. Fresh, clean, Italian rye grass seed (lolhum multi-florum), mixed in
labeled Proportions. As tested minimum percentages of impurities
and germination must be labeled. Deliver in original unopened
containers.
2. Bermuda: Extra -fancy, treated, lawn type common bermuda (Cynodon
dactylon) Deliver in original, unopened container showing weight,
analysis, name of vender, and germination test results.
4/00
02921-1
CITY OF PEARLAND
HYDROMULCH SEEDING
3. Wet, moldy, or otherwise damaged seed will not be accepted.
C. Seed requirements, application rates and planting dates are:
Application
Pounds/Ac
Rate
Planting
Date
Type
Hulled
Unhulled
Common
Bermuda
Bermuda
Grass
98/88
Grass 98/88
40
40
Jan 1
to
Mar
31
Common
Hulled
Common
Bermuda
Grass 98/88
40
Apr
1
to Sep
30
Hulled
Unhulled
Annual
Common
Rye
Common
Grass
Bermuda
(Gulf)
Bermuda
Grass 98/88
Grass 98/88
40
40
30
Oct
1
to
Dec 31
D. Fertilizer: Dry and free flowing, inorganic, water soluble commercial fertilizer,
which is uniform in composition. Deliver in unopened containers which bear
the manufacturers guaranteed analysis. Caked, damaged, or otherwise
unsuitable fertilizer will not be accepted. Fertilizer shall contain minimum
percentages of the following elements:
Nitrogen
10 Percent
Phosphoric Acid
Potash
20 Percent
10 Percent
E Mulch: Virgin wood cellulose fibers from whole wood chips having a minimum
of 20 percent fibers 0 42 inches (10.7 mm) in length and 0 01 inches (0.27 mm)
in diameter. Mulch shall be dyed green for coverage verification purposes.
F. Soil Stabilizer: "Terra Tack" 1 or approved equal.
G. Weed control agent: Pre -emergent herbicide for grass areas, "Benefin" or
approved equal.
3.0 EXECUTION
3.01 PREPARATION
Place and compact topsoil in accordance with requirements of Section 02910 - Topsoil.
4/00 02921-2
CITY OF PEARLAND
HYDROMULCH SEEDING
3.02 APPLICATION
A. Seed: Apply uniformly at rates given in Paragraph 2.01 B for type of seed and
planting date.
B. Fertilizer: Apply uniformly at a rate of 500 pounds per acre.
C. Mulch: Apply uniformly at a rate of 50 pounds per 1000 square feet.
D. Soil stabilizer: Apply uniformly at a rate of 40 pounds per acre.
E Weed control agent: Apply at manufacturer's recommended rate prior to
hydromulching.
F. Suspend all operations under conditions of drought, excessive moisture, high
winds, or extreme or prolonged cold. Obtain the Engineer's approval before
resuming operations.
3.03 MAINTENANCE
A. Maintain grassed areas a minimum of 90 days, or as required to establish an
acceptable lawn. For areas seeded in the fall, continue maintenance the
following spring until an acceptable lawn is established. Acceptable coverage
will require a minimum of one healthy plant for any one 9"x9" square area.
B. Maintain grassed areas by watering, fertihzing, weeding, and trimming.
C. Repair areas damaged by erosion by regrading, rolling and replanting.
END OF SECTION
4/00
02921-3
CITY OF PEARLAND
SODDING
SECTION 02922
SODDING
1.0 GENERAL
1.01 SECTION INCLUDES
A. Restoration of existing lawn areas disturbed by construction shall be by
installation of new sod.
B. Sod is defined as blocks squares, strips of turf grass, and adhering soil used for
vegetative planting. To be placed edge to edge for complete coverage.
C. Lawn is defined as ground covered with fine textured grass kept neatly mowed.
1.02 UNIT PRICES
No separate payment will be made for work performed under this section. Include the
cost of such work for restoration of the existing sod or lawn areas in unit cost for utility
and paving items in the Bid Schedule.
1.03 SUBMITTALS
Submittals shall conform to the requirements of Section 01350 - Submittals.
1.04 QUALITY ASSURANCE
A. Perform sodding only when weather and soil conditions are deemed by Engineer
to be suitable for proper placement.
B. Water and fertilize new sod.
C. Guarantee sod to be growing 30 days after substantial completion.
D. Maintenance Period:
1. Begin maintenance immediately after each section of grass sod is
installed and continue for a 30-day period from date of substantial
completion.
2. Resod unacceptable areas.
3. Water, fertilize, control disease and insect pests, mow, edge, replace
unacceptable materials, and perform other procedures consistent with
good horticultural practice to ensure normal, vigorous and healthy
4/00
02922-1
CITY OF PEARLAND
SODDING
growth. All disease control shall be installed within guidelines set forth
by the Structural Pest Control Board of the State of Texas.
E Notify Engineer 10 days before end of maintenance period for inspection.
2.0 PRODUCTS
2.01 SOD
A. Species: Bermuda (Cynodon Dactylon), Buffalo (Buchloe Dactyloides), or St.
Augustine to match existing or as directed.
B. Contents: 95 percent permanent grass suitable to climate in which it is to be
placed; not more than 5 percent weeds and undesirable grasses; good texture,
free from obnoxious grasses, roots, stones and foreign materials.
C. Size: 12 inch wide strips, uniformly minimum 2 inches thick with clean-cut
edges.
D. Sod is to be supplied and maintained in a healthy condition as evidenced by the
grass being a normal green color.
2.02 FERTILIZER
Available nutrient percentage by weight: 12 percent nitrogen, 4 percent phosphoric
acid, and 8 percent potash; or 15 percent nitrogen, 5 percent phosphoric acid, and 10
percent potash.
2.03 WEED AND INSECT TREATMENT
Provide acceptable treatment to protect sod from weed and insect infestation. Submit
treatment method to the Engineer for approval. All insect and disease control shall be
installed within guidelines set forth by the Structural Pest Control Board of the State of
Texas.
2.04 WATER
Potable, available on -site through Contractor's water trucks. Do not use private
resident's water.
2.05 BANK SAND
Free of clay lumps, roots, grass, weed, seeds, salt or other foreign material.
4/00 02922-2
CITY OF PEARLAND
SODDING
3.0 EXECUTION
3.01 PREPARATION
A. Verify that top soil placement and compaction has been satisfactorily
completed. Verify that soil is within allowable range of moisture content.
B. Top soil shall be free of weeds and foreign material immediately before
sodding.
C. Do not start work until conditions are satisfactory. Do not start work during
inclement or impending inclement weather.
D. Rake areas to be sodded smooth, free from unsightly variations, bumps, ridges
or depressions.
E Spread 2-inch (+1-1")layer of bank sand over areas to be sodded prior to
planting of sod.
F. Apply fertilizer at a rate of 25 lbs/1000 SF. Apply after raking soil surface and
not more than 48 hours prior to laying sod. Mix thoroughly into upper 2 inches
of soil Lightly water to aid in dissipation of fertilizer.
3.02 APPLICATION
A. Lay sod with closely fitted joints leaving no voids and with ends of sod strips
staggered. Sod shall be laid within 24 hours of harvesting.
B. After sod is laid, irrigate thoroughly to secure 6-inch minimum penetration into
soil below sod.
C. Tamp and roll sod with approved equipment to eliminate minor irregularities
and to form close contact with soil bed immediately after planting and watering.
Submit type of tamping and rolling equipment to be used to the Engineer for
approval, prior to construction.
3.03 MAINTENANCE
A. Watering:
1. Water lawn areas once a day with minimum 1/2 inch water for the first 3
weeks after area is sodded.
2. After 3-week period, water twice a week with 3/4 inch of water each
time unless comparable amount has been provided by rain.
3. Make weekly inspections to determine moisture content of soil unless
soil is in frozen condition.
4/00
02922-3
CITY OF PEARLAND
SODDING
4. Water in the morning to enable soil to absorb maximum amount of water
with minimum evaporation.
B. Mowing:
1. Mow sod at intervals which will keep grass height from exceeding 3-1/2
inches.
2. Set mower blades at 2-1/2 inches.
3. Do not remove more than one-half of grass leaf surface.
4. Sodded areas requiring mowing within 1 month after installation shall
be mowed with a light -weight rotary type mower. The sod shall be
mowed only when dry and not in a saturated or soft condition.
5. Remove grass clippings during or immediately after mowing.
C. Fertilizer and Pest Control:
1 Evenly spread fertilizer composite at a rate of 40 pounds per 5,000
square feet or as recommended by manufacturer. Fertilizer shall not be
placed until 2 weeks after placement of sod.
2. Restore bare or thin areas by topdressing with a mix of 50 percent sharp
sand and 50 percent sphagnum peat moss.
3. Apply mixture 1/4 to 1/2 inch thick.
4. Treat areas of heavy weed and insect infestation as recommended by
treatment manufacturer.
3.04 CLEANUP
A. During course of planting, remove excess and waste materials; keep lawn areas
clean and take precautions to avoid damage to existing structures, plants, grass
and streets.
B. Remove barriers, signs and all other Contractor material and equipment from
project site at termination of establishment period.
END OF SECTION
4/00 02922-4
CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
SECTION 02931
LANDSCAPE AND TREE PLANTING
1.0 GENERAL
1.03 SECTION INCLUDES
Furnishing all plants and trees, labor, equipment, appliances and materials for
landscape and tree planting. Rough and finish grading is part of the landscape work.
1.04 UNIT PRICES
A. Measurement for Landscape Planting is on a Lump Sum.
B. Payment for Tree Planting is on lump sum basis for each tree planted.
C. Refer to Section 01200 - Measurement and Payment.
1.03 REFERENCES
A. ANSI Z 60.1 - Nursery Stock.
B. Federal Specification Q-P-166E - Peat, Moss; Peat, Humus; and Peat, Reed -
Sedge.
1.05 PLANT SCHEDULE
A. The plant schedule gives quantities, scientific names, common names, sizes, and
special remarks.
B. The plant list conforms with Standardized Plant Names, 1942, and American
Standard for Nursery Stock, 1949, revised January 2, 1969, as prepared by the
American Joint Committee on Horticultural Nomenclature and the American
Association of Nurserymen, Inc.
C. In case of discrepancies between the plant list and drawings, the working
drawings shall govern.
1.06 SUBMITTALS
A. Submit samples of the plants and grasses to be used for approval prior to
installation. Inspection will be done on the project site.
4/00
02931-1
CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
B. Provide materials from the same source and of the same quality and variety as
those inspected and approved.
C. Soils and/or compost materials must be approved at their source prior to
delivery.
1.07 DELIVERY AND STORAGE OF MATERIALS
A. Pack all plant material to provide protection against damage from wind, weather
or other possible sources. Tie plants to prevent whipping when shipment is
made by truck.
B. When shipment is made by rail, pack plants and ventilate cars as required to
prevent sweating.
C. Provide a platform from all B&B root balls over 24 inches in diameter.
D. Store plants on the site as directed.
E. Spray with antitranspirant at time of delivery in warm season months. Apply at
rates in accordance with manufacturer's recommendations.
F. Ship trees with Certificates of Inspection as required by governing authorities.
Label each tree and shrub with securely attached waterproof tag bearing legible
designation of botanical and common name. Do not remove container grown
stock from containers before time of planting.
G. Deliver packaged materials in fully labeled original containers showing weight,
analysis and name of manufacturer. Protect materials from deterioration during
delivery, and while stored at Site.
H. Materials shall not be pruned prior to installation unless approved by the
Engineer in writing. Do not bend or bind -tie trees or shrubs in such a manner as
to damage bark, break branches, or destroy natural shape. Use protective
covering during delivery.
1.08 SUBSTITUTIONS
A. Substitution of larger size or better grade than specified will be allowed, but
with no increase in unit cost.
B. Substitution of an alternate species may be accepted upon written approval from
the Engineer.
4/00 02931-2
CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
1.09 ACCEPTANCE AND APPROVAL
A. There will be no partial acceptance of grasses.
B. Upon Contractor's request, final approval will be made within 15 working days
of date of notice to the Engineer if contracted work has been satisfactorily
completed.
C. Final approval of grasses will be given when the following conditions are met:
1. There are no bare spots larger than 9 inches square.
2. The total area of bare spots does not exceed 5 percent of the entire grass
area.
1.10 WARRANTY
A. Provide 1-year warranty on all plants and grasses. The warranty period
commences after final completion.
B. Replace plants that fail during the warranty period according to the
specifications governing the original plants.
C. Periodically inspect plants for proper watering and spraying, during warranty
period.
D. Damage caused by natural hazards such as hail, high winds or storm is not
covered by the warranty.
E. Plant materials and grasses which die due to normal insects or diseases are
included in the warranty.
F. Existing in situ plant material required to be moved on the site will be protected
under the warranty.
G. Contractor shall warrant trees against defects including death, unsatisfactory
growth, or loss of shape due to improper pruning, maintenance, or weather
conditions, for 1 year after completion of planting. Contractor shall plumb
leaning trees during warranty period.
H. Remove and replace trees found to be dead during warranty period. Remove
and replace trees which are in doubtful condition at end of warranty period, or if
approved by the Engineer, extend warranty period for such trees for a full
growing season.
4/00
02931-3
CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
1.11 SOIL ANALYSIS
A. Submit for approval an analysis of all soils obtained from off -site sources prior
to delivery.
B. Analysis of existing soil is not required.
1.10 PLANT CERTIFICATES.
Submit inspection certificates approved by the Engineer as required by law with the
invoice for each shipment or order of stock: Submit certificates to the Engineer for
review in ample time to be reviewed and meet installation schedule.
1.11 PROTECTION OF PERSONS AND PROPERTY
A. Take all reasonable precautions to prevent injury to people and to avoid damage
to existing structures, plants and grasses. Keep the area free of hazardous
obstructions.
B. Construct barricades where necessary for the protection of persons and property.
Mark all barricades with red and white paint and with red reflectors. Erect
barricades in the following locations:
1. Areas dangerous to workmen and passersby.
2. Along adjoining property that requires protection.
3. Across streets and walks that are temporarily closed or rerouted.
4. Around plants and trees to be protected.
C Excavations larger than 1 foot deep and 1 foot wide must be covered when not
attended.
D. Existing trees which may be subject to damage must be protected by fencing or
boxing.
E. During the course of planting operations, protect all installed plants and lawns
from damage. If heavy equipment or materials must be moved across lawns, use
planks or pontoons to protect the turf. Similarly protect walks across which
heavy equipment must pass.
1.12 DEFINITIONS
A. In -situ refers to any soil which is existing and in place on the project site at the
time landscape work commences.
B. Establishment period refers to a period of 45 days after installation during which
time 5 percent of the construction costs will be withheld.
4/00 02931-4
CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
1.13 QUALITY ASSURANCE
A. Landscaper shall be a firm specializing in landscape and planting work.
B. Do not make substitutions of approved trees unless approved in writing by the
Engineer. If specified planting material is not obtainable, submit proof of non -
availability together with proposal for use of equivalent material. Substitutions
of larger size or better grade than specified will be allowed, but with no increase
in unit price.
2.0 PRODUCTS
2.01 TOPSOIL
A. Topsoil: Conform to requirements of Section 02910 - Topsoil.
B. Peat moss, bark, and fertilizer: Use material recommended by nursery for
establishment of healthy stock after replanting. Moss shall conform to
requirements of Federal Specification Q-P-166E.
2.02 FERTILIZER
Provide an inorganic commercial fertilizer which is uniform in composition, dry and
free flowing, in original unopened containers, each bearing the manufacturer's
guaranteed analysis. Caked damaged or otherwise unsuitable fertilizer will not be
accepted.
A. For lawns: 12-24-12.
B. For ground cover areas, shrub beds and tree holes: 20-10-5.
2.03 ADDITIVES
A. Adjustment of pH. For topsoil to attain the specified pH level, furnish raw,
ground agricultural limestone containing not less than 85 percent calcium
carbonate of which 50 percent will pass through a 100-mesh sieve and 90
percent through a 70-mesh sieve. Wait 2 months after planting before
application of fertilizer.
B. The following table is a guideline to establish the pounds of limestone needed
per 1000 square feet of turf:
4/00 02931-5
CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
LIMESTONE
NEEDED
PER 1000
SQUARE
FEET
Soil
pH
Sands,
Loamy Sands
Sandy
Loam
Clay Loam,
Clay
5.1
>6.0
<5.0
-
6.0
50
100
0
125
75
0
100
175
0
C. Humus. Provide a rich humus material free of sticks, stones, weedy roots, or
other foreign matter. Humus must have ample water holding capacity and plant
food retention. Use a humus with a dark brown to black color.
D. Top Dressing Mulch. Provide pine or redwood bark that is evenly shredded,
consisting of 90 percent organic matter, brown in color, and free of haiinful
minerals. Maximum particle size not to exceed 3 inches in diameter.
E. Sharp Sand. Obtain clean sharp sand of hard durable grains, free from dirt,
organic matter or other impurities. Use sand with a grade between 0.05 mm and
2 mm.
F. Concrete Gravel. Provide clean, crushed stone consisting of hard, durable,
uncoated particles free from injurious amounts of soft friable, thin or laminated
pieces Use gravel which conforms to ASTM C 33. The sieve size will be 3/4
inch, 90 to 100 percent passing.
2.04 CONSTRUCTION MATERIALS
A. Tree Guys:
1. Guy Wires. Use 10-gauge galvanized annealed iron wire.
2. Hose will be 2-ply, fiber -reinforced dull green rubber at least 3/4-inch
diameter.
3. Turnbuckles will be galvanized, with a 3-inch minimum lengthwise
opening and fitted with screw eyes.
B. Stakes:
1. For use in identifying tree and shrub locations.
2. Use 1-inch x 2-inch pine, or equivalent, 18 inches long.
3. Use waterproof marker for identification.
4. Where applicable for anchoring trees, use wood deadmen of at least 2
inches x 4 inches stock, 36 inches long and buried 3 feet.
4/00 02931-6
CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
5. For supporting guyed trees, use stakes that are of at least 2 inches x 4
inches stock, 36 inches long. Notch stakes for guy wires 2 inches from
the top.
C. Use tree stakes that are of sound and durable quality capable of withstanding
aboveground and underground conditions either ' T" Post or Treated Lodge
Poles.
D. Edging:
1. Provide 1/2-inch x 4 inches, Cypress or Treated Lumber headerboard.
2. Provide 1 inch x 2 inches x 12 inches, Cypress or Treated Lumber
stakes.
E Cloth for Balling Trees. Use burlap of jute weighing at least 7.2 ounces per
square yard. Secure balled plants with 2-ply twine made of jute.
F. Paper for Wrapping Trees. Use first quality, 4-inch-wide bituminous
impregnated tape, corrugated or crepe paper, specifically manufactured for tree
wrapping and having qualities to resist insect infestation.
G. Materials for Flagging Trees:
1. Mark guyed trees with surveyors white plastic tape.
2. Use surveyors plastic tape for marking as follows.
a. Red to be removed.
b. Yellow to be transplanted.
c. Green to remain.
d. Blue to identify special handling.
H. Labels Legibly label plants with durable labels that identify the plant by
scientific and common name. Use waterproof ink.
I. Tree Seal. All pruning cuts, bruises, or scars over 3/4 inch in diameter on trees
will be treated with a commercial tree wound dressing.
J. Polyethylene. Use virgin base, resin blended polyethylene sheeting with carbon
black concentrate of 2 5 percent.
2.05 SPRAYS
A. Sterilization:
1. Use approved solution of Dyclomec 4G, or equal, for areas to be planted.
2. Use Pramitol, or equal, for areas to be paved.
4/00
02931-7
CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
B. Herbicides:
1. Use an approved systemic non -selective, post emergent herbicide on
specified areas to kill all vegetation.
2. Use Confront, or equal, for general control of broadleaf weeds in lawns.
3. Use Preemerg, Eptam, Dryclomec, or equal for ground cover.
4. Use an approved pre -emergent to control seed germination in specified
areas.
C. Antitranspirant:
1. Use approved antitranspirant for all plant material that is stored and/or
heeled -in on the site.
2. Use approved antitranspirant on all planted trees and shrubs.
D. Root Stimulant. Use approved root stimulant on all newly planted trees, shrubs,
vines and/or ground cover areas.
2.06 PLANT CHARACTERISTICS
A. Provide plants which are true to type and name, and typical of their species or
variety. Plants must have a normal, well -developed branch structure with a
vigorous root system and must be generally sound and healthy. Use plants
which are free from defects, including:
1. Disfiguring knots.
2. Sun scald.
3. Injuries.
4. Bark abrasions.
5. Plant diseases.
6. Insect eggs.
7. Borers.
8. Infestations.
B. Select well -formed plants balanced between height and spread typical of the
species or variety with branches in normal position. Heading back plants to
meet size limits will not be permitted.
C. Unless otherwise specified, all plants will be nursery grown and at least twice
transplanted. Use plants which have been growing under similar climatic
conditions to those of the project for at least 2 years prior to the date of the
contract. Recently stepped -up plants will not be acceptable. All B&B or bare
root plants must be freshly dug heeled -in or cold storage plants will not be
accepted.
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LANDSCAPE AND TREE PLANTING
D. Balled, bare root, and container -grown plants will conform to the definitions
given in American Standards for Nursery Stock.
E No tree will be accepted which has had leaders cut or damaged, or which has a
thin, weak trunk and/or poorly formed tops.
F. Regardless of sample selection, a plant may be rejected at the site by the
Engineer.
2.07 NURSERY STOCK
A. Deciduous Trees. Provide trees which are straight and symmetrical and have a
persistently preferred main leader. The crown must be in good overall
proportion to the entire height of the tree. Where a clump is specified a plant
having a minimum of three stems originating from a common base at the ground
line will be furnish. Measure trees by average caliper of trunk.
1. For trees up to 4 inches in diameter, measure caliper 6 inches above
ground.
2. For trunks larger than 4 inches, measure caliper 12 inches above ground.
B. Evergreen Trees. Form of the top will be typical of the species and not
unnaturally sheared or color -treated. Measure by average caliper. Caliper will
be taken 6 inches above the ground on trees up to 4 inches in diameter and 12
inches above the ground on trees larger than 4 inches.
C. Vines and Ground Cover. Provide plants which are container -grown for
sufficient time to ensure adequate root growth to hold the soil in place and retain
the original shape when removed from the container.
2.08 FIELD -COLLECTED PLANTS
A. Field -collected plants must be grown in favorable locations that ensure fibrous
roots and vigorous growth. Such plants will be selected on site by the
Landscape architect.
B. Provide balls at least 1/3 greater in diameter than those specified for nursery
stock.
C. If dug in dormant season and bare root is acceptable, the spread of roots must be
at least 1/3 greater than the spread of roots for bare root nursery stock.
2.09 SEED
Seasonal Limitations:
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CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
A. Bermuda:
1. Hulled seeds may be planted between October and March.
2. Unhulled seeds may be planted between April and September.
B. Rye: Plant between October and February.
C. Bermuda. Provide common Bermuda seed that is extra -fancy, treated, lawn
type. Deliver in original unopened container showing weight, analysis name of
vendor and germination test results. Wet, moldy, or otherwise damaged seed
will not be accepted.
D. Rye Deliver annual Winter Rye seed in original unopened containers. Seed
must be fresh, clean, and mixed in labeled proportions. As tested, minimum
percentages of impurities and germination must be labeled.
2.10 HYDROMULCH
Provide hydromulch seeding as noted in Section 02921 - Hydromulch Seeding.
2.11 GRASS
A. Obtain certified sod from an approved source.
B. Provide material which is true to type and name, and is typical of the species or
variety.
C. Delivery:
1. Identify and tag sods with correct scientific and common name for each
species.
2. Do not deliver more sods than can be planted within 8 hours.
3. Transport and deliver sods in/on pallets.
4. Protect sods against dehydration, overheating or contamination during
transportation and delivery.
5. Cover unplanted sods with moistened burlap to prevent dehydration or
overheating while awaiting installation.
6. Sods must be harvested within 12 hours of planting and arrive at the
project site in a moist condition.
D. Products:
1. Material to be uniform in color, leaf texture and density.
2. Material to be graded No. 1, or better.
3. Uniform mowed height at time of harvesting material: 1-1/2 inches.
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LANDSCAPE AND TREE PLANTING
4. Inspected and certified free of diseases, nematodes and undesirable
insects by authorized representative of State Department of Agriculture.
E Material will not be acceptable if it contains any quack grass, Johnson grass,
poison ivy, nut grass, thistle, common bent grass, wild garlic, morning glory,
perennial sorrell, or brome grass.
F. Turf will be considered weed free when found to contain less than 1 percent of
dandelion, jimson weed, mustard, chickweed, per 100 square feet.
2.12 TREES
A. Provide container grown trees which are straight and symmetrical and have a
persistently preferred main leader. The crown shall be in good overall
proportion to the entire height of tree with branching configuration as
recommended by ANSI Z60.1 for type and species specified. Where a clump is
specified, a plant having a minimum of three stems originating from a common
base at the ground line shall be furnished. Measure trees by average caliper of
trunk as follows:
1. For trunks up to 4 inches or less in diameter, measure caliper 6 inches
above top of root ball.
2. For trunks more than 4 inches, measure caliper 12 inches above top of
root ball.
3. Caliper measurements shall be by diameter tape measure. Indicated
calipers on plans are minimum. Averaging of plant calibers will not be
allowed.
B. Trees shall conform to following requirements:
C. Healthy, vigorous stock, grown in a recognized nursery.
D. Free of disease, insects, eggs larvae; and free of defects such as knots, sun -
scald, injuries, abrasions, disfigurement, or borers and infestations.
2.13 WATER
Water shall be potable from municipal water supplies.
2.14 SOURCE QUALITY CONTROL
Notify Engineer, prior to installation, of location where trees that have been selected for
planting may be inspected. Plant material will be inspected for compliance with
following requirements.
A. Genus, species, variety, size and quality.
B. Size and condition of balls and root systems, insects, injuries and latent defects.
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2.16 WORK CONDITIONS
A. Site Availability. Begin no landscape work where conflicting site work is
incomplete or as otherwise directed by the Engineer.
B. Weather Restrictions. Stop all work during inclement weather such as drought,
high winds, excessive rain extreme heat, cold, or freeze. Obtain authorization
before resuming work.
2.17 PLANTING PROCEDURES
A. Temporary Nursery. A temporary nursery may be used to store plants, but no
more than 5 days before planting. Keep plants well watered and protected.
1. Immediately upon delivery, heel -in balled and burlapped (B&B) plants
and spray all plants with an antitranspirant. Apply spray from top to
bottom. Thoroughly cover plants, but not to the point of run-off. Spray
block units and not individual plants. Use a low-pressure, fine -mist
applicator. Spray at rates recommended in the manufacturer's directions.
2. Handle all balled and burlapped plants by the ball only
3. Upon delivery, immediately heel -in bare root plants. Open bundles,
separate plants, set roots in trenches, and cover with topsoil. Water
plants with an approved root stimulant containing vitamin B.
4. Handle container plants by the container.
5. Handle ground cover plants in flats. Pack flats tightly together and
sprinkle plants everyday.
6. Special plants so designated must be kept in an approved enclosure or
planted the day of delivery.
7. Store soils and additives on approved platforms.
B. Digging and Handling:
1. The actual planting operation must proceed without delay and in a
manner to avoid undue drying of the in -situ soil or roots because of
exposure to air and sun. Keep an ample supply of sawdust available to
cover the roots of B&B stock arriving from the storage nursery Keep
the roots well covered and moist until the plants can be placed in the
final location and permanently planted.
2. Handle all plant stock with care to prevent injuries to the trunk, branches
and roots.
3. Dig bare root plants when fully dormant. Keep all of the root system
intact; do not prune the root system. However, any roots that are broken,
crushed, or bruised must be cleanly cut back to sound wood. Make the
cut on an angle so that the exposed end faces downward. Seal any cut
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LANDSCAPE AND TREE PLANTING
root exceeding 3/4 inch in diameter with an approved tree wound
dressing.
4. Balled and burlapped plants must have the root system encased in a firm,
solid ball of natural earth, wrapped in burlap and tightly bound. Each
ball must be of sufficient size to encompass all the fibrous feeding roots
and not smaller than required by American Standards for Nursery Stock.
The ball must remain firm and compact throughout the planting
operations.
3.0 EXECUTION
3.01 SITE PREPARATION
A. Schedule work so that planting can proceed rapidly as portions of site become
available. Plant trees after final grades are established and prior to planting of
lawns, unless otherwise approved by Engineer in writing. If planting of trees
occurs after seeding work protect lawn areas and promptly repair damage to
lawns resulting from tree planting operations.
B Layout individual trees at locations shown on Drawings. In case of conflicts,
notify Engineer before proceeding with Work. Trees shall be staked and
approved by Engineer prior to planting.
C. Existing Trees:
1. Protection: Protect tops, trunks and roots of trees to remain on the site.
Before starting work, box, fence or otherwise protect trees subject to
construction damage. Remove boxing when directed. Permit no
stockpiles of heavy equipment within the branch spread of trees.
2. Removal: Remove trees marked for removal. Do not remove any tree
without proper authorization. Stumps within 36 inches of final grade
must also be removed.
3. Pruning and Surgery: Cut and trim trees only as directed; do not cut any
tree without proper authorization. Trim existing trees of dead or
diseased limbs. Cut limbs close to the trunk. Cover cuts over 3/4 inch in
diameter with an approved tree would dressing.
4. Grading Around Trees. As required, fill or grade within the branch
spread of trees to remain, observing the following requirements.
5. For trenching beneath trees, tunnel under the tree roots with careful hand
digging. Where possible, avoid cutting or injuring roots.
6. Do not raise or lower the grade around an existing tree in any way unless
so directed.
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LANDSCAPE AND TREE PLANTING
D. Placing Topsoil:
1. Disk, drag, harrow, or handrake subgrade. Scarify the subgrade to a
depth of 1-1/2 inches. Before placing topsoil, rake the subsoil surface
clear of stones, wood, rubbish and other debris. Place no topsoil until
the subgrade preparation has been approved.
2. Spread, rake, and compact topsoil to form a layer with a minimum depth
of 4 inches in lawn areas and 6 inches in shrub areas. Place topsoil to
conform to finished gradients as shown on the grading plan.
3. Remove spilled topsoil from curbs, gutters, and, paved areas and dispose
of excess topsoil in accordance with requirements of Section 01562 -
Waste Material Disposal.
E In -Situ Soil Preparation Cross -till in two directions all existing soil in
designated areas to be planted, as follows:
1. In lawn areas to a minimum depth of 6 inches.
2. In shrub areas to a minimum depth of 10 inches.
3. Evenly broadcast fertilizers and soil additives and thoroughly work into
soil.
4. Smooth all tilled and amended areas to establish a rough gradient.
F. Deeply irrigate all tilled and amended areas to thoroughly wet soil particles and
promote settlement.
G. After a settlement period of not less than 5 days, and before proceeding with any
planting, smooth and rake as necessary to establish finish gradient as required.
H. In all areas which have been utilized for parking, storage or construction lots
and/or where heavy equipment has been used, cross -rip the entire compacted
areas in two directions to a depth of 10 inches before tilling and amending the
soil as specified. A heavy float or drag harrow should be used to smooth all
surface areas.
I. Verify location of all underground utilities before ripping.
J. Ripping teeth should not be set at more than 10-inch spacing.
K. Fertilizer Evenly broadcast and work fertilizer into soil at the following rates:
1. Lawns: 1-1/2 N pounds per 1000 square feet.
2. Ground Cover, Shrub, and Tree Areas: 1-1/2 N pounds per 1000 square
feet.
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CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
L. Additives:
1. Humus. Evenly broadcast and work into in situ soil at a rate of 1 cubic
yard per 200 square feet.
2. Sharp Sand. Evenly broadcast and work into in situ soil at a rate of 1
cubic yard per 200 square feet.
3. Concrete Gravel. Utilize as a drainage course as shown on construction
drawings.
3.02 PREPARATION OF PLANTING SOIL
A. Before mixing, clean topsoil of roots, plants, sod, stones, clay lumps, and other
extraneous materials harmful or toxic to plant growth.
B. Strip and utilize 4-inch layer of top soil, placed on esplanades under Section
02921 - Hydromulch Seeding, for planting soil mixture.
C. Mix recommended soil amendments with topsoil at following rates:
1. Top soil: 50 percent.
2. Peat moss: 25 percent.
3. Well rotted Bark: 25 percent.
4. Fertilizer: Rate recommended by nursery.
D. Delay mixing of fertilizer if planting will not follow placing of planting soil
within 48 hours, unless otherwise directed.
E Incorporate amendments into the soil as a part of the soil preparation process
prior to fine grading, fertilizing, and planting. Broadcast or spread amendments
evenly at the specified rate over the planting area. Thoroughly incorporate
amendments into the top 3 or 4 inches of soil until amendments are pulverized
and have become a homogeneous layer of topsoil ready for planting
3.03 PLANTING
A. Excavate pits, beds, or trenches with vertical sides and with bottom of
excavation raised a minimum of 6 inches at center for proper drainage. Provide
following minimum widths:
1. 15-gallon containers or larger, 2 feet wider than diameter of root ball.
2. 1- and 5- gallon containers, 6 inches wider than diameter of root ball.
B. When conditions detrimental to plant growth are encountered, such as
unsatisfactory soil, obstructions, or adverse drainage conditions, notify the
Engineer of such conditions before planting.
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CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
C. Deliver trees after preparations for planting have been completed and plant
immediately. If planting is delayed more than 6 hours after deliver, set trees and
shrubs in shade, protect from weather and mechanical damage, and keep roots
moist by covering with mulch, burlap, or other acceptable means of retaining
moisture, and water as needed.
D. Set root ball on undisturbed soil in center of pit or trench and plumb plant
Place plants at such a level that, after settlement, a natural relationship of plant
crown with ground surface will be established.
E When set, place additional backfill around base and sides of ball, and work each
layer to settle backfill and eliminate voids and air pockets. When excavation is
approximately 2/3 full, water thoroughly before placing remainder of backfill.
Repeat watering until no more water is absorbed.
F. Dish top of backfill to allow for mulching. Mulch pits, trenches and planted
areas. Provide not less than 4-inch thickness of mulch, work into top of backfill,
and finish level with adjacent finish grades. Cover entire root ball.
G. Prune, thin out and shape trees in accordance with standard horticultural
practice. Prune trees to retain required height and spread. Unless otherwise
directed in writing, do not cut tree leaders, and remove only injured and dead
branches from flowering trees. Remove and replace excessively pruned or
misformed stock resulting from improper pruning.
H. Inspect tree trunks for injury, improper pruning and insect infestation and take
corrective measures.
I. Guy and stake trees immediately after planting.
J. Control dust caused by planting operations. Dampen surfaces as required.
Comply with pollution control regulations of governing authorities.
3.04 PLANTING GRASS
A. Preparation. Prepare imported topsoil and/or in situ soil. Hand rake to remove
all sticks, stones and clods larger than 1 inch. Apply the final grade but do not
mechanically compact the soil.
B. Seed:
1. Evenly broadcast seed specified in 2.09 at the following rates:
a. Bermuda: 1 pound per 1000 square feet
b Rye: 6 pounds per 1,000 square feet
2. Roll the entire seeded area in two directions with a dry/weighted roller.
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LANDSCAPE AND TREE PLANTING
3. Evenly top dress the entire seeded area with an approved sterilized
commercial steer manure. Apply at 2 cubic feet per 100 square feet.
4 Lightly but thoroughly sprinkle the entire seeded area with water after
top dress application.
C. Sod:
1. Use Bermuda, Buffalo, or St. Augustine sod in accordance with 2.11A.
2. Prepare soil in accordance with 3.03.
3. Apply eptam (or approved equal) to all areas to be sodded. Follow
manufacturer's recommended rates and apply during soil preparation
period.
4 Lay sod in a running bond pattern. Pieces should be consistently cut
with joints tightly butted together. Water the in -place sod liberally and
roll it in two direction with a heavy roller. Areas not level due to
fluctuations in the sod depth should be covered and leveled with a 50/50
mix of sharp sand and topsoil. Fertilize in 6 weeks as directed by
landscape Architect.
3.05 FIELD QUALITY CONTROL
A. The Engineer may reject unsatisfactory or defective material at anytime during
progress of Work. Contractor shall remove rejected trees immediately from site
and replace with specified materials. Plant material not installed in accordance
with these Specifications will be rejected.
B. An inspection to determine final acceptance will be conducted by the Engineer
at the end of the 12 month maintenance period. Additional Inspections will be
conducted for extended warranty periods provided for in paragraph 1.07B.
3.06 CLEANING AND MAINTENANCE
A. Contractor shall maintain trees during planting operations and for a period of 12
months after completion of planting.
B. Water trees to full depth a minimum of once each week, or as required to
maintain a healthy vigorous growth.
C. Prune, cultivate, and weed as required for healthy growth. Restore planting
saucers. Tighten and repair stake and guy supports, and reset trees and shrubs to
proper grades or vertical position as required Restore or replace damaged
wrappings. Spray as required to keep trees and shrubs free of insects and
disease.
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CITY OF PEARLAND
LANDSCAPE AND TREE PLANTING
3.07 PROTECTION
A. During planting work, keep pavements clean and work area in an orderly
condition.
B. Protect planting work and materials from damage due to planting operations
Maintain protection during installation and maintenance period. Treat, repair, or
replace damaged planting work as directed by the Engineer.
C. Dispose of excess soil and waste in accordance with requirements of Section
01562 - Waste Material Disposal. On -site burning of combustible cleared
materials will not be permitted.
END OF SECTION
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INTERLOCKING FLEXIBLE REVETMENT
CITY OF PEARLAND SYSTEM FOR SLOPE STABILIZATION
Section 03315
INTERLOCKING FLEXIBLE REVETMENT SYSTEM FOR SLOPE STABILIZATION
1.0 GENERAL
1.01 WORK INCLUDED
A This item consists of furnishing and installing an interlocking flexible revetment system
(cellular concrete blocks) in accordance with the lures, grades, design and dimensions
shown on the plans and drawings and specified herein.
1.02 REFERENCES
A The publications listed below form a part of this specification to the extent referenced.
The publications are referred to in the text by basic designations only.
ASTM C 33-92 Concrete Aggregates
ASTM C 140-91 Sampling and Testing Concrete Masonry Units
ASTM D 4268-93 Testing Fiber Ropes
FHWA RD-89-199 Hydraulic Stability of Articulated Concrete Block
Revetment Systems During Overtopping Flow.
1.03 DELIVERY, STORAGE AND HANDLING OF MATERIALS
A Materials delivered to the site shall be inspected for damage, unloaded and stored with
the minimum of handling. Materials shall not be stored directly on the ground and shall
be kept free of dirt and debris.
B Materials shall be so handled as to ensure delivery to the site in sound undamaged
condition. Synthetic geotextiles that are not to be installed immediately shall be
protected from the direct sunlight and in accordance with the manufacturer=s
recommendations.
1.04 MEASUREMENT AND PAYMENT
A There will be no separate payment for interlocking flexible revetment system for slope
stabilization. Include payment in unit price for storm sewer outfall structures.
2.0 PRODUCTS
2.01 DESIGN CRITERIA
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INTERLOCKING FLEXIBLE REVETMENT
CITY OF PEARLAND SYSTEM FOR SLOPE STABILIZATION
A The interlocking flexible revetment system shall be as described herein known as
Channel Lock, or an approved equal design by the Engineer. Hydraulic test data and
block performance according to FHWA-RD-89-199 will be required to be submitted for
approval by the Contractor. The concrete blocks shall be a minimum of 32 lbs. PSF (per
square foot) or 45 lbs PSF (see plan drawings) and shall withstand water flow velocities
of 14 feet per second and shear stress values of 8 1 lbs. PSF.
2.02 CELLULAR CONCRETE BLOCKS
A The cellular concrete blocks shall be octagonal shaped with interlocking components
four directional Each component shall resist horizontal movement when interlocking
into adjacent blocks (Interlocking is hereby defined as the inability to pull apart or
separate when one component is placed in conjunction with another component) Any
block system which does not meet the interlock criteria must utilize polyester revetment
cables both longitudinally and laterally to secure the block revetment system together
The assembled blocks shall be the open -cell type and have a void space of approximately
18 to 23% to allow for re -vegetation.
2.03 CONCRETE MATERIALS
A The compressive strength of the concrete shall be a minimum of 4000 PSI at 28 days.
The core compressive strength shall not be less than the minimum and test cores shall be
tested at the engineers option. Test procedures shall be in accordance with ASTM C
140-91. Cores failing to meet the minimum compressive strength requirements shall be
cause for rejection of the represented lot by the engineer.
2.04 AGGREGATE
A The aggregate shall meet the requirements of ASTM C 33-92, except for grading.
Aggregate grading shall be reasonable consistent and shall be well -graded from the
maximum size which can be conveniently handled with available equipment.
2.05 GEOTEXTILE FILTER FABRIC
A The geotextile filter fabric used for cellular concrete blocks shall be Mirafi 170N or
equal.
3.0 EXECUTION
3.01 FOUNDATION PREPARATION
A Do not place blocks on soft, loose, or muddy subgrade or on subgrade containing loose,
uncompacted materials or standing water.
B Areas on which filter fabric and cellular concrete blocks are to be placed shall be
constructed to the lines and grades shown. The subgrade for the cellular concrete blocks
shall be free of voids, pits and depressions, Voids pits and depressions shall be brought
to grade by backfilling in accordance with the Section 02221 - Embankment.
04/2002 03315-2
INTERLOCKING FLEXIBLE REVETMENT
CITY OF PEARLAND SYSTEM FOR SLOPE STABILIZATION
Obstructions, such as roots and projecting stones larger than 1 inch remaining on the
surface, shall be removed and the soft or low density pockets of material removed shall
be filled with selected material and compacted to plus or minus 95% proctor density.
C Excavation and preparation for anchor trenches, side trenches, toe trenches and aprons
shall be done in accordance to the lines, grades and dimensions shown on the plans.
3.02 INSTALLATION OF CELLULAR CONCRETE BLOCKS
A Placement of filter fabric shall be installed in accordance with the manufacturers
recommendations and requirements.
B Cellular concrete blocks shall be placed within the limits shown. The blocks shall be
interlocked in a manner which discourages any vertical displacement or horizontal
movement. The cellular concrete blocks shall be placed on the filter fabric in such a
manner as to produce a level surface. No more than 200 lineal feet of filter fabric shall be
laid before covered with concrete blocks. Fabric installed more than two (2) days not
covered by blocks shall be lifted and the surface of the slope inspected for slope defects
The Contractor will lift uncovered fabric after heavy rainfall to inspect for slope damage.
The manufacture of the cellular concrete blocks shall be available during block
placement to assist the Contractor. The Contractor shall furnish a certificate from the
manufacturer or an authorized representative thereof stating that the blocks were
installed correctly. Final acceptance and approval of the installation will be made by the
Engineer.
3.03 QUALITY CONTROL
A Equipment shall not be allowed on the installed concrete blocks until topsoil is placed
over the revetments system to refrain from breaking or damaging any blocks.
3.04 FINISHING
A The voids of the cellular concrete blocks for the limits shown shall be filled with topsoil,
seed and fertilizer in accordance with Section 02932 - Hydromulch Seeding. At no time
shall more than 500 lineal feet of blocks be exposed unturfed. Prior to turf placement, the
blocks surface shall be inspected for damage. Individual blocks which are cracked shall
be replaced prior to the placement of turf.
END OF SECTION
04/2002 03315-3