The URL can be used to link to this page

R-2013-141-2013-09-09RESOLUTION NO. R2013-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE CONSTRUCTION OF IRRIGATION IMPROVEMENTS ON MCHARD ROAD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City recently opened bids for the construction of irrigation improvements on McHard Road, and such bids were reviewed and tabulated. Section 2. That the City Council hereby awards a bid the Hydrozone Landscape Corporation, in the amount of $90,615.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the construction of irrigation improvements on McHard Road. PASSED, APPROVED and ADOPTED this the 9th day of September, A.D., 2013. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Resolution No. R2013-141 Exhibit "A" Bid # 0613-56 - Irrigation Improvement on McHard Road Specification Responses H drozone Landsca a Cor oration Gulf Coast Landsca e Services Inc. (Line Description UOM QTY Unit Extended Unit Extended 1 Mobilization: Not to exceed 3% of total bid amount LS 1 $2,640.00 $2,640.00 $3,400.00 McHard Road Irrigation: Supply and Installation of the McHard Road Irrigation System per plans and specifications 2 for the Lump sum price of LS 1 $87,975.00 $87,975.00 $111,600.00 $3,400.00 $111,600.00 Total $90,615.00 $115,000.00 Project Manual for: Irrigation Improvements on McHard Road McHard Road Median Resolution No. R2013-141 Exhibit "A" Bid No.: 0613-56 June 2013 Prepared By: City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Phone: 281-652-1732 Fax: 281-652-1706 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between [Contractor's Company Name] (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as Irrigation Improvements on McHard Road (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700 - B1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the 7 day of r CONTRACTOR: C Signature Print Name: t a'N-77 (4:E( - Title: ' P(LFS toc+F+ [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the 7 day of FOS 20 RI by 14 124,20 e j4c ►osc, , 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: c r President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700 - B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXA.§ § COUNTY OF 14 lo-¢.euS § BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am (are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we) have read the facts and statements as therein set out and the representations as made therein, and I (we) state that the above and foregoing are true and correct. CONTRACTOR - Affiant SWORN TO AND SUBSCRIBED TO before me, the -7 day of 2011. - � Votary Public, State of Texas ��Y �4 JUAN HERNANDEZ 9jrp. `s Notary Public. State of Texas ;. ! My Commission Expires 3�ribi•4 September 06, 2015 �My Colnxnissio t Expires: Mrrn"`� [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700 - B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF 44- Pee --04 s BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By -Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the 7 day ofd 20]. AV� JUAN HERNANDEZ 'u,,'' �': Notary Public, State of Texas 45 My Commission Expires '4, .... September 06, 2015 07/2006 Public, State of Texas Commission Expires: 7---/4// 00700 - B4 Project Manual (7., for:` Irrigation Improvements on McHard Road McHard Road Median } , Resolution No. R2013-141 ' .'C.': Exhibit "A" ;lel' ' r—J { /'o A y �p x 04 14. 00 --- .r,F-I T' E A y x - Bid No. : 0613-56 June 2013 Prepared By: City of Pearland , rsbN 3519 Liberty Drive Pearland, Texas 77581 Phone: 281-652-1732 Fax: 281-652-1706 Project Manual for: Irrigation Improvements on McHard Road McHard Road Median COP Project No. : BC4002 Bid No. : 0613-56 June 2013 Prepared By: City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Phone: 281-652-1732 Fax: 281-652-1706 CITY OF PEARLAND BRAZORIA COUNTY,TEXAS ris* TABLE OF CONTENTS SECTION TITLE DIVISION 0—BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 00200 Instructions to Bidders 00300 Bid Proposal 00500 Standard Form of Agreement 00610 Performance Bond 00611 Payment Bond 00612 One-Year Maintenance Bond 00615 Partial Waiver of Lien 00700 General Conditions of Agreement 00800 Special Conditions of Agreement 00811 Wage Scale for Engineering Construction DIVISION 1—GENERAL REQUIREMENTS 01100 Summary of Work (.11.b\ 01140 Contractor's Use of Premises 01200 Measurement and Payment Procedures 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01430 Contractor's Quality Control 01440 Observation Services 01500 Temporary Facilities and Controls 01505 Mobilization 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01562 Waste Material Disposal 01563 Tree and Plant Protection 01565 TPDES Requirements 01566 Source Controls for Erosion and Sedimentation 01600 Material and Equipment 01630 Product Options and Substitutions 01750 Starting Systems 01760 Project Record Documents 01770. Contract Closeout DIVISION 2—SITE WORK 02200 Site Preparation 02318 Excavation and Backfill for Utilities 02511 Water Meters 00010- 1of2 CITY OF PEARLAND TABLE OF CONTENTS 02520 Valve Boxes, Meter Boxes, and Meter Vaults 02811 Planting Irrigation 02910 Topsoil 02921 Hydromulch Seeding 02922 Sodding 02931 Landscape and Tree Planting END OF SECTION *A11 City of Pearland standard specifications are applicable to the work. Selected specification sections only are provided here for Bidder's convenience. Bidder is responsible for satisfying all applicable requirements in the performance of the work whether those specifications sections are included with the bid documents or not. All City standard specifications are available on City website and are made a part of this project whether included herein or on the website. 00010-2of2 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND,TEXAS Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: www.cityofpearland.org/bids. All interested Bidders are required to register as a "supplier" on the City's E-bid System at the above web address and clicking on "Supplier Registration". Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date. However, submission of an E-bid requires completing a short registration questionnaire found on this web site. For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebids@ci.pearland.tx.us. All Bids submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Bids, shall be submitted on the form provided in the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 2:00 p.m., Thursday, August, 1 2013. All Bids shall reference the following project information in the (011'`. appropriate locations in provided electronic format. All properly submitted bids shall be publicly "opened" and read aloud into the public record following the closing of the acceptance period for the construction of: Irrigation Improvements on McHard Road City of Pearland,Texas COP PN: BC4002 • BID NO.: 0613-56 A mandatory pre-bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive,Pearland,Texas 77581 at 10:00 a.m. on July,25, 2013. The project will entail the : Furnishing and installing a complete automatic irrigation system. Trenching and backfill. Furnishing and installing booster pump. Furnishing and installing electrical equipment and wiring to power booster pump. Inspecting and certifying backflow prevention devices per City and State standards. Furnishing and installing 2-way communication wiring, decoders and connections for remote control valves. Connecting to existing water meters. Connecting to existing controller. Inspections and tests. lam'` Any required erosion control/Storm Water Pollution Prevention Plan 10-2012 00100- 1 of 3 CITY OFPEARLAND INVITATION TO BID C Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to, all transmittals and material submittals, RFI's, RFC's, Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer. This system has certain hardware, internet access and operation requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200. Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: www.cityofpearland.org/bids upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. City of Pearland, City Hall (281) 652-1600 Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 Amtek Plan Room (713) 956-0100 4001 Sherwood Houston,TX 77092 (11116\ The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 350 Houston,TX 77057 Virtual Builders Exchange (832) 613-0201 7035 W. Tidwell Building J, Suite 112 Houston, TX 77092 McGrawHill Construction—Dodge Reports 1-800-393-6343 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES. Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must 10-2012 00100-2 of 3 CITY OF PEARLAND INVITATION TO BID (1^ accompany each proposal. Bidders submitting bids electronically through the E-bid System shall scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland,Texas 77581. The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of"Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color,religion, sex, or national origin. Selection Criteria: If the Contract is to be awarded on the basis of Lowest Responsible Bidder the City will consider: 1) lowest total bid price for all work listed and specifically requested, including but not limited to, Base Bid,Extra Work or Alternates. (ow If the Contract is to be awarded on the basis of provision of the "Best Value", the City of Pearland may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidders, including Financial Statements of Bidders, identified in the Instructions to Bidders; and 9) any other relevant criteria specifically listed in the Bidding Documents. The City of Pearland reserves the right to reject any or all bids. A bid that has been "opened" may not be changed for the purposes of correcting an error in the bid price. Young Lorfmg,TRMS City Secretary, City of Pearland First Publication date 7/17/2013 Second Publication date 7/24/2013 ra'\ 10-2012 00100-3 of 3 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term"the City". Both terms are synonymous and refer to the City. 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). 1.3 The term"E-bid System"refers to the City's electronic-bidding system. This is a web- based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids in response to advertisement and invitation. The term "e-bid" and/ or"electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Owner by way of the E-bid System. The terms "electronic bid" or"e-bid" are used inter-changeably to describe the above bid process to submit an authorized bid to the City in response to an Invitation to Bidders. (//."`' 1.4 The term "Pro-Trak" means the City's web-based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Bidder at the pre-Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at www.cityofpearland.ora/bids. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. Potential Bidders MUST REGISTER as a "Supplier" by clicking on the Supplier Registration button and completing the registration form. Registrants must provide data for all categories marked with a"*" and must select the following project bid categories: Building Construction Services,New(includes Maintenance and Repair) rbs1 Construction Services, General" 10-2012 00200-1 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Construction Services,Heavy " Construction Services,Trade (new construction) Select the appropriate Time Zone for the Bidder's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, "suppliers" will receive emails notifying of bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to: eb idsaci.pearland.tx.us. 3. Copies of Bidding Documents 3.1 Complete sets of "electronic" Bidding Documents are available for download to registered Bidders at No Cost from the City's E-bid System at: www.cityofpearland.org/bids. Interested Bidders must register as a "Supplier" on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications (Bib\ from the Owner or Engineer. All Bid Documents are available to download and print. - -3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Bid Documents automatically ensures,receipt of any and all subsequent communications from the City or its Engineer. 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub-bidders bidding to a Bidder, register as a Supplier and download the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents including, but not limited to all Addenda issued prior to bid. 3.4 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 4. Qualifications of Bidders 4.1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2) days of Owner's request any or all of such Qualifications requested: Climb\ 10-2012 00200-2 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS ("1 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; 2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3)A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder. 5. Examination of Contract Documents and Site 5.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f) to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project. 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 5.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may 10-2012 00200-3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the.Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Interpretations and Addenda 6.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Bidders in the City's E-bid System. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's E-bid System. 7. Bid Security 7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond("Bid Security"). 7.2 Bidders submitting bids through the E-bid System shall scan and up-load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check ) as an attachment to ,41^ their electronic bid. Original documents for Bid Security shall be requested by the City 10-2012 00200-4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours_ of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement, and furnished,the required Performance and Payment Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security. The Bid Security of other Bidders will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Bidders will be returned. 8. Contract Time 8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time"). All references to"time" or"days"shall be interpreted as consecutive calendar days. 9. Liquidated Damages and Early Completion Bonus 9.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. (1514\, 10 Substitute or"Or-Equal" Items 10.1 The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or-equal"references shall be interpreted to mean "or approved equal". The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 11. Bid Form 11.1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any. Incomplete Bid Proposals may be cause for rejection. 11.2 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) 10-2012 00200-5 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Cilb\ and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.3 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 11.6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 12. Submission of Bid Proposals 12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City's E-bid System electronic bidding software. All Bidders utilizing this system MUST register as a potential supplier, (Bidder). E-Bids are submitted directly via the City's Web based system located at www.citvofpearland.org/bids. Bid Proposals submitted after the bid date and time will be rejected. 13. Modification and Withdrawal of Bid Proposals 13.1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without prejudice. 13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly executed(in the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 13.3 A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. 13.4 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or, at the discretion of the Owner, Owner may make a claim against the bid security. Thereafter, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. . 10-2012 00200-6 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS n 14. Opening of Bid Proposals 14.1 Bid Proposals will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 15. Bid Proposals to Remain Subject to Acceptance 15.1 All Bid Proposals will remain subject to acceptance for sixty(60) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 16. Award of Contract 16.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner may reject a bid as non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete (116'\, all information required by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or --improperly signs the-Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal; 6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. Contracts are awarded on the basis of one of the following criteria: A)provision of the"Best Value"or B) Lowest Responsible Bidder 16.2 Best Value. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. A contract to be awarded to the Bidder offering the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. 16.3 Lowest Responsible Bidder. In determining Lowest Responsible Bidder, Owner will consider: Lowest Total Bid price for all work including Base Bid, Extra Work and Alternates, if any, and any other cost criteria. Additional evaluation criteria may include: the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid (111b\' Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of 10-2012 00200-7 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS C"\ Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre-bid meeting. 16.4 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and fmancial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 17. Contract Security 17.1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 18. Signing of Agreement ' 18.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement.between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 19. Pre-bid Conference 19.1 A pre-bid conference will be held as indicated in the Invitation to Bid. Attendance at the pre-bid conference is MANDATORY to fulfill the prerequisite requirements for Bidders bidding directly to the Owner. 20. Retainage 20.1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 10-2012 00200-8 of 8 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Part A Date: Bid of S , an individual proprietorship/a corporatio rganized and existing under the laws of the State of Texas/a partnership consisting of , for the construction of: Irrigation Improvements on McHard Road City of Pearland,Texas COP PN: BC4002 BID NO.: 0613-56 (Submitted in Electronic format) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation -to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes to perform all the work and furnish all necessary superintendence, labor, (11.6.\, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Irrigation Improvements on McHard Road, within the McHard Road Median with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared bythe Salvador Bustos,Huitt-Zollars, INC. 1717 McKinney Avenue Suite 1400 Dallas, Texas 75202 Phone 214.871.3311 ext. 10096, for the unit prices or applicable prices set forth in Exhibit "A", the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included and has been uploaded as an attachment within the E-bid system and, that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, 2nd Floor, City Hall, 3519 Liberty Drive,Pearland, Texas 77581. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within Bidder's Initial's: 10-2012 00300- 1 of 2 CITY OF PEARLAND BID PROPOSAL the time stated and for the prices stated in Part B of this proposal along with all required insurance in the required amounts. The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within Thirty(30) days after the date of the Notice to Proceed. Time for Substantial Completion shall begin on the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500- Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Name: J44t Oz0i4E Lac-iosc e- CoRfor io- By: Title: PR'ES R2wr • Address: m7 So 5 D'EL'e^"-' sT t A'-trnwH 7C Z1 i/ Phone No: 240- ¢2I- 849-8 ATTEST: 1]Qn re/ -��n�� (Seal,if Bidder is a Corporation) (Typed or Printed Name) Signature Date: Bidder's Initial's: 10-2012 00300-2 of 2 Resolution No. 2013-141 Exhibit "A" City of Pearland Texas (Projects Department) ' Supplier Response Bid Information Contact Information Ship to Information Bid Creator Patty Patke Program Address 3519 Liberty Drive Address 3519 Liberty Drive Specialist Suite 201 Email ppatke@ci.pearland.tx.us Pearland,TX 77581 Pearland,TX 77581 Phone (281)652-1756 Contact Patty Patke Contact Fax (281)652-1706 Projects Department Department Bid Number 0613-56 Addendum 1 Building City Hall Building City Hall Title Irrigation Improvements on 2nd Floor McHard Road Floor/Room Floor/Room Bid Type Invitation to Bid Telephone (281)652-1756 Telephone 281 (652) 1738 Issue Date 07/17/2013 Fax (281)652-1706 Fax Close Date 8/1/2013 2:00:00 PM CT Email Email ebids@ci.pearland.tx.us Need by Date ppatke@ci.pearland.tx.us Supplier Information Company Hydrozone Landscape Corporation Address 7805 Delynn St Baytown, TX 77521 Contact Department Building Floor/Room Telephone 1 (281)421 8428 Fax 1 (281)421 8428 Email juan@hydrozonelandscape.com Submitted 7/30/2013 2:18:50 PM CT Total $90,615.00 Signature Supplier Notes Pump for this project will require a 3-4 week delivery time. Bid Notes Furnishing and installing a complete automatic irrigation system. Trenching and backfill. Furnishing and installing booster pump. Furnishing and installing electrical equipment and wiring to power booster pump. Inspecting and certifying backflow prevention devices per City and State standards. Furnishing and installing 2-way communication wiring,decoders and connections for remote control valves. Connecting to existing water meters. Connecting to existing controller. Inspections and tests. Any required erosion control/Storm Water Pollution Prevention Plan Bid Activities 0613-56 Addendum 1 -Page 1 of 3 Date Name Description 7/25/2013 10:00:00 AM Mandatory Pre-Bid Conference A mandatory pre-bid conference will be held at the City of Pearland City Hall at 3519 • Liberty Drive,Pearland,Texas 77581 at 10:00 a.m.on July,25,2013. Bid Messages • Please review the following and respond where necessary # Name Note Response 1 Response Attachment Bidder understands and has completed the following:The Submitted Bid Proposal and Bid Security required under the Instructions to Bidders has been uploaded as an attachment within the E-bid system and,a fully executed, signed and sealed hard copy of the Bid Bond will be delivered upon request to the Office of City Purchasing, Finance Department, 2nd Floor,City Hall,3519 Liberty Drive,Pearland,Texas, 77581. 2 Non-collusion Statement Bidder has submitted a completed and signed copy of the Submitted Non-Collusion Statement 3' General Conditions Bidder has read and agrees to the General Conditions set Agrees forth by the City of Pearland. 4 Specification Acknowledgement _ Bidder has reviewed specifications and agrees that their Agrees bid adheres fully. 5 Local Bidder Bidder claims Pearland local bidder preference,pursuant Not Local Bidder to provisions of Local Bidder Preference claim form and Texas Local Government Code,Chapter 271.9051 C- 0613-56 Addendum 1 - Page 2 of 3 Line Items # Qty UOM Description Response 1 1 LS Mobilization: Not to exceed 3%of total bid amount $2,640.00 Item Notes: Supplier Notes: 2 1 LS McHard Road Irrigation:Supply and Installation of the McHard Road Irrigation System per $87,975.00 plans and specifications for the Lump sum price of Item Notes: Supplier Notes: Response Total: $90,615.00, 0613-56 Addendum 1 -Page of 3 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT T S AGREEMENT is by and betwe,gn City of Pearland (hereinafter called OWNER or City) and et/PJ►-je-• Lineecaeg (.O'77o(41/6001 (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally described as follows: Irrigation Improvements on McHard Road McHard Road Median City of Pearland,Texas COP PN: BC4002 BID NO.: 0613-56 Article 2. ENGINEER The Work has been designed by Huitt-Zollars, INC. Salvador Bustos, 1717 McKinney Avenue Suite 1400 Dallas, Texas 75202 Phone 214.871.3311 ext. 10096 who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within Thirty (30) 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 Forty-Five (45) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one-hundred dollars $100 for each day that expires after the time specified in paragraph 3.1 for 10-2012 00500-1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER one-hundred dollars $100 for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. - Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds (the "Contract Price"). The Contract Price includes the Total Bid II90,(Q/S. 00 as shown in Document 00300—Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment"of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no (1111 fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable 10-2012 00500-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under"Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing.of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests,reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or (1.11'4\ indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of 10-2012 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement(Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement(Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 4 inclusive with attachments with each sheet bearing the following general title: Irrigation Improvements on McHard Road 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. 10-2012 00500-4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS • 9.1 Terms used in this Agreement which are defined in Section 1, "Defmitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. (111111'\ 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such 10-2012 00500-5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Cub\ provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER(through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery,misappropriation of funds, receiving payment for services not performed or for hours not worked,mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting (1/1'\, reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 10-2012 00500-6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: September 23, ,2013. OWNER: CONTRACTOR: CITY OF PE C°vl ' - By: - By: Title: City Manager Title: .7T>rLFstae, Date: September 23, 2013 Date: 9—/0-13 (Corporate Seal) (111.h\' ATTEST ATTEST Y ng fing, C i y cretary Address for giving notices ,.Q;g,q j ,, `7 Bo S .... . , gy-to r,ru CSC. 77 S.t/ ittk -so,... ;toy Phone: OW- 421- 842-8 Fax: ?51- 42/- 89z,c3 Agent for service of process: 1-1 671J z END OF SECTION 10-2012 00500-7 of 7 Bond #71459145 CITY OF PEARLAND PERFORMANCE BOND Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS:That Hydrozone Landscape Corporation- of the City of Baytown , County of Harris , and State of Texas, as principal, and Western Surety Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ 90,615 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 30 day of September , 2013 3 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Irrigation Improvements on McHard Road McHard Road Median City of Pearland,Texas COP PN: BC4002 BID NO.: 0613-56 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610- 1 of 2 Bond# 71459145 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20 day of September , 20 13 • Principal: Surety: �UAN I4ER44-'-� �ORPORAl Pe S. Striegel /,� Q.. • By: By: a �( ,ie�$;�.e, � �I Title: ?Res try Wit' Title: Manager, Agency Operations Attorney-In-Fact Address: Address: #1_Horticultural Lane "7805 PE-b-i.ri P.O. Box 428 •l4-ertAi-w ----A -7-7st.4 Edwardsville, IL 62025 Telephone: Z81- 424 84ZR Telephone: 800-851-7740 Fax: ZSI- 4zr- $4-8 Fax: 618-655-2513 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610-2 of2 Bond# 71459145 CITY OF PEARLAND PAYMENT BOND Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Hvdrozone Landscape Corporation of the City of Baytown , County of Harris , and State of Texas, as principal, and Western Surety Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ 90,615 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 30 day of September , 2013 ., (the "Contract") to commence and complete the construction of certain improvements described as follows: Irrigation Improvements on McHard Road McHard Road Median City of Pearland,Texas COP PN: BC4002 BID NO.: 0613-56 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of 2 Bond# 71459145 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20 day of September , 2013• Principal: Surety: , URepy�o� ,J �J A- ,. , Peggy S. Striegel ,� �ORPURA Rffal97::),7 By: By: Perin)Aa,C,c.e>S`�' r'oUFt_ . Title: (- S I 4-FT Title: Manager, Agency Operations Attorney-In-Fact Address: Address: #1 Horticultural Lane -7 C05 13 - P. 0. Box 428 .gA-INTOiu0-+ 775z-J Edwardsville, IL 62025 Telephone: - 8428 Telephone: 800-851-7740 Fax: -21- 4L/- 8424 Fax: 618-655-2513 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00611 -2 of 2 c^ Western Surety POWER OF ATTORNEY- CERTIFIED COPY Bond No. 71459145 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint PEGGY S STRIEGEL its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute, acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Hydrozone Landscape Corporation Obligee: City of Pearland Amount: $500, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of March 1 2014 ,but until such time shall be irrevocable and in full force and effect. In Witness Whereof,Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its corporatese 4¢,J affixed this 18th day of September , 2013 . WEST . R ►, SURE COMPANY 72, Paul T. ruflat,Vice President ST . Q10?? Ii, 9TA ss COUI\fi'INKKIRMIAIIA On this 18th day of September ,in the year 2013 ,before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said co o at'on. +4tibb��yh4�ah64A4%%%%%% + S. PETRIK NOTARY PUBLIC + r otary Public-South Dakota SOUTH DAKOiA $ +%%%%%%4hy4titibtiA%%%%%%4ti+ My Commission Expires August 11,2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 18th day of September 2013 . WEST ` R ►+ SURE COMPANY Paul T. uflat,Vice President Form F5306-8-2012 Figure: 28 TAC §1.601(a)(3) 1 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Western Surety Company, Puede comunicarse con Western Surety Company, Surety Bonding Company of America or Universal Surety Bonding Company of America o Universal Surety of America at 605-336-0850. Surety of America al 605-336-0850. 3 You may call Western Surety Company's, Surety Usted puede Ilamar al numero de telefono gratis de Bonding Company of America's or Universal Surety Western Surety Company's, Surety Bonding of America's toll-free telephone number for Company of America's o Universal Surety of information or to make a complaint at: America's para informacion o para someter una queja al: 1-800-331-6053 1-800-331-6053 4 You may also write to Western Surety Company, Usted tambien puede escribir a Western Surety Surety Bonding Company of America or Universal Company, Surety Bonding Company of America o Surety of America at: Universal Surety of America: P.O. Box 5077 P.O. Box 5077 Sioux Falls, SD 57117-5077 Sioux Falls, SD 57117-5077 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at: de companias, coberturas, derechos o quejas al: 4.1 1-800-252-3439 1-800-252-3439 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 475-1771 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-Mail: ConsumerProtection@tdi.state.tx.us E-Mail: ConsumerProtection@tdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Western Western Surety Company, Surety Bonding Surety Company, Surety Bonding Company of Company of America or Universal Surety of America o Universal Surety of America primero. Si America first. If the dispute is not resolved, you no se resuelve la disputa, puede entonces may contact the Texas Department of Insurance. comunicarse con el departamento (TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. Form F8365 CITY OF PEARLAND PARTIAL WAIVER OF LIEN \ Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of$ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through In consideration of the payment herewith made,the undersigned does fully and fmally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. Signature Printed Name&Title Company Name State of County of Subscribed and sworn to,before me, this day of ,20 My Commission Expires: Notary Public 5-12-12 A� CERTIFICATE OF LIABILITY INSURANCE DATE 09/26/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ,; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-851-7740 CONTACT Janice Masters NAME: Florists' Mutual Insurance Company/Hortica, PHONE FAX Florists' Insurance Services Inc IAIC.No.Extl: 800-851-7740, ext 1968 (A/C,No): 877-819-9256 P 0 Box 428 E-MAIL ADDRESS: jmasters@hortica.com 1 Horticultural Lane Edwardsville, IL 62025 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURERA: FLORISTS MUT INS CO 13978 INSURED INSURER B: Hydrozone Landscape Corporation INSURER C: 7805 Delynn Drive INSURERD: Baytown, TX 77521 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 35950695 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER IMMIDD/YYYY) (MMIDD/YYYY) A GENERAL LIABILITY BP12629 06/07/13 06/07/14 EACH OCCURRENCE g 1,000,000 X DAMAGE TO RENTED 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 1 POLICY n JECT LOC $ \® A AUTOMOBILE LIABILITY FMA008696 06/07/13 06/07/14 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS 8 AUTOS (Per accident) $ A X UMBRELLA!JAB X OCCUR EX10262 06/07/13 06/07/14 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION WCN31394 06/07/12 06/07/14 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY STATU- TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) City of Pearland is named as their interests appear on the attached L2031 07 12, WCN 420304A, FM03 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Pearland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3519 Liberty Drive AUTHORIZED REPRESENTATIVE(67N. ^�(,W Pearland, TX 77581 11' �� ' USA VVV ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD janicemasters 35950695 POLICY NUMBER:BP12629 IL FM 03 01 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION FOR DESIGNATED PERSON(S) OR ORGANIZATION(S) SPECIAL FORM This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE OF PERSON(S) OR ORGANIZATION(S) Name and Mailing Address: Number of Days' Notice City of Pearland Prior to Effective Date of 3519 Liberty Drive Cancellation: Pearland TX 77581 30 7:2 Should this policy be cancelled, as a courtesy to you notice. In no event will notice of cancellation be less we agree to send by first-class mail a copy of your than the minimum number of days required by the ju- written notice of cancellation to the mailing address of risdiction to which this endorsement applies. the person(s) or organization(s) listed in the Schedule Our obligation to send notice to the person or organi- above. These scheduled entities requested such no- zation listed in the Schedule above will terminate at tice and their names and addresses were provided to the earlier of the current policy period expiration or us by you, your additional insured or your agent. when you no longer have a legal or contractual oblige- Cancellation notices for any statutorily permitted rea- tion to such person or organization to maintain insur- son other than non-payment of premium will be mailed ance coverage under a policy which requires that such the number of days shown in the Schedule above. person or organization be notified in the event of can- Cancellation notices for non-payment of premium will cellation. be mailed at least ten days prior to the effective date All other terms and conditions of this policy remain un- of cancellation. changed. If notice is mailed, proof of mailing to the address shown in the Schedule above will be sufficient proof of IL FM 03 01 12 Florists'Mutual Insurance Company- Edwardsville, Illinois Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: BP12629 COMMERCIAL GENERAL LIABILITY L 20 31 07 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BLANKET ADDITIONAL INSURED - WHEN REQUIRED BY WRITTEN CONTRACT ONGOING&COMPLETED OPERATIONS-BLANKET WAIVER OF SUBROGATION-PRIMARY&NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE(optional -see Paragraph A.) Name Of Person(s)Or Organization(s) Location(s)And Description of Covered Operations as required by"written contract": per the"written contract": A. ADDITIONAL INSURED-CONTRACTORS 1. ONGOING OPERATIONS: SECTION II—WHO IS AN INSURED is amended to Such person(s) or organization(s) is an addition- include as an additional insured any person(s) or or- . al insured only with respect to liability for"bodily ganization(s) you are required by a"written contract" injury", "property damage" or "personal and ad- to add as an additional insured on this Coverage vertising injury"caused, in whole or in part, by: Part. (a) Your acts or omissions; or The "written contract" requirement for additional in- (b) The acts or omissions of those acting on sured status is automatically fulfilled for any addi- your behalf; tional insured shown in the Schedule above. in the performance of your ongoing operations as specified in the"written contract". B. Coverage provided to such additional insured(s) is limited as follows: L 20 31 07 12 Florists' Mutual Insurance Company-Edwardsville, Illinois Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. COMPLETED OPERATIONS: This exclusion applies even if the claims against (a) Such person(s) or organization(s) is an addi- any insured allege negligence or other wrongdoing (11111111 tional insured with respect to liability in- in the supervision, hiring, employment, training or in- cluded in the "products-completed opera- monitoring of others by that insured, if the "occur- tions hazard" for "bodily injury" or "property rence" which caused the "bodily injury" or "property damage" caused, in whole or in part, by damage", or the offense which caused the"personal "your work"only if: and advertising injury", involved the rendering of, or is The "written contract" requires you to pro- the failure to render, any professional architectural, vide the additional insured such cover- engineering or surveying services. age; and D. ADDITIONAL INSURED-LIMITS ii. "Your work" included in the "products- completed operations hazard" is limited With respect to the insurance afforded to these ad- to the location designated and described ditional insureds, the following is added to SECTION in the"written contract". III—LIMITS OF INSURANCE: (b) Such coverage for the additional insured The most we will pay on behalf of the additional in- ends at the earliest of the following: sured is the amount of insurance: i. The date specified in the "written con- 1. Required by the"written contract"; or tract"; or 2. Available under the applicable Limits of Insur- ii. Five years from the completion of"your ance shown in the Declarations; work" included in the "products- whichever is less. completed operations hazard" as desig- nated and described in the "written con- This endorsement shall not increase the applicable tract". Limits of Insurance shown in the Declarations. 3. Coverage provided to such additional insured(s) E. ADDITIONAL INSURED—PRIMARY AND described in Paragraph A is limited as follows: NONCONTRIBUTORY (a) The insurance afforded to such additional SECTION IV—COMMERCIAL GENERAL LIABILITY insured only applies to the extent permitted CONDITIONS, 4. OTHER INSURANCE is amended by law; and for the additional insured by the addition of the fol- (b) Will not be broader than the lesser of what lowing, superseding any provision to the contrary: is afforded to you under this Coverage Part If required by "written contract", this insurance is or that which you are required by the "writ- primary to and will not seek contribution from any ten contract" to provide for the additional other insurance maintained by an additional insured insured. under your policy if the additional insured is a (c) Does not apply to any person(s) or organi- Named Insured under such other insurance. zation(s) covered as an additional insured on any other endorsement attached to this F. ADDITIONAL INSURED-DUTIES: Coverage Part. SECTION IV — COMMERCIAL GENERAL C. ADDITIONAL INSURED- EXCLUSIONS LIABILITY CONDITIONS 2. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM With respect to the insurance afforded to these ad- OR SUIT are amended to add the following ditional insureds, the following additional exclusions conditions applicable to the additional insured: apply: An additional insured under this endorsement will This insurance does not apply to: as soon as practical: 1. The sole negligence of the additional insured. 1. Give us written notice of an "occurrence" or an 2. The rendering of, or the failure to render, any offense which may result in a claim or "suit" under this insurance. professional architectural, engineering or sur- veying services, including: 2. Provide us any written documentation which triggered additional insured status or waiver of (a) The preparing, approving, or failing to pre- recovery rights. pare or approve, maps, shop drawings, 3. Provide us copies of all legal papers received opinions, reports, surveys, field orders, and otherwise cooperate with us in the investi- change orders or drawings and specifica- gation, defense or settlement of the claim or tions; or suit". (b) Supervisory, inspection, architectural or We have no duty to defend or indemnify an addi- engineering activities. tional insured under this endorsement until we re- ceive written notice of a claim or "suit" from the additional insured. , L 20 31 07 12 Florists' Mutual Insurance Company-Edwardsville, Illinois Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. G. ADDITIONAL INSURED—DEFINITIONS: H. BLANKET WAIVER OF SUBROGATION SECTION V—DEFINITIONS is amended for this SECTION IV—COMMERCIAL GENERAL LIABILITY endorsement by the addition of the following: CONDITIONS, 8. Transfer Of Rights Of Recovery 1. "Written contract" means a written contract or Against Others To Us is amended by the addition written agreement that requires you to make a of the following: person or organization an additional insured on We waive any right of subrogation we may have this Coverage Part, provided the written against any person(s) or organization(s) with whom contract or written agreement: you have signed a written contract or written agree- (a) Is effective during the term of this Cover- ment that requires such a waiver. age Part; and This waiver applies only if the written contract or (b) Was signed by you prior to the"bodily inju- written agreement is: ry", "property damage" or "personal and 1. Signed by you prior to the "bodily injury", advertising injury" offense applicable to "property damage" or"personal and advertising this Coverage Part; and injury" offense applicable to this Coverage Part (c) Pertains to your ongoing operations or and; "your work" included in the "products- 2. Effective during the term of this Coverage Part completed operations hazard"for the addi- and is an"insured contract"and; tional insured. 3. Applicable to your ongoing operations or "your 2. The definition of"insured contract" is modified work" included in the "products-completed op- for the additional insured as follows: erations hazard". Paragraph f. of the "insured contract" definition does not apply to "bodily injury" or "property damage" included within the"products- completed operations hazard" unless required by the"written contract". (1111 L 20 31 07 12 Florists' Mutual Insurance Company- Edwardsville, Illinois Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILI1Y INSURANCE POLICY WC 42 03 04 A (111111\- TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by Texas is shown in Item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not names In the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( x ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. (4 .11 2. Operations:All Texas Operations. ' 3, Premium The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium Notes: 1. Use this endorsement to effect a waiver of recovery from others in accordance with Rule II, Section G,of the Texas Workers Compensation Manual. This endorsement changes the policy to whidl it is attached and is effective on the date issued unless otherwise stag. (The information below is required only when this endorsement is issued subsequent to preparation of tire policy.# Endorsement Effective Pc4icy No. WCN31394 Endcfsement€ o. Insured Premium 5 Hydrozone Landscape Corporation Insurance Toarry by Florists'Mutual Insurance Company Countersigned WC4203t34A (Ed 1-0t)) CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (11.1\ Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day Cik\ 1.07-1 Rain Day 1.07-2 Impact Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 1.12 Contract Time 1.13 Construction Inspector 1.14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4 2.01 No Warranty of Design 2.02 Right of Entry 2.03 Ownership of Plans 10-2012 00700-i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations /.41) 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3.01 Owner-Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor,Equipment,Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700-ii CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT (Puins' 4.16 Layout of Work 4.17 Shop Drawings 4.18 Engineer-Contractor Relationship; Observations 4.19 Observation and Testing 4.20 Defects and Their Remedies 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Equipment,Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 18 5.01 Time and Order of Completion 5.02 Extension of Time 5.03 Hindrances and Delays 5.04 Suspension of Work 5.05 Liquidated Damages for Delay 5.06 Change of Contract Time 5.07 Delays Beyond Owner's and Contractor's Control 6.0 MEASUREMENT AND PAYMENT 21 6.01 Discrepancies and Omissions (111111 6.02 Quantities and Measurements 10-2012 00700-iii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.03 Estimated Quantities 6.04 Price of Work 6.05 Payments 6.06 Partial Payments 6.07 Use of Completed Portions &Punchlist 6.08 Substantial Completion 6.08-1 6.09 Final Payment 6.10 Correction of Work Before Final Payment 6.11 Correction of Work After Final Payment 6.12 Payments Withheld 6.13 Delayed Payments 7.0 EXTRA WORK AND CLAIMS 27 7.01 Differing Site Conditions 7.02 Change Orders 7.03 Change Orders 7.04 Request for Work Approval for Work on Non-Work Days 7.05 Minor Changes 7.06 Extra Work 7.07 Time of Filing Claims 8.0 DEFAULT 30 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 8.04 Cross-Default 10-2012 00700-iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B1 ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012 00700-v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 — Workers' Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final " Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) Addenda, if any; (6) Plans and Specifications referenced or included in the Project Manual; (7) Instructions to Bidders; (8) Bid Proposal; and 10-1012 00700- 1 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Clih‘ (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical.or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract,unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is 11111.11\ intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual,partnership,joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that. may be required by the ENGINEER as representative of the OWNER, to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-1012 00700-2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost for Construction Management and Inspection Services for work on non-work days. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms "Substantially Completed", or "Substantially Complete" or"Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction,requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of '-I') responsibility for compliance with the Contract Documents. 10-1012 00700-3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements. 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 10-1012 00700-4 of 36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS. All plans, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 10-1012 00700-5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in .accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The (111111b.\ ENGINEER shall furnish the CONTRACTOR with four(4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non-conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non-conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing,inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without (1116'\ requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 10-1012 00700-6 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.04 INSPECTION BY ENGINEER. The ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional /or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on-site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non-conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 10-1012 00700-7 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character; quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under (111"\I this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES.The CONTRACTOR shall at all times observe and comply with all federal, state or local,laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. • The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-1012 00700-8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a `7 waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 —Wage Scale for Engineering Construction, or Document 00813 —Wage Scale for Building Construction, or both, as set out in the Project Manual. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent(100%) of n the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All bonds shall be issued by Texas Department of Insurance approved surety companies. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt n from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. 10-1012 00700-9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (alb\ The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at. due time of purchase. 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for (1//1***`. the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent,unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies,machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. rkb-‘, The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-1012 00700- 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION.Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom-clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules 10-1012 00700- 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness,indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all submittals, review comments, notes, corrections, schedules and updates, testing results, payment applications, instructions and other communications by means of the OWNER'S Pro-Trak. The OWNER,ENGINEER and CONTRACTOR shall each retain such hard copies form this system as are required for their specific record keeping requirements. No documents shall be removed from this system or destroyed except those being replaced by the systems protocols as a latest version document. All requirements for written communications, submittals, comments, instructions or other documents processed by means of this system shall have the same legal or time sensitive status as if they had been hand delivered in hard copy to their intended addressee. 4.18 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such �`.\ directions and instructions are consistent with the obligations of this Agreement and the Contract ` Documents, provided, however, should the CONTRACTOR object to any orders by any 10-1012 00700- 12 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, n make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 10-1012 00700- 13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 LIABILITY. FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods incident to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the (010'\ Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and persons entering the project site, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, (sub` fences,traffic control,warning signs and other safety devices. 10-1012 00700- 14 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities shall be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight(8)hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the. CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or 1 withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably 10-1012 00700- 15 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise,between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-1012 00700- 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal.injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be 7 sustained and borne by the CONTRACTOR at his own cost and expense. 10-1012 00700- 17 of 36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT (111.1\ 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re-execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re-execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non-conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non-conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract,unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance_with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION. OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the 10-1012 00700- 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. '�'`� 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR ! agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER's representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further 10-1012 00700- 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agrees that a failure to complete on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages,and not as a penalty,the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE.OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten(10) days after the event-giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather (111'‘ conditions, acts of God, even if such delays are due in part to the negligence, other fault,breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 10-1012 00700-20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT to fault of OWNER. An extension of Contract time shall be CONTRACTOR's sole and exclusive 1 remedy for any such delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the Work to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in accordance with the Contract Documents. It is further understood that any request for clarification must be submitted no later than five(5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered,unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Contract Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences,unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal, and Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, OWNER and CONTRACTOR agree that the Contract is a unit cost agreement, unless stated otherwise, and that the final Contract amount is equal to the unit cost multiplied by the number of units authorized, installed and approved by the Owner. The OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as n payment in full for furnishing all materials and all labor required for the aforesaid Work, and for 10-1012 00700-21 of36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount,prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this (11.6.‘ Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendations and as approved by the OWNER or ENGINEER at the Work site only.No payment will be made for materials stored until OWNER has approved in writing storage at the Work site. The ENGINEER shall then review such statement of unit quantities and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER fords that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. All payment applications made by CONTRACTOR and delivered to ENGINEER and all verifications and certification of such applications shall be made and transmitted within the Pro- Trak system and signed with the appropriate electronic signatures as provided for in the software. 10-1012 00700-22 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Such applications for payment shall not be considered complete unless accompanied by the CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed by an authorized representative of the CONTRACTOR and reflecting the correct corresponding amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the n CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under"6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above-stated percentages. 6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete". Such notification shall include a list of all outstanding or incomplete items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and n the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine 10-1012 00700-23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed list of unfinished, incomplete, defective and/or non-conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending fmal payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work,has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive fmal payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after fmal payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings, ,reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; 10-1012 00700-24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections/approvals/acceptances by city, county, state governmental entities or other authorities having jurisdiction; (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors,vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor, vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment, tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within ten (10) business days after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove,replace and remedy such work at CONTRACTOR's expense. 10-1012 00700-25 of 36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER.to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship; to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non-conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (f) Reasonable indication that the Work will not be completed within the Contract Time; (g) Failure on the part of the CONTRACTOR to execute any and all documents,. releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction, the withheld payment shall be made promptly. If the said causes are not so remedied, OWNER may remedy the same for �`, CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost \ 10-1012 00700-26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 DIFFERING SITE CONDITIONS. During the progress of the work, if subsurface, latent physical conditions or unknown physical conditions of an unusual nature are encountered at the site that differ materially from those indicated in the contract or from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, the CONTRACTOR ' shall notify the OWNER's Representative in writing within three(3) calendar days of the specific differing conditions before the site is disturbed and before the affected work is performed. (a) Upon written notification,the ENGINEER will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The ENGINEER will notify the CONTRACTOR in writing of the determination whether or not an adjustment of the contract is warranted. (b)No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c)No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven(7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension, the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven(7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a) Upon receipt, the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or rTh subcontractors at any approved tier, and not caused by weather, the ENGINEER will make 10-1012 00700-27 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT an adjustment(excluding profit) and modify the contract in writing accordingly. The CONTRACTOR will be notified of the ENGINEER's determination, in writing,whether or not an adjustment of the contract is warranted. (b)No contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. (c)No contract adjustment will be allowed under this clause to the extent that performance would have been suspended by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 7.03 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time,which may result from the change. 7.04 In accordance with paragraph 1.07 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall,upon receipt of written notice by the CONTRACTOR of the need to conduct work on otherwise non-Work Days,prepare a cost estimate for providing Construction Management and Inspection services during the requested period and submit this to (11111k\ both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall prepare a Deductive Change Order in the amount stated in the estimate for the signature of the CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non-Work Day. 7.05 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7.06 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change Directive, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method(A) --By Contract unit prices applicable to the work, if any; or 10-1012 .00700-28 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Method(B) --By agreed unit prices or agreed stipulated lump sum price; or Method(C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work plus: a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten(10%) for the subcontractor plus five (5%) for the General Contractor or b) For the General Contractor alone, self-performing the extra work, without subcontractor, the mark-up shall not exceed ten percent (10%), as full and fmal compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the"Actual Field Cost" is hereby defined,as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents,plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The mark-up of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost." No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or 10-1012 00700-29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (111 acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be fmal and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty(60) days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which - the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty(30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be fmal and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation,the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and fmal bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 8.0 DEFAULT (I1W 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER 10-1012 00700-30 of 36 CITY OF PEARLAND GENERAL. CONDITIONS OF AGREEMENT or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER 7 when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of n such notice, then the OWNER may provide for completion of the Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the n OWNER out of such monies as may be due or that may thereafter at any time 10-1012 00700-31 of36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (11111'\, become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract,the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under. the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment,,tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost (11'\ thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to 10-1012 00700-32 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR under the Contract or any other agreement with OWNER or any parent, n subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS-DEFAULT. If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such 10-1012 00700-33 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (silk\ acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including,but not limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit,whether on this Contract or otherwise. 8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part, if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work 10-1012 00700-34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT that have not been included in payments to the CONTRACTOR and have not been incorporated n into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof; shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution 10-1012 00700-35 of 36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 111111 • 10-1012 00700-36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") . A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner- operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of 'any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700-Al CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR,prior to that person beginning work on the Project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700-A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR,prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage,prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs(1) - (7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. n 05/2007 00700-A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO.2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between [Contractor's Company Name] (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as Irrigation Improvements on McHard Road (the ."Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the fmal Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished 'in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may,hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification,waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700-B 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the day of , 20 . CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is aproprietorship, owner must si ; if a partnership, eachgeneral partner �� p p must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of 20_by , a Texas corporation,under authority granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By: President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700-B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release,who each, after being by me duly sworn, on their oaths deposed and said: I (We) am(are)the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release,and I(we)have read the facts and statements as therein set out and the representations as made therein, and I(we) state that the above and foregoing are true and correct. CONTRACTOR-Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 20 . Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] (1111h' 07/2006 00700-B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above,who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation,pursuant to authority granted to us in the Charter of said corporation, the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 Notary Public, State of Texas My Commission Expires: 07/2006 00700-B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (111111 ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1..1 Owner Parties. "Owner Parties"means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and(c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor"shall include subcontractors of any tier. 1.4 ISO. "ISO"means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the'Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be can-ied as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect,negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700-Cl CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non-renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail,return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self-insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 10-2012 00700-C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the(111111h\' i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability. The personal injury contractual liability exclusion shall be deleted. e. Primary and Non-Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. f. Waiver of Subrogation, as required in 3.6, above. 10-2012 00700-C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned,hired, and non-owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than$1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop-down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 10-2012 00700-C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than$5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for any professional design or engineering drawing required by the work. Such insurance shall indemnify the Owner from claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims-Made basis. (11///16'., 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than$1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 10-2012 - 00700-C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Additional expenses due to delay in $ TBD completion of project(where applicable) ii. Agreed value Included without sublimit iii. Damage arising from error, omission or Included without sublimit deficiency in construction methods, design, specifications,workmanship or materials, including collapse iv. Debris removal additional limit 25% of direct damage loss v. Earthquake (where applicable) $ TBD vi. Earthquake sprinkler leakage(where $ TBD applicable) vii. Expediting expenses $ TBD viii. Flood(where applicable) $ TBD ix. Freezing Included without sublimit x. Mechanical breakdown, including hot& Included without sublimit cold testing(where applicable) xi. Notice of cancellation,non-renewal or Included 10-2012 00700-C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction—60 days prior written notice to each insured xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law Included without sublimit xiv. Pollutant clean-up and removal $ TBD xv. Preservation of property Included without sublimit xvi. Replacement cost Included xvii. Theft Included without sublimit xviii. Waiver of subrogation as required in G, Included below. 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage,Per $5,000 Occurrence, except b. Delayed Opening Waiting Period 5 Days c. Flood,Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, (1111 B or V d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached,has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. (1"'N. 10-2012 00700-C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor,of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name,which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non-renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 10-2012 00700-C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3.8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability required herein. 6.3.10 Primary and non-contributing status required herein. 6.3.11 Waivers of subrogation required herein. 6.4 Required Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. 6.7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner. 7. Insurance Requirements of Contractor's Subcontractors 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its 10-2012 00700-C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 10-2012 00700-C10 CITY OFPEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions,Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions,the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: Jameson Appel telephone: 281. 652. 1747 The CONSTRUCTION MANAGER is: telephone: The CONSTRUCTION INSPECTOR is: telephone: ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.05 Add the following paragraph to Article 4.05: A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal. Attachment No.3 To General Conditions, Owner's Insurance Requirements of Contractor, Article 4.6 Builder's Risk—Builder's Risk Insurance is Not Required for this project. ARTICLE 5 PROSECUTION AND PROGRESS 5.08 Add Article 5.08: The Contract Time as defined in the bid and other sections of the Contract Documents includes a certain number of rain days. Based on the Alvin Weather Center Records, the average annual rain days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record. The CONTRACTOR is required to keep a record of rain days at the site. The record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal. At the end of the contract,the CONTRACTOR will be credited only for the number of accepted rain days that exceed 40 rain days per year,proportionate to the original Contract Time. General Notes: Sections 00100 Invitation to Bidders,00200 Instructions to Bidders and 01505 Mobilization all make reference to provision by the CONTRACTOR of a laptop computer for use by the(111.1.\ OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required to 2-24-12 00800-1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding this computer equipment. Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is Not Required to provide either a Field Office,Project Sign or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times, in both directions.No lane closures to extend beyond the defined work day. Contractor Will Not be required to provide an on-site construction office for the duration of this project. END OF SECTION n 2-24-12 00800-2 of 2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five(5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. (Attach the current wage rates. Number the pages 00811-2, 00811-3, etc.) 10-2012 00811 - 1 of 1 General Decision Number: TX130097 04/12/2013 TX97 Superseded General Decision Number: TX20120097 State: Texas Construction Types: Residential (Residential and Landscape) Counties: Brazoria, Chambers, Liberty and Waller Counties in Texas. Modification Number Publication Date 0 01/04/2013 1 03/29/2013 2 04/12/2013 * ELEV0031-002 01/01/2013 Rates Fringes ELEVATOR MECHANIC $ 37.545 25.185+a A = 6% under 5 years based on regular hourly rate for all hours worked. 8% over 5 years based on regular hourly rate for all hours worked. New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day. SFTX0669-001 01/01/2013 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 25.84 16.62 SHEE0054-008 07/01/2010 Rates Fringes Sheetmetal Worker (Excluding HVAC Work) $ 25.37 9.96 SUTX2005-027 12/15/2005 Rates Fringes Bricklayer $ 16.87 Plasterer $ 15.89 Tile setter $ 14.23 Acoustical Ceiling Installer $ 12.50 Carpenter (Includes Batt/Blown Insulation, Formwork & Overhead Door Installation $ 11.84 1.41 Carport Structural Supports Installer $ 11.46 2.61 Cement Mason/Concrete Finisher $ 13.93 .75 Drywall Finishers $ 11.21 Drywall Hanger $ 12.03 Electrician (Incl. Low Voltage Wiring/ Instal. of Alarms & Nurse Call Systems $ 17.05 6.32 Gutter and Siding Installer $ 12.84 HVAC Mechanic (Duct, Pipe & Installation of System). $ 11.11 http://www.wdol.gov/wdol/scafiles/davisbacon/TX97.dvb?v=2[6/26/2013 2:45:19 PM] Ironworker Ornamental $ 17.17 Reinforcing $ 11.25 2.35 Structural $ 17.21 -:BORERS Common $ 8.95 .99 Landscape and Irrigation $ 8.62 Mason Tender Brick $ 9.87 .68 Mason Tender Cement $ 9.60 .68 Pipelayer $ 10.01 Plaster Tender $ 11.10 Painter: Brush, Roller, and Spray $ 11.02 Parking Lot Striping $ 14.21 Plumbers (Excluding HVAC Pipe) $ 17.49 1.15 Power Equipment Operator Backhoe $ 13.51 .69 Bulldozer $ 12.68 Forklift $ 13.58 Front End Loader $ 12.00 .69 Grader $ 13.67 • Roofers $ 10.00 Soft Floor Layers, Carpet and Vinyl $ 16.92 Truck drivers. $ 13.61 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ri'''Listed classifications needed for work not included within _ le scope. of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with . characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the ,tes. 00/9999: weighted union wage rates will be published annually each January. http://www.wdol.gov/wdol/scafiles/davisbacon/TX97.dvb?v=2[6/26/2013 2:45:19 PM] Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests • for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/TX97.dvb?v=2[6/26/2013 2:45:19 PM] CITY OF PEARLAND SUMMARY OF WORK Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES A A summary of the Work to be performed under this Contract, work by Owner, Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A Work of the Contract is for the construction of : A complete furnishing and installing of an automatic irrigation system. Trenching and backfill. Furnishing and installing booster pumps. Furnishing and installing electrical equipment and wireing to power booster pumps. Inspecting and certifying backflow prevention devices per City and State standards. Furnishing and installing 2-way communication wiring, decoders and connection for remote control valves. Connecting to existing controller. Inspections, test, and any required erosions control/SWPPP (Storm Water Pollution Prevention Plan) (11.1b\' 1.03 WORK BY OWNER A Not Used 1.04 OWNER FURNISHED PRODUCTS A Not Used 1.05 WORK SEQUENCE A Not Used B Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01300—Submittals. C Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 -Coordination and Meetings. 1.06 FUTURE WORK A Not Used 1.07 CONTRACTOR'S USE OF PREMISES 05/2008 01100- 1 of 2 CITY OF PEARLAND SUMMARY OF WORK A Comply with procedures for access to the site and Contractor's use of rights-of-way as specified in Section 01140 -Contractor's Use of Premises. B Contractor shall be responsible for all utilities required for construction. 1.08 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION-NotUsed END OF SECTION 05/2008 01100-2 of 2 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES Section 01140 CONTRACTOR'S USE OF PREMISES 1.0 GENERAL 1.01 SECTION INCLUDES A General use of the Project Site including properties inside and outside of the limits of construction, work affecting roads, ramps, streets and driveways and notification to adjacent occupants. B References to Technical Specifications: 1 Section 01350—Submittals 2 Section 01730—Cutting&Patching 3 Section 01555—Traffic Control &Regulation. 4 Section 01562—Waste Material Disposal 5 Section 01720—Field Surveying 6 Section 02980—Pavement Repair 7 Section 02770—Curbs, Curb &Gutter, &Headers 8 Section 02255—Bedding,Backfill, &Embankment Materials 9 Section 02922—Sodding 10 Section 02921 —Hydromulch Seeding 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 LIMITS OF CONSTRUCTION A Confine access,operations,and storage areas to limits of construction as shown on the Plans provided by Owner as stipulated in Section 00700 General Conditions of Agreement; trespassing on abutting lands'or other lands in the area is not allowed. B Contractor may make arrangements,at Contractor's cost,for temporary use of private properties,in which case Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from such use of properties outside of the limits of construction. 1. Improvements to private properties made for the Contractor's use must be removed upon completion of the Work. a. No fill material may be placed in temporary work areas or on adjacent private properties without the written permission of the Engineer or the issuance of a Fill Permit by the City of Pearland or other governing entity. C Restrict total length which materials may be distributed along the route of the (111.6.\‘ construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 02/2008 01140- 1 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Engineer and property owner(s). B Means,methods,techniques,sequences,or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. D Contractor shall protect or replace all property corners, monuments or other demarcations disturbed, damaged or lost as a result of his activities. The replacement of these devices shall be properly documented to the satisfaction of the City by a Registered Public Land Surveyor with copies delivered to the Owner or private property owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously. B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E Locate and protect private lawn sprinkler systems which may exist on rights-of-ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities,accommodating installation or connection of Work with existing facilities,or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730—Cutting&Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours,72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. 0 02/2008 01140-2 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES B Include in notification names and telephone numbers of two representatives for resident contact,who will be available on 24-hour call. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. B Obtain the Engineer's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or less for public use as work in that block is complete. D Acceptance of any portion of the Work will not be based on return of street to public use. E Avoid obstructing driveways or entrances to private property. F Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G Provide barricades and signs in accordance with Section 01555 —Traffic Control & Regulation. 1.08 CLEAN-UP A Maintain Project Site in a neat and orderly manner. B Perform daily clean-up in and around construction zone of dirt,debris,scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom-clean or its equivalent at the end of each work day. D Promptly remove barriers,signs,and components of other control systems that are no longer being utilized. E Dispose of waste and excess materials in accordance with requirements of Section 01562—Waste Material Disposal. 02/2008 01140-3 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES ^� 1.09 RESTORATION 1 A Restore damaged permanent facilities to pre-construction conditions unless replacement or abandonment of facilities is indicated on the Plans. B Repair/Replace removed or damaged pavement in accordance with Section 02980— Pavement Repair and removed or damaged curbs, gutters, and headers in accordance with Section 02770—Curbs, Curb & Gutter, & Headers. Repair/Replace with like materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. C Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. Level with bank sand or topsoil, conforming to Section 02255—Bedding, Backfill, & Embankment Materials, as approved by the Engineer. Provide sodding in areas of residential land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02922—Sodding. Use only block sodding; do not use spot sodding or sprigging Provide hydromulch seeding in areas of commercial,industrial or undeveloped land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02921 —Hydromulch Seeding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01140-4 of 4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES Section 01200 MEASUREMENT AND PAYMENT PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment of Work. B Conditions for nonconformance assessment and nonpayment for rejected products. C References to Technical Specifications: See Bid Proposal Sheet D Reference Standards: 1. Concrete Reinforcing Steel Institute(CRSI) 2. American Institute of Steel Construction(AISC) 1.02 AUTHORITY A Units and methods delineated in this Section are intended to complement the criteria of the Technical Specifications and Section 00300—Bid Proposal. B In the event of conflict, the unit specified for Bid Items in Section 00300 — Bid (11"\, Proposal shall govern. C Measurements and quantities submitted by the Contractor will be verified by the Engineer. D 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 Section 00300—Bid Proposal 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 Section 00700—General Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section 00300 — Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 — General Conditions of Agreement 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. 05/2007 01200- 1 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES 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. The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300—Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. C Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. 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. B If,in the opinion of the 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 the 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 the Engineer, if the modified Work is deemed to be less suitable than originally specified. 05/2007 01200-2 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES C Individual Technical Specifications may modify these options or may identify a specific formula or percentage price reduction. D The authority of the Engineer to assess the nonconforming Work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading,hauling, and disposing of rejected products. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 05/2007 01200-3 of 3 CITY OF PEARLAND CHANGE ORDER PROCEDURES Section 01290 CHANGE ORDER PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications,Work Change Directive, Stipulated Price Change Order,Unit Price Change Order, Time and Materials Change Order; 4. Execution of Change Orders; 5. Correlation of Contractor Submittals. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01760—Project Record Documents C Other References: 1. 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. 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 RESPONSIBLE INDIVIDUAL A 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 Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of proposed changes in the Work. B Contractor shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation. 02/2008 01290- 1 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES (1111, C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300—Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300—Bid Proposal, 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 of Agreement, 7.03 "Extra Work". 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 (1.1"\, 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 the Engineer of changes will be formalized into Change Orders. All such changes will be in accordance with the requirements of Section 00700 — General Conditions of Agreement, 7.01 "Change Orders". 02/2008 01290-2 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Engineer will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical 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 FOR CHANGE AND CONTRACT MODIFICATION A The Engineer may issue a-Request for Proposal,which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications.The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change 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 A Stipulated Price Change Order will be based on an accepted Proposal for Change including the Contractor's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A Where Unit Prices for the affected items of the Work are included in Section 00300- Bid Proposal ,the Unit Price Change Order will be based on unit prices as originally bid, subject to provisions of Section 00700—General Conditions of Agreement. B Where unit prices of the Work are not pre-determined in Section 00300 — Bid Proposal, Work Change Directive or accepted Proposal for Change will specify the unit prices to be used. 02/2008 01290-3 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES CIP*'\ 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 Section 00700—General Conditions of Agreement. B Engineer will determine the change allowable in Contract Price and Contract Time as provided in Section 00700—General Conditions of Agreement. C Contractor shall maintain detailed records of work done on time-and-material basis as specified in this Section, 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 A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts,the next monthly Application for Payment of the 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. D Contractor shall promptly enter changes to the on-site and record copies of the Plans, Technical Specifications or Contract Documents as required in Section 01760 — Project Record Documents. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION (1°81'\, 02/2008 01290-4 of 4 CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100—Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer", and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling,submittals,and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project 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 Preconstruction Conference. B Attendance Required: Engineer's representatives,Consultants,Contractor,and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, and the Consultant. 3. Review of insurance. 02/2008 01310- 1 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS 4. Discussion of formats proposed by the Contractor for Schedule of Values, and Construction Schedule. 5. Discussion of required Submittals,including,but not limited to,Work Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processing of Shop Drawings and other submittals, substitutions,Applications for Payment, Requests for Information, Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Work and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference", when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench Safety Program. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100—Summary of Work,Engineer will schedule a Site Mobilization 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 Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A Progress Meetings shall be held at Project Site 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 City's representative will make arrangements for meetings,and recording minutes. (11'imb'\ D Engineer or City's representative will prepare the agenda and preside at meetings. 02/2008 01310-2 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule,Applications for Payment, payroll and compliance submittals. 3. Field observations,problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Information, Requests for Proposal. 7. Review status of Change Orders. 8. Review of off-site fabrication and delivery schedules. 9. Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeeding work period. 12. Coordination of projected progress. 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01310-3 of 3 CITY OF PEARLAND SUBMITTALS (.11.6\ Section 01350 SUBMITTALS 1.0 GENERAL This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals are required elsewhere in these Technical Specifications,refer to this Section for Submittal requirements and procedures. 1.01 SECTION INCLUDES A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings,Product Data, and Samples 4. - Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310—Coordination&Meetings 2. Section 01630—Product Options &Substitutions 3. Section 01100—Summary of Work 4. Section 01380—Construction Photographs 5. Section 01760—Project Record Documents 6. Section 02530—Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for 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 Plans,Technical Specifications, and dimensions which affect the layout. The Contractor is Club\ responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of 01/2008 01350- 1 of 6 CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish ` required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 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 Applications for Payment 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. Re- Submittals shall use the original number with an alphabetic suffix(i.e.,2A for first Re-Submittal of Submittal 2 or 15C for third Re-Submittal 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 this Section, 1.10"Video". C Contractor's Certification 1. 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 Section 00300 — Bid Proposal 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 in Section 00300—Bid Proposal. 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. 01/2008 01350-2 of 6 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and Balancing Reports in conjunction with Operation and Maintenance Data are required, include a separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing Reports, each valued at five(5)percent of the Lump Sum. 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 a minimum,a bar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction 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 Construction 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 Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components,these elements should be indicated separately within the Construction Schedule. 4. For Projects with multiple types of tasks within the scope,these types of work should be indicated separately within the Construction Schedule. 5. ' For Projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price, the Construction 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 identified in the Construction Schedule and must be agreed to by the Engineer prior to starting work in the area. 7. A Billing Schedule(tabulation of the estimated monthly billings)for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This information is not required in the monthly updates, unless significant changes in Work require re-submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. 01/2008 01350-3 of 6 CITY OF PEARLAND SUBMITTALS 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 Conditions of Agreement. D The Contractor must receive approval of the Engineer for the Construction Schedule and Billing Schedule 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 Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction 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 Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing 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. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawing Drawings shall be to scale,and shall be a true representation of the specific equipment or item to be furnished. 01/2008 01350-4of6 CITY OF PEARLAND SUBMITTALS (11".' B Product Data 1. Submit Product Data for review when required in individual Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" 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 Technical Specification. 4. For products specified only by reference standard,submit manufacturer,trade name,model or catalog designation, and applicable reference standard. 5. For Approved Products, those designated in the Technical Specifications followed by the words"or approved equal",submit manufacturer,trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630-Product Options and Substitutions, 1.04"Selection Options"and 1.07 "Substitution Procedures". 7. For products that are neither Pre-Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Engineer or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. (jib\ 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in the Technical Specification;one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical Specification,submit manufacturers'printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B Contractor's Certification, as described in this Section. 1.02"Submittal Procedures", shall be placed on front page of each document. C Identify conflicts between manufacturers'instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Engineer. (111111116.\ B Contractor's Certification, as described in this Section, 1.02"Submittal Procedures", shall be placed on front page of the certificate. 01/2008 01350-5 of 6 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates may be recent or previous test results on material or product,but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A Submit photographs in accordance with Section 01380—Construction Photographs. 1. Prints: Prepare 2 prints of each view and submit 1 print directly to the City's Representative within 7 days of taking photographs. One print shall be retained by the Contractor and made available at all times for reference on the job site. B PRECONSTRUCTION PHOTOGRAPHS: 1. Prior to the commencement of any construction,take digital color photographs on the entire route of the project 2. Photographs: Two prints, color, matte finish; 3 x 5 inch size, mounted on 8' x 11-inch soft card stock, with left edge binding margin for three hole punch, or in plastic pockets in three-ring notebook. 3. Th photographs shall show: a. Date photographs were taken b. Location of the photograph, house number and street name. (This information may be shown on a chalk board in the photograph by a label on the mountings.) 4. Photographs should show the condition of the following a. Esplanades and boulevards b. Yards (near, side and far side of street) c. Housewalk, sidewalk and driveway; curb d. Area between walk and curb 1) Particular features(yard lights, shrubs, fences, trees, etc.) 2) Landscaping and decorative features. C POST CONSTRUCTION PHOTOGRAPHS 1. On completion of construction, provide photographs of any public or private property which has been repaired or restored and any damage which is or may be the subject of complaints. 1.09 PROJECT RECORD DOCUMENTS A Submit Project Record Documents in accordance with Section 01760—Project Record Documents. 1.10 VIDEO A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with TO1, `"•y T02,T03, etc. 01/2008 01350-6 of 6 CITY OF PEARLAND SUBMITTALS 1.11 DESIGN MIXES A When specified, submit design mixes for review. B Contractor's Certification, as described in this Section, 1.02"Submittal Procedures", 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. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 01/2008 01350-7 of 6 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOR'S QUALITY CONTROL 1.0 GENERAL 1.01 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350—Submittals 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager 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. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, 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 Technical Specifications. n 02/2008 01430- 1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request, submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of Project Manager. 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 one(1)day of observation to Project Manager for review. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01430-2 of 2 CITY OF PEARLAND OBSERVATION SERVICES Section 01440 OBSERVATION SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Observation services and references. B References to Technical Specifications: 1. Section 01450—Testing Laboratory Services 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 INSPECTION A Project Manager will appoint an Observer as a representative of the Owner to oversee inspections,tests, and other services specified in individual Technical Specifications. B Alternately, Project Manager may appoint, employ, and pay an independent firm to provide additional observation or construction management services as indicated in Section 01450—Testing Laboratory Services. C Reports will be submitted by the independent firm to Project Manager,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 Observer;furnish samples of materials, design mix, equipment, tools, and storage. E Contractor shall notify Project Manager 24 hours prior to expected time for operations requiring services. Notify Engineer and independent firm when noted. F Contractor shall sign and acknowledge report for Observer. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 09/2009 01440- 1 of 1 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS (411.6\ Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements,first aid equipment,fire protection,security measures,protection of the Work and property, access roads and parking, environmental controls, disposal of trash,debris,and excavated material,pest and rodent control,water runoff and erosion control. B References to Technical Specifications: Section 00200—Instructions to Bidders Section 01100—Summary of Work Section 01350—Submittals Section 01566—Source Controls for Erosion&Sedimentation Section 01100—Summary of Work (ow, Section 01600—Material&Equipment Section 01570—Trench Safety System Section 01555—Traffic Control&Regulation Section 01720—Field Surveying Section 01563 —Tree&Plant Protection Section 01564—Control of Ground Water& Surface Water Section 13730-Computer Equipment C Referenced Standards: Occupational Safety and Health Administration(OSHA) National Fire Protection Association(NFPA) Code of Ordinances, City of Pearland,Texas D Definitions: Underground Structures - sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. Surface Structures -existing buildings, structures and other constructed installations 7.\ above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to 12-2-2011 01500- 1 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS buildings,tanks,walls,bridges,roads, dams,channels, open drainage,piping,poles, 7, wires, posts, signs,markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Technical Specifications. Maintain and operate temporary facilities and systems to assure continuous service. Modify and extend systems as Work progress requires. Completely remove temporary materials and equipment when their use is no longer required. Restore existing facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements with utility service companies for such temporary services as are necessary to construct the work and manage the site. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel,power,light,heat,and other utility services necessary for execution, completion, testing, and initial operation of the Work. B Water Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. 12-2-2011 01500-2of10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS For water to be drawn from public water supply, obtain special permit or license and meter from the proper City officials. For facilities under construction, establish a water/sewer billing account with City's Utility Billing Department.A deposit based on rates established by latest ordinance will be required. For water drawn from fire hydrants,apply for and receive a construction water meter from City'Public Works Department. Identify specific location for construction water meter installation. Once installed,water meter may not be moved without notification of Public Works Department.Install backflow preventer on fire hydrant supply if not included in City provided meter. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting 1 Provide temporary electric power service in Contractor's name, as required for the prosecution of the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor or as necessary to maintain any of Owner's on-going operations as may continue on the site during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 2 Provide permanent electric power service,in the Contractor's name,to the work or site as required by the schedule of the work to achieve Substantial Completion or (11/116`1 Partialand Substantiwhenal Completion.Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. D Natural Gas Provide and pay for natural gas service to the work as and when required by the schedule to achieve Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. E Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. F Telephone Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. G Sanitary Facilities (11.1h\ Provide and maintain sanitary facilities for persons on the Project Site,in compliance with federal, state, and local regulations. Locate toilets on the Project Site near the 12-2-2011 01500-3 of 10 CITY OFPEARLAND TEMPORARY FACILITIES AND CONTROLS work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit-type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off-site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 —Source Controls for Erosion&Sedimentation. 1.06 FIELD OFFICE A Provision of a Field Office and other specific temporary facilities as required in paragraph B below UNLESS otherwise stated in Section 00800 - Special Conditions of the Agreement,or Section 01100—Summary of Work. Provide for transportation,move-in,set-up,tie-down and,when project is complete,removal and move-out. The Contractor shall confirm location of office and other temporary facilities with Owner's Representative at Pre-Construction Meeting prior to delivery and set up. Location of temporary facilities shall be approved by the Owner's Representative by way of the submittal process. B. At a minimum, the Contractor's field office shall provide for, contain or serve to: provide a secured space for project administrative operations, periodic progress meetings,on-site storage for project files and plans,office space for CONTRACTOR's field supervisory personnel and provide a separate securable office space for OWNER's Representative including: meeting table and chairs, a single two drawer filing cabinet,a built-in drawing table and plan holders. Provide electric lighting and HVAC to the mobile office. 1. Field Office shall provide for, at a minimum, a high speed interne connection for use by Owner's Representative or Construction Manager as controlled by Paragraph A above. 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600—Material & Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall prepare, submit and follow a Safety Program that complies with federal, state, and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570—Trench Safety System. B Conduct operations in strict accord with applicable federal,state and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel '') and equipment involved in the Work. 12-2-2011 01500-4of10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act,published in OSHA Standards -29 CFR, Part 1926, and adopted by Secretary of Labor under the Williams-Steiger Occupational Safety and Health Act of 1970,and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract,and after such investigation or inspection,advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten(10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first-aid equipment, (11111'`. ventilating equipment and safety equipment,in the Plans and Technical Specifications are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.09 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period. List telephone numbers for physicians,hospitals, and ambulance services in each first aid kit. B Have at least one person thoroughly trained in first aid procedures present on the Project Site whenever work is in progress. 1.10 FIRE PROTECTION A Fire Protection Standards. Conform to specified fire protection and prevention requirements as well as those that may be established by Federal, State, or local governmental agencies. B. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10,Portable Fire Extinguishers,for each temporary building,and 111111.1 for every 3000 square feet of floor area of facilities under construction. 12-2-2011 01500-5 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. C. Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids. Do not store flammable orcombustible liquids in or near stairways or exits. Maintain clear exits from all points within a structure. 1.11 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft,damage,and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing as approved by Owner's Representative. 1.12 PROTECTION OF PUBLIC UTILITIES A Prevent damage to existing public utilities during construction. These utilities are shown on the Plans at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction,and for making adjustments or relocation of the utilities when they conflict with the proposed Work. - 1.13 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus,materials,supplies,and equipment in an orderly,safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials that are subject to damage by exposure to weather, theft,breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse,rubbish,scrap materials,and debris caused by construction operations,keeping the Work safe and orderly. 12-2-2011 01500-6 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. Obtain written consent from proper parties before entering or occupying with workers, tools,materials or equipment,privately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights,warning signs, and danger signals; provide watchmen;and take other precautionary measures for the protection of persons or property and protection of the Work.Conform to Section 01555—Traffic Control& Regulation. C Preserving Control Points Maintain permanent benchmarks,public or private elevation or property demarcation and control monumentation, or other reference points. Unless otherwise directed in writing,replace at no cost to the Owner,those monuments,property corners or other permanent demarcations that are damaged or destroyed in accordance with Section 01720—Field Surveying. D Tree and Plant Protection. Protect trees,shrubs,lawns,outside of grading limits and within the grading limits as designated on the Plans,and in accordance with requirements of Section 01563—Tree &Plant Protection. E Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available,but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is damaged,broken,or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. 12-2-2011 01500-7 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents,the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Section 00700—General Conditions of Agreement. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports,Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties,or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures,pipelines,or utilities,give a minimum of five (5)working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.14 PROTECTION OF THE WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed,prior to completion of the Work. Control traffic to prevent damage to equipment,materials, and surfaces. 1.15 ROADS AND PARKING A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by construction traffic. C Control traffic to prevent damage to equipment,materials, and surfaces. 12-2-2011 01500-8 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. Locate as approved by Engineer. G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.16 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes,regulations,and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190,Executive Order 11514. ("I/1"N, C Provide, install and maintain storm water runoff control including but not limited to temporary entrance, silt fencing, etc. as specified in Contract Documents. D Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Burning of rubbish, debris or waste materials is not permitted. 1.17 POLLUTION CONTROL A Provide methods,means,and facilities required to prevent contamination of soil,water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage,and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off-site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entering receiving streams or storm water conveyance systems in conformance with TPDES requirements and Section 01566—Source Controls for Erosion& Sedimentation. D Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. 12-2-2011 01500-9 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS E Use equipment during construction that conforms to current federal, state, and local laws and regulations. 1.18 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. B Employ methods and use materials which will not adversely affect conditions at the Project Site or adjoining properties. 1.19 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards- 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 1.20 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566—Source Controls for Erosion& Sedimentation. 1.21 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water,runoff,subsurface water,and water pumped from excavations and structures to prevent damage to the Work, the Project Site, or adjoining properties in accordance with Section 01564—Control of Ground Water& Surface Water and Section 01566—Source Controls for Erosion& Sedimentation. B Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 12-2-2011 01500- 10 of 10 CITY OF PEARLAND MOBILIZATION Section 01505 MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation(TxDOT) 2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A. Payment for Mobilization is on a Lump Sum basis and shall not exceed three percent(3%) of the total bid price. B. Payment for 50% of the Mobilization lump sum bid item may be included in the first monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values(Section 01350—Submittals) p�1 2. Trench Safety Program(Section 01570—Trench Safety System) 3. Construction Schedule(Section 01350—Submittals) 4. Pre-construction Photographs (Section 01380—Construction Photographs) 5. Installation and acceptance of Project Identification Sign(s) (Section 01580—Project Identification Signs) 6. Installation and acceptance of Field Office(Section 01500—Temporary Facilities and Controls) 7. Installation and acceptance of TPDES requirements (Section 01565 - TPDES Requirements) C. Payment for 25% of the Mobilization lump sum bid item may be included in the second monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Installation of High Speed Internet Access(Section 01500—Temporary Facilities and Controls) 2. Laptop Computer(Section 00800—Special Conditions of Agreement) D. Payment for 15% of the Mobilization lump sum bid item may be included in the third monthly Application for Payment. E. Payment for the remaining 10%of the Mobilization lump sum bid item may be included in the fourth monthly Application for Payment. 09/2012 01505- 1 of 1 CITY OF PEARLAND MOBILIZATION G. Mobilization payments will be subject to Retainage as stipulated in Section 00700 General Conditions of Agreement. 2.0 PRODUCTS 2.01 PROJECT IDENTIFICATION SIGNS A. Provide specified number of project identification sign(s)per Section 01580. The name, address and contact information of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 3.0 EXECUTION 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A. Place a Project Identification Sign as described in Section 01580,part 1.03, D visible to passing traffic or as directed by Engineer. END OF SECTION 09/2012 01505 - 1 of 1 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION (11111mb\ Section 01555 TRAFFIC CONTROL AND REGULATION 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for traffic control plans,signs,signals,control devices,flares,lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations. B Requirements for and qualifications of Flaggers. C References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01140—Contractor's Use of Premises D Referenced Standards: 1. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Traffic Control and Regulation. Measurement is on a Lump Sum basis for Traffic Control and Regulation,including submittal of a traffic control plan if different from the one provided on the Plans, provision of traffic control devices, and provision of equipment and personnel as necessary to protect the Work and the public. The amount invoiced shall be determined based on the Schedule of Values submitted for traffic control and regulation. B Flaggers. Measurement is on a Lump Sum basis for Flaggers as required for the Work. The amount invoiced shall be determined based on the Schedule of Values submitted for Flaggers. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B A Traffic Control Plan responsive to the Texas MUTCD and sealed by a Registered Professional Engineer is incorporated into the Plans. If the Contractor proposes to implement traffic control different than the plan provided, he shall submit a Traffic Control Plan in conformance with Texas MUTCD for approval of the Engineer. C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values within 30 days following the Notice to Proceed. D Each week submit a daily log for Flaggers listing name,badge number,time start,time finish, and hours worked. 03/2008 01555- 1 of 4 1 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 1.04 FLAGGERS A Unless otherwise specified, use only Flaggers who are off-duty, regularly employed, uniformed Peace Officers. B Flaggers are required at the following locations: 1. Where multi-lane vehicular traffic must be diverted into single-lane vehicular traffic. 2. Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks. 4. Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and cross-walks. 5. Where construction activities might affect public safety and convenience. 6. Where traffic regulation is needed due to rerouting of vehicular traffic around the work site. 7. When requested by Owner. C The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and movement, and does not in any way relieve the contractor of full responsibility for taking such other steps and provide such other Flaggers or personnel as the Contractor may deem necessary to protect the work and the public, and does not in any way relieve the Contractor of his responsibility for any damage for which he would otherwise be liable. Flaggers shall be used and maintained at such points for such periods of time as may be required to provide for the public safety and convenience of travel. 2.0 PRODUCTS 2.01 SIGNS,SIGNALS,AND DEVICES A Comply with Texas MUTCD regulations. B Traffic Cones and Drums, Flares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.01 PUBLIC ROADS A Abide by laws and regulations of governing authorities when using public roads. If the Contractor's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the Engineer. B Contractor shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the Traffic Control Plan. 03/2008 01555-2 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION (' 6\ C Contractor shall not obstruct the normal flow of traffic from 7:00 a.m.to 9:00 a.m.and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D Contractor shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E Cleanliness of Surrounding Streets: 1. Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. Leave the area broom-clean or its equivalent at the end of the work day. F Control vehicular parking to prevent interference with public traffic and parking,and access by emergency vehicles. G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H Prevent parking on or adjacent to access roads or in non-designated areas. 3.02 FLARES AND LIGHTS A Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.03 HAUL ROUTES A Utilize haul routes designated by Owner or shown on the Plans for construction traffic. B Confine construction traffic to designated haul routes. C Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. D Contractor shall be responsible for any damage caused by vehicles utilizing haul routes. 3.04 TRAFFIC SIGNS AND SIGNALS A Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.05 BRIDGING TRENCHES AND EXCAVATIONS A Whenever necessary,bridge trenches and excavation to permit an unobstructed flow of traffic. 03/2008 01555-3 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION B Secure bridging against displacement by using adjustable cleats,angles,bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than five percent of daily traffic is comprised of commercial or truck traffic; 3. When more than two separate plates are used for the bridge; or 4. When bridge is to be used for more than five consecutive days. C Install bridging to operate with minimum noise. D Adequately shore the trench or excavation to support bridge and traffic. E Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140—Contractor's Use of Premises. B Remove equipment and devices when no longer required. C Repair damage caused by installation. D Remove post settings to a depth of 2 feet. END OF SECTION 03/2008 01555-4 of 4 CITY OF PEARLAND FILTER FABRIC FENCE Club\ Section 01560 FILTER FABRIC FENCE 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of filter fabric fence to control erosion and contain sediments and pollutants from overland flow. Filter fabric fence is not for use in channelized flow areas. Filter fabric fence may be reinforced. B References to Technical Specifications: 1. Section 01200—Measurement&Payment Procedures 2. Section 01350—Submittals 3. Section 01562—Waste Material Disposal 4. Section 01566—Source Controls for Erosion&Sedimentation C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3786,"Standard Test Method for Hydraulic Bursting strength of Textile Fabrics" b. ASTM D 4632, "Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASURMENT AND PAYMENT A Filter fabric fence will be measured by the linear foot between the limits of the beginning and ending of wooden stakes. 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 Refer to Section 01200—Measurement&Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Manufacturer's catalog sheets and other Product Data on geotextile fabric. (11.16". 03/2008 01560- 1 of 3 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 By ASTM D 4632, geotextile fabric shall have a grab strength of 100 psi in any principal direction,a Mullen burst strength exceeding 200psi by ASTM-D3786,and the equivalent opening size between 50 and 140. C Filter fabric shall contain ultraviolet inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 degrees F to 120 degrees F. D Representative Manufacturer: Mirafi, Inc., or equal. 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Provide erosion and sediment control systems at the locations shown on Plans. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C Regularly inspect and repair or replace damaged components of filter fabric fence as specified in this Section, 3.02F. Unless otherwise directed,maintain the erosion and sediment control systems until the Work is accepted by the Owner. Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials in accordance with Section 01562 Waste Material Disposal. D Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566—Source Controls for Erosion& Sedimentation. 3.02 CONSTRUCTION METHODS A Provide filter fabric fence systems in accordance with the Plan detail for Filter fabric fence. Filter fabric fence 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 03/2008 01560-2 of 3 CITY OF PEARLAND FILTER FABRIC FENCE (.1116\ 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 Plans. 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 filter fabric fence 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. END OF SECTION ("II\ 03/2008 01560-3 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL Section 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. B References to Technical Specifications: 1. Section 01,350—Submittals 2. Section 01566—Source Controls for Erosion&Sedimentation 3. Section 01600—Materials &Equipment 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Obtain and submit applicable permits for proposed disposal sites. C Submit a Waste Material Disposal Plan. D Submit a copy of written permission from property owners,along with a description of the property,prior to disposal of excess material adjacent to the Project Site. Submit a written and signed release from property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 1.04 WASTE MATERIAL DISPOSAL PLAN A Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following information: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. B The plan shall comply with applicable federal, state, and local health and safety regulations and Section 01566—Source Controls for Erosion &Sedimentation. 2.0 PRODUCTS - Not Used 07/2006 01562- 1 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL (1111'\ 3.0 EXECUTION 3.01 SALVAGEABLE MATERIAL A Excavated material: When indicated on Plans, load, haul, and deposit excavated material at a location or locations outside the limits of Project Site. B Base, surface, and bedding material: Deliver gravel, asphaltic, or other base and surfacing material designated for salvage to the location designated by the Engineer. C Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. D Other salvageable materials: Conform to requirements of individual Technical Specifications. E Coordinate delivery of salvageable material with Engineer. F When temporary, on-site storage of salvaged materials is required, comply with applicable provisions of Section 01600—Materials &Equipment. 3.02 SEDIMENT DISPOSAL A Remove sediment deposits and dispose of them at the designated spoil site for the Project. If a spoil site is not designated on the Plans,dispose of sediment off site at a location not in or adjacent to a stream or floodplain. B Off-site disposal is the responsibility of the Contractor. C Sediment to be placed at the Project Site should be spread evenly throughout the designated area,compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. D If sediment has been contaminated,it shall be disposed of in accordance with existing federal, state, and local rules and regulations. 3.03 EXCESS MATERIAL,WASTE,AND EQUIPMENT A Vegetation,rubble,broken concrete,debris,asphaltic concrete pavement,excess soil, and other materials not designated for salvage,shall become the property of Contractor and shall be removed from the Project Site and legally disposed of. B Dispose of removed equipment,materials,waste and debris in a manner conforming to applicable laws and regulations C Excess soil may be deposited on private property adjacent to the Project Site when written permission is obtained from property owner under the provisions of this Section, 1.03D. 07/2006 01562-2 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL D Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the 100-year Flood Hazard Area. E Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. F No materials shall be disposed in a manner to damage the Owner in any way. END OF SECTION fl 07/2006 01562-3 of 3 CITY OF PEARLAND TREE AND PLANT PROTECTION Section 01563 TREE AND PLANT PROTECTION 1.0 GENERAL 1.01 SECTION INCLUDES A Tree and plant protection. B References to Technical Specifications: None 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 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. (11.6\ 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 of roots or roots larger than 1-1/2 inches in diameter. 1.04 DAMAGE ASSESSMENT A 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. Trees 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. Co'N. B All necessary tree replacements shall be as approved by Engineer/Urban Forester. 02/2013 01563- 1 of 4 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. Temporary Bather Fence: Plastic, bright orange color for visibility, 48 inches in height, 8.5 pounds weight minimum. 3.0 EXECUTION 3.01 PROTECTION AND MAINTENANCE OF EXISTING TREES AND SHRUBS A Except for trees and shrubs shown on Plans to be removed,all trees and shrubs within the Project Site area are to remain and be protected from damage. B For designated trees to be removed,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. a. Trees and shrubs requiring pruning for construction should also be pruned for balance as well as to maintain proper form and branching habit. b. Cut limbs at branch collar. No stubs should remain on trees. Branch cuts should not gouge outer layer of tree structure or trunk. 2. Use extreme care to prevent excessive damage to root systems. a. 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. b. Temporarily cover exposed roots with wet burlap to prevent roots from drying out. c. Cover exposed roots with soil as soon as possible. 3. Prevent damage or compaction of root zone (area inside dripline)by construction activities. 'Th a. Do not allow scarring of trunks or limbs by equipment or other means. 02/2013 01563-2 of 4 CITY OF PEARLAND TREE AND PLANT PROTECTION (.1116\ b. Do not store construction materials, vehicles, or excavated material inside dripline of trees. c. Do not pour liquid materials inside dripline. 4. Water and fertilize trees and shrubs that will remain to maintain their health during construction period. a. Supplemental watering of landscaping during construction should be done once a week in months receiving average rainfall and twice a week in months receiving below average rainfall. b. This watering shall consist of saturating soils at least 6 to 8 inches beneath surface. 5. Water areas currently being served by private sprinkler systems while systems are temporarily taken out of service to maintain health of existing landscapes. 6. 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 PROTECTWE CONTROLS A Protection of trees or shrubs in open area: 1. Install steel drive-in fence posts in protective circle, approximately 8 feet on center,at the dripline of the leaf canopy of trees or 2 ft. around shrubs. 2. Drive steel drive-in fence posts 3 feet minimum into ground,leaving 5 feet minimum above ground. 3. For trees or shrubs in paved areas,use moveable posts constructed from concrete-filled steel pipe 2-1/2 inches minimum in diameter mounted in rubber auto tires filled with concrete. 4. Mount plastic temporary barrier safety fence on 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. 3.03 MAINTENANCE OF NEWLY PLANTED TREES A Water newly planted trees adequately to maintain and support healthy plants at the time of planting. B The Contractor guarantees that trees planted for this Work 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. 02/2013 01563-3of4 CITY OF PEARLAND TREE AND PLANT PROTECTION 2. When tree must be replaced, the guarantee period for that tree shall begin on 7 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 02/2013 01563 -4 of 4 CITY OF PEARLAND TPDES REQUIREMENTS (111116\ Section 01565 TPDES REQUIREMENTS 1.0 GENERAL A DEFINITIONS As used herein and in conjunction with TPDES General Permit No. TXR150000, the term OPERATOR refers to the CONTRACTOR. 1.01 SECTION INCLUDES A Description of the required documentation to be prepared signed and submitted by the Contractor before conducting construction operations, in accordance with the terms and conditions of the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR150000 as issued March 5, 2003, re-issued March 5, 2013, by the Texas Commission on Environmental Quality under the provisions of Section 402 of the Clean Water Act and Section 26.040 of the Texas Water Code. B Contractor's responsibility for implementation, maintenance, and inspection of storm water pollution prevention control measures including, but not limited to, erosion and sediment controls, storm water management plans, waste collection and disposal, off-site vehicle tracking, and other practices shown-on the Plans or specified elsewhere in this or other Technical Specifications. This Specification provides guidelines and Best Management Practices (BMP's) information for the Contractor to use in adhering to all local, state and federal environmental regulations with respect to storm water pollution prevention during construction activity. C References to.Technical Specifications: 1. Section 01350—Submittals 2. Section 01310—Coordination&Meetings 3. Section 01770—Contract Closeout D Referenced Standards: 1. Texas Commission on Environmental Quality(TCEQ) E Other References: 1. Storm Water Pollution Prevention Plan(SWPPP) found in Appendix A of these Technical Specifications. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 04-2013 01565- 1 of 4 CITY OF PEARLAND TPDES REQUIREMENTS 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 3.01 REQUIRED NOTICES A The Contractor shall complete, sign, and date the Contractor's Notice of Intent (NOI) attached in Appendix A. The Contractor's NOI shall be submitted to the TCEQ. It is the Contractor's responsibility to pay for any fees associated with the permit. Submission of the NOI is required by the Contractor before construction operations begin. B Upon completion of construction and acceptance of the Work by the Owner, the Contractor shall complete, sign, date and submit the Contractor's Notice of Termination(NOT) attached in Appendix A. 3.02 CERTIFICATION REQUIREMENTS A On the Operator's Information form attached in Appendix A, the Contractor shall complete name, address, and telephone number for the Contractor; the names of persons or firms responsible for maintenance and inspection of erosion and sediment control measures and all Subcontractors. B The Contractor and Subcontractors named in the Contractor's Information form shall read, sign, and date the Contractor's/Subcontractor's Certification form, attached in Appendix A. C The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the Contractor's Inspection and Maintenance Certification form, attached in Appendix A. D The Contractor's Information form and all certification forms shall be submitted to the Owner before beginning construction. E Contractor shall review implementation of the SWPPP in a meeting with the Owner and Engineer prior to start of construction in accordance with Section 01310 — Coordination&Meetings. 3.03 RETENTION OF RECORDS A The Contractor shall keep a copy of the SWPPP at the Project Site or at the Contractor's office from the date that it became effective to the date the Work is accepted by the Owner. B At Contract Closeout, the Contractor shall submit to the Owner all TPDES forms and certifications, as well as a copy of the SWPPP, in accordance with Section 04-2013 01565-2 of 4 CITY OF PEARLAND TPDES REQUIREMENTS 01770 — Contract Closeout. The SWPPP records and data will be retained by Owner for a period of 3 years from the date the Work is accepted by the Owner. 3.04 POSTING OF NOTICES A The following notices shall be posted from the date that this SWPPP goes into effect until the date the Work is accepted by the Owner: 1. Copies of the Notices of Intent submitted by the Contractor and a brief Description of Construction Activity being conducted at the Project Site, as given in Article 1 of the SWPPP, shall be posted at the Project Site or at Contractor's office in a prominent place for public viewing. 2. Notice to drivers of equipment and vehicles, instructing them to stop, check, and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. 3. In an easily visible location on Project Site,post a notice of waste disposal procedures. 4. Notice of hazardous material handling and emergency procedures shall be posted with the NOI on Project Site. Keep copies of Material Safety Data Sheets at a location on Project Site that is known to all personnel. 5. Keep a copy of each signed certification at the Project Siteor at Contractor's office. C411'6\ APPENDIX A FOLLOWS THIS SECTION END OF SECTION 04-2013 01565-3 of 4 CITY OF PEARLAND TPDES REQUIREMENTS Section 01565 TPDES REQUIREMENTS (APPENDIX A) TABLE OF CONTENTS TCEQ General Permit NOI TCEQ Form-20022 TCEQ Form-20134 NOC TCEQ Form-20391 NOT TCEQ Form-20023 Site Notice Forms 04-2013 01565 -4 of 4 ("1", Texas Commission on Environmental Quality P.O.Box 13o87,Austin,Texas 78711-3o87 S GENERAL PERMIT TO DISCHARGE UNDER THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code This permit supersedes and replaces TPDES General Permit No.TXR1.50000,issued March 5,2008 Construction sites that discharge stormwater associated with construction activity located in the state of Texas may discharge to surface water in the state only according to monitoring requirements and other conditions set forth in this general permit,as well as the rules of the Texas Commission on Environmental Quality(TCEQ or Commission),the laws of the State of Texas,and other orders of the Commission 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 stormwater and certain non-stormwater discharges along the discharge route. This includes property belonging to but not limited to any individual,partnership,corporation or other entity. Neither does this general 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 general permit and the authorization contained herein shall expire at midnight,five years from the permit effective date. EFFECTIVE DATE: March 5, 20g1ry3 ISSUED DATE: 9 2013 J I littAAT ForS441,t14L3Ai ission �I ` Construction General Permit TPDES General Permit TXR150000 TPDES GENERAL PERMIT NUMBER TXR150000 RELATING TO STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES Table of Contents Part I. Flow Chart and Definitions 5 Section A. Flow Chart to Determine Whether Coverage is Required 5 Section B. Definitions 6 Part II. Permit Applicability and Coverage 12 Section A. Discharges Eligible for Authorization 12 1. Stormwater Associated with Construction Activity 12 2. Discharges of Stormwater Associated with Construction Support Activities 12 3. Non-Stormwater Discharges 12 4. Other Permitted Discharges 13 Section B. Concrete Truck Wash Out 13 Section C. Limitations on Permit Coverage 13 1. Post Construction Discharges 13 2. Prohibition of Non-Stormwater Discharges 13 3. Compliance With Water Quality Standards 13 4. Impaired Receiving Waters and Total Maximum Daily Load(TMDL) Requirements 14 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone 14 6. Discharges to Specific Watersheds and Water Quality Areas 14 7. Protection of Streams and Watersheds by Other Governmental Entities 14 8. Indian Country Lands 14 9. Oil and Gas Production 15 10. Stormwater Discharges from Agricultural Activities 15 11. Endangered Species Act 15 12. Other 15 Section D. Deadlines for Obtaining Authorization to Discharge 15 1. Large Construction Activities 15 2. Small Construction Activities 15 Section E. Obtaining Authorization to Discharge 16 1. Automatic Authorization for Small Construction Activities With Low Potential for Erosion. 16 2. Automatic Authorization For All Other Small Construction Activities: 17 3. Authorization for Large Construction Activities: 17 Page 2 Construction General Permit TPDES General Permit TXR150000 4. Waivers for Small Construction Activities. 18 5. Effective Date of Coverage i8 6. Notice of Change(NOC) i8 7. Signatory Requirement for NOI Forms,Notice of Termination(NOT)Forms,NOC Letters,and Construction Site Notices 19 8. Contents of the NOI 19 Section F. Terminating Coverage 20 1. Notice of Termination(NOT)Required 20 2. Minimum Contents of the NOT 20 3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites 20 4. Transfer of Operational Control 21 Section G. Waivers from Coverage 21 1. Waiver Applicability and Coverage 22 2. Steps to Obtaining a Waiver 22 3. Effective Date of Waiver 22 4. Activities Extending Beyond the Waiver Period 22 Section H. Alternative TPDES Permit Coverage 23 1. Individual Permit Alternative 23 2. Individual Permit Required 23 3. Alternative Discharge Authorization 23 Section I. Permit Expiration 23 Part III. Stormwater Pollution Prevention Plans(SWP3) 24 Section A. Shared SWP3 Development 24 Section B. Responsibilities of Operators 25 1. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications 25 2. Primary Operators with Day-to-Day Operational Control 25 Section C. Deadlines for SWP3 Preparation,Implementation, and Compliance 25 Section D. Plan Review and Making Plans Available 26 Section E. Revisions and Updates to SWP3s 26 Section F. Contents of SWP3 26 Section G. Erosion and Sediment Control Requirements Applicable to All Sites 34 Part IV. Stormwater Runoff from Concrete Batch Plants 35 Section A. Benchmark Sampling Requirements 35 Section B. Best Management Practices(BMPs)and SWP3 Requirements 37 Section C. Prohibition of Wastewater Discharges 39 Page 3 Construction General Permit TPDES General Permit TXR150000 Part V. Concrete Truck Wash Out Requirements 40 Part VI. Retention of Records 40 Part VII.Standard Permit Conditions 40 Part VIII. Fees 41 Appendix A: Automatic Authorization 43 Appendix B: Erosivity Index(EI)Zones in Texas 45 Appendix C: Isoerodent Map 46 Appendix D: Erosivity Indices for EI Zones in Texas 47 Page 4 Construction General Permit TPDES General Permit TXR150000 (01°.*`. Part I. Flow Chart and Definitions Section A. Flow Chart to Determine Whether Coverage is Required How much land will be disturbed?(*1) • < 1 acre 1 or more acres • (*1) . 0 1) • No Do you meet the yy;g Will 5 or more 4 • definition of ► acres be disturbed? "operator?"(*2) (*1) •No YEs Permit Coverage Required • • Prepare and implement SWP3 • Post Site Notice • Submit Copy of Site'Notice to MS4 Operator • Are-you a"primary • • NO operator?,(*2) Yrs . Permit Coverage Not Required.Unless Part • r Permit Coverage Required of a Larger Common • Prepare and Implement SWP3 Plan of Development • Submit NOI to TCEQ or Sale • Post Site Notice • Submit Copy ofNO1 to MS4 Operator (•() To determine the size of the construction project,use the size of the entire area to be disturbed,and include the size of the larger common plan of development or sale,if the project is part of a larger project(refer to fart I.I1.. "Definitions,"for an explanation of"common plan of development or sale"). (*2) Refer to the definitions fir`operator,""primary operator,"and"secondary operator"in Part I., Section$.of this permit. Page 5 Construction General Permit TPDES General Permit TXR150000 Section B. Definitions Arid Areas-Areas with an average annual rainfall of o to 10 inches. Best Management Practices(BMPs)-Schedules of activities,prohibitions of practices, maintenance procedures,structural controls,local ordinances,and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements,operating procedures, and practices to control construction site runoff,spills or leaks,waste disposal,or drainage from raw material storage areas. Commencement of Construction-The initial disturbance of soils associated with clearing,grading,or excavation activities,as well as other construction-related activities (e.g.,stockpiling of fill material,demolition). Common Plan of Development-A construction activity that is completed in separate stages,separate phases,or in combination with other construction activities. A common plan of development(also known as a"common plan of development or sale")is identified by the documentation for the construction project that identifies the scope of the project,and may include plats,blueprints,marketing plans, contracts,building permits,a public notice or hearing,zoning requests,or other similar documentation and activities. A common plan of development does not necessarily include all construction projects within the jurisdiction of a public entity(e.g.,a city or university). Construction of roads or buildings in different parts of the jurisdiction would be considered separate"common plans,"with only the interconnected parts of a project being considered part of a"common plan"(e.g., a building and its associated parking lot and driveways,airport runway and associated taxiways, a building complex, etc.). Where discrete construction projects occur within a larger common plan of development or sale but are located 1/4 mile or more apart,and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale,provided that any interconnecting road,pipeline or utility project that is part of the same"common plan"is not included in the area to be disturbed. Construction Activity-Includes soil disturbance activities,including clearing,grading, and excavating; and does not include routine maintenance that is performed to maintain the original line and grade,hydraulic capacity,or original purpose of the site(e.g.,the routine grading of existing dirt roads,asphalt overlays of existing roads,the routine clearing of existing right-of-ways,and similar maintenance activities).Regulated construction activity is defined in terms of small and large construction activity. Dewatering—The act of draining rainwater or groundwater from building foundations, vaults,and trenches. Discharge—For the purposes of this permit,the drainage,release,or disposal of pollutants in stormwater and certain non-stormwater from areas where soil disturbing activities(e.g., clearing,grading,excavation,stockpiling of fill material, and demolition),construction materials or equipment storage or maintenance(e.g.,fill piles,borrow area,concrete truck wash out,fueling),or other industrial stormwater directly related to the construction process (e.g.,concrete or asphalt batch plants)are located. Drought-Stricken Area—For the purposes of this permit, an area in which the National Oceanic and Atmospheric Administration's U.S. Seasonal Drought Outlook indicates for the period during which the construction will occur that any of the following conditions are likely: (1)"Drought to persist or intensify", (2)"Drought ongoing,some improvement", (3) "Drought likely to improve,impacts ease",or(4)"Drought development likely". See http://www.cpc.ncep.noaa.gov/products/expert assessment/seasonal drought.html. Edwards Aquifer-As defined under Texas Administrative Code(TAC) §213.3 of this title (relating to the Edwards Aquifer),that portion of an arcuate belt of porous,water-bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to northeast in Kinney, Uvalde,Medina, Bexar, Comal, Hays,Travis, and Williamson Counties; and composed of the Salmon Peak Page 6 Construction General Permit TPDES General Permit TXR150oo0 Limestone,McKnight Formation,West Nueces Formation,Devil's River Limestone,Person Formation,Kainer Formation, Edwards Formation,and Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south,overlie the less-permeable Comanche Peak and Walnut Formations north of the Colorado River,and underlie the less-permeable Del Rio Clay regionally. Edwards Aquifer Recharge Zone-Generally,that area where the stratigraphic units constituting the Edwards Aquifer crop out,including the outcrops of other geologic formations in proximity to the Edwards Aquifer,where caves,sinkholes,faults,fractures,or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated as such on official maps located in the offices of the Texas Commission on Environmental Quality(TCEQ)and the appropriate regional office. The Edwards Aquifer Map Viewer,located at http://www.tceq.texas.gov/compliance/field ops/eapp/mapdisclaimer.html,can be used to determine where the recharge zone is located. Edwards Aquifer Contributing Zone-The area or watershed where runoff from precipitation flows downgradient to the recharge zone of the Edwards Aquifer.The contributing zone is located upstream(upgradient)and generally north and northwest of the recharge zone for the following counties: all areas within Kinney County,except the area within the watershed draining to Segment No.2304 of the Rio Grande Basin;all areas within Uvalde,Medina, Bexar,and Comal Counties; all areas within Hays and Travis Counties, except the area within the watersheds draining to the Colorado River above a point 1.3 miles upstream from Tom Miller Dam,Lake Austin at the confluence of Barrow Brook Cove, Segment No.i4o3 of the Colorado River Basin;and all areas within Williamson County, except the area within the watersheds draining to the Lampasas River above the dam at Stillhouse Hollow reservoir,Segment No. 1216 of the Brazos River Basin.The contributing zone is illustrated on the Edwards Aquifer map viewer at http://wvw.tceq.texas.gov/compliance/field ops/eapp/mapdisclaimer.html. Effluent Limitations Guideline (ELG)—Defined in 4o Code of Federal Regulations (CFR) §122.2 as a regulation published by the Administrator under§3o4(b)of the Clean Water Act(CWA)to adopt or revise effluent limitations. Facility or Activity—For the purpose of this permit, a construction site or construction support activity that is regulated under this general permit,including all contiguous land and fixtures(for example,ponds and materials stockpiles),structures,or appurtances used at a construction site or industrial site described by this general permit. Final Stabilization-A construction site status where any of the following conditions are met: A. All soil disturbing activities at the site have been completed and a uniform(that is,evenly distributed,without large bare areas)perennial vegetative cover with a density of at least 7o%of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures,or equivalent permanent stabilization measures(such as the use of riprap,gabions,or geotextiles)have been employed. B. For individual lots in a residential construction site by either: (1) the homebuilder completing 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.If temporary stabilization is not feasible,then the homebuilder may fulfill this requirement by (11111 retaining perimeter controls or BMPs,and informing the homeowner of the need for removal of temporary controls and the establishment of final stabilization. Page 7 Construction General Permit TPDES General Permit TXR150oo0 Fullfillment of this requirement must be documented in the homebuilder's r.'1) stormwater pollution prevention plan(SWP3). C. For construction activities on land used for agricultural purposes(such as 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 surface water and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition(a)above. D. In arid,semi-arid,and drought-stricken areas only,all soil disturbing activities at the site have been completed and both of the following criteria have been met: (1) Temporary erosion control measures (for example, degradable rolled erosion control product)are selected,designed, and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by the operator,and (2) The temporary erosion control measures are selected,designed,and installed to achieve 7o%of the native background vegetative coverage within three years. Hyperchlorination of Waterlines—Treatment of potable water lines or tanks with chlorine for disinfection purposes,typically following repair or partial replacement of the waterline or tank,and subsequently flushing the contents. Impaired Water-A surface water body that is identified on the latest approved CWA §303(d)List as not meeting applicable state water quality standards.Impaired waters include waters with approved or established total maximum daily loads(TMDLs),and those where a TMDL has been proposed by TCEQ but has not yet been approved or established. Indian Country Land—(from 4o CFR§122.2) (1)all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent,and,including rights-of-way running through the reservation; (2)all dependent Indian communities with the borders of the United States whether within the originally or subsequently acquired territory thereof,and whether within or without the limits of a state; and(3)all Indian allotments,the Indian titles to which have not been extinguished,including rights-of-way running through the same. Indian Tribe-(from 4o CFR§122.2)any Indian Tribe,band,group,or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian Reservation. Large Construction Activity-Construction activities including clearing,grading,and excavating that result in land disturbance of equal to or greater than five(5)acres of land. Large construction activity also includes the disturbance of less than five(5)acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five(5)acres of land. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade,hydraulic capacity,or original purpose of the site(for example,the routine grading of existing dirt roads,asphalt overlays of existing roads,the routine clearing of existing right-of-ways,and similar maintenance activities.) Linear Project—Includes the construction of roads,bridges,conduits,substructures, pipelines,sewer lines,towers,poles,cables,wires,connectors,switching,regulating and transforming equipment and associated ancillary facilities in a long, narrow area. Minimize-To reduce or eliminate to the extent achievable using stormwater controls that are technologically available and economically practicable and achievable in light of best industry practices. Page 8 Construction General Permit TPDES General Permit TXR150000 Municipal Separate Storm Sewer System(MS4)-A separate storm sewer system owned or operated by the United States,a state,city,town,county,district,association, or other public body(created by or pursuant to state law)having jurisdiction over the disposal of sewage,industrial wastes,stormwater,or other wastes,including special districts under state law such as a sewer district,flood control or drainage district,or similar entity,or an Indian tribe or an authorized Indian tribal organization,that discharges to surface water in the state. Notice of Change(NOC)—Written notification to the executive director from a discharger authorized under this permit,providing changes to information that was previously provided to the agency in a notice of intent form. Notice of Intent(NOI)-A written submission to the executive director from an applicant requesting coverage under this general permit. Notice of Termination(NOT)-A written submission to the executive director from a discharger authorized under a general permit requesting termination of coverage. Operator-The person or persons associated with a large or small construction activity that is either a primary or secondary operator as defined below: Primary Operator—the person or persons associated with a large or small construction activity that meets either of the following two criteria: (a) the person or persons have on-site operational control over construction plans and specifications,including the ability to make modifications to those plans and specifications;or (b) the person or persons have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a Storm Water Pollution Prevention Plan(SWP3)for the site or other permit conditions(for example,they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions). Secondary Operator—The person or entity,often the property owner,whose operational control is limited to: (a) the employment of other operators,such as a general contractor,to perform or supervise construction activities; or (b) the ability to approve or disapprove changes to construction plans and specifications, but who does not have day-to-day on-site operational control over construction activities at the site. Secondary operators must either prepare their own SWP3 or participate in a shared SWP3 that covers the areas of the construction site where they have control over the plans and specifications. If there is not a primary operator at the construction site,then the secondary operator is defined as the primary operator and must comply with the requirements for primary operators. Outfall-For the purpose of this permit,a point source at the point where stormwater runoff associated with construction activity discharges to surface water in the state and does not include open conveyances connecting two municipal separate storm sewers,or pipes, tunnels,or other conveyances that connect segments of the same stream or other water of the U.S.and are used to convey waters of the U.S. Permittee-An operator authorized under this general permit The authorization may be gained through submission of a notice of intent,by waiver,or by meeting the requirements for automatic coverage to discharge stormwater runoff and certain non-stormwater discharges. Page 9 Construction General Permit TPDES General Permit TXR150000 Point Source—(from 4o CFR§122.2)Any discernible,confined, and discrete conveyance, including but not limited to,any pipe, ditch,channel,tunnel,conduit,well, discrete fissure, container,rolling stock concentrated animal feeding operation,landfill leachate collection system,vessel or other floating craft from which pollutants are,or may be,discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. Pollutant-Dredged spoil,solid waste,incinerator residue,sewage,garbage,sewage sludge, filter backwash,munitions, chemical wastes,biological materials,radioactive materials,heat, wrecked or discarded equipment,rock,sand,cellar dirt,and industrial,municipal,and agricultural waste discharged into any surface water in the state. The term"pollutant"does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland,pastureland,and farmland. For the purpose of this permit,the term "pollutant"includes sediment. Pollution-.(from Texas Water Code(TWC) §26.001(14))The alteration of the physical, thermal,chemical,or biological quality of,or the contamination of,any surface water in the state that renders the water harmful,detrimental,or injurious to humans,animal life, vegetation,or property or to public health,safety,or welfare,or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Rainfall Erosivity Factor(R factor)-the total annual erosive potential that is due to climatic effects, and is part of the Revised Universal Soil Loss Equation(RUSLE). Receiving Water-A"Water of the United States"as defined in 40 CFR§122.2 into which the regulated stormwater discharges. Semiarid Areas-areas with an average annual rainfall of io to 20 inches Separate Storm Sewer System-A conveyance or system of conveyances(including roads with drainage systems,streets, catch basins,curbs,gutters, ditches,man-made channels, or storm drains),designed or used for collecting or conveying stormwater;that is not a combined sewer, and that is not part of a publicly owned treatment works(POTW). Small Construction Activity-Construction activities including clearing,grading,and excavating that result in land disturbance of equal to or greater than one(1)acre and less than five(5)acres of land.Small construction activity also includes the disturbance of less than one(1)acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one(1)and less than five(5)acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade,hydraulic capacity,or original purpose of the site(for example,the routine grading of existing dirt roads,asphalt overlays of existing roads,the routine clearing of existing right-of-ways,and similar maintenance activities.) Steep Slopes—Where a state,Tribe,local government,or industry technical manual(e.g. stormwater BMP manual)has defined what is to be considered a"steep slope",this permit's definition automatically adopts that definition.Where no such definition exists,steep slopes are automatically defined as those that are 15 percent or greater in grade. Stormwater(or Stormwater Runoff)-Rainfall runoff,snow melt runoff, and surface runoff and drainage. Stormwater Associated with Construction Activity-Stormwater 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 reduce or prevent pollution in stormwater Page 10 Construction General Permit TPDES General Permit TXRi50000 (111111 runoff. Structural controls and practices may include but are not limited to: silt fences, earthen dikes,drainage swales,sediment traps,check dams,subsurface drains,storm drain inlet protection,rock outlet protection,reinforced soil retaining systems,gabions,and temporary or permanent sediment basins. Surface Water in the State- Lakes,bays,ponds,impounding reservoirs,springs,rivers, streams, creeks,estuaries,wetlands,marshes,inlets, canals,the Gulf of Mexico inside the territorial limits of the state(from the mean high water mark(MHWM)out io.36 miles into the Gulf),and all other bodies of surface water,natural or artificial,inland or coastal,fresh or salt,navigable or nonnavigable,and including the beds and banks of all water-courses and bodies of surface water,that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law,regulation, or permit,and which are created for the purpose of waste treatment are not considered to be water in the state. Temporary Stabilization-A condition where exposed soils or disturbed areas are provided a protective cover or other structural control to prevent the migration of pollutants. Temporary stabilization may include temporary seeding,geotextiles,mulches,and other techniques to reduce or eliminate erosion until either permanent stabilization can be achieved or until further construction activities take place. Total Maximum Daily Load(TMDL)-The total amount of a pollutant that a water body can assimilate and still meet the Texas Surface Water Quality Standards. Turbidity—A condition of water quality characterized by the presence of suspended solids and/or organic material. Waters of the United States-(from 4o CFR§122.2)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: (i) which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce;or (3) which are used or could be used for industrial purposes by industries in interstate commerce; (d) all impoundments of waters otherwise defined as waters of the United States under this definition; (e) tributaries of waters identified in paragraphs (a)through(d)of this definition; (f) the territorial sea; and (g) wetlands adjacent to waters(other than waters that are themselves wetlands) identified in paragraphs(a)through(f)of this definition. Waste treatment systems,including treatment ponds or lagoons designed to meet the requirements of CWA(other than cooling ponds as defined in 4o CFR§423.ii(m)which also (1111b\ meet the criteria of this definition)are not waters of the U.S. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the U.S. (such as Page ii Construction General Permit TPDES General Permit TXR150000 disposal area in wetlands)nor resulted from the impoundment of waters of the U.S. Waters of the U.S.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 CWA,the final authority regarding CWA jurisdiction remains with EPA. Part II. Permit Applicability and Coverage Section A. Discharges Eligible for Authorization 1. Stormwater Associated with Construction Activity Discharges of stormwater runoff from small and large construction activities may be authorized under this general permit. 2. Discharges of Stormwater Associated with Construction Support Activities Examples of construction support activities include,but are not limited to,concrete batch plants,rock crushers,asphalt batch plants,equipment staging areas,material storage yards,material borrow areas,and excavated material disposal areas. Construction support activities authorized under this general permit are not commercial operations,and do not serve multiple unrelated construction projects. Discharges of stormwater runoff from construction support activities may be authorized under this general permit,provided that the following conditions are met: (a) the activities are located within one(1)mile from the boundary of the permitted construction site and directly support the construction activity; (b) an SWP3 is developed for the permitted construction site according to the provisions of this general permit,and includes appropriate controls and measures to reduce erosion and discharge of pollutants in stormwater runoff from the construction support activities; and (c) the construction support activities either do not operate beyond the completion date of the construction activity or,at the time that they do, are authorized under separate Texas Pollutant Discharge Elimination System(TPDES)authorization. Separate TPDES authorization may include the TPDES Multi Sector General Permit(MSGP), TXRo50000(related to stormwater discharges associated with industrial activity), separate authorization under this general permit if applicable,coverage under an alternative general permit if available, or authorization under an individual water quality permit. 3. Non-Stormwater Discharges The following non-stormwater discharges from sites authorized under this general permit are also eligible for authorization under this general permit: (a) discharges from fire fighting activities(fire fighting activities do not include washing of trucks,run-off water from training activities,test water from fire suppression systems, or similar activities); (b) uncontaminated fire hydrant flushings(excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life),which include flushings from systems that utilize potable water,surface water,or groundwater that does not contain additional pollutants(uncontaminated fire hydrant flushings do not include systems utilizing reclaimed wastewater as a source water); (c) water from the routine external washing of vehicles,the external portion of buildings or structures, and pavement,where detergents and soaps are not used,where spills or leaks of toxic or hazardous materials have not occurred(unless spilled materials Page 12 Construction General Permit TPDES General Permit TXR150000 have been removed; and if local state,or federal regulations are applicable,the materials are removed according to those regulations),and where the purpose is to remove mud,dirt,or dust; (d) uncontaminated water used to control dust; (e) potable water sources,including waterline flushings,but excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life; (f) uncontaminated air conditioning condensate; (g) uncontaminated ground water or spring water,including foundation or footing drains where flows are not contaminated with industrial materials such as solvents; and (h)lawn watering and similar irrigation drainage. 4. Other Permitted Discharges Any discharge authorized under a separate National Pollutant Discharge Elimination System(NPDES),TPDES,or TCEQ permit may be combined with discharges authorized by this general permit,provided those discharges comply with the associated permit. Section B. Concrete Truck Wash Out The wash out of concrete trucks at regulated construction sites must be performed in accordance with the requirements of Part V of this general permit. Section C. Limitations on Permit Coverage (111111.\ 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)or removal of the appropriate site notice,as applicable,for the regulated construction activity. 2. Prohibition of Non-Stormwater Discharges Except as otherwise provided in Part II.A.of this general permit,only discharges that are composed entirely of stormwater associated with construction activity may be authorized under this general permit. 3. Compliance With Water Quality Standards Discharges to surface water in the state that would cause,have the reasonable potential to cause,or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses are not eligible for coverage under this general permit. The executive director may require an application for an individual permit or alternative general permit(see Parts II.H.2.and 3.)to authorize discharges to surface water in the state if the executive director determines that any activity will cause, has the reasonable potential to cause,or contribute to a violation of water quality standards or is found to cause,has the reasonable potential to cause,or contribute to, the impairment of a designated use. The executive director may also require an application for an individual permit considering factors described in Part II.H.2.of this general permit. Page 13 Construction General Permit TPDES General Permit TXRi50000 4. Impaired Receiving Waters and Total Maximum Daily Load(TMDL)Requirements New sources or new discharges of the pollutants of concern to impaired waters are not authorized by this permit unless otherwise allowable under 3o 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 CWA§3o3(d)List.Pollutants of concern are those for which the water body is listed as impaired. Discharges of the pollutants of concern to impaired water bodies for which there is a TMDL are not eligible for this general permit unless they are consistent with the approved TMDL. Permittees must incorporate the conditions and requirements applicable to their discharges into their SWP3,in order to be eligible for coverage under this general permit. For consistency with the construction stormwater-related items in an approved TMDL,the SWP3 must be consistent with any applicable condition,goal,or requirement in the TMDL,TMDL Implementation Plan(I-Plan), or as otherwise directed by the executive director. 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone Discharges cannot be authorized by this general permit where prohibited by 3o TAC Chapter 213(relating to Edwards Aquifer). In addition,commencement of construction (i.e.,the initial disturbance of soils associated with clearing, grading,or excavating activities,as well as other construction-related activities such as stockpiling of fill material and demolition)at a site regulated under 3o TAC Chapter 213,may not begin until the appropriate Edwards Aquifer Protection Plan(EAPP)has been approved by the TCEQ's Edwards Aquifer Protection Program. (a) For new discharges located within the Edwards Aquifer Recharge Zone,or within that area upstream from the recharge zone and defined as the Contributing Zone (CZ), operators must meet all applicable requirements of, and operate according to, 3o TAC Chapter 213(Edwards Aquifer Rule)in addition to the provisions and requirements of this general permit. (b) For existing discharges located within the Edwards Aquifer Recharge Zone,the requirements of the agency-approved Water Pollution Abatement Plan(WPAP) under the Edwards Aquifer Rule is in addition to the requirements of this general permit. BMPs and maintenance schedules for structural stormwater 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 stormwater runoff are in addition to the requirements in this general permit for this pollutant. 6. Discharges to Specific Watersheds and Water Quality Areas Discharges otherwise eligible for coverage cannot be authorized by this general permit where prohibited by 3o TAC Chapter 311(relating to Watershed Protection)for water quality areas and watersheds. 7. Protection of Streams and Watersheds by Other Governmental Entities This general permit does not limit the authority or ability of federal, other state,or local governmental entities from placing additional or more stringent requirements on construction activities or discharges from construction activities. For example,this permit does not limit the authority of a home-rule municipality provided by Texas Local Government Code§401.002. 8. Indian Country Lands Stormwater 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 stormwater require authorization under federal NPDES Page 14 Construction General Permit TPDES General Permit TXR150000 regulations,authority for these discharges must be obtained from the U.S. Environmental Protection Agency(EPA). 9. Oil and Gas Production Stormwater runoff from construction activities associated with the exploration, development,or production of oil or gas or geothermal resources,including transportation of crude oil or natural gas by pipeline,are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of stormwater require authorization under federal NPDES regulations,authority for these discharges must be obtained from the EPA. 10. Stormwater Discharges from Agricultural Activities Stormwater discharges from agricultural activities that are not point source discharges of stormwater 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. Discharges of stormwater runoff associated with the construction of facilities that are subject to TPDES regulations,such as the construction of concentrated animal feeding operations,would be point sources regulated under this general permit. 11. Endangered Species Act Discharges that would adversely affect a listed endangered or threatened aquatic or aquatic-dependent species or its critical habitat are not authorized by this permit,unless the requirements of the Endangered Species Act are satisfied.Federal requirements related to endangered species apply to all TPDES permitted discharges and site-specific controls may be required to ensure that protection of endangered or threatened species is achieved. If a permittee has concerns over potential impacts to listed species,the permittee may contact TCEQ for additional information. 12. Other Nothing in Part II of the general permit is intended to negate any person's ability to assert the force majeure(act of God,war,strike,riot,or other catastrophe)defenses found in go TAC§70.7. Section D. Deadlines for Obtaining Authorization to Discharge 1. Large Construction Activities (a) New Construction-Discharges from sites where the commencement of construction occurs on or after the effective date of this general permit must be authorized, either under this general permit or a separate TPDES permit,prior to the commencement of those construction activities. (b) Ongoing Construction-Operators of large construction activities continuing to operate after the effective date of this permit,and authorized under TPDES general permit TXRiS0000 (effective on March 5,2008),must submit an NOI to renew authorization or a NOT to terminate coverage under this general permit within 90 days of the effective date of this general permit. During this interim period,as a requirement of this TPDES permit,the operator must continue to meet the conditions and requirements of the previous TPDES permit. 2. Small Construction Activities (a) New Construction-Discharges from sites where the commencement of construction occurs on or after the effective date of this general permit must be authorized,either Page 15 Construction General Permit TPDES General Permit TXRi50000 under this general permit or a separate TPDES permit,prior to the commencement of those construction activities. (b) Ongoing Construction-Discharges from ongoing small construction activities that commenced prior to the effective date of this general permit, and that would not meet the conditions to qualify for termination of this permit as described in Part II.E.of this general permit,must meet the requirements to be authorized, either under this general permit or a separate TPDES permit,within 90 days of the effective date of this general permit. During this interim period,as a requirement of this TPDES permit,the operator must continue to meet the conditions and requirements of the previous TPDES permit. Section E. Obtaining Authorization to Discharge 1. Automatic Authorization for Small Construction Activities With Low Potential for Erosion: If all of the following conditions are met,then a small construction activity is determined to occur during periods of low potential for erosion, and a site operator may be automatically authorized under this general permit without being required to develop an SWP3 or submit an NOI: (a) the construction activity occurs in a county listed in Appendix A; (b) the construction activity is initiated and completed,including either final or temporary stabilization of all disturbed areas,within the time frame identified in Appendix A for the location of the construction site; (c) all temporary stabilization is adequately maintained to effectively reduce or prohibit erosion,permanent stabilization activities have been initiated,and a condition of final stabilization is completed no later than 3o 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 TCEQ construction site notice,including the certification statement; (e) a signed copy of the construction site notice is posted at the construction site in a location where it is readily available for viewing by the general public,local,state,and federal authorities prior to commencing construction activities,and maintained in that location until completion of the construction activity; (f) a copy of the signed and certified construction site notice is provided to the operator of any MS4 receiving the discharge at least two days prior to commencement of construction activities; (g) any supporting concrete batch plant or asphalt batch plant is separately authorized for discharges of stormwater runoff or other non-stormwater discharges under an individual TPDES permit,another TPDES general permit, or under an individual TCEQ permit where stormwater and non-stormwater is disposed of by evaporation or irrigation(discharges are adjacent to water in the state); and (h) any non-stormwater discharges are either authorized under a separate permit or authorization,or are not considered to be a wastewater. Part II.G.of this general permit describes how an operator may apply for and obtain a waiver from permitting,for certain small construction activities that occur during a period with a low potential for erosion,where automatic authorization under this section is not available. fl Page 16 Construction General Permit TPDES General Permit TXRi50000 (1111111 , 2. Automatic Authorization For All Other Small Construction Activities: Operators of small construction activities not described in Part II.E.i.above maybe automatically authorized under this general permit,and operators of these sites shall not be required to submit an NOI,provided that they meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit,that covers either the entire site or all portions of the site for which the applicant is the operator,and implement that plan prior to commencing construction activities; (b) sign and certify a completed TCEQ small construction site notice,post the notice at the construction site in a location where it is safely and readily available for viewing by the general public,local,state,and federal authorities,prior to commencing construction,and maintain the notice in that location until completion of the construction activity(for linear construction activities, e.g.pipeline or highway,the site notice must be placed in a publicly accessible location near where construction is actively underway;notice for these linear sites may be relocated,as necessary,along the length of the project,and the notice must be safely and readily available for viewing by the general public;local,state,and federal authorities); and (c) provide a copy of the signed and certified construction site notice to the operator of any municipal separate storm sewer system receiving the discharge prior to commencement of construction activities. Operators of small construction activities as defined in Part I.B of this general permit shall not submit an NOI for coverage unless otherwise required by the executive director. As described in Part I(Definitions)of this general permit,large construction activities include those that will-disturb'less than five(5)acres of land,but that are part of a larger common plan of development or sale that will ultimately disturb five(5)or more acres of land,and must meet the requirements of Part II.E.3.below. 3. Authorization for Large Construction Activities: Operators of large construction activities that qualify for coverage under this general permit must meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit that covers either the entire site or all portions of the site for which the applicant is the operator,and implement that plan prior to commencing construction activities; (b) primary operators must submit an NOI,using a form provided by the executive director,at least seven(7)days prior to commencing construction activities,or if utilizing electronic submittal,prior to commencing construction activities. If an additional primary operator is added after the initial NOI is submitted,the new primary operator must submit an NOI at least seven(7)days before assuming operational control,or if utilizing electronic NOI submittal,prior to assuming operational control. If the primary operator changes after the initial NOI is submitted,the new primary operator must submit a paper NOI or an electronic NOI at least ten(io)days before assuming operational control; (c) all operators of large construction activities must post a site notice in accordance with Part III.D.2.of this permit. The site notice must be located where it is safely and readily available for viewing by the general public,local,state,and federal authorities prior to commencing construction,and must be maintained in that location until completion of the construction activity(for linear construction activities, e.g.pipeline or highway,the site notice must be placed in a publicly accessible location near where construction is actively underway;notice for these linear sites may be relocated,as necessary,along the length of the project,and the notice must be:safely and readily (1111116.‘' available for viewing by the general public;local,state,and federal authorities); Page 17 Construction General Permit TPDES General Permit TXR150000 (d) prior to commencing construction activities,all primary operators must(1)provide a copy of the signed NOI to the operator of any MS4 receiving the discharge and to any secondary construction operator, and(2)list in the SWP3 the names and addresses of all MS4 operators receiving a copy; (e) all persons meeting the definition of"secondary operator"in Part I of this permit are hereby notified that they are regulated under this general permit,but are not required to submit an NOI,provided that a primary operator at the site has submitted an NOI,or is required to submit an NOI,and the secondary operator has provided notification to the operator(s)of the need to obtain coverage(with records of notification available upon request). Any secondary operator notified under this provision may alternatively submit an NOI under this general permit,may seek coverage under an alternative TPDES individual permit,or may seek coverage under an alternative TPDES general permit if available; and (f) all secondary operators must provide a copy of the signed and certified Secondary Operator construction site notice to the operator of any MS4 receiving the discharge prior to commencement of construction activities. 4. Waivers for Small Construction Activities: Part II.G.describes how operators of certain small construction activities may obtain a waiver from coverage. 5. Effective Date of Coverage (a) Operators of small construction activities as described in either Part II.E.1.or II.E.2. above are authorized immediately following compliance with the applicable conditions of Part II.E.i.or II.E.2. Secondary operators of large construction activities as described in Part II.E.3.above are authorized immediately following compliance with the applicable conditions in Part II.E.3. For activities located in areas regulated by 3o TAC Chapter 213,related to the Edwards Aquifer,this authorization to discharge is separate from the requirements of the operator's responsibilities under that rule. Construction may not commence for sites regulated under 3o TAC Chapter 213 until all applicable requirements of that rule are met. (b) Primary operators of large construction activities as described in Part II.E.3. above are provisionally authorized seven(7)days from the date that a completed NOI is postmarked for delivery to the TCEQ,unless otherwise notified by the executive director. If electronic submission of the NOI is provided, and unless otherwise notified by the executive director,primary operators are authorized immediately following confirmation of receipt of the NOI by the TCEQ. Authorization is non- provisional when the executive director finds the NOI is administratively complete and an authorization number is issued for the activity. For activities located in areas regulated by 3o TAC Chapter 213,related to the Edwards Aquifer,this authorization to discharge is separate from the requirements of the operator's responsibilities under that rule. Construction may not commence for sites regulated under 3o TAC Chapter 213 until all applicable requirements of that rule are met. (c) Operators are not prohibited from submitting late NOIs or posting late notices to obtain authorization under this general permit. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted activities that may have occurred between the time construction commenced and authorization was obtained. 6. Notice of Change(NOC) If relevant information provided in the NOI changes,an NOC must be submitted at least 14 days before the change occurs,if possible. Where 14-day advance notice is not possible,the operator must submit an NOC within 14 days of discovery of the change. If Page 18 Construction General Permit TPDES General Permit TXRi50000 the operator becomes aware that it failed to submit any relevant facts or submitted incorrect information in an NOI,the correct information must be provided to the executive director in an NOC within 14 days after discovery. The NOC shall be submitted on a form provided by the executive director,or by letter if an NOC form is not available. A copy of the NOC must also be provided to the operator of any MS4 receiving the discharge, and a list must be included in the SWP3 that includes the names and addresses of all MS4 operators receiving a copy. Information that may be included on an NOC includes,but is not limited to,the following: the description of the construction project,an increase in the number of acres disturbed(for increases of one or more acres),or the operator name. A transfer of operational control from one operator to another,including a transfer of the ownership of a company,may not be included in an NOC. A transfer of ownership of a company includes changes to the structure of a company, such as changing from a partnership to a corporation or changing corporation types,so that the filing number(or charter number)that is on record with the Texas Secretary of State must be changed. An NOC is not required for notifying TCEQ of a decrease in the number of acres disturbed. This information must be included in the SWP3 and retained on site. 7. Signatory Requirement for NOI Forms,Notice of Termination(NOT)Forms,NOC Letters, and Construction Site Notices NOI forms,NOT forms,NOC letters,and Construction Site Notices that require a signature must be signed according to 3o TAC§305.44(relating to Signatories for Applications). (1.1.k\ 8. Contents of the NOI The NOI form shall require,at a minimum,the following information: (a) the TPDES CGP authorization number for existing authorizations under this general permit,where the operator submits an NOI to renew coverage within 90 days of the effective date of this general permit; (b) the name,address, and telephone number of the operator filing the NOI for permit coverage; (c) the name(or other identifier),address,county,and latitude/longitude of the construction project or site; (d) the number of acres that will be disturbed by the applicant; (e) confirmation that the project or site will not be located on Indian Country lands; (f) confirmation that a SWP3 has been developed in accordance with this general permit, that it will be implemented prior to construction,and that it is compliant with any applicable local sediment and erosion control plans;for multiple operators who prepare a shared SWP3,the confirmation for an operator maybe limited to its obligations under the SWP3 provided all obligations are confirmed by at least one operator; (g) name of the receiving water(s); (h)the classified segment number for each classified segment that receives discharges from the regulated construction activity(if the discharge is not directly to a classified segment,then the classified segment number of the first classified segment that those discharges reach); and (i) the name of all surface waters receiving discharges from the regulated construction activity that are on the latest EPA-approved CWA§3o3(d)List of impaired waters. Page 19 Construction General Permit TPDES General Permit TXR150000 Section F. Terminating Coverage 1. Notice of Termination(NOT)Required Each operator that has submitted an NOI for authorization under this general permit must apply to terminate that authorization following the conditions described in this section of the general permit. Authorization must be terminated by submitting an NOT on a form supplied by the executive director. Authorization to discharge under this general permit terminates at midnight on the day the NOT is postmarked for delivery to the TCEQ. If electronic submission of the NOT is provided,authorization to discharge under this permit terminates immediately following confirmation of receipt of the NOT by the TCEQ. Compliance with the conditions and requirements of this permit is required until an NOT is submitted. The NOT must be submitted to TCEQ,and a copy of the NOT provided to the operator of any MS4 receiving the discharge(with a list in the SWP3 of the names and addresses of all MS4 operators receiving a copy),within 3o days after any of the following conditions are met: (a) final stabilization has been achieved on all portions of the site that are the responsibility of the permittee; (b) a transfer of operational control has occurred(See Section II.F.4.below); or (c) the operator has obtained alternative authorization under an individual TPDES permit or alternative TPDES general permit. 2. Minimum Contents of the NOT The NOT form shall require,at a minimum,the following information: (a) if authorization was granted following submission of an NOI,the permittee's site- specific TPDES authorization number for the construction site; (b) an indication of whether the construction activity is completed or if the permittee is simply no longer an operator at the site; (c) the name,address,and telephone number of the permittee submitting the NOT; (d) the name(or other identifier),address,county,and location(latitude/longitude)of the construction project or site; and (e) a signed certification that either all stormwater discharges requiring authorization under this general permit will no longer occur,or that the applicant is no longer the operator of the facility or construction site,and that all temporary structural erosion controls have either been removed,will be removed on a schedule defined in the SWP3,or have been transferred to a new operator if the new operator has applied for permit coverage. Erosion controls that are designed to remain in place for an indefinite period,such as mulches and fiber mats,are not required to be removed or scheduled for removal. 3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites Each operator that has obtained automatic authorization and has not been required to submit an NOI must remove the site notice upon meeting any of the conditions listed below,complete the applicable portion of the site notice related to removal of the site notice, and submit a copy of the completed site notice to the operator of any MS4 receiving the discharge(or provide alternative notification as allowed by the MS4 operator,with documentation of such notification included in the SWP3),within 3o days of meeting any of the following conditions: Page 20 Construction General Permit TPDES General Permit TXR150000 (a) final stabilization has been achieved on all portions of the site that are the responsibility of the permittee; (b) a transfer of operational control has occurred(See Section II.F.4.below); or (c) the operator has obtained alternative authorization under an individual or general TPDES permit. Authorization to discharge under this general permit terminates immediately upon removal of the applicable site notice. Compliance with the conditions and requirements of this permit is required until the site notice is removed. 4. Transfer of Operational Control Coverage under this general permit is not transferable. A transfer of operational control includes changes to the structure of a company,such as changing from a partnership to a corporation,or changing to a different corporation type such that a different filing(or charter)number is established with the Texas Secretary of State. When the primary operator of a large construction activity changes or operational control is transferred,the original operator must submit an NOT within ten(10)days. prior to the date that responsibility for operations terminates,and the new operator must submit an NOI at least ten(io)days prior to the transfer of operational control,in accordance with condition(a)or(b)below. A copy of the NOT must be provided to the operator of any MS4 receiving the discharge in accordance with Section II.F.1.above. Operators of regulated construction activities who are not required to submit an NOI must remove the original site notice,and the new operator must post the required site notice prior to the transfer of operational control,in accordance with condition(a)or(b) below. A copy of the completed site notice must be provided to the operator of any MS4 receiving the discharge,in accordance with Section II.F.3.above. A transfer of operational control occurs when either of the following criteria is met: (a) Another operator has assumed control over all areas of the site that have not been finally stabilized;and all silt fences and other temporary erosion controls have either been removed,scheduled for removal as defined in the SWP3,or transferred to a new operator,provided that the permitted operator has attempted to notify the new operator in writing of the requirement to obtain permit coverage. Record of this notification(or attempt at notification)shall be retained by the operator in accordance with Part VI of this permit. Erosion controls that are designed to remain in place for an indefinite period,such as mulches and fiber mats,are not required to be removed or scheduled for removal. (b)A homebuilder has purchased one or more lots from an operator who obtained coverage under this general permit for a common plan of development or sale. The homebuilder is considered a new operator and sl}all comply with the requirements listed above,including the development of a SWP3 if necessary. Under these circumstances,the homebuilder is only responsible for compliance with the general permit requirements as they apply to lot(s)it has operational control over,and the original operator remains responsible for common controls or discharges,and must amend its SWP3 to remove the lot(s)transferred to the homebuilder. Section G. Waivers from.Coverage The executive director may waive the otherwise applicable requirements of this general permit for stormwater discharges from small construction activities under the terms and conditions described in this section. Page 21 Construction General Permit TPDES General Permit TXR150000 i. Waiver Applicability and Coverage Operators of small construction activities may apply for and receive a waiver from the requirements to obtain authorization under this general permit,where all of the following conditions are met. This waiver from coverage does not apply to non- stormwater discharges. The operator must insure that any non-stormwater discharges are either authorized under a separate permit or authorization,or are not considered to be a wastewater. (a) the calculated rainfall erosivity(R)factor for the entire period of the construction project is less than five(5); (b) the operator submits to the TCEQ a signed waiver certification form,supplied by the executive director,certifying that the construction activity will commence and be completed within a period when the value of the calculated R factor is less than five (5);and (c) the waiver certification form is postmarked for delivery to the TCEQ at least seven(7) days before construction activity begins or,if electronic filing is available,then any time following the receipt of written confirmation from TCEQ that a complete electronic application was submitted and acknowledged. 2. Steps to Obtaining a Waiver The construction site operator may calculate the R factor to request a waiver using the following steps: (a) Estimate the construction start date and the construction end date. The construction end date is the date that final stabilization will be achieved. (b) Find the appropriate Erosivity Index(EI)zone in Appendix B of this permit. (c) Find the EI percentage for the project period by adding the results for each period of the project using the table provided in Appendix D of this permit,in EPA Fact Sheet 2.1,or in USDA Handbook 703,by subtracting the start value from the end value to find the percent EI for the site. (d) Refer to the Isoerodent Map(Appendix C of this permit) and interpolate the annual isoerodent value for the proposed construction location. (e) Multiply the percent value obtained in Step(c)above by the annual isoerodent value obtained in Step(d). This is the R factor for the proposed project. If the value is less than 5,then a waiver may be obtained. If the value is five(5)or more,then a waiver may not be obtained,and the operator must obtain coverage under Part II.E.2.of this permit. Alternatively,the operator may calculate a site-specific R factor utilizing the following online calculator: http://ei.tamu.edu/index.html,or using another available resource. The waiver certification form is not required to be posted at the small construction site. 3. Effective Date of Waiver Operators of small construction activities are provisionally waived from the otherwise applicable requirements of this general permit seven(7)days from the date that a completed waiver certification form is postmarked for delivery to TCEQ,or immediately upon receiving confirmation of approval of an electronic submittal,if electronic form submittals are available. 4. Activities Extending Beyond the Waiver Period If a construction activity extends beyond the approved waiver period due to circumstances beyond the control of the operator,the operator must either: Page 22 Construction General Permit TPDES General Permit TXR150000 Club\ (a) recalculate the R factor using the original start date and a new projected ending date, and if the R factor is still under five(5),submit a new waiver certification form at least two(2)days before the end of the original waiver period; or (b) obtain authorization under this general permit according to the requirements delineated in either Part II.E.2.or Part II.E.3.before the end of the approved waiver period. Section H. Alternative TPDES Permit Coverage i. Individual Permit Alternative Any discharge eligible for coverage under this general permit may alternatively be authorized under an individual TPDES permit according to 3o TAC§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 authorization. 2. Individual Permit Required The executive director may suspend an authorization or deny an NOI in accordance with the procedures set forth in 3o TAC§205(relating to General Permits for Waste Discharges),including the requirement that the executive director provide written notice to the permittee. The executive director may require an operator of a construction site, otherwise eligible for authorization under this general permit,to apply for an individual TPDES permit in the following circumstances: (a) the conditions of an approved TMDL or TMDL I-Plan on the receiving water; (b) the activity being determined to cause a violation of water quality standards or being found to cause,or contribute to;the loss of a designated use of surface water in the state:and (c) any other consideration defined in 3o TAC Chapter 205(relating to General Permits for Waste Discharges)including 3o TAC Chapter 2o5.4(c)(3)(D),which allows the commission to deny authorization under the general permit and require an individual permit if a discharger"has been determined by the executive director to have been out of compliance with any rule,order,or permit of the commission,including non- payment of fees assessed by the executive director." Additionally,the executive director may cancel,revoke,or suspend authorization to discharge under this general permit based on a finding of historical and significant noncompliance with the provisions of this general permit, relating to 3o TAC§60.3(Use of Compliance History). Denial of authorization to discharge under this general permit or suspension of a permittee's authorization under this general permit shall be done according to commission rules in 3o TAC Chapter 205(relating to General Permits for Waste Discharges). 3. Alternative Discharge Authorization Any discharge eligible for authorization under this general permit may alternatively be authorized under a separate general permit according to 3o TAC Chapter 205(relating to General Permits for Waste Discharges),if applicable. Section I. Permit Expiration i. This general permit is effective for a term not to exceed five(5)years. All active discharge authorizations expire on the date provided on page one(1)of this permit. Following public notice and comment,as provided by 3o TAC§205.3(relating to Page 23 Construction General Permit TPDES General Permit TXRi50000 Public Notice,Public Meetings,and Public Comment),the commission may amend, revoke,cancel,or renew this general permit. 2. If the executive director publishes a notice of the intent to renew or amend this general permit before the expiration date,the permit will remain in effect for existing,authorized discharges until the commission takes final action on the permit. Upon issuance of a renewed or amended permit,permittees may be required to submit an NOI within 90 days following the effective date of the renewed or amended permit,unless that permit provides for an alternative method for obtaining authorization. 3. If the commission does not propose to reissue this general permit within 90 days before the expiration date,permittees shall apply for authorization under an individual permit or an alternative general permit. If the application for an individual permit is submitted before the expiration date,authorization under this expiring general permit remains in effect until the issuance or denial of an individual permit. No new NOIs will be accepted nor new authorizations honored under the general permit after the expiration date. Part III. Stormwater Pollution Prevention Plans (SWP3) All regulated construction site operators shall prepare an SWP3,prior to submittal of an NOI,to address discharges authorized under Parts II.E.2.and II.E.3.of this general permit that will reach Waters of the U.S.,including discharges to MS4s and privately owned separate storm sewer systems that drain to Waters of the U.S.,to identify and address potential sources of pollution that are reasonably expected to affect the quality of discharges from the construction site,including off-site material storage areas,overburden and stockpiles of dirt,borrow areas,equipment staging areas,vehicle repair areas,fueling areas, etc.,used solely by the permitted project. The SWP3 must describe the implementation of practices that will be used to minimize to the extent practicable the discharge of pollutants in stormwater associated with construction activity and non-stormwater discharges described in Part II.A.3.,in compliance with the terms and conditions of this permit. Individual operators at a site may develop separate SWP3s that cover only their portion of the project,provided reference is made to the other operators at the site. Where there is more than one SWP3 for a site,permittees must coordinate to ensure that BMPs and controls are consistent and do not negate or impair the effectiveness of each other. Regardless of whether a single comprehensive SWP3 is developed or separate SWP3s are developed for each operator,it is the responsibility of each operator to ensure compliance with the terms and conditions of this general permit in the areas of the construction site where that operator has control over construction plans and specifications or day-to-day operations. Section A. Shared SWP3 Development For more effective coordination of BMPs and opportunities for cost sharing,a cooperative effort by the different operators at a site is encouraged. Operators must independently obtain authorization,but may work together to prepare and implement a single,comprehensive SWP3 for the entire construction site. i. The SWP3 must clearly list the name and,for large construction activities,the general permit authorization numbers,for each operator that participates in the shared SWP3. Until the TCEQ responds to receipt of the NOI with a general permit authorization number,the SWP3 must specify the date that the NOI was submitted to TCEQ by each operator. Each operator participating in the shared plan must also sign the SWP3. �'- D Page 24 Construction General Permit TPDES General Permit TXR150000 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. 3. The SWP3 may provide that one operator is responsible for preparation of a SWP3 in compliance with the CGP,and another operator is responsible for implementation of the SWP3 at the project site. Section B. Responsibilities of Operators i. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications All secondary operators and primary operators with control over construction plans and specifications shall: (a) ensure the project specifications allow or provide that adequate BMPs are developed to meet the requirements of Part III of this general permit; (b) ensure that the SWP3 indicates the areas of the project where they have control over project specifications,including the ability to make modifications in specifications; (c) ensure that all other operators affected by modifications in project specifications are notified in a timely manner so that those operators may modify their BMP s as necessary to remain compliant with the conditions of this general permit;and (1111111'\ (d) ensure that the SWP3 for portions of the project where they are operators indicates the name and site-specific TPDES authorization number(s)for operators with the day-to-day operational control over those activities necessary to ensure compliance with the SWP3 and other permit conditions. If the party with day-to-day operational control has not been authorized or has abandoned the site,the person with control over project specifications is considered to be the responsible party until the authority is transferred to another party and the SWP3 is updated. 2. Primary Operators with Day-to-Day Operational Control Primary operators with day-to-day operational control of those activities at a project that are necessary to ensure compliance with an SWP3 and other permit conditions must ensure that the SWP3 accomplishes the following requirements: (a) meets the requirements of this general permit for those portions of the project where they are operators; (b) identifies the parties responsible for implementation of BMPs described in the SWP3; (c) indicates areas of the project where they have operational control over day-to-day activities; and (d) includes,for areas where they have operational control over day-to-day activities,the name and site-specific TPDES authorization number of the parties with control over project specifications,including the ability to make modifications in specifications. Section C. Deadlines for SWP3 Preparation,Implementation,and Compliance The SWP3 must be prepared prior to obtaining authorization under this general permit, and implemented prior to commencing construction activities that result in soil Page 25 Construction General Permit TPDES General Permit TXRi50000 disturbance. The SWP3 must be prepared so that it provides for compliance with the terms and conditions of this general permit. Section D. Plan Review and Making Plans Available 1. The SWP3 must be retained on-site at the construction site or,if the site is inactive or does not have an on-site location to store the plan,a notice must be posted describing the location of the SWP3. The SWP3 must be made readily available at the time of an on-site inspection to: the executive director; a federal, state,or local agency approving sediment and erosion plans,grading plans,or stormwater management plans;local government officials; and the operator of a municipal separate storm sewer receiving discharges from the site. If the SWP3 is retained off-site,then it shall be made available as soon as reasonably possible. In most instances,it is reasonable that the SWP3 shall be made available within 24 hours of the request. 2. A primary operator of a large construction activity must post the TCEQ site notice near the main entrance of the construction site. An operator of a small construction activity seeking authorization under this general permit and a secondary operator of a large construction activity must post the TCEQ site notice required in Part II.E.i., 2.,or 3.of this general permit in order to obtain authorization. If the construction project is a linear construction project,such as a pipeline or highway,the notices must be placed in a publicly accessible location near where construction is actively underway. Notices for these linear sites may be relocated,as necessary,along the length of the project.The notices must be readily available for viewing by the general public;local,state,and federal authorities; and contain the following information: (a) the site-specific TPDES authorization number for the project if assigned; (b) the operator name, contact name, and contact phone number; (c) a brief description of the project; and (d) the location of the SWP3. 3. This permit does not provide the general public with any right to trespass on a construction site for any reason,including inspection of a site; nor does this permit require that permittees allow members of the general public access to a construction site. Section E. Revisions and Updates to SWP3s The permittee must revise or update the SWP3 whenever the following occurs: 1. a change in design,construction,operation,or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3; 2. changing site conditions based on updated plans and specifications, new operators, new areas of responsibility,and changes in BMPs; or 3. results of inspections or investigations by site operators,operators of a municipal separate storm sewer system receiving the discharge, authorized TCEQ personnel, or a federal,state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. Section F. Contents of SWP3 The SWP3 must include,at a minimum,the information described in this section and must comply with the construction and development effluent guidelines in Part III, Section G of the general permit. Page 26 Construction General Permit TPDES General Permit TXR150oo0 1. A site or project description,which includes the following information: (a) a description of the nature of the construction activity; (b) a list of potential pollutants and their sources; (c) a description of the intended schedule or sequence of activities that will disturb soils for major portions of the site,including estimated start dates and duration of activities; (d) the total number of acres of the entire property and the total number of acres where construction activities will occur,including off-site material storage areas, overburden and stockpiles of dirt,and borrow areas that are authorized under the permittee's NOI; (e) data describing the soil or the quality of any discharge from the site; (f) a map showing the general location of the site(e.g.a portion of a city or county map); (g) a detailed site map(or maps)indicating the following: (i) drainage patterns and approximate slopes anticipated after major grading activities; (ii) areas where soil disturbance will occur; (iii) locations of all controls and buffers,either planned or in place; (iv) locations where temporary or permanent stabilization practices are expected to be used; (v) locations of construction support activities,including off-site activities, that are authorized under the permittee's NOI,including material,waste, borrow,fill,or equipment or chemical storage areas; (vi) surface waters(including wetlands)either at,adjacent,or in close proximity to the site,and also indicating those that are impaired waters; • (vii) locations where stormwater discharges from the site directly to a surface water body or a municipal separate storm sewer system; (viii) vehicle wash areas;and (ix) designated points on the site where vehicles will exit onto paved roads(for instance,this applies to construction transition from unstable dirt areas to exterior paved roads). Where the amount of information required to be included on the map would result in a single map being difficult to read and interpret,the operator shall develop a series of maps that collectively include the required information. (h)the location and description of support activities authorized under the permittee's NOI,including asphalt plants,concrete plants,and other activities providing support to the construction site that is authorized under this general permit; (i) the name of receiving waters at or near the site that may be disturbed or that may receive discharges from disturbed areas of the project; (j) a copy of this TPDES general permit; (k) the NOI and acknowledgement certificate for primary operators of large construction sites,and the site notice for small construction sites and for secondary operators of large construction sites; (lib\ (1) stormwater and allowable non-stormwater discharge locations,including storm drain inlets on site and in the immediate vicinity of the construction site;and Page 27 Construction General Permit TPDES General Permit TXR150000 (m)locations of all pollutant-generating activities,such as paving operations; concrete,paint and stucco washout and water disposal;solid waste storage and disposal; and dewatering operations. 2. A description of the BMPs that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation. At a minimum,the description must include the following components: (a) General Requirements (i) Erosion and sediment controls must be designed to retain sediment on-site to the extent practicable with consideration for local topography,soil type, and rainfall. (ii) Control measures must be properly selected,installed,and maintained according to the manufacturer's or designer's specifications. (iii) Controls must be developed to minimize the offsite transport of litter, construction debris,and construction materials. (b) Erosion Control and Stabilization Practices The SWP3 must include a description of temporary and permanent erosion control and stabilization practices for the site,compliant with the requirements of Part III.G.'and G.2 of this general permit,including a schedule of when the practices will be implemented.Site plans should ensure that existing vegetation is preserved where it is possible. (i) Erosion control and stabilization practices may include but are not limited to: establishment of temporary or permanent vegetation,mulching, geotextiles,sod stabilization,vegetative buffer strips,protection of existing trees and vegetation,slope texturing,temporary velocity dissipation devices,flow diversion mechanisms, and other similar measures. (ii) The following records must be maintained and either attached to or referenced in the SWP3,and made readily available upon request to the parties listed in Part III.D.i of this general permit: (A) the dates when major grading activities occur; (B) the dates when construction activities temporarily or permanently cease on a portion of the site; and (C) the dates when stabilization measures are initiated. (iii) Erosion control and stabilization measures must be initiated immediately in portions of the site where construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days. Stabilization measures that provide a protective cover must be initiated immediately in portions of the site where construction activities have permanently ceased. The term"immediately"is used to define the deadline for initiating stabilization measures.In the context of this requirement,"immediately"means as soon as practicable,but no later than the end of the next work day,following the day when the earth-disturbing activities have temporarily or permanently ceased. Except as provided in (A)through(D)below,these measures must be completed as soon as practicable,but no more than 14 calendar days after the initiation of soil stabilization measures: (A) Where the immediate initiation of stabilization measures after construction activity temporarily or permanently ceased is precluded Page 28 Construction General Permit TPDES General Permit TXRi50000 (1116°\ by snow cover or frozen ground conditions,stabilization measures ' must be initiated as soon as practicable. (B) In arid areas,semi-arid areas,or drought-stricken areas where the immediate initiation of stabilization measures after construction activity has temporarily or permanently ceased or is precluded by arid conditions,erosion control and stabilization measures must be initiated as soon as practicable. Where vegetative controls are not feasible due to arid conditions,the operator shall immediately install, and within 14 calendar days of a temporary or permanent cessation of work in any portion of the site complete,non-vegetative erosion controls. If non-vegetative controls are not feasible,the operator shall install temporary sediment controls as required in Paragraph(C) below. (C) In areas where temporary stabilization measures are infeasible,the operator may alternatively utilize temporary perimeter controls. The operator must document in the SWP3 the reason why stabilization ' measures are not feasible,and must demonstrate that the perimeter controls will retain sediment on site to the extent practicable. The operator must continue to inspect the BMPs at the frequency established in Section III.F.7.(a)for unstabilized sites. (D) If the initiation or completion of vegetative stabilization is affected by circumstances beyond the control of the permittee,vegetative stabilization must be initiated or completed as soon as conditions or circumstances allow it on the site. The requirement to initiate stabilization is triggered as soon as it is known with reasonable certainty that work will be stopped for 14 or more additional calendar days. (iv) Final stabilization must be achieved prior to termination of permit coverage. (v) TCEQ does not expect that temporary or permanent stabilization measures to be applied to areas that are intended to be left un-vegetated or un- stabilized following construction(e.g.,dirt access roads,utility pole pads, areas being used for storage of vehicles,equipment,or materials). (c) Sediment Control Practices The,SWP3 must include a description of any sediment control practices used to remove eroded soils from stormwater runoff,including the general timing or sequence for implementation of controls. (i) Sites With Drainage Areas of Ten or More Acres (A) Sedimentation Basin(s) (1) A sedimentation basin is required,where feasible,for a common drainage location that serves an area with ten(io)or more acres disturbed at one time. A sedimentation basin maybe temporary or permanent, and must provide sufficient storage to contain a calculated volume of runoff from a 2-year,24-hour storm from each disturbed acre drained. When calculating the volume of runoff from a 2-year,24-hour storm event,it is not required to include the flows from offsite areas and flow from onsite areas that are either undisturbed or have already undergone permanent stabilization,if these flows are diverted around both the disturbed areas of the site and the sediment basin.Capacity calculations shall be included in the SWP3. Page 29 Construction General Permit TPDES General Permit TXR15o000 (2) Where rainfall data is not available or a calculation cannot be "--) performed,the sedimentation basin must provide at least 3,600 cubic feet of storage per acre drained until final stabilization of the site. (3) If a sedimentation basin is not feasible,then the permittee shall provide equivalent control measures until final stabilization of the site. In determining whether installing a sediment basin is feasible,the permittee may consider factors such as site soils, slope,available area,public safety,precipitation patterns,site geometry,site vegetation,infiltration capacity,geotechnical factors,depth to groundwater,and other similar considerations. The permittee shall document the reason that the sediment basins are not feasible,and shall utilize equivalent control measures, which may include a series of smaller sediment basins. (4) Unless infeasible,when discharging from sedimentation basins and impoundments,the permittee shall utilize outlet structures that withdraw water from the surface. (B) Perimeter Controls: At a minimum,silt fences,vegetative buffer strips,or equivalent sediment controls are required for all down slope boundaries of the construction area,and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (ii) Controls for Sites With Drainage Areas Less than Ten Acres: (A) Sediment traps and sediment basins may be used to control solids in stormwater runoff for drainage locations serving less than ten(io) acres. At a minimum,silt fences,vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries of the construction area,.and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (B) Alternatively, a sediment basin that provides storage for a calculated volume of runoff from a 2-year,24-hour storm from each disturbed acre drained may be utilized. Where rainfall data is not available or a calculation cannot be performed,a temporary or permanent sediment basin providing 3,60o cubic feet of storage per acre drained may be provided. If a calculation is performed,then the calculation shall be included in the SWP3. (C) If sedimentation basins or impoundments are used,the permittee shall comply with the requirements in Part III.G.6 of this general permit. 3. Description of Permanent Stormwater Controls A description of any measures that will be installed during the construction process to control pollutants in stormwater discharges that may occur after construction operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and maintenance of stormwater management measures prior to final stabilization of the site or prior to submission of an NOT. 4. Other Required Controls and BMPs (a) Permittees shall minimize,to the extent practicable,the off-site vehicle tracking of sediments and the generation of dust. The SWP3 shall include a description of controls utilized to accomplish this requirement. Page 30 Construction General Permit TPDES General Permit TXRi50000 (b) The SWP3 must include a description of construction and waste materials expected to be stored on-site and a description of controls to,minimize pollutants from these materials. (c) The SWP3 must include a description of potential pollutant sources from areas other than construction(such as stormwater discharges from dedicated asphalt plants and dedicated concrete batch plants),and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. (d) Permittees shall place velocitydissipation devices at discharge locations and along the length of any outfall channel(i.e.,runoff conveyance)to provide a non- erosive flow velocity from the structure to a water course,so that the natural physical and biological characteristics and functions are maintained and protected. (e) Permittees shall design and utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water from the site. (f) Permittees shall ensure that all other required controls and BMPs comply with all of the requirements of Part III.G of this general permit. 5. Documentation of Compliance with Approved State and Local Plans (a) Permittees must ensure that the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits,or stormwater 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 (11.6'`, applicable to protecting surface waterresources in sediment erosion site plans or site permits,or stormwater management site plans or site permits approved by state or local official for which the permittee receives written.notice. (c) If the permittee is required to prepare a separate management plan,including but not limited to a WPAP or Contributing Zone Plan in accordance with 3o TAC Chapter 213 (related to the Edwards Aquifer),then a copy of that plan must be either included in the SWP3 or made readily available upon request to authorized personnel of the TCEQ. The permittee shall maintain a copy of the approval letter for the plan in its SWP3. 6. Maintenance Requirements (a) All protective measures identified in the SWP3 must be maintained in effective operating condition. If,through inspections or other means,the permittee determines that BMPs are not operating effectively,then the permittee shall perform maintenance as necessary to maintain the continued effectiveness of stormwater controls,and prior to the next rain event if feasible. If maintenance prior to the next anticipated storm event is impracticable,the reason shall be documented in the SWP3 and maintenance must be scheduled and accomplished as soon as practicable. Erosion and sediment controls that have been intentionally disabled,run-over,removed,or otherwise rendered ineffective must be replaced or corrected immediately upon discovery. (b) If periodic inspections or other information indicates a control has been used incorrectly,is performing inadequately,or is damaged,then the operator shall replace or modify the control as soon as practicable after making the discovery. (c) Sediment must be removed from sediment traps and sedimentation ponds no (111. later than the time that design capacity has been reduced by 5o%. For perimeter Page 31 Construction General Permit TPDES General Permit TXRi50000 controls such as silt fences,berms,etc.,the trapped sediment must be removed before it reaches 5o%of the above-ground height. (d) If sediment escapes the site,accumulations must be removed at a frequency that minimizes off-site impacts,and prior to the next rain event,if feasible. If the permittee does not own or operate the off-site conveyance,then the permittee shall work with the owner or operator of the property to remove the sediment. 7. Inspections of Controls (a) Personnel provided by the permittee must inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation,discharge locations,and structural controls for evidence of,or the potential for,pollutants entering the drainage system. Personnel conducting these inspections must be knowledgeable of this general permit,familiar with the construction site,and knowledgeable of the SWP3 for the site. Sediment and erosion control measures identified in the SWP3 must be inspected to ensure that they are operating correctly. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. Inspections must be conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of o.5 inches or greater. Where sites have been finally or temporarily stabilized or where runoff is unlikely due to winter conditions(e.g.site is covered with snow,ice, or frozen ground exists),inspections must be conducted at least once every month. In arid,semi-arid,or drought-stricken areas,inspections must be conducted at least once every month and within 24 hours after the end of a storm event of o.5 inches or greater. The SWP3 must also contain a record of the total rainfall measured,as well as the approximate beginning and ending dates of winter or drought conditions resulting in monthly frequency of inspections. As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of o.5 inches or greater,the SWP3 may be developed to require that these inspections will occur at least once every seven(7)calendar days. If this alternative schedule is developed,then the inspection must occur regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule may be changed a maximum of one time each month,the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3(e.g.,end of"dry"season and beginning of"wet" season). (b) Utility line installation,pipeline construction, and other examples of long, narrow,linear construction activities may provide inspection personnel with limited access to the areas described in Part III.F.7.(a) above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas,cause additional disturbance of soils, and increase the potential for erosion. In these circumstances,controls must be inspected at least once every 14 calendar days and within 24 hours of the end of a storm event of o.5 inches or greater,but representative inspections may be performed. For representative inspections,personnel must inspect controls along the construction site for o.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.7.(a) Page 32 Construction General Permit TPDES General Permit TXRi50000 (411 above. The conditions of the controls along each inspected o.25 mile portion may be considered as representative of the condition of controls along that reach extending from the end of the o.25 mile portion to either the end of the next o.25 mile inspected portion,or to the end of the project,whichever occurs first. As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of o.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 regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule maybe changed a maximum of one time each month, the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3(e.g., end of"dry"season and beginning of"wet"season). (c) In the event of flooding or other uncontrollable situations which prohibit access to the inspection sites,inspections must be conducted as soon as access is practicable. (d) The SWP3 must be modified based on the results of inspections,as necessary,to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven(7)calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary,an implementation schedule must be described in the SWP3 and wherever possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable,these changes must be implemented as soon as (11111 , practicable. (e) A report summarizing the scope of the inspection,the date(s)of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained as part of the SWP3. Major observations should include: The locations of discharges of sediment or other pollutants from the site; locations of BMPs that need to be maintained;locations of BMPs that failed to operate as designed or proved inadequate for a particular location; and locations where additional BMPs are needed. Actions taken as a result of inspections must be describedwithin,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 3o TAC§3435.128 (relating to Signatories to Reports). The names and qualifications of personnel making the inspections for the permittee may be documented once in the SWP3 rather than being included in each report. 8. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-stormwater components of the discharge,as listed in Part II.A.3.of this permit. 9. The SWP3 must include the information required in Part III.B.of this general permit. io. The SWP3 must include pollution prevention procedures that comply with Part III.G.4 of this general permit. Page 33 Construction General Permit TPDES General Permit TXRi50000 Section G. Erosion and Sediment Control Requirements Applicable to All Sites ^� Except as provided in 4o CFR§§125.3o-125.32,any discharge regulated under this general permit,with the exception of sites that obtained waivers based on low rainfall erosivity,must achieve,at a minimum,the following effluent limitations representing the degree of effluent reduction attainable by application of the best practicable control technology currently available(BPT). 1. Erosion and sediment controls. Design,install,and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants.At a minimum,such controls must be designed,installed,and maintained to: (a) Control stormwater volume and velocity within the site to minimize soil erosion; (b) If any stormwater flow will be channelized at the site,stormwater controls must be designed to control both peak flowrates and total stormwater volume to minimize erosion at outlets and to minimize downstream channel and streambank erosion; (c) Minimize the amount of soil exposed during construction activity; (d) Minimize the disturbance of steep slopes; (e) Minimize sediment discharges from the site.The design,installation,and maintenance of erosion and sediment controls must address factors such as the amount,frequency,intensity and duration of precipitation,the nature of resulting stormwater runoff,and soil characteristics,including the range of soil particle sizes expected to be present on the site; (f) If earth disturbance activities are located in close proximity to a surface water, provide and maintain appropriate natural buffers if feasible and as necessary, around surface waters, depending on site-specific topography,sensitivity,and proximity to water bodies. Direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration. If providing buffers is infeasible, the permittee shall document the reason that natural buffers are not feasible,and shall implement additional erosion and sediment controls to reduce sediment load; (g) Preserve native topsoil at the site,unless infeasible; and (h) Minimize soil compaction in post-construction pervious areas. In areas of the construction site where final vegetative stabilization will occur or where infiltration practices will be installed,either: (1) restrict vehicle and equipment use to avoid soil compaction; or (2) prior to seeding or planting areas of exposed soil that have been compacted, use techniques that condition the soils to support vegetative growth,if necessary and feasible; (i) TCEQ does not consider stormwater control features(e.g.,stormwater conveyance channels,storm drain inlets,sediment basins)to constitute"surface waters"for the purposes of triggering the buffer requirement in Part III.G.(f) above. 2. Soil stabilization.Stabilization of disturbed areas must,at a minimum,be initiated immediately whenever any clearing,grading,excavating,or other earth disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. In the context of this requirement, "immediately"means as soon as practicable, but no later than the end of the next work day,following the day when the earth- disturbing activities have temporarily or permanently ceased. Temporary Page 34 Construction General Permit TPDES General Permit TXRi50000 C.16\ stabilization must be completed no more than 1.4 calendar days after initiation of soil stabilization measures,and final stabilization must be achieved prior to termination of permit coverage. In arid,semi-arid,and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible,alternative non- vegetative stabilization measures must be employed as soon as practicable.Refer to Part III.F:2.(b)for complete erosion control and stabilization practice requirements. 3. Dewatering.Discharges from dewatering activities,including discharges from dewatering of trenches and excavations,are prohibited,unless managed by appropriate controls. 4. Pollution prevention measures.Design,install,implement,and maintain effective pollution prevention measures to minimize the discharge of pollutants.At a minimum,such measures must be designed,installed,implemented,and'maintained to: (a) Minimize the discharge of pollutants from equipment and vehicle washing,wheel wash water, and other wash waters.Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; (b) Minimize the exposure of building materials,building products,construction wastes,trash,landscape materials,fertilizers,pesticides,herbicides,detergents, sanitary waste,and other materials present on the site to precipitation and to stormwater; and (c) Minimize the discharge of pollutants from spills and leaks,and implement chemical spill and leak prevention and response procedures. 5. Prohibited discharges.The following discharges are prohibited: (a) Wastewater from wash out of concrete trucks,unless managed by an appropriate control(see Part V of the general permit); (b) Wastewater from wash out and cleanout of stucco,paint,form release oils,curing compounds and other construction materials; (c) Fuels, oils,or other pollutants used in vehicle and equipment operation and maintenance; and (d) Soaps or solvents used in vehicle and equipment washing. 6. Surface outlets.When discharging from basins and impoundments,utilize outlet structures that withdraw water from the surface,unless infeasible. Part IV. Stormwater Runoff from Concrete Batch Plants Discharges of stormwater runoff from concrete batch plants at regulated construction sites may be authorized under the provisions of this general permit provided that the following requirements are met for concrete batch plant(s)authorized under this permit. If discharges of stormwater runoff from concrete batch plants are not covered under this general permit, then discharges must be authorized under an alternative general permit or individual permit. This permit does not authorize the discharge or land disposal of any wastewater from concrete batch plants at regulated construction sites. Authorization for these wastes must be obtained under an individual permit or an alternative general permit. Section A. Benchmark Sampling Requirements i. Operators of concrete batch plants authorized under this general permit shall sample the stormwater runoff from the concrete batch plants according to the requirements (1/11"\, Page 35 Construction General Permit TPDES General Permit TXRi50000 of this section of this general permit, and must conduct evaluations on the effectiveness of the SWP3 based on the following benchmark monitoring values: Table 1.Benchmark Parameters Benchmark Benchmark Value Sampling Sample Type Parameter Frequency • Oil and Grease 15 mg/L i/quarter(*i) (*2) Grab(*3) Total Suspended too mg/L i/quarter(*i) (*2) Grab(*3) Solids pH 6.0—9.o Standard i/quarter(*i) (*2) Grab(*3) Units Total Iron 1.3 mg/L i/quarter(*i) (*2) Grab(*3) (*1) When discharge occurs. Sampling is required within the first 30 minutes of discharge. If it is not practicable to take the sample,or to complete the sampling,within the first 3o minutes,sampling must be completed within the first hour of discharge. If sampling is not completed within the first 30 minutes of discharge,the reason must be documented and attached to all required reports and records of the sampling activity. (*2) Sampling must be conducted at least once during each of the following periods. The first sample must be collected during the first full quarter that a stormwater discharge occurs from a concrete batch plant authorized under this general permit. January through March April through June July through September October through December For projects lasting less than one full quarter,a minimum of one sample shall be collected,provided that a stormwater discharge occurred at least once following submission of the NOI or following the date that automatic authorization was obtained under Section II.E.2.,and prior to terminating coverage. (*3) A grab sample shall be collected from the stormwater discharge resulting from a storm event that is at least o.1 inches of measured precipitation that occurs at least 72 hours from the previously measurable storm event. The sample shall be collected downstream of the concrete batch plant,and where the discharge exits any BMPs utilized to handle the runoff from the batch plant,prior to commingling with any other water authorized under this general permit. 2. The permittee must compare the results of sample analyses to the benchmark values above,and must include this comparison in the overall assessment of the SWP3's effectiveness. Analytical results that exceed a benchmark value are not a violation of this permit, as these values are not numeric effluent limitations. Results of analyses are indicators that modifications of the SWP3 should be assessed and may be necessary to protect water quality.The operator must investigate the cause for each exceedance and must document the results of this investigation in the SWP3 by the end of the quarter following the sampling event. Page 36 Construction General Permit TPDES General Permit TXRi50000 CIlb\ The operator's investigation must identify the following: (a) any additional potential sources of pollution,such as spills that might have occurred, (b) necessary revisions to good housekeeping measures that are part of the SWP3, (c) additional BMPs,including a schedule to install or implement the BMPs, and (d) other parts of the SWP3 that may require revisions in order to meet the goal of the benchmark values. Background concentrations of specific pollutants may also be considered during the investigation. If the operator is able to relate the cause of the exceedance to background concentrations,then subsequent exceedances of benchmark values for that pollutant may be resolved by referencing earlier findings in the SWP3. Background concentrations may be identified by laboratory analyses of samples of stormwater runon to the permitted facility,by laboratory analyses of samples of stormwater run-off from adjacent non-industrial areas,or by identifying the pollutant is a naturally occurring material in soils at the.site. Section B. Best Management Practices(BMPs)and SWP3 Requirements Minimum SWP3 Requirements—The following are required in addition to other SWP3 requirements listed in this general permit(including,but not limited to Part III.F.7.of this permit): i. Description of Potential Pollutant Sources-The SWP3 must provide a description of potential sources(activities and materials)that may reasonably be expected to affect the quality of stormwater discharges associated with concrete batch plants authorized under this permit. The SWP3 must describe practices that that will be used to reduce the pollutants in these discharges to assure compliance with this general permit, including the protection of water quality,and must ensure the implementation of these practices. The following must be developed,at a minimum,in support of developing this description:(a) Drainage—The site map must include the following information: (i) the location of all outfalls for stormwater discharges associated with concrete batch plants that are authorized under this permit; (2) a depiction of the drainage area and the direction of flow to the outfall(s); (3) structural controls used within the drainage area(s); (4) the locations of the following areas associated with concrete batch plants that are exposed to precipitation:vehicle and equipment maintenance activities(including fueling,repair,and storage areas for vehicles and equipment scheduled for maintenance);areas used for the treatment, storage,or disposal of wastes;liquid storage tanks; material processing and storage areas; and loading and unloading areas; and (5) the locations of the following: any bag house or other dust control device(s); recycle/sedimentation pond,clarifier or other device used for the treatment of facility wastewater(including the areas that drain to the treatment device); areas with significant materials; and areas where major spills or leaks have occurred. - (b) Inventory of Exposed Materials—A list of materials handled at the concrete batch plant that may be exposed to stormwater and that have a potential to Page 37 Construction General Permit TPDES General Permit TXRi50000 affect the quality of stormwater discharges associated with concrete batch plants that are authorized under this general permit. (c) Spills and Leaks-A list of significant spills and leaks of toxic or hazardous pollutants that occurred in areas exposed to stormwater and that drain to stormwater outfalls associated with concrete batch plants authorized under this general permit must be developed,maintained,and updated as needed. (d) Sampling Data-A summary of existing stormwater discharge sampling data must be maintained,if available. 2. Measures and Controls-The SWP3 must include a description of management controls to regulate pollutants identified in the SWP3's"Description of Potential Pollutant Sources"from Part IV.B.i.(a)of this permit,and a schedule for implementation of the measures and controls. This must include,at a minimum: (a) Good Housekeeping-Good housekeeping measures must be developed and implemented in the area(s)associated with concrete batch plants. (1) Operators must prevent or minimize the discharge of spilled cement, aggregate(including sand or gravel),settled dust,or other significant materials from paved portions of the site that are exposed to stormwater. Measures used to minimize the presence of these materials may include regular sweeping or other equivalent practices. These practices must be conducted at a frequency that is determined based on consideration of the amount of industrial activity occurring in the area and frequency of precipitation,and shall occur at least once per week when cement or aggregate is being handled or otherwise processed in the area. (2) Operators must prevent the exposure of fine granular solids,such as cement,to stormwater.Where practicable,these materials must be stored in enclosed silos,hoppers or buildings,in covered areas, or under covering. (b) Spill Prevention and Response Procedures-Areas where potential spills that can contribute pollutants to stormwater runoff,and the drainage areas from these locations, must be identified in the SWP3. Where appropriate,the SWP3 must specify material handling procedures,storage requirements,and use of equipment. Procedures for cleaning up spills must be identified in the SWP3 and made available to the appropriate personnel. (c) Inspections-Qualified facility personnel(i.e., a person or persons with knowledge of this general permit,the concrete batch plant,and the SWP3 related to the concrete batch plant(s)for the site)must be identified to inspect designated equipment and areas of the facility specified in the SWP3.The inspection frequency must be specified in the SWP3 based upon a consideration of the level of concrete production at the facility,but must be a minimum of once per month while the facility is in operation.The inspection must take place while the facility is in operation and must, at a minimum,include all areas that are exposed to stormwater at the site,including material handling areas,above ground storage tanks,hoppers or silos,dust collection/containment systems, truck wash down and equipment cleaning areas. Follow-up procedures must be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections must be maintained and be made readily available for inspection upon request. (d) Employee Training-An employee training program must be developed to educate personnel responsible for implementing any component of the SWP3, or personnel otherwise responsible for stormwater pollution prevention,with the provisions of the SWP3. The frequency of training must be documented in Page 38 Construction General Permit TPDES General Permit TXRi50000 the SWP3, and at a minimum,must consist of one training prior to the initiation of operation of the concrete batch plant. (e) Record Keeping and Internal Reporting Procedures-A description of spills and similar,incidents,plus additional information that is obtained regarding the quality and quantity of stormwater discharges,must be included'in the SWP3. Inspection and maintenance activities must be documented and records of those inspection and maintenance activities must be incorporated in the SWP3. (f) Management of Runoff-The SWP3 shall contain a narrative consideration for reducing the volume of runoff from concrete batch plants by diverting runoff or otherwise managing runoff,including use of infiltration,detention ponds, retention ponds,or reusing of runoff. 3. Comprehensive Compliance Evaluation—At least once per year,one or more qualified personnel(i.e.,a person or persons with knowledge of this general permit, the concrete batch plant,and the SWP3 related to the concrete batch plant(s)for the site)shall conduct a compliance evaluation of the plant. The evaluation must include the following. (a) Visual examination of all areas draining stormwater associated with regulated concrete batch plants for evidence of,or the potential for,pollutants entering the drainage system. These include but are not limited to: cleaning areas, material handling areas,above ground storage tanks,hoppers or silos,dust collection/containment systems,and truck wash down and equipment cleaning areas. Measures implemented to reduce pollutants in runoff(including structural controls and implementation of management practices)must be evaluated to determine if they are effective and if they are implemented in accordance with the terms of this permit and with the permittee's SWP3. The operator shall conduct a visual inspection of equipment needed to implement the SWP3,such as spill response equipment. (b) Based on the results of the evaluation,the following must be revised as appropriate within two weeks of the evaluation: the description of potential pollutant sources identified in the,SWP3(as required in Part IV.B.i., "Description of Potential Pollutant Sources"); and pollution prevention measures and controls identified in the SWP3(as required in Part IV.B.2., "Measures and Controls"). The revisions may include a schedule for implementing the necessary changes. (c) The permittee shall prepare and include in the SWP3 a report summarizing the scope of the evaluation,the personnel making the evaluation,the date.(s)of the evaluation,major observations relating to the implementation of the SWP3,and actions taken in response to the findings of the evaluation. The report must identify any incidents of noncompliance. Where the report does not identify incidences of noncompliance,the report must contain a statement that the evaluation did not identify any incidence(s),and the report must be signed according to 3o TAC§305.128,relating to Signatories to Reports. (d) The Comprehensive Compliance Evaluation may substitute for one of the required inspections delineated in Part IV.B.2.(c)of this general permit. Section C. Prohibition of Wastewater Discharges Wastewater discharges associated with concrete production including wastewater disposal by land application are not authorized under this general permit. These wastewater discharges must be authorized under an alternative TCEQ water quality permit or otherwise disposed of in an authorized manner. Discharges of concrete truck (ilmb\ wash out at construction sites may be authorized if conducted in accordance with the requirements of Part V of this general permit. Page 39 Construction General Permit TPDES General Permit TXR3.50000 Part V. Concrete Truck Wash Out Requirements This general permit authorizes the wash out of concrete trucks at construction sites regulated under Sections II.E.i., 2.,and 3.of this general permit,provided the following requirements are met. Authorization is limited to the land disposal of wash out water from concrete trucks. Any other direct discharge of concrete production waste water must be authorized under a separate TCEQ general permit or individual permit. 1. Direct discharge of concrete truck wash out water to surface water in the state, including discharge to storm sewers,is prohibited by this general permit. 2. Concrete truck wash out water shall be discharged to areas at the construction site where structural controls have been established to prevent direct discharge to surface waters,or to areas that have a minimal slope that allow infiltration and filtering of wash out water to prevent direct discharge to surface waters. Structural controls may consist of temporary berms,temporary shallow pits,temporary storage tanks with slow rate release,or other reasonable measures to prevent runoff from the construction site. 3. Wash out of concrete trucks during rainfall events shall be minimized. The direct discharge of concrete truck wash out water is prohibited at all times, and the operator shall insure that its BMPs are sufficient to prevent the discharge of concrete truck wash out as the result of rainfall or stormwater runoff. 4. The discharge of wash out water must not cause or contribute to groundwater contamination. 5. If a SWP3 is required to be implemented,the SWP3 shall include concrete wash out areas on the associated site map. Part VI. Retention of Records The permittee must retain the following records for a minimum period of three(3)years from the date that a NOT is submitted as required by Part II.E.3. For activities in which an NOT is not required,records shall be retained for a minimum period of three(3)years from the date that the operator terminates coverage under Section II.F.3. of this permit. Records include: 1. A copy of the SWP3; 2. All reports and actions required by this permit,including a copy of the construction site notice; 3. All data used to complete the NOI,if an NOI is required for coverage under this general permit;and 4. All records of submittal of forms submitted to the operator of any MS4 receiving the discharge and to the secondary operator of a large construction site,if applicable. Part VII. Standard Permit Conditions 1. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the permit and statutes under which it was issued,and is grounds for enforcement action,for terminating,revoking, or denying 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 maybe suspended or revoked for cause. Filing a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee must furnish to the executive director,upon request and within a reasonable time,any information necessary for the executive director to determine whether cause exists for revoking,suspending,or Page 4o Construction General Permit TPDES General Permit TXR15o000 terminating authorization under this permit. Additionally,the permittee must provide to the executive director,upon request,copies of all records that the permittee is required to maintain as a condition of this general permit. 3. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the permit conditions. 4. Inspection and entry shall be allowed under TWC Chapters 26-28,Texas Health and Safety Code§§361.o32-361.o33 and 361.037,and 4o CFR§122.41(i).The statement in TWC§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 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 TWC Chapter 7 for violations including but not limited to the following: (a) negligently or knowingly violating the federal 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§§4o2(a)(3)or 4o2(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;and (c) knowingly violating§303 of the federal CWA,and placing another person in imminent danger of death or serious bodily injury. 6. All reports and other information requested by the executive director must be signed by the person and in the manner required by 3o 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. 8. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 9. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control(and related appurtenances)which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures.This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 10.The permittee shall comply with the reporting requirements in 4o CFR§122.41(1),as applicable. Part VIII. Fees 1. A fee of must be submitted along with the NOI: (a) $325 if submitting a paper NOI,or (11111116\ (b) $225 if submitting an NOI electronically. Page 41 Construction General Permit TPDES General Permit TXR150000 2. Fees are due upon submission of the NOI. An NOI will not be declared administratively complete unless the associated fee has been paid in full. 3. No separate annual fees will be assessed for this general permit. The Water Quality Annual Fee has been incorporated into the NOI fees as described above. n Page 42 Construction General Permit TPDES General Permit TXR150000 Appendix A: Automatic Authorization Periods of Low Erosion Potential by County—Eligible Date Ranges Andrews: Nov. 15-Apr.3o Ector: Nov. 15-Apr.30 Archer: Dec. 15-Feb. 14 Edwards: Dec. 15-Feb. 14 Armstrong: Nov.15-Apr.30 El Paso: Jan. 1-Jul. 14,or May 15-Jul. Bailey: Nov. -Apr.30,or Nov. -May 31,or Jun. 1-Aug. 14,or Jun. 15-Sept. 14, 14 or Jul. 1-Oct. 14,or Jul. 15-Oct.31,or Aug.1-Apr.30,or Aug.15-May 14,or Baylor: Dec.15-Feb. 14 Sept. 1-May 30, or Oct.1-Jun. 14,or Borden: Nov. 15-Apr.3o Nov.1-Jun.30,or Nov. 15-Jul. 14 Brewster: Nov. 15-Apr.3o Fisher: Dec. 15-Feb. 14 Briscoe: Nov. 15-Apr.3o Floyd: Nov. 15-Apr.30 Brown: Dec. 15-Feb. 14 Foard: Dec.15-Feb. 14 Callahan: Dec.15-Feb.14 Gaines: Nov.15-Apr.30 Carson: Nov. 15-Apr.3o Garza: Nov. 15-Apr.30 Castro: Nov. 15-Apr.3o Glasscock: Nov. 15-Apr.30 Childress: Dec. 15-Feb.14 Hale: Nov. 15-Apr.30 Cochran: Nov. 1-Apr.30, or Nov. 15- Hall: Feb. -Mar.30 May 14 Hansford: Nov. 15-Apr.30 Coke: Dec.15-Feb.14 Hardeman: Dec. 15-Feb. 14 Coleman: Dec. 15-Feb. 14 Hartley: Nov. 15-Apr.30 Collingsworth: Jan. 1-Mar.30, or Dec.1- Haskell: Dec. 15-Feb. 14 Feb.28 Hockley: Nov. 1-Apr. 14,or Nov.15- Concho: Dec..15-Feb. 14 Apr.30 Cottle: Dec.15-Feb. 14 Howard: Nov.15-Apr.30 Crane: Nov. 15-Apr.3o Hudspeth: Nov. 1-May 14 Crockett: Nov. 15-Jan. 14,or Feb. 1- Hutchinson: Nov. -Apr.30 Mar.3o Irion: Dec.15-Feb. 14 Crosby: Nov. 15-Apr.30 Jeff Davis: Nov. 1-Apr.30 or Nov. 15- Culberson: Nov. 1-May 14 May 14 Dallam: Nov. 1-Apr. 14,or Nov. 15-Apr. Jones: Dec. 15-Feb. 14 30 Kent: Nov.15-Jan. 14 or Feb.1-Mar.30 Dawson: Nov. 15-Apr.3o Kerr: Dec. 15-Feb. 14 Deaf Smith: Nov.15-Apr.3o Kimble: Dec. 15-Feb. 14 Dickens: Nov. 15-Jan. 14,or Feb. 1-Mar. 3o King: Dec.15-Feb. 14 Dimmit: Dec. 15-Feb. 14 Kinney: Dec. 15-Feb. 14 Donley: Jan. 1-Mar.30,or Dec. 1-Feb. Knox: Dec. 15-Feb. 14 28 Lamb: Nov. 1-Apr. 14,or Nov.15-Apr. Eastland: Dec.15-Feb.14 30 ("6\ Page 43 Construction General Permit TPDES General Permit TXRi50000 Loving: Nov.1-Apr.3o,or Nov. 15-May Scurry: Nov.15-Apr.3o �4 Shackelford: Dec. 15-Feb. 14 Lubbock: Nov. 15-Apr.3o Sherman: Nov. 15-Apr.3o Lynn: Nov.15-Apr.3o Stephens: Dec. 15-Feb.14 Martin: Nov. 15-Apr.30 Sterling: Nov. 15-Apr.3o Mason: Dec. 15 Feb. 14 Stonewall: Dec. 15-Feb. 14 Maverick: Dec. 15-Feb.14 Sutton: Dec. 15-Feb. 14 McCulloch: Dec. 15-Feb. 14 Swisher: Nov. 15-Apr.30 Menard: Dec. 15-Feb.14 Taylor: Dec. 15-Feb. 14 Midland: Nov.15-Apr.3o Terrell: Nov. 15-Apr. 30 Mitchell: Nov. 15-Apr.3o Terry: Nov. 15-Apr.3o Moore: Nov. 15-Apr.3o Throckmorton: Dec. 15-Feb. 14 Motley: Nov. 15-Jan. 14, or Feb. 1-Mar. Tom Green: Dec. 15-Feb. 14 3o Nolan: Dec. 15-Feb. 14 Upton: Nov.15-Apr.3o Oldham: Nov.15-Apr.3o Uvalde: Dec. 15-Feb. 14 Parmer: Nov. 1-Apr. 14,or Nov. 15-Apr. Val Verde: Nov. 15-Jan.14,or Feb. - Mar.3o 3o Ward: Nov. 1-Apr. 14,or Nov. 15-Apr. Pecos: Nov.15-Apr.3o 3o Potter: Nov. 15-Apr.30 Wichita: Dec. 15-Feb.14 Presidio: Nov. 1-Apr.3o,or Nov. 15 Wilbarger: Dec. 15-Feb. 14 May 14 Randall: Nov.15-Apr.3o Winkler: Nov. 1-Apr.3o,or Nov. 15- May 14 Reagan: Nov.15-Apr.3o Yoakum: Nov. 1-Apr.3o, or Nov. 15- Real: Dec. 15-Feb. 14 May 14 Reeves: Nov. 1-Apr.3o,or Nov. 15-May Young: Dec. 15-Feb. 14 14 Wheeler: Jan.1-Mar.3o, or Dec. 1-Feb. Runnels: Dec.15-Feb. 14 28 Schleicher: Dec. 15-Feb. 14 Zavala: Dec. 15-Feb. 14 Page 44 Construction General Permit TPDES General Permit TXRi50000 (1.6.'\ Appendix B: Erosivity Index(EI)Zones in Texas I,I Dar r_ iit :L, r-aYu,} •r {v r i i+ iOw ril'r•,N�i':41 �, U' ■1'■' i sMIT l41. s• ma •' ,. ` +ram ;, r•. 7■ i p','u.,. ,1'pU.n'y�.. ly u ' �_ w s � r....�_ ' ,° _� • ' + e'er+■ u: ■ 111�'+■r •,a �.ir�P my�ir i''�" Q ^� •. .nos e • _ 1( 'in!!i ' :EVIL� 1 .y, 4j ■ — Y H H /, i j,'.. ill �"■- s t it r�i!/:.`o�1,'/ i - . ., e+,ii gl4,i. F. ■ T'• 1 1 ••P;lei■ n 41-wir .R' ..-. .-.i ii, r Iltiti � ra - ar ° rr'{! rrl ..1. • e ■,• Fl■ *g, 'k it .... • c 1 ,r ti i 7 1 Rt I. f .1 ■�.,.�.r. T . • n !! 1 :5.ry: Y: 1 7 I. I" ...a: 1i•■ e a,,4,oH+R h'a. + a. ✓v �..,.,`.■ ■ 1' �s 1 '^'..n � 1 Sri p••„ 1 ° _ ° 04 �p •,,i : _ 4 *:1 T. .ii• ,•;.1;,,:1 M. ..s•°fin '! .per .., ° le M .Y W u .R•, �:?. rli..cr11 .•1 A,�+ r"7 [t!,� n+f.,,••,� _.._ . / i N1••, i 1° n ■•,� iM•i ■ .g.- ; •.1 4 .1 j rn i r'r•T. sr.•. A '/ +".c': 1 .1 u ° - ■.i..l®a -. i• N •9 6 RV•■P r*e.r •.n rasp Spar ••!.1 .a .as• 1 a- r1 ■ ii } {{^,,,,r.` H 1 • ! H �[W-'o° or rn""IT 11111•Egrs Rs.,owl ors map IP ! 4 i ,a J 1° rr al ° 3'Ni :i - - - -- ' s•,k:.b:[ 1 1 1......, • �'1! '1 vJ•P�,AI-R*IiPSID .! •�raw•• y ■1i,.i. H9,/w r ...r r1. :�'•l�'p'ii. .a .Rai,RRI se �i m r 71: .1;1115 aril q ° a • 3 ,I.�r°CI°r ..1 II- 1/ /• • __ �Sri ....wt.1W Pr. f_ H+... ! Frz■.•L■_■ .,. r. -1^,i c•F'/ i 4, •7 - ,�■G i�fa. Mr WI • • �,.. u ■ p 7•.'A) : .�"ra1 ` a...•/_/.. rai�i!!i i.:•i.:}1m1:!e r -, - e�•' ■„/..i'!- -- '-1.1..';''..,'1.2...O.4-"I...'."..'.....r.. t r .•' I , I,', q 1 ° !n r .i ': v a:rr.waan.m 1 . s p hj• li# ■, P, F°i• f,! r.. 1.- v WrX'Wii .. .:farR+'ir 1114•••r:..2i g t■. r.,1:4 'li r1 4 1 a-t•. x.-Rii rq T."R.1•'..•R,Ja '°a .! )w'J :^ ' -,-- „,.i.,..•......mal MP,C 0 or.•mr. RPp ti F„: ti 1I'%__..,;-.:'- •!.: L*Z.f. Adapted from Chapter 2 of USDA Agriculture Handbook 7o3:"Predicting Soil Erosion by Water:A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture,Agricultural Research Service comb\ Page 45 Construction General Permit TPDES General Permit TXR150000 Appendix C: Isoerodent Map ilwilm �r�1w !.� rag�`�� ice l girl 11!liar/Iliad - Kat wiarair4.4rArairmarirf', , t olio I !� ION 011ie 'di A 111.ILIji O W r 1� " d. ll 40 1040. 4---Tr itoititiniamillsompiitliontittimmlibmilli inwaraiiiiiraWiriwiniiinwit-Www-----r7' . ° yin lir - ill te— • ',CI'Air -- x0iii )1 lit( 20 i ihi)r e lh, ' ; 1 if 34irrAlintiparfik let" trig-Ilieltv.,- iffil 41 'kir!del 040,12v sitge,;,,tiliv'eAlt 11Th oo fl --ek• Ei 1 girmlaktigesio % '1' "Me 46 275 '[.`»,.4a..... el 1 r__;._.. Adapted from Chapter 2 of USDA Agriculture Handbook 703:`Predicting Soil Erosion by Water:A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture,Agricultural Research Service n Page 46 Construction General Permit TPDES General Permit TXR150000 Appendix D: Erosivity Indices for EI Zones in Texas Periods: EI# 1/1 1/16 1/31 2/15 3/1 3/i6 3/31 4/15 4/3o 5/15 5/30 6/14 6/29 7/14 7/29 8/13 8/28 9/12 9/27 10/12110/2711/11 11/26 12/11 12/31 89 0 1 1 2 3 4 7 2 8 27 38 48 55 62 69 76 83 90 94 97 98 99 100 100 100 90 0 1 2 3 4 6 8 13 21 29 37 46 54 6o 65 6• 9 74 81 87 92 9• 5 97 98 99 100 91 0 0 0 0 1 1 12 6 16 29 39 4• 6 53 60 6• 7 74 81 88 95 99 99 100 100 100 92 0 0 0 0 1 1 1 2 6 16 29 39 46 53 60 r 6• 7 74 81 88 95 99 99 100 100 100 93 0 1 1 2 3 4 6 8 13 25 40 49 5• 6 62 67 72 76 8o 85 91 97 98 99 99 100 94 0 1 2 4 6 8 10 15 21 29 38 47 5• 3 57 61 65 7o 76 83 88 9• 1 94 96 98 100 95 0 1 3 5 7 9 11 14 18 27 35 41 4• 6 51 57 6• 2 68 73 79 84 89 93 96 98 100 96 0 2 4 6 9 12 17 23 30 37 43 49 5• 4 58 62 6• 6 7o 74 78 82 86 90 94 97 100 97 0 1 3 5 7 10 14 20 28 37 48 56 61 64 68 72 77 81 86 89 92 95 98 99 100 106 0 3 6 9 13 17 21 27 33 38 44 49 5• 5 61 67 7• 1 75 78 81 84 8• 6 90 94 97 100 Each period begins on the date listed in the table above and lasts until the day before the following period. The final period begins on December ii and ends on December 31. Table adapted from Chapter 2 of USDA Agriculture Handbook 703:`Predicting Soil Erosion by Water:A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture, Agricultural Research Service (1.111k\ Page 47 TCEQ Office Use Only Permit No.: RN: CN: Region: TCEQ Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity under TPDES General Permit (TXR150000) IMPORTANT: • Use the INSTRUCTIONS to fill out each question in this form. • Use the CHECKLIST to make certain all you filled out all required information. Incomplete applications WILL delay approval or result in automatic denial. • Once processed your permit can be viewed at: hlip://www2.tceq.texas.gov/wq dpa/index.cfm ePERMITS: Sign up now for online NOI: https://www3.tceq.texas:gov/steers/index.cfm Pay a$225 reduced application fee by using ePermits. APPLICATION FEE: • You must pay the$325 Application Fee to TCEQ for the paper application to be complete. • Payment and NOI must be mailed to separate addresses. • Did you know you can pay on line? • Go to https://www3.tceq.texas.gov/epav/index.cfm • Select Fee Type: GENERAL PERMIT CONSTRUCI'ION STORM WATER DISCHARGE NOI APPLICATION • Provide your payment information below,for verification of payment: ❑Mailed Check/Money Order No.: Name Printed on Check: ❑EPAY Voucher No.: Is the Payment Voucher copy attached? ❑ Yes RENEWAL: Is this NOI a Renewal of an existing General Permit Authorization? (Note:A permit cannot be renewed after June 3, 2oi3.) ❑Yes The Permit number is:TXR3.5 (If a permit number is not provided, a new number will be assigned.) ❑No a) If the applicant is currently a customer with TCEQ,what is the Customer Number(CN) issued to this entity? You may search for your CN at: http://www12.tceq.texas.gov/crpub/index.cfm?fuseaction=cust.CustSearch CN TCEQ 20022(03/05/2013) Page i CIP'\ b) What is the Legal Name of the entity(applicant)applying for this permit? (The legal name must be spelled exactly as filed with the Texas Secretary of State,County,or in the legal document forming the entity.) c) What is the name and title of the person signing the application? The person must be an executive official meeting signatory requirements in TAC 305.44(a). Prefix(Mr.Ms.Miss): First/Last Name: Suffix: Title: Credential: d) What is the Operator Contact's(Responsible Authority) contact information and mailing address as recognized by the US Postal Service(USPS)? You may verify the address at: http://zip4.usps.com/zip4/welcome jsp Phone#: ext: Fax#: E-mail: Mailing Address: Internal Routing(Mail Code,Etc.): City: State: ZIP Code: If outside USA: Territory: Country Code: Postal Code: e) Indicate the type of Customer(The instructions will help determine your customer type): El Individual ❑Limited Partnership ❑Sole Proprietorship-DBA El Joint Venture El General Partnership ❑Corporation El Trust El Estate ❑Federal Government ❑State Government ❑County Government ❑City Government ❑Other Government f) Independent Operator? ❑Yes ❑No (If governmental entity,subsidiary,or part of a larger corporation,check"No".) g) Number of Employees: ❑0-20; ❑21-100; El101-250; ❑251-500; or ❑50i or higher h) Customer Business Tax and Filing Numbers: (REQUIRED for Corporations and Limited Partnerships. Not Required for Individuals, Government,or Sole Proprietors) State Franchise Tax ID Number: Federal Tax ID: Texas Secretary of State Charter(filing)Number: DUNS Number(if known): 2) APPLICATION CONTACT If TCEQ needs additional information regarding this application,who should be contacted? Is the application contact the same as the applicant identified above? ❑Yes,go to Section 3). ❑ No,complete section below. Prefix(Mr.Ms.Miss): First/Last Name: Suffix: Title: Credential: (11111 , TCEQ 20022(03/05/2013) Page 2 Organization Name: Phone No.: ext: Fax Number: E-mail: Mailing Address: Internal Routing(Mail Code,Etc.): City: State: ZIP Code: Mailing Information if outside USA: Territory: Country Code: Postal Code: 3) REGULATED ENTITY(RE) INFORMATION ON PROJECT OR SITE If the site of your business is part of a larger business site or if other businesses were located at this site before yours,a Regulated Entity Number(RN)may already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ's Central Registry to see if the larger site may already be registered as a regulated site at: http://wwwl2.tceq.texas.gov/crpub/index.cfm?fuseaction=regent.RNSearch. If the site is found,provide the assigned Regulated Entity Reference Number and provide the information for the site to be authorized through this application below. The site information for this authorization may vary from the larger site information. a) TCEQ issued RE Reference Number(RN): RN b) Name of project or site(the name known by the community where located): c) In your own words,briefly describe the primary business of the Regulated Entity: (Do not repeat the SIC and NAICS code): d) County(or counties if> 1) e) Latitude: Longitude: f) Does the site have a physical address? ❑Yes,complete Section A for a physical address. ❑No,complete Section B for site location information. Section A: Enter the physical address for the site. Verify the address with USPS.If the address is not recognized as a delivery address,provide the address as identified for overnight mail delivery, 911 emergency or other online map tools to confirm an address. Physical Address of Project or Site: Street Number: Street Name: City: State: Texas ZIP Code: TCEQ 20022(03/o5/2o13) Page 3 Section:B• ' Enter the site location information If no physical address(Street Number&Street Name),provide a written location access description to the site. (Ex.: located 2 miles west from intersection of Hwy 290&IH35 accessible on Hwy 290 South) City where the site is located or,if not in a city,what is the nearest city: State: Texas ZIP Code where the site is located: 4) GENERAL CHARACTERISTICS a) Is the project/site located on Indian Country Lands? ❑Yes-If the answer is Yes,you must obtain authorization through EPA,Region 6. ❑ No b) Is your construction activity associated with a facility that,when completed,would be associated with the exploration,development,or production of oil or gas or geothermal resources? ❑Yes-If the answer is Yes,you may be under jurisdiction of the Railroad Commission of Texas and may need to obtain authorization through EPA,Region 6. ❑ No c) What is the Primary Standard Industrial Classification(SIC)Code that best describes the ® construction activity being conducted at the site? ` Primary SIC Code: d) If applicable,what is the Secondary SIC Code(s): e) What is the total number of acres disturbed? f) Is the project site part of a larger common plan of development or sale? ❑Yes-If the answer is Yes,the total number of acres disturbed can be less than 5 acres. ❑ No -If the answer is No,the total number of acres disturbed must be 5 or more. If the total number of acres disturbed is less than 5 then the project site does not qualify for coverage through this Notice of Intent. Coverage will be denied. See the requirements in the general permit for small construction sites. g) What is the name of the first water body(s)to receive the stormwater runoff or potential runoff from the site? h) What is the segment number(s)of the classified water body(s)that the discharge will eventually reach? TCEQ 20022(03/05/2013) Page 4 i i) Is the discharge into an MS4? ❑Yes-If the answer is Yes,provide the name of the MS4 operator below. ❑ No If Yes,provide the name of the MS4 operator: Note: The general permit requires you to send a copy of the NOI to the MS4 operator. j) Are any of the surface water bodies receiving discharges from the construction site on the latest EPA-approved CWA 3o3(d)List of impaired waters? ❑ Yes-If the answer is Yes,provide the name(s)of the impaired water body(s)below. ❑ No If Yes,provide the name(s) of the impaired water body(s): k) Is the discharge or potential discharge within the Recharge Zone,Contributing Zone,or Contributing Zone within the Transition Zone of the Edwards Aquifer as defined in 30 TAC Chapter 213? ❑ Yes-If the answer is Yes,complete certification below by checking"Yes." ❑ No I certify that a copy of the TCEQ approved Plan required by the Edwards Aquifer Rule (30 TAC Chapter 213)is either included or referenced in the Stormwater Pollution Prevention Plan. ❑ Yes TCEQ 20022(03/05/2013) • Page 5 5) CERTIFICATION Check Yes to the certifications below. Failure to indicate Yes to ALL items may result in denial of coverage under the general permit. a) I certify that I have obtained a copy and understand the terms and conditions of the Construction General Permit(TXR150000). ['Yes b) I certify that the full legal name of the entity applying for this permit has been provided and is legally authorized to do business in Texas. ❑Yes c) I understand that a Notice of Termination(NOT)must be submitted when this authorization is no longer needed. ❑Yes d) I certify that a Stormwater Pollution Prevention Plan has been developed,will be implemented prior to construction and to the best of my knowledge and belief is Compliant with any applicable local sediment and erosion control plans,as required in the general permit TXR150000. Note: For multiple operators who prepare a shared SWP3,the confirmation of an operator may be limited to its obligations under the SWP3 provided all obligations are confirmed by at least one operator. ❑Yes Operator Certification . Typed or printed name Title certify under penalty of law that this document and all attachments were 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. I further certify that I am authorized under 30 Texas Administrative Code 305.44 to sign and submit this document,and can provide documentation in proof of such authorization upon request. Signature: Date: (Use blue ink) TCEQ 20022(03/05/2013) Page 6 NOTICE OF INTENT-CHECKLIST (TXRi50000) • Did you complete everything? Use this checklist to be sure! • Are you ready to mail your form to TCEQ? Go to the General Information Section of the Instructions for mailing addresses. This checklist is for use by the operator to ensure a complete application. Missing information may result in denial of coverage under the general permit. (See NOI process description in the Instructions) Application.Fee: If paying by Check: n Check was mailed separately to the TCEQs Cashier's Office. (See Instructions for Cashier's address and Application address.) El Check number and name on check is provided in this application. If using ePay: El The voucher number is provided in this application or a copy of the voucher is attached. PERMIT NUMBER n Permit number provided—if this application is for renewal of an existing authorization. OPERATOR INFORMATION-Confirm each item is complete: El Customer Number(CN)issued by TCEQ Central Registry n Legal name as filed to do business in Texas (Call TX SOS 512/463-5555) n Name and title of responsible authority signing the application n Mailing address is complete&verifiable with USPS. www.usps.com n Phone numbers/e-mail address n Type of operator(entity type) n Independent operator EI Number of employees El For corporations or limited partnerships—Tax ID and SOS filing numbers El Application contact and address is complete&verifiable with USPS.http://www.usps.com REGULATED ENTITY(RE)INFORMATION ON PROJECT'OR SITE Confirm each item is complete:� n Regulated Entity Reference Number(RN) (if site is already regulated by TCEQ) El Site/project name/regulated entity 0 Latitude and longitude http://www.tceq.texas.gov/gis/sgmaview.html n County El Site/project physical address. Do not use a rural route or post office box. EI Business description GENERAL CHARACTERISTICS-Confirm each item is complete: n Indian Country Lands—the facility is not on Indian Country Lands n Construction activity related to facility associated to oil,gas,or geothermal resources n Standard Industrial Classification(SIC)Code www.osha.gov/oshstats/sicser.html El Acres disturbed is provided and qualifies for coverage through a NOI n Common plan of development or sale n Receiving water body(s) n Segment number(s) n Impaired water body(s) n MS4 operator n Edwards Aquifer rule CERTIFICATION n Certification statements have been checked indicating"Yes" n Signature meets 3o Texas Administrative Code(TAC)305.44 and is original. fl TCEQ-2oo22 Checklist(03/o5/201.3) Page i Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity under TPDES General Permit (TXR150000) General Information and Instructions GENERAL INFORMATION Where to Send the-Notice of Intent NOI)• _ "! BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Texas Commission on Environmental Quality Environmental Quality Stormwater Processing Center Stormwater Processing Center (MC228) (MC228) P.O.Box 13087 12100 Park 35 Circle Austin,Texas 78711-3087 Austin,TX 78753 TCEQ Contact List.: . Application—status and form questions: 512/239-3700,swpermit@tceq.texas.gov Technical questions: 512/239-4671,swgp@tceq.texas.gov Environmental Law Division: 512/239-0600 Records Management-obtain copies of forms: 512/239-0900 Reports from databases(as available): 512/239-DATA(3282) Cashier's office: 512/239-0357 or 512/239-0187 (1111 Noticc of Intent, Process _ When your NOI is received by the program,the form will be processed as follows: 1) Administrative Review: Each item on the form will be reviewed for a complete response. In addition,the operator's legal name must be verified with Texas Secretary of State as valid and active(if applicable). The address(s)on the form must be verified with the US Postal service as receiving regular mail delivery. Never give an overnight/express mailing address. 2) Notice of Deficiency: If an item is incomplete or not verifiable as indicated above,a notice of deficiency(NOD)will be mailed to the operator. The operator will have 30 days to respond to the NOD. The response will be reviewed for completeness. 3) Acknowledgment of Coverage: An Acknowledgment Certificate will be mailed to the operator. This certificate acknowledges coverage under the general permit. -or- Denial of Coverage: If the operator fails to respond to the NOD or the response is inadequate,coverage under the general permit maybe denied. If coverage is denied,the operator will be notified. General PermitR(YonrPermit) For NOIs submitted electronically through ePermits,provisional coverage under the general permit begins immediately following confirmation of receipt of the NOI form by the TCEQ. For paper NOIs,provisional coverage under the general permit begins 7 days after a completed NOI is postmarked for delivery to the TCEQ. TCEQ-2oo22 Instructions(03/05/2013) Page i You should have a copy of your general permit when submitting your application. You may view and print your permit for which you are seeking coverage,on the TCEQ web site http://www.tceq.texas.gov. Search using key word TXR150000. General Permit Forms_a The Notice of Intent(NOI),Notice of Termination(NOT),and Notice of Change(NOC) (including instructions)are available in Adobe Acrobat PDF format on the TCEQ web site http://www.tceq.texas.gov. Change n Operator- An authorization under the general permit is not transferable. If the operator of the regulated entity changes,the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOT and NOI must be submitted no later than 10 days prior to the change in Operator status. TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a Core Data Form to TCEQ. After final acknowledgment of coverage under the general permit,the program will assign a Customer Number and Regulated Entity Number. You can find the information on the Central Registry web site at http://wwwl2.tceq.texas.gov/crpub/index.cfm. You can search by the Regulated Entity(RN), Customer Number(CN)or Name(Permittee),or by your permit number under the search field labeled"Additional ID". Capitalize all letters in the permit number. The Customer(Permittee)is responsible for providing consistent information to the TCEQ,and for updating all CN and RN data for all authorizations as changes occur. For General Permits,a Notice of Change form must be submitted to the program area. ;Fees associated with a General Permit Payment of the fee may be made by check or money order,payable to TCEQ,or through EPAY (electronic payment through the web). Application Fee: This fee is required to be paid at the time the NOI is submitted. Failure to submit payment at the time the application is filed will cause delays in acknowledgment or denial of coverage under the general permit. Mailed Payments: Payment must be mailed under separate cover at one of the addresses below using the attached Application Fee submittal form. (DO NOT SEND A COPY OF THE NOI WITH THE APPLICATION FEE SUBMITTAL FORM) BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Financial Administration Division Financial Administration Division Cashier's Office,MC-214 Cashier's Office,MC-214 P.O. Box 13088 12100 Park 35 Circle Austin,TX 78711-3088 Austin,TX 78753 TCEQ-2oo22 Instructions(03/05/2oi3) Page 2 ePAY Electronic Payment:http://www.tceq.texas.gov/epav When making the payment you must select Water Quality,and then select the fee category "General Permit Construction Storm Water Discharge NOI Application". You must include a copy of the payment voucher with your NOI. Your NOI will not be considered complete without the payment voucher. INSTRUCTIONS FOR FILLING OUT THE NOI FORM Renewal of General Permit. Dischargers holding active authorizations under the expired General Permit are required to submit a NOI to continue coverage. The existing permit number is required. If the permit number is not provided or has been terminated,expired,or denied a new permit number will be issued. :. Operator;,(Applicant) a)Enter assigned Customer Number(CN) TCEQ's Central Registry will assign each customer a number that begins with CN,followed by nine digits.This is not a permit number,registration number,or license number. If this customer has not been assigned a CN,leave the space for the CN blank. If this customer has already been assigned this number,enter the permittee's CN. b)Legal Name Provide the current legal name of the permittee,as authorized to do business in Texas.The name must be provided exactly as filed with the Texas Secretary of State(SOS),or on other legal documents forming the entity,that is filed in the county where doing business.You may contact the SOS at 512/463-5555,for more information related to filing in Texas. If filed in the county where doing business,provide a copy of the legal documents showing the legal name. c) Person Signing Application Provide information about person signing section 5)Certification. d) Operator Contact's(Responsible Authority)Contact Information and Mailing Address Provide a complete mailing address for receiving mail from the TCEQ.The address must be verifiable with the US Postal Service at hllp://www.usps.com for regular mail delivery(not overnight express mail).If you find that the address is not verifiable using the USPS web search, please indicate the address is used by the USPS for regular mail delivery. The area code and phone number should provide contact to the operator.Leave Extension blank if not applicable. The fax number and e-mail address are optional and should correspond to the operator. e)Type of Customer(Entity Type) Check only one box that identifies the type of entity. Use the descriptions below to identify the appropriate entity type. Note that the selected entity type also indicates the name that must be provided as an applicant for a permit,registration or authorization. TCEQ-20022 Instructions(03/05/2013) Page 3 Sole Proprietorship—DBA A sole proprietorship is a customer 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 If the customer is a Sole Proprietorship or DBA,the`legal name'of the individual business`owner'must be provided. The DBA name is not recognized as the`legal name' of the entity.The DBA name may be used for the site name(regulated entity). Individual An individual is a customer who has not established a business,but conducts an activity that needs to be regulated by the TCEQ. Partnership • A customer that is established as a partnership as defined by the Texas Secretary of State Office(TX SOS).A Limited Partnership or Limited Liability Partnership (Partnership)is required to file with the Texas Secretary of State.A General Partnership or Joint Venture is not required to register with the state. • • Partnership (Limited Partnership or Limited Liability Partnership):A limited partnership is defined in the Act as a partnership formed by two or more persons under the provisions of Section 3 of the Uniform Limited Partnership Act (Art.6132a,Revised Civil Statutes of Texas)and having as members one or more general partners and one or more limited partners.The limited partners as such are not bound by the obligations of the partnership. Limited partners may not take part in the day-to-day operations of the business.A Limited Partnership must file with the Texas Secretary of State.A registered limited liability partnership is a general or limited partnership that is registered with the Texas Secretary of State.The partnership's name must contain the words"Registered Limited Liability Partnership"or the abbreviation"L.L.P."as the last words or letters of its name. • General Partnership:A general partner may or may not invest,participates in running the partnership and is liable for all acts and debts of the partnership and any member of it.A General Partnership does not have limited partners. For a General Partnership,there is no registration with the state or even written agreement necessary for a general partnership to be formed.The legal definition of a partnership is generally stated as"an association of two or more persons to carry on as co-owners a business for profit" (Revised Uniform Partnership Act§ lol [1994]). • Joint Venture:A joint venture is but another name for a special partnership.It might be distinguished from a general partnership in that the latter is formed for the transaction of a general business,while a joint venture is usually limited to a single transaction.That is,a joint venture is a special combination of persons in the nature of a partnership engaged in the joint prosecution of a particular transaction for mutual benefit or profit. Corporation A customer 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 TCEQ-2oo22 Instructions(03/o5/2o13) Page 4 • has proper operating authority to operate in Texas. • The corporation's`legal name'as filed with the Texas Secretary of State must be provided as applicant. An`assumed'name of a corporation is not recognized as the`legal name'of the entity. Government Federal,state,county,or city government(as appropriate) The customer is either an agency of one of these levels of government or the governmental body itself. The government agency's`legal name'must be provided as the applicant. A department name or other description of the organization should not be included as a part of the`legal name'as applicant. Trust or Estate A trust and an estate are fiduciary relationships governing the trustee/executor with respect to the trust/estate property. Other Government A utility district,water district,tribal government,college district,council of governments,or river authority.Write in the specific type of government. f)Independent Entity Check No if this customer is a subsidiary,part of a larger company,or is a governmental entity. Otherwise,check Yes. g)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 the application. h)Customer Business Tax and Filing Numbers These are required for Corporations and Limited Partnerships. These are not required for Individuals,Government, and Sole Proprietors. State Franchise Tax ID Number 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. Federal Tax ID All businesses,except for some small sole proprietors,individuals,or general partnerships should have a federal taxpayer identification number(TIN).Enter this number here.Use no prefixes,dashes,or hyphens.Sole proprietors,individuals,or general partnerships do not need to provide a federal tax ID. TX SOS Charter(filing)Number • Corporations and Limited Partnerships required to register with the Texas Secretary of State are issued a charter or filing number. You may obtain further information by calling SOS at 512/463-5555. DUNS Number Most businesses have a DUNS(Data Universal Numbering System)number issued by Dun and Bradstreet Corp.If this customer has one,enter it here. TCEQ-2oo22 Instructions(03/05/2o13) Page 5 2. APPLICATION CONTACT Provide the name,title and communication information of the person that TCEQ can contact for additional information regarding this application. 3. REGULATED.ENTITY(RE)INFORMATION ON PROJECT OR SITE a) Regulated Entity Reference Number(RN) A number issued by TCEQ's Central Registry to sites(a location where a regulated activity occurs)regulated by TCEQ.This is not a permit number,registration number,or license number. If this regulated entity has not been assigned an RN,leave this space blank. If the site of your business is part of a larger business site,a Regulated Entity Number(RN)may already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ's Central Registry to see if the larger site may already be registered as a regulated site at: http://wvw12.tceq.texas.gov/crpub/index.cfm?fiuseaction=regent.RNSearch If the site is found,provide the assigned Regulated Entity Reference Number(RN)and provide the information for the site to be authorized through this application. The site information for this authorization may vary from the larger site information. An example is a chemical plant where a unit is owned or operated by a separate corporation that is accessible by the same physical address of your unit or facility. Other examples include industrial parks identified by one common address but different corporations have control of defined areas within the site. In both cases,an RN would be assigned for the physical address location and the permitted sites would be identified separately under the same RN. b) Site/Project Name/Regulated Entity Provide the name of the site as known by the public in the area where the site is located.The name you provide on this application will be used in the TCEQ Central Registry as the Regulated Entity name. c) Description of Activity Regulated In your own words,briefly describe the primary business that you are doing that requires this authorization.Do not repeat the SIC Code description. d) County Identify the county or counties in which the regulated entity is located. e) Latitude and Longitude Enter the latitude and longitude of the site in degrees,minutes, and seconds or decimal form. For help obtaining the latitude and longitude,go to: http://wwv.tceq.texas.gov/gis/sgmaview.html or http://nationalmap.gov/ustopo f) Site/Project(RE)Physical Address/Location Information Enter the complete address for the site in Section A if the address can be validated through the US Postal Service. If the physical address is not recognized as a LISPS delivery address,you may need to validate the address with your local police(911 service) or through an online map site used to locate a site.Please confirm this to be a complete and valid address. Do not use a rural route or post office box for a site location. TCEQ-2oo22 Instructions(03/135/2o13) Page 6 If a site does not have an address that includes a street(or house)number and street name, enter NO ADDRESS for the street name in Section A. In Section B provide a complete written location description.For example:."The site is located 2 miles west from intersection of Hwy 290&IH35,located on the southwest corner of the Hwy 290 South bound lane." Provide the city(or nearest city)and zip code of the facility location. 4. GENERAL,CHARACTERISTICS- a) Indian Country Lands If your site is located on Indian Country Lands,the TCEQ does not have authority to process your application. You must obtain authorization through EPA,Region 6,Dallas. Do not submit this form to TCEQ. b) Construction activity associated with facility associated with exploration, development, or production of oil,gas,or geothermal resources If your activity is associated with oil and gas exploration,development,or production,you may be under jurisdiction of the Railroad Commission of Texas and may need to obtain authorization from EPA Region 6. For more information,see: http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?s1=R&app=q&p dir=&p rloc=&p tlo c=&p ploc=&pg=i&p tac=&ti=16&pt=i&ch=3&r1=3o Construction activities associated with a facility related to oil,gas or geothermal resources may include the construction of a well site;treatment or storage facility;underground hydrocarbon or natural gas storage facility;reclamation plant; gas processing facility; compressor station; terminal facility where crude oil is stored prior to refining and at which refined products are stored solely for use at the facility; a carbon dioxide geologic storage facility;and a gathering, (1116\ transmission,or distribution pipeline that will transport crude oil or natural gas,including natural gas liquids,prior to refining of such oil or the use of the natural gas in any manufacturing process or as a residential or industrial fuel. Where required by federal law,discharges of stormwater associated with construction activities under the Railroad Commission's jurisdiction must be authorized by the EPA and the Railroad Commission of Texas,as applicable.Activities under Railroad Commission of Texas jurisdiction include construction of a facility that,when completed,would be associated with the exploration,development,or production of oil or gas or geothermal resources,such as a well site;treatment or storage facility;underground hydrocarbon or natural gas storage facility; reclamation plant;gas processing facility;compressor station;terminal facility where crude oil is stored prior to refining and at which refined products are stored solely for use at the facility; a carbon dioxide geologic storage facility under the jurisdiction of the Railroad Commission of Texas;and a gathering,transmission,or distribution pipeline that will transport crude oil or natural gas,including natural gas liquids,prior to refining of such oil or the use of the natural gas in any manufacturing process or as a residential or industrial fuel.The Railroad Commission of Texas also has jurisdiction over stormwater from land disturbance associated with a site survey that is conducted prior to construction of a facility that would be regulated by the Railroad Commission of Texas. Under 33 U.S.C. §1342(1)(2) and§1362(24),EPA cannot require a permit for discharges of stormwater from"field activities or operations associated with{oil and gas}exploration,production,processing,or treatment operations,or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment,whether or not such field activities or operations maybe considered to be construction activities"unless the discharge is contaminated by contact with any overburden, raw material,intermediate product,finished product,byproduct,or waste product located on the site of the facility.Under§3.8 of this title(relating to Water Protection),the Railroad TCEQ-2oo22 Instructions(03/o5/2o13) Page 7 Commission of Texas prohibits operators from causing or allowing pollution of surface or subsurface water.Operators are encouraged to implement and maintain best management practices(BMPs)to minimize discharges of pollutants,including sediment,in stormwater during construction activities to help ensure protection of surface water quality during storm events. c) Primary Standard Industrial Classification(SIC) Code Provide the SIC Code that best describes the construction activity being conducted at this site. Common SIC Codes related to construction activities include: • 1521-Construction of Single Family Homes • 1522-Construction of Residential Bldgs.Other than Single Family Homes • 1541-Construction of Industrial Bldgs. and Warehouses • 1542-Construction of Non-residential Bldgs,other than Industrial Bldgs.and Warehouses • 1611-Highway and Street Construction,except Highway Construction • 1622-Bridge,Tunnel,and Elevated Highway Construction • 1623-Water, Sewer,Pipeline and Communications,and Power Line Construction For help with SIC Codes,go to: http://www.osha.gov/p1s/imis/sicsearch.html d) Secondary SIC Code Secondary SIC Code(s)maybe provided. Leave blank if not applicable. For help with SIC Codes, go to: http://www.osha.gov/p1s/imis/sicsearch.html e) Total Number of Acres Disturbed Provide the approximate number of acres that the construction site will disturb. Construction activities that disturb less than one acre,unless they are part of a larger common plan that disturbs more than one acre,do not require permit coverage. Construction activities that disturb between one and five acres,unless they are part of a common plan that disturbs more than five acres,do not require submission of an NOI. Therefore,the estimated area of land disturbed should not be less than five,unless the project is part of a larger common plan that disturbs five or more acres. Disturbed means any clearing,grading,excavating,or other similar activities. If you have any questions about this item,please contact the stormwater technical staff by phone at(512)239-4671 or by email at swgp@tceq.texas.gov. f) Common Plan of Development Construction activities that disturb less than five acres do not require submission of an NOI unless they are part of a common plan of development or for sale where the area disturbed is five or more acres.Therefore,the estimated area of land disturbed should not be less than five, unless the project is part of a larger common plan that disturbs five or more acres. Disturbed means any clearing,grading,excavating,or other similar activities. For more information on"What is a common plan of development?"go to: wwv.tceq.texas.gov/permitting/stormwater/common plan of development steps.html For further information,go to the TCEQ stormwater construction webpage at: www.tceq.texas.gov/goto/construction and search for"Additional Guidance and Quick Links".If TCEQ-2oo22 Instructions(03/o5/2o1.3) Page 8 you have any further questions about this item,please call the stormwater technical staff at (512)239-4671. g) Identify the water body(s)receiving stormwater runoff The stormwater may be discharged directly to a receiving stream or through a MS4 from your site. It eventually reaches a receiving water body such as a local stream or lake,possibly via a drainage ditch.You must provide the name of the water body that receives the discharge from the site(a local stream or lake). If your site has more than one outfall you need to include the name of the first water body for each outfall,if they are different. h) Identify the segment number(s)of the classified water body(s) Identify the classified segment number(s)receiving a discharge directly or indirectly.Go to the following link to find the segment number of the classified water body where stormwater will flow from the site:www.tceq.texas.gov/waterquality/monitoring/viewer.html You may also find the segment number in TCEQ publication GI-316: www.tceq.texas.gov/publications/gi/gi-316 If the discharge is into an unclassified receiving water and then crosses state lines prior to entering a classified segment,select the appropriate watershed: • moo(Canadian River Basin) • 0200 (Red River Basin) • 0300(Sulfur River Basin) (.116\ • 0400 (Cypress Creek Basin) • 0500(Sabine River Basin) Call the Water Quality Assessments section at(512)239-4671 for further assistance. i) Discharge into MS4—Identify the MS4 Operator The discharge may initially be into a municipal separate storm sewer system(MS4). If the stormwater discharge is into an MS4,provide the name of the entity that operates the MS4 where the stormwater discharges. 'An MS4 operator is often a city,town,county,or utility district,but possibly can be another form of government.Please note that the Construction General Permit requires the Operator to supply the MS4 with a copy of the NOI submitted to TCEQ. For assistance,you may call the technical staff at(512)239-4671. j) Surface Water bodies on list of impaired waters—Identify the impaired water body(s) Indicate Yes or No if any surface water bodies receiving discharges from the construction site are on the latest EPA-approved CWA 3o3(d)List of impaired waters. Provide the name(s)of surface water bodies receiving discharges or potential discharges from the construction site that are on the latest EPA-approved CWA 3o3(d)List of impaired waters.The EPA-approved CWA 3o3(d)List of impaired waters in Texas can be found at: wvw.tceq.texas.gov/waterquality/assessment/3os 2o3.html NOTE: Do not use any"draft" documents. TCEQ-2oo22 Instructions(03/05/2o13) Page 9 k) Discharges to the Edwards Aquifer Recharge Zone and Certification See maps on the TCEQ website to determine if the site is located within the Recharge Zone, Contributing Zone,or Contributing Zone within the Transition Zone of the Edwards Aquifer at: wvw.tceq.texas.gov/field/eapp/viewer.html If the discharge or potential discharge is within the Recharge Zone,Contributing Zone,or Contributing Zone within the Transition Zone of the Edwards Aquifer,a site specific authorization approved by the Executive Director under the Edwards Aquifer Protection Program(3o TAC Chapter 213)is required before construction can begin. The certification must be answered"Yes"for coverage under the Construction General Permit. The TCEQ approved plan must be readily available for TCEQ staff to review at the time that the NOI is submitted. The general permit requires the approved Contributing Zone Plan or Water Pollution Abatement Plan to be included or referenced as a part of the Stormwater Pollution Prevention Plan. For questions regarding the Edwards Aquifer Protection Program,contact the appropriate TCEQ Regional Office.For projects in Hays,Travis and Williamson Counties:Austin Regional Office,12100 Park 35 Circle,Austin,TX 78753,512-339-2929.For Projects in Bexar,Comal, Kinney,Medina and Uvalde Counties:TCEQ San Antonio Regional Office,14250 Judson Rd., San Antonio,TX 7$233-448o, 210-49o-3096. 5. CERTIFICATIONS Failure to indicate Yes to ALL of the certification items may result in denial of coverage under the general permit. a) Certification of Understanding the Terms and Conditions of Construction General Permit(TXRiS0000) Provisional coverage under the Construction General Permit(TXR150000)begins 7 days after the completed paper NOI is postmarked for delivery to the TCEQ. (Electronic applications submitted through ePermits have immediate provisional coverage). You must obtain a copy and read the Construction General Permit before submitting your application.You may view and print the Construction General Permit for which you are seeking coverage at the TCEQ web site: www.tceq.texas.gov/goto/construction b) Certification of Legal Name The full legal name of the applicant as authorized to do business in Texas is required.The name must be provided exactly as filed with the Texas Secretary of State(SOS),or on other legal documents forming the entity,that is filed in the county where doing business.You may contact the SOS at(512)463 5555,for more information related to filing in Texas. c) Understanding of Notice of Termination A permittee shall terminate coverage under this Construction General Permit through the submittal of a NOT when the operator of the facility changes,final stabilization has been reached,the discharge becomes authorized under an individual permit,or the construction activity never began at this site. d) Certification of Stormwater Pollution Prevention Plan The SWP3 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 collect and TCEQ-2oo22 Instructions(03/o5/2013) Page io (11116\ filter stormwater,tell how those devices are to be maintained,and tell how frequently that maintenance is to be carried out.You must develop this plan in accordance with the TCEQ general permit requirements.This plan must be developed and implemented before you complete this NOI.The SWP3 must be available for a TCEQ investigator to review on request. Operator Certification: The certification must bear an original signature of a person meeting the signatory requirements specified under 3o Texas Administrative Code(TAC) §305.44• IF YOU ARE A CORPORATION: The regulation that controls who may sign an NOI or similar form is 3o Texas Administrative Code§305.44(a)(1)(see below). According to this code provision,any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate procedures. By signing the NOI or similar form,you are certifying that such authority has been delegated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that controls who may sign an NOI or similar form is 3o Texas Administrative Code§305.44(a)(3) (see below). According to this code provision,only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity,it maybe beneficial to consult your city charter,county or city ordinances,or the Texas statute(s)under which your government entity was formed.An NOI or similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to §305.44(a)(3).The signatory requirement may not be delegated to a government representative other than those identified in the regulation.By signing the NOI or similar form,you are certifying that you are , either a ranking elected official or principal executive officer as required by the administrative code. Documentation demonstrating your position as a ranking elected official or principal executive officer maybe requested by the TCEQ. If you have any questions or need additional information concerning the signatory requirements discussed above,please contact the Texas Commission on Environmental Quality's Environmental Law Division at(512)239-0600. 3o Texas Administrative Code §305.44• Signatories to Applications (a) All applications shall be signed as follows. (1) For a corporation,the application shall be signed by a responsible corporate officer. For purposes of this paragraph,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 25o persons or having gross annual sales or expenditures exceeding$25 million(in second-quarter 198o 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 or post-closure order applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. (111 TCEQ-2oo22 Instructions(03/05/2o13) Page ii (2) For a partnership or sole proprietorship,the application shall be signed by a general partner or the proprietor,respectively. (3) 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 paragraph,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 EPA). n TCEQ-2oo22 Instructions(03/o5/2013) Page 12 Texas Commission on Environmental Quality General Permit Payment Submittal Form Use this form to submit your Application Fee only if you are mailing your payment. • Complete items 1 through 5 below: • Staple your check in the space provided at the bottom of this document. • Do not mail this form with your NOI form. • Do not mail this form to the same address as your NOI. Mail this form and your check to: BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Texas Commission on Environmental Quality Quality Financial Administration Division Financial Administration Division Cashier's Office,MC-214 Cashier's Office,MC-214 P.O.Box 13088 12100 Park 35 Circle Austin,TX 78711-3088 Austin,TX 78753 Fee Code: GPA General Permit: TXRi50000 1. Check/Money Order No: (111116'‘ 2. Amount of Check/Money Order: 3. Date of Check or Money Order: 4. Name on Check or Money Order: 5. NOI INFORMATION If the check is for more than one NOI,list each Project/Site(RE)Name and Physical Address exactly as provided on the NOI. DO NOT SUBMIT A COPY OF THE NOI WITH THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES. See Attached List of Sites(If more space is needed,you may attach a list.) Project/Site(RE)Name: Project/Site(RE)Physical Address: -Staple`Checkin Space TCEQ-20134(04/13/2006) Page i Notice of Change (NOC) to.an Authorization TCEQ Office Use Only g Permit No.: for Stormwater Discharges Associated with RN: �.� Construction Activity under TPDES General CN: TCEQ Permit (TXR150000) ****IMPORTANT***** PLEASE.READ THE FOLLOWING INFORMATION AND INSTRUCTIONS BEFORE FILLING OUT THIS FORM.. The form will be returned for one of the following reasons: 1)the permit number is not provided,invalid,or no longer active, 2) a wet ink signature of person meeting signatory requirements for permittee is not provided, 3)the current permittee is not the applicant,and; 4)a requested change in operator name is not a legal name change. THIS FORM CANNOT BE USED FOR A CHANGE IN OPERATOR. REFER TO YOUR GENERAL PERMIT. What is the Permit Number of the authorization to be changed? TXR15 A. APPLICANT INFORMATION: Search Central Registry at wwv 12.tceq texas.aov/croub/ 1.Operator(Permittee) a. What is the full Legal Name of the current Operator as on the authorization? b. What is the TCEQ Central Registry Customer Number assigned to this Operator? CN 2.Permitted Site(required) What is the TCEQ Central Registry Regulated Entity Number assigned for this permitted site? RN B: REQUESTED CHANGE TO PERMITTED INFORMATION What information has changed or needs corrected? (Check one or more of the sections being updated and enter the new information in the corresponding section of this form.) ❑ Operator Legal Name Change with Texas Secretary of State(TX SOS). Go to Section 1 &/or 2 as applicable. (Note: Permits are not transferable. If a change in entity has occurred,this NOC is not attainable.) Address and contact information for Operator,Billing for Annual Fee,or Discharge Monitoring Report forms. Site Information(Regulated Entity) (Note: Permits under a general permit are site specific. If a change in site location has occurred,this NOC is not attainable.) ❑ General Characteristics relating to the regulated activity. 1. OPERATOR LEGAL NAME CHANGE a. What is the NEW active Legal Name with TX SOS or on other legal document? New Legal Name: b. What is the TX SOS Filing Number for us to confirm this official name change? (This is only applicable to Limited Partnership or Corporations.) 2. ADDRESS&CONTACT INFORMATION CHANGE a. What mailing address and/or contact information has changed? (check one or more as applicable) 0 Operator for permit correspondence 0 Site(RE)Mailing Address and contact information E Billing address/contact for Receiving Annual Fee Reporting address/contact for Receiving Discharge Monitoring Statement Reports(DMRs) b. If you selected more than one,is the information to be updated the same for each selection? 0 Yes—Provide the updated information in the fields below. E No— Attachment 1 of the NOC is attached to this form,to provide the different addresses. ATTN or C/O: Address: Suite No./Bldg.No./Mail Code: City: State: ZIP Code: Country Mailing Information(if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: TCEQ-20391 (07/13/2007) Page 1 3. REGULATED ENTITY(RE)..SITE INFORMATION CORRECTION a. Is this a change to the location of the permitted activity? Dyes- this requested change will not be processed since the authorizations are site specific. ONo—go to next question. b. New or Corrected Name of Project or Site: c. Updated Physical Address(new 911 address): Street Number: Street Name: Bldg/Ste No. City: ZIP Code: County(Counties if>1): d. Update or Corrected location access description,if no physical address(Street Number&Street Name): e. Corrected Latitude: N Corrected Longitude: W 4,..:CHANGE IN.CHARACTERISTICS PROVIDED ON ORIGINAL FORM`.` ` Identify the specific change and provide the updated information. If an attachment is need,please reference it below. C;APPLICATION CONTACT , If TCEQ needs additional information regarding this application,who should be contacted? 1. Name: Title: Company: 2.Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: D, :CERTIFICATION, Operator Certification Typed or printed name(REQUIRED) Title(REQUIRED) CIIIIE1 certify under penalty of law that this document and all attachments were 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. I further certify that I am authorized under 30 Texas Administrative Code§305.44 to sign and submit this document,and can provide documentation in proof of such authorization upon request. Signature: Date: (Use blue ink) (REQUIRED) (REQUIRED) TCEQ-20391 (07/13/2007) Page 2 Attachment 1 to a NOC Form for Providing Different Address & Contact Information Related to a Specific Permit under General Permit TXR150000 What is the Permit No.? TXR15 (REQUIRED) ADDITIONAL ADDRESS&CONTACT INFORMATION Fill in the changes as applicable. Incomplete and invalid addresses will not be used. Verify mailing addresses at USPS.com. Operator ATTN or C/O: Address: Suite No./Bldg.No./Mail Code: • City: State: ZIP Code: Country Mailing Information(if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: Billing Address for Receiving Annual Fee Statement ATTN or C/O: Address: Suite No./Bldg.No./Mail Code: City: State: ZIP Code: Country Mailing Information(if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: Site(RE)Mailing Address ATTN or C/O: Address: Suite No./Bldg.No./Mail Code: City: State: ZIP Code: Country Mailing Information(if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: TCEQ-20391 NOC Attachment 1(07/13/2007) Page 1 Ilikl Notice of Change (NOC) to an Authorization for Stormwater Discharges Associated with Construction Activity under TPDES General Permit (TXR150000) General Information and Instructions GENERAL INFORMATION Where to Send the Notice of Change(NOC): BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Stormwater Processing Center (MC228) Stormwater Processing Center (MC228) P.O.Box 13087 12100 Park 35 Circle Austin,TX 78711-3087 Austin,TX 78753 TCEQ Contact list: Application Processing Questions relating to the status and form requirements: 512/239-3700 or email swpermit ri tceq.texas.gov Technical Questions relating to the general permit: 512/239-4671 Environmental Law Division: 512/239-0600 Records Management for obtaining copies of forms submitted to TCEQ: 512/239-0900 Information Services for obtaining reports from program data bases(as available):512/239-DATA (3282) - - Financial Administration's Cashier's office: 512/239-0357 or 512/239-0187 Notice of Change Process: When your NOC is received by the program,the form will be processed as follows: 1. Administrative Review: The form will be reviewed to ensure the request is from the permittee(operator)on the authorization,the permit is active and initial coverage was acknowledged. Each item on the form will be reviewed for a complete response that qualifies for a NOC.In addition,the operator's legal name change must be verified with Texas Secretary of State(if applicable). The address(s)on the form must be verified with the US Postal service as an address receiving regular mail delivery.Never give,an overnight/express mailing address. If an item is incomplete or not verifiable as indicated above,the operator may be notified by letter,phone call or email. In some instances as noted at the beginning of the form,the request may simply be returned. 2. NOC Confirmation: An updated Acknowledgment Certificate will be mailed to the operator only if the NOC is_to change information provided on the acknowledgment certificate. The original coverage effective date will not change. General Permit(Your Permit) You may view and print your general permit on the TCEQ web site www.tceq.texas.eov. Enter the general permit number as the key word in the search box to locate the specific web page. General Permit Forms The Notice of Intent(NOI),Notice of Termination(NOT),and Notice of Change(NOC)with instructions are available in Adobe Acrobat PDF format on the TCEQ web site www.tceq.texas.gov. Change in Operator An authorization under the general permit is not transferable. If the operator of the regulated entity changes,the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOI must be submitted not later than 10 days prior to the change in Operator status. Note that the NOT is effective on the postmarked date.It may be necessary to not terminate the existing permit until coverage by the new entity is confirmed. TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a core data form to TCEQ. You can find the information on the Central Registry web site at wwwl2.tceq.texas.eov/crpub/. You can search by the Regulated Entity(RN),Customer Number(CN)or Name(Permittee),or by your permit number under the search field labeled "Additional ID". The Customer(Permittee)is responsible for providing consistent information to the TCEQ,and for updating all CN and RN data for all associated authorizations as changes occur. For General Permits,a Notice of Change form must be submitted to the program area for approval to update the CN and RN data in central registry. TCEQ-20391 NOC Instructions (07/13/2007) Page 1 INSTRUCTIONS FOR FILLING OUT THE NOC FORM A.Applicant Information(Operator) 1. Provide the current permittee(s)full legal name as on the permit. b. Provide the TCEQ Issued Customer Number(CN)for the entity. Go to litto://www12.tceo.texas.gov/crnub/to locate your CN. If the name(s)provided do not match the current permittee name(s),this form will be returned. It is the responsibility of the permittee(s)to comply with the general permit. Note: If a change is being made to the CN and the CN has other TCEQ authorization types,it is the entity's responsibility to update those authorizations at the same time. If an authorization has been cancelled or terminated,the name can not be changed on the permit. Because of this,a new CN may be issued for the new name. 2. Provide the TCEQ Issued Regulated Entity number assigned for this permitted activity. Go to http://www12.tceq.texas.eov/crpub/ to locate your CN. If the site has changed or the information provided indicates a new location,this form will be returned. It is the responsibility of the(permittees)to comply with the general permit. B. REQUESTED CHANGE TO PERMITTED INFORMATION Check one or more of the available options indicating the information in the form that is to be updated. Provide the updated information in Section 1 for Legal Name Change, Section 2 for Address&Contact Information Change,Section 3 for Regulated Entity Site Information Change,or Section 4 for General Characteristics Change,as applicable. 1.LEGAL NAME CHANGE Provide the new legal name. If the entity is a Limited Partnership or Corporation,the name change must be verifiable with Texas Secretary of State. The TX SOS filing number must be provided to verify only a name change occurred. You may contact the SOS at 512/463-5555,for more information related to filing in Texas. If filed in the county where doing business,provide a copy of the legal documents showing the legal name change. Legal name changes of a Corporation and Limited Partnership will be verified with Texas Secretary of State. If the entity is filed as a new entity with a new filing number,then the change cannot be made through a NOC. The permits are not transferable. If the operator changes,the old entity must terminate their permit and the new entity must submit a form for a new permit. 2.ADDRESS&CONTACT INFORMATION CHANGE Indicate the type of address and contact information that has changed from the original NOI or last NOC submitted to TCEQ. If the address and/or contact information is the same for all types,then check each type and enter the information in the fields on the form. If some types have different information,then use the NOC ATTACHMENT 1. The permit number MUST be written on ATTACHMENT 1 to indicate it is a part of the NOC form for the permit being updated. The updates cannot be made without reference to the submitted NOC form. Mailing Address The address MUST BE verifiable with the US Postal Service at www.usps.com.,for regular mail delivery(not overnight express mail). If you find that the address is not verifiable using the USPS web search,please indicate the address is used by the USPS for regular mail delivery. Failure to provide a valid mailing address will delay or prohibit us from updating the permit. Please note that address updates relating to a general permit authorization can ONLY be made through a Notice of Change. Address changes submitted through any other form can not be processed. 3. REGULATED ENTITY(RE)SITE INFORMATION CORRECTION The NOC form is only for use to update or correct information submitted on the original application or last NOC for the authorization. The authorization under a general permit is site specific. If this change is related to a new location,a Notice of Change is not attainable. Provide the updated site name,updated site addresses,and/or corrected latitude and longitude,as applicable to your NOC request. A new physical address for an existing location is usually the result of a newly assigned 911 address for emergencies. If providing a corrected 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: www.tceq.state.tx.us/gis/dreview.html or www.terraserver.microsoft.com/advfind.aspx. 4.GENERAL CHARACTERISTIC Indicate the change to information originally supplied. For example if the number of acreas of area disturbed has changed,then state:"The number acres of area disturbed has increase to 40 acres." C.Application Contact Provide the name,title and communication information of the person that TCEQ can contact for additional information regarding this application. TCEQ-20391 NOC Instructions (07/13/2007) Page 2 cublD. CERTIFICATIONS The certification must bear an original signature of a person meeting the signatory requirements specified under 30 Texas Administrative Code(TAC) '§305.44. IF YOU ARE A CORPORATION: The regulation that controls who may sign an N OI or similar form is 30 Texas Administrative Code§305.44(a)(1)(see below). A ccording to this code provision,any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate pro cedures. B y signing the NOI or si milar form,you are certifying that such authority has been deleg ated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that controls who may sign an N OI or similar form is 30 Texas Administrative Code§305.44(a)(3)(see below). A ccording to this code provision,only a ranking elected official or principal executive officer may sign an NO1 or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity,it may be beneficial to consult your city charter,county or city ordinances,or the Texas statute(s)under which your government entity was formed.An NOI or similar document that is signed b y a governm ent official who is not a rankin g elected official or princip al executive officer d oes not conform to §305.44(a)(3).The signatory requirement may not be delegated to a government representative other than those identified in the regulation.By signing the NOI or similar form,you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative code. Documentation demonstrating your position as a ranking elected official or principal"executive officer may be requested by the TCEQ. If you have any questions or need additional information concerning the signatory requirements discussed above,please contact the Texas Commission on Environmental Quality's Environmental Law Division at 512/239-0600. 30 Texas Administrative Code §305.44. Signatories to Applications. (a) All applications shall be signed as follows. (1) For a corporation,the application shall be signed by a responsible corporate officer. For purposes of this paragraph,a responsible corporate officer m eans a pres ident,secretary, treasurer,or v ice-president of the corpor ation in charge of a pr incipal business function,or any other person who performs si milar policy or decisi on-making functions for the corpor ation;or the manager of one or more manufacturin g,production,or operating facili ties employing m ore than 250 persons or having gross annual sales or expend itures exceeding $25 million(in sec ond-quarter 1980 dollars),if authority to sign docu ments has been assigned or de legated to the manager in accordance with corporate procedures. Corporate pro cedures governing authority to sign permit or post-closure order applicati ons may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. (2) For a partnership or sole proprietorship,the application shall be signed by a general partner or the proprietor,respectively. (3) 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 paragraph,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 EPA). TCEQ-20391 NOC Instructions (07/13/2007) Page 3 ice Use Only Q Offff FIN Notice of Termination (NOT) TCEQ Perm N ovirkw for Authorizations under RN: TPDES General Permit TXR150000 CN: TCEQ Sign up now for on line NOT at https://www6.tceq.texas.gov/steers/ Get your NOT Confirmation letter immediately after submitting the on line NOT form. What is the permit number to be terminated? Processing will be delayed without the permit number. TXR15 A. OPERATOR(applicant) 1. What is the Customer Number(CN)issued to this entity? CN 2. What is the full Legal Name of the current permittee? This must be the current permittee of the permit to be terminated. 3. What is the applicant's mailing address as recognized by the US Postal Service? Address: Suite No./Bldg.No./Mail Code: City: State: ZIP Code: Country Mailing Information(if outside USA). Country Code: Postal Code: 4. Phone No.: ( ) Extension: 5. Fax No.: ( ) E-mail Address: B. REGULATED ENTITY(RE)INFORMATION ON PROJECT OR SITE 1. What is the TCEQ Issued RE Reference Number(RN)? RN 2. Name of Project or Site as currently permitted): (example:phase and name of subdivision or name of project that's unique to the site) 3. Physical Address of Project or Site as currently permitted: (enter in spaces below) Street Number: Street Name: City: ZIP Code: County(Counties if>1): 4. If no physical address(Street Number&Street Name),provide the written location access description to the site: C. REASON FOR TERMINATION Check the reason for termination: 0 Final stabilization has been achieved on all portions of the site that are the responsibility of the Operator and all silt fences and other temporary erosion controls have either been removed,or scheduled for removal as defined in the SWP3. Another permitted Operator has assumed control over all areas of the site that have not been finally stabilized,and temporary erosion controls that have been defined in the SWP3 have been transferred to the new Operator. 0 The activity is now authorized under an alternate TPDES permit. El The activity never began at this site that is regulated under the general permit. D.CERTIFIC ATION Typed or printed name Title certify under penalty of law that this document and all attachments were 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. I further certify that I am authorized under 30 Texas Administrative Code§305.44 to sign and submit this document,and can provide documentation in proof of such authorization upon request. Signature: Date: (Use blue ink) TCEQ-20023(02/06/2007) Page 1 Notice of Termination (NOT) for Authorizations under TPDES General Permit TXR150000 General Information and Instructions GENERAL INFORMATION Where to Send the Notice of Intent(NOI): BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Stormwater Processing Center(MC228) Stormwater Processing Center(MC228) P.O.Box 13087 12100 Park 35 Circle Austin,TX 78711-3087 Austin,TX 78753 TCEQ Contact list: Application Processing Questions relating to the status and form requirements: 512/239-3700 or swpermit@tceq.texas.gov Technical Questions relating to the general permit: 512/239-4671 Environmental Law Division: 512/239-0600 Records Management for obtaining copies of forms submitted to TCEQ: 512/239-0900 Information Services for obtaining reports from program data bases(as available): 512/239-DATA(3282) Financial Administration's Cashier's office: 512/239-0357 or 512/239-0187 Notice of Termination Process: A Notice of Termination is effective on the date postmarked for delivery to TCEQ. When your NOT is received by the program,the form will be processed as follows: 1. Administrative Review: The form will be reviewed to confirm the following: • the permit number is provided • the permit is active and has been approved • the entity terminating the permit is the current permittee • the site information matches the original permit record • the form has the required original signature with title and date 2. Notice of Deficiency: If an item is incomplete or not verifiable as indicated above,a phone call will be made to the applicant to clear the deficiency. A letter will not be sent to the permittee if unable to process the form. 3. Confirmation of Termination: A Notice of Termination Confirmation letter will be mailed to the operator. General Permit(Your Permit) Coverage under the general permit begins 48 hours after a completed NOI is postmarked for delivery to the TCEQ. You should have a copy of your general permit when submitting your application. You may view and print your permit for which you are seeking coverage,on the TCEQ web site ww'w.tceq.texas.gov General Permit Forms The Notice of Intent(NOI),Notice of Termination(NOT),and Notice of Change(NOC)with instructions are available in Adobe Acrobat PDF format on the TCEQ web site www.tceq.texas.gov. Change in Operator An authorization under the general permit is not transferable. If the operator or owner of the regulated entity changes,the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOT and NOI must be submitted not later than 10 days prior to the change in Operator status. TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a core data form to TCEQ. After final acknowledgment of coverage under the general permit,the program will assign a Customer Number(CN)and Regulated Entity Number(RN). For Construction Permits,a new RN will be assigned for each Notice of Intent filed with TCEQ,since construction project sites can overlap with other Customers. The RN assigned to your construction project will not be assigned to any other TCEQ authorization. You can find the information on the Central Registry web site at w w12.tceq.texas.gov/crpub/. You can search by the Regulated Entity(RN),Customer Number(CN)or Name(Permittee),or by your permit number under the search field labeled "Additional ID". Capitalize all letters in the permit number. TCEQ-20023 Instructions(02/06/2007) Page 1 The Customer(Permittee)is responsible for providing consistent information to the TCEQ,and for updating all CN and RN data for all authorzations as changes occur. For General Permits,a Notice of Change form must be submitted to the program area. Annual Water Quality Fee: This fee is assessed to operators with an active authorization under the general permit on September 1 of each year. The operator will receive an invoice for payment of the annual fee in November of each year. The payment will be due 30 days from the invoice date. A 5% penalty will be assessed if the payment is received by TCEQ after the due date. Annual fee assessments cannot be waived as long as the authorization under the general permit is active on September 1. It's important for the operator to submit a Notice of Termination(NOT)when coverage under the general permit is no longer required.A NOT is effective on the postmarked date of mailing the form to TCEQ. It is recommended that the NOT be mailed using a method that documents the date mailed and received by TCEQ. •Mailed payments: You must return your payment with the billing coupon provided with the billing statement. •ePAY Electronic Payment: Go to www6.tceq.texas.gov/epav/ You must enter your account number provided at the top portion of your billing statement. Payment methods include Mastercard,Visa,and electronic check payment(ACH). A transaction over$500 can only be made by ACH. INSTRUCTIONS FOR FILLING OUT THE NOT FORM A.OPERATOR(current permittee.) 1.TCEQ Issued Customer Number(CN) 2. Legal Name of Operator The operator must be the same entity as previously submitted on the original Notice of Intent for the permit number provided. 3.Operator Mailing Address Provide a complete mailing address for receiving mail from the TCEQ. Update the address if different than previously submitted in the Notice of Intent or Notice of Change. 4.Phone Number,Fax Number,and E-mail Address Provide updated contact information. mow, B.REGULATED ENTITY(RE)INFORMATION ON PROJECT OR SITE - 1` 1.Regulated Entity Reference Number(RN) - 2.Site/Project Name/Regulated Entity Provide the name of the site as previously submitted in the Notice of Intent for the permit number provided. 3.Site/Project(RE)Physical Address Provide the physical address or location access description as previously submitted for the permit number provided. C. REASON FOR TERMINATION Indicate the reason for terminating the permit by checking one of the options. If the reason is not listed then provide an attachment that explains the reason for termination. Please read your general permit carefully to determine when to terminate your permit. Permits will not be reactivated after submitting a termination form. The termination is effective on the date postmarked for delivery to TCEQ. D. CERTIFICATIONS The certification must bear an original signature of a person meeting the signatory requirements specified under 30 Texas Administrative Code(TAC) §305.44. IF YOU ARE A CORPORATION: The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative Code§305.44(a)(1)(see below). According to this code provision,any corporate representative may sign an NOT or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate procedures. B y signing the NOI or similar form,you are certifying that such authority has been delegated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that controls who may sign an N OI or similar form is 30 Texas Administrative Code§305.44(a)(3)(see below). According to this code provision,only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity,it may be beneficial to consult y our city charter,county or city ordinances,or the Texas statute(s)under which y our government entity was formed.An NOI or similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to TCEQ-20023 Instructions(02/06/2007) Page 2 I §305.44(a)(3).The signatory requirement may not be delegated to a government representative other than those identified in the regulation.By signing (1.11111k. the NOI or similar form,you are certifying that you are either a ranking elected official or prin cipal executive officer as required by the administrative code. Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ. If you have any questions or need additional information concerning the signatory requirements discussed above,please contact the Texas Commission on Environmental Quality's Environmental Law Division at 512/239-0600. 30 Texas Administrative Code §305.44. Signatories to Applications. (a) All applications shall be signed as follows. (1) For a corporation,the application shall be signed by a responsible corporate officer. For purposes of this paragraph,a responsible corporate officer m ems a president,s ecretary, treasurer,or v ice-president of the corpor ation 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 or post-closure order applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. (2) For a partnership or sole proprietorship,the application shall be signed by a general partner or the proprietor,respectively. (3) 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 paragraph,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 EPA). TCEQ-20023 Instructions(02/06/2007) Page 3 O ere ,mmomi SMALL CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality(TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part II.E.2. of the TCEQ General Permit Number TXR150000 for discharges of stormwater runoff from small construction sites. Additional information regarding the TCEQ stormwater permit program may be found on the internet at: http://www.tceq.state.tx.usinav/permits/wq_construction.html Operator Name: Contact Name and Phone Number: Project Description: Physical address.or description of the site's location, estimated start date and projected end date, or date that disturbed soils will be stabilized Location of Stormwater Pollution Prevention Plan: For Small Construction Activities Authorized Under Part ll.E.2. (Obtaining Authorization to Discharge) the following certification must be completed: I (Typed or Printed Name Person Completing This Certification)certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.E.2. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A stormwater pollution prevention plan has been,developed and will be implemented prior to construction, according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part II.F.3. Iftimmi -Naomi er .■ rear' r®d Imir limor ANN Illftaitii -411111111111111 LARGE CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality(TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 "SECONDARY OPERATOR "NOTICE This notice applies to secondary operators of construction sites operating under Part II.E.3. of the TPDES General Permit Number TXR150000 for discharges of stormwater runoff from construction sites equal to or greater than five acres, including the larger common plan of development. The information on this notice is required in Part III.D.2. of the general permit. Additional information regarding the TCEQ stormwater permit program may be found on the intemet at: http://www.tceq.state.tx.us/nav/permits/wq construction.html Site-Specific TPDES Authorization Number: Operator Name: Contact Name and Phone Number: Project Description: Physical address or description of the site's location, and estimated start date and projected end date, or date that disturbed soils will be stabilized. Location of Stormwater Pollution Prevention Plan(SWP3): For Large Construction Activities Authorized Under Part II.E.3. (ObtainingAuthorization to Discharge) g g ) the following certification must be completed: I (Typed or Printed Name Person Completing This Certification)certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.E.3. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A stormwater pollution prevention plan has been developed and will be implemented prior to construction, according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges,including the possibility of fine and imprisonment for knowing violations. Signature and Title Date (11.11'.' Date Notice Removed MS4 operator notified per Part II.F.3. MOW *MOP lorml IMP JIMM1 11 LARGE CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality(TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 "PRIMARY OPERATOR"NOTICE This notice applies to construction sites operating under Part II.E.3. of the TPDES General Permit Number TXR150000 for discharges of stormwater runoff from construction sites equal to or greater than five acres, including the larger common plan of development. The information on this notice is required in Part III.D.2. of the general permit. Additional information regarding the TCEQ stormwater permit program may be found on the internet at: http://wvvw.tceq.state.tx.us/nav/pennits/wq_construction.html Site-Specific TPDES Authorization Number: Operator Name: Contact Name and Phone Number: Project Description: Physical address or description of the site's location, and estimated start date and projected end date, or date that disturbed soils will be stabilized. Location of Stormwater Pollution Prevention Plan: =MT (1.14 Owl nor mai +.ter Mier fiefford SMALL CONSTRUCTION SITE NOTICE: LOW POTENTIAL FOR EROSION FOR THE Texas Commission on Environmental Quality(TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part II.E.1. of the TCEQ General Permit Number TXR150000 for discharges of stormwater runoff from small construction sites automatically authorized based on low rainfall erosivity. Additional information regarding the TCEQ stormwater permit program may be found on the internet at: http://www.tceq.state.tx.us/nav/perrnits/wq_construction.html Operator Name: issw Contact Name and Phone Number: Project Description: (Physical address or description of the site's location, estimated start date and projected end date,or date that disturbed soils will be stabilized) For Small Construction Sites Authorized Under Part II.E.1., the following certification must be completed: I (Typed or Printed Name Person Completing This Certification)certify under penalty of law that I have read and understand the eligibility requirements for claiming an automatic authorization based on low rainfall erosivity under Part II.E.1. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. Construction activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit for this county, that period beginning on and ending on . I understand that if construction activities continue past this period, all stormwater runoff must be authorized under a separate provision of the general permit. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part II.F.3. 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 Descriptions of measures and practices, in response to TPDES General Permit TXR 150000, which shall be used on the Work to eliminate or significantly minimize pollutants in discharges into Surface Water in the State by controlling erosion and sediments at their source. B References to Technical Specifications: 1. Section 01550—Stabilized Construction Exit 2. Section 01562—Waste Material Disposal 3. Section 01500—Temporary Facilities and Controls C Definitions: 1. Potential Water Pollutant- any substance that could potentially alter the physical, thermal, chemical, or biological quality of the Surface Water in the State, rendering 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. 1.02 MEAUSREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Contractor shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Plans and this Technical Specification. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C The Contractor shall install, maintain, and inspect erosion and sediment control measures and practices that operate effectively and as specified in the Plans and in this or other Technical Specifications. 07/2006 01566- 1 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION D Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of the limits of construction or dedicated rights-of-way and easements. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the Contractor. E The Contractor shall be responsible for collecting, storing, hauling, and disposing of spoil, silt, waste materials, and contaminated material resulting from erosion and sediment control measures as specified in this or other Technical Specifications and in compliance with applicable federal, state, and local rules and regulations. 3.02 EXPOSED SOIL A When soil is exposed as a result of clearing,grading,excavating,stockpiling,or other soil disturbing activities, the Contractor shall implement measures to effectively control erosion and prevent the escape of sediments from the Project Site. B Control measures may include the following practices: 1. Preserve existing vegetation to the extent possible. 2. Construct drainage swales, berms, or sediment basins. 3. Maintain grades to minimize the velocity of sheet flow over disturbed areas and.promote evaporation and infiltration of storm water directly into the ground. 4. Install filter fabric fences or barriers, sediment traps, seepage basins, gabions, or storm drain inlet protection devices. 5. Utilize vegetative buffer strips, mulching, or riprap C When the placement of topsoil,bank sand, or other soil material is specified, after an area has been brought to grade and immediately prior to placement, loosen the subgrade discing or by scarifying to a depth of at least 2 inches to permit bonding to the subsoil. D When all soil disturbing activities have been completed, establish a perennial vegetative cover on all areas that are not paved, covered by permanent structures, or • otherwise permanently stabilized. 3.03 DUST CONTROL A Implement control measures to minimize dust creation and movement on construction sites and roads and to prevent airborne sediment from reaching receiving streams or storm 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 measures: 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. 07/2006 01566-2 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 5. Barriers using solid board fences, burlap fences, crate walls,bales of hay, or similar materials. C Implement dust control measures immediately whenever dust can be observed blowing on the Project Site. 3.04 DEMOLITION AREAS A Demolition activities which create large amounts of dust with significant concentrations of heavy metals or other potential water pollutants shall use methods described in this Section,3.03"Dust Control",to limit transport of airborne pollutants. However, water or slurry used to control dust contaminated with heavy metals or potential water pollutants shall be retained on the Project Site and shall not be allowed to run directly into watercourses or storm water conveyance systems by the appropriate use of control measures described in this Section. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.05 SEDIMENT TRACKING A Minimize off-site tracking of sediments and the generation of dust by construction vehicles, keeping the streets clean or construction debris and mud, by implementing one or more of the following control measures: 1. Restrict all ingress and egress to stabilized construction exits. 2. Stabilize areas used for staging,parking, storage or disposal. 3. Stabilize on-site vehicle transportation routes. 4. Remove mud and other debris, washing if necessary, from vehicles prior to entrance onto public roadways from the Project Site. 5. Maintain grade to minimize the occurrence of mud on the Project Site. B Construct stabilized construction areas under the provisions of Section 01550 — Stabilized Construction Exists. C In addition to Stabilized Construction Exits shovel or sweep the pavement to the extent necessary to keep the street clean: Water-hosing or sweeping of debris and mud off of the street into adjacent areas is not allowed. 3.06 EQUIPMENT MAINTENANCE AND REPAIR A Control equipment maintenance and repair so that oils,gasoline,grease,solvents,and other potential water pollutants cannot be washed directly into receiving streams or storm water conveyance systems. B Control measures may include the following practices: 1. Confine maintenance and repair of construction machinery and equipment to areas specifically designated for that purpose. 2. Provide these areas with adequate waste disposal receptacles for liquid as well as solid waste. 07/2006 01566-3 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION Clib\ 3. Clean and inspect maintenance and repair areas daily. 4. Stabilize the area with coarse aggregate. 5. Maintain grade to prevent surface water from flowing over the area. 6. Place plastic matting,packed clay, tar paper, or other impervious material to prevent contamination of soil in the area. 7. Isolate areas of contaminated soil or other materials to facilitate proper removal and disposal. C Where effective control measures are not feasible,equipment shall be taken off-site for maintenance and repair. 3.07 WASTE COLLECTION AND DISPOSAL A Conduct operations in conformance with the plan provided in Section 01562—Waste Material Disposal and utilize such control measures,described in this Section,as may be necessary to eliminate or significantly reduce the discharge of possible water pollutants from the Project Site as a result of waste collection and disposal. 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. Cullh\ 3.08 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. Preventative measures may include the following practices: 1. Designate special areas for washing vehicles. 2. 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. 3. Beneath wash areas construct a gravel or rock base to minimize mud production. B Construct washing areas under the provisions of Section 01550 — Stabilized Construction Exists. 3.09 STORAGE AND USAGE OF POTENTIAL WATER POLLUTANTS A Store and use potential water pollutants such as pesticides,fertilizers,distillate fuels, lubricants, solvents, cements, paints, acids, caustics, and other toxic substances in accordance with manufacturers' guidelines, Material Safety Data Sheets, and with local, state, and federal regulations. 07/2006 01566-4 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION B Isolate these substances in areas where they are to be stored,opened or used such that they will not cause pollution of runoff from the Project Site. Preventative measures may include the following practices: 1. Stabilize the area with coarse aggregate. 2. Store containers on raised platforms. 3. Place plastic matting, packed clay, tar paper, or other impervious material to prevent contamination of soil in the area. 4. Provide protective cover or weather proof enclosure. 5. Minimize accidental spillage. 6. Keep containers tightly closed. 7. Periodically inspect containers for leakage. 8. Maintain grade to prevent surface water from flowing over the area. 9. Provide berms, filter fabric fences or barriers, or sediment basins. 10. Designate washing areas for containers and other items that have come in contact with potential water pollutants. C Avoid overuse of substances such as pesticides and fertilizers which could produce contaminated runoff. 3.10 SANITARY FACILITIES A Provide the Project Site with adequate portable toilets for workers in accordance with Section 01500—Temporary Facilities and Controls,and applicable health regulations. B Control areas where sanitary facilities are located so that sewage or chemicals will not be washed directly into receiving streams or storm water conveyance systems by using one or more of the following measures. 1. Inspect the facilities daily. 2. Service the facilities as often as necessary to maintain cleanliness and prevent overflows. 3. Stabilize the area with coarse aggregate 4. Maintain grade to prevent surface water from flowing over the area END OF SECTION 07/2006 01566-5 of 5 CITY OF PEARLAND MATERIAL AND EQUIPMENT (11"6.\ Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications: 1. Section 01566—Source Controls for Erosion &Sedimentation 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this work is a component. 1.03 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 (11/6.`. 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 Work. 1.04 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. 1.05 DELIVERY A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600- 1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site �! and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project 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. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, 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. 1.07 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. 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. 07/2006 01600-2 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT C 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. D Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the Project Manager. F Provide off-site storage and protection when on-site storage is not adequate. G 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. Damage to lawns,sidewalks,streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss or damage. I Store materials in manufacturers' unopened containers. J Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. K - -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 Project Manager. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01600-3 of 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 pre- approved, and approved products or processes C References to Technical Specifications: 1. Section 01350—Submittals 1.02 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350—Submittals. 1.03 DEFINITIONS A Product: Means,materials,equipment,or systems incorporated into the Work.Product does not include machinery and equipment used for production,fabrication,conveying, n - 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. 1.04 SELECTION OPTIONS A Pre-approved Products: Products of certain manufacturers or suppliers are designated in the Technical Specifications as"pre-approved". Products of other manufacturers or suppliers will not be acceptable under this Contract and will not be considered under the submittal process for approving alternate products. B Approved Products: Products of certain manufacturers or suppliers designated in the Technical Specifications followed by the words "or approved equal". Approval of alternate products not listed in the Technical Specifications may be obtained through provisions of this Section and Section 01350—Submittals. The procedure for approval of alternate products is not applicable to Pre-approved 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. 07/2006 01630- 1 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.05 CONTRACTOR'S RESPONSIBILITY A Furnish information the Engineer deems necessary to judge equivalency of the alternate product. B Pay for laboratory testing as well as any other review or examination cost needed to establish the equivalency between products which enables the Engineer to make such a judgment. C If the Engineer determines that an alternate product is not equivalent to that named in the Technical Specifications,the Contractor shall furnish one of the specified products. 1.06 ENGINEER'S REVIEW A Alternate products 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 deemed advantageous to the Owner, and similarly, to reject any product deemed not beneficial to the Owner. 1.07 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 product to be considered as an alternate product along with the product information within fourteen(14)days after the Effective Date of the Agreement. C 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. 07/2006 01630-2 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Shop Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in Construction Schedule 6. Relationship 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 - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01630-3 of 3 CITY OF PEARLAND STARTING SYSTEMS Section 01750 STARTING SYSTEMS 1.0 GENERAL 1.01 SECTION INCLUDES A Starting systems. B Demonstration and instructions. C Testing, adjusting, and balancing. D References to Technical specifications: 1. Section 01350—Submittals 2. Section 01430—Contractor's Quality Control 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. p� 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit a written report that equipment or system has been properly installed and is functioning correctly. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 3.01 PREPARATION A Contractor shall conduct all start-up operations under this Contract in conformance with Section 01430—Contractor's Quality Control. B Coordinate schedule for start-up of various equipment and systems. C Notify Engineer 7 days prior to startup of each item. D Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. E Verify that tests, meter readings, and specified electrical characteristics agree with (11111h\ those required by the equipment or system manufacturer. 07/2006 01750- 1 of 2 CITY OF PEARLAND STARTING SYSTEMS F Verify wiring and support components for equipment are complete and tested. G Execute start-up under Contractor's supervision in accordance with manufacturer's instructions. H When specified in individual specification sections,require manufacturer to provide authorized representative to be present at site to inspect,check and approve equipment or system installation prior to and during start-up,and to supervise placing equipment or system in operation. 3.02 DEMONSTRATION AND INSTRUCTIONS A Demonstrate operation and maintenance of products to Owner two weeks minimum prior to date of Substantial Completion. B Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owner in detail to explain all aspects of operation and maintenance. C Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing, maintenance, and shutdown of each item of equipment at agreed-upon times, at equipment location. D Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. 3.03 TESTING,ADJUSTING,AND BALANCING A Contractor shall start, test, adjust, balance, and provide reports on all installed equipment as provided for in this section. B Owner may also appoint, employ, and pay for services of an independent firm to perform testing, adjusting, and balancing. Reports will be submitted by the independent firm to the Owner indicating observations and results of the tests and indicating compliance or non-compliance with specified requirements and with the requirements of the Contract Documents. C Owner's employment of an independent firm shall not relieve the Contractor's responsibility under this section. END OF SECTION 07/2006 01750-2 of 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. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01770—Contract Closeout 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350—Submittals. 1.04 MAINTENANCE OF DOCUMENTS AND SAMPLES A Maintain one copy of Record Documents at the Project Site in accordance with Section 00700—General Conditions of Agreement, 3.02 "Keeping Plans and Specifications Accessible". 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. 1.05 RECORDING A Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B Plans, Change Orders, and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions,including: (111.6\ 1. Measured horizontal locations and elevations of underground utilities and appurtenances,referenced to permanent surface improvements. 07/2006 01760- 1 of 2 CITY OF PEARLAND PROJECT RECORD DOCUMENTS 2. Elevations of underground utilities referenced to bench marks utilized for the Work. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original Plans. 6. References to related Shop Drawings and Modifications. C Record information with a red pen or pencil on a set of drawings indicated as the Record Document Set, provided by Engineer. 2.0 PRODUCTS - Not Used 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770— Contract Closeout. END OF SECTION n 07/2006 01760-2 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT 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. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01760—Project Record Documents 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. 1.04 CLOSEOUT PROCEDURES A Comply with Section 00700 — General Conditions of Agreement regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final inspection. B Provide Record Documents under provisions of Section 01760 — Project Record Documents. 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 Section 00700—General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. 1.05 FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean Project Site; sweep paved areas,rake clean landscaped surfaces. 09/2009 01770- 1 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT D Remove waste and surplus materials, rubbish, and temporary construction facilities 7-14) from the Project Site following the final test of utilities and completion of the Work. 1.06 OPERATION AND MAINTENANCE DATA A Submit Operations and Maintenance data under provisions of Section 01350 - Submittals. 1.07 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. C Submit warranties prior to Final Application for Payment. 1. Warranties shall commence in accordance with the requirements of Section 00700-General Conditions of Agreement, 1.09 "Substantially Completed". 2.0 PRODUCTS - NotUsed 3.0 E XE C U T I O N Contractor shall diligently pursue completion of the items and activities contained in the Contract Close Out and Project Record Document sections of the project manual. Notwithstanding any performance of warranty work,the - work of Contract Closeout shall be complete within thirty(30) days of the date of Final Completion and Acceptance of the work. END OF SECTION n 09/2009 01770-2 of 2 CITY OF PEARLAND SITE PREPARATION Section 02200 SITE PREPARATION 1.0 GENERAL 1.01 SECTION INCLUDES A Removal of topsoil, stripping and stockpiling, clearing and grubbing. B Removal and disposal of waste materials, excess materials, debris and trash. C Removal of obstructions. D Excavation and fill. E Salvaging of designated item. F References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01450-Testing Laboratory Services 4. Section 01500—Temporary Facilities and Controls 5. Section 02255—Bedding, Backfill and Embankment Material (11111h\' 6. Section 02330—Embankment 7. - Section 01140—Contractor's Use of Premises G Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. B If Site Preparation is included as a Bid Item,measurement will be based on the Units shown in Section 00300 — Bid Proposal and in accordance with Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit embankment material sources and product quality information in accordance this Section. 07/2006 02200- 1 of 4 CITY OF PEARLAND SITE PREPARATION 1.04 TESTING A Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450—Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. 2.0 PRODUCTS 2.01 MATERIALS A Contractor shall provide materials used as embedment, backfill, back-dressing, and embankment identified on the Plans in accordance with Section 02255 — Bedding, Backfill and Embankment Material. 3.0 EXECUTION 3.01 CLEARING AND GRUBBING. A Clear Project Site of trees,shrubs,and other vegetation,except for those designated by Owner to be left standing. B Use only hand methods for grubbing inside drip line of trees designated to remain. C Completely remove stumps,roots,and other debris protruding through ground surface. 1. On areas required for roadway, channel, or structural excavation, remove stumps, 2" diameter or larger limbs and roots, to depth of 2 feet below lower elevation of excavation. 2. On areas required for embankment construction, remove 2" diameter limbs, stumps and roots to depth of 2 feet below ground surface 3. Trees and stumps may be cut off as close to natural ground as practicable on areas which are to be covered by at least 3 feet of embankment D Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 6 inches loose depth,and thoroughly compact to density equal to adjacent original ground. E Complete operations by bulldozing,blading, and grading so that prepared area is free of holes, unplanned ditches, abrupt changes in elevations and irregular contours, and preserve drainage of area. 1. Blade entire area to prevent ponding of water and to provide drainage,except in areas to be immediately excavated 07/2006 02200-2 of 4 CITY OF PEARLAND SITE PREPARATION 3.02 TOPSOIL STRIPPING AND STOCKPILING A Obtain approval of topsoil quality before excavating and stockpiling. B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated. C Topsoil Stripping: 1. Remove growths of grass from areas before stripping. 2. Topsoil is defined as surface soil found of depth of not less than 4,inches. 3. Strip topsoil to depths encountered. 4. Perform stripping in a manner to prevent intermingling of topsoil with underlying sterile subsoil and remove objectionable materials,including clay lumps, stones over 2 in. in diameter, weeds, roots, leaves, and debris. 5. Where trees are designated by Owner to be left standing,stop topsoil stripping at extreme limits of tree drip line to prevent damage to main root system. D Topsoil Stockpiling: 1. Stockpile in areas designated on Plans. 2. Construct storage piles to freely drain surface water. 3. Cover storage piles,if required to prevent wind-blown dust. 4. Stockpile topsoil to depth not exceeding 8 feet. Stockpile in a manner to prevent erosion. (1/16*; 3.03 UNSUITABLE MATERIAL A Undercut, remove, and replace material which Engineer designates as unsuitable for subsequent construction. B Material used to replace unsuitable material shall be suitable material from site excavation or as indicated on Plans. 3.04 EXCAVATION AND FILL A Depressed site areas shall be filled using material from high areas, insofar as practicable. B When fill obtained from high areas is exhausted, fill to indicated rough grade elevations under roadways with"Structural Fill"and open areas not under structures or roadways with"General Fill", or as indicated on Plans. C Place and compact fill in accordance with Section 02330—Embankment. 3.05 SALVAGEABLE ITEMS AND MATERIAL A Items designated by Engineer to be salvaged are to be carefully removed,so as to cause no damage to the salvaged items and delivered to Owner's storage yard. (1111.h\ 07/2006 02200-3 of 4 CITY OF PEARLAND SITE PREPARATION 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140—Contractor's Use of Premises. END OF SECTION 07/2006 02200-4 of 4 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES 7'\ Section 02318 EXCAVATION AND BACKFILL FOR UTILITIES 1.0 GENERAL 1.01 SECTION INCLUDES A. Excavation,trenching,foundation,embedment,and backfill for installation of utilities, storm sewers including manholes, pipeline structures and other associated appurtenances. B. References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01570—Trench Safety System 4. Section 01564—Control of Ground Water and Surface Water 5. Section 01760—Project Record Documents 6. Section 01450—Testing Laboratory Services 7. Section 01500—Temporary Facilities and Controls 8. Section 02255—Bedding,Backfill, and Embankment Materials 9. Section 02370—Geotextile 10. Section 02220—Site Demolition 11. Section 01140—Contractor's Use of Premises C. Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 2321, "Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications" b. ASTM D 698, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort" c. ASTM D 558, "Standard Test Methods for Moisture-Density (Unit Weight)Relations of Soil-Cement Mixtures" d. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" e. ASTM D 1556,"Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method" f. ASTM D 2922, "Standard Test Method for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth)" g. ASTM D 3017,"Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth)" 5/2013 02318- 1 of 15 CITY OF PEARLAND EXCAVATION AND BACKFILL • FOR UTILITIES 2. Texas Department of Transportation(TxDOT) a. Tex-101-E,Preparing Soil and Flexible Base Materials for Testing b. Tex-110-E,Particle Size Analysis of Soils D. Definitions: 1. Excavation - Any man-made cut, cavity, trench, or depression in an earth surface, formed by removal of material. a. Extra Hand Excavation- excavation by manual labor at locations designated by the Engineer,which is not included in other Bid Items. b. Extra Machine Excavation- excavation by machine at locations designated by the Engineer,which is not included in other Bid Items. c. Special Excavation-excavation necessitated by obstruction of pipes, ducts, or other structures, not shown on Plans, which interfere with installation of utility piping by normal methods of excavation or augering. Contractor shall be responsible for locating such underground obstructions,sufficiently in advance of trench excavation or augering,to preclude damage to the obstructions. 2. Pipe Foundation-suitable and stable native soils that are exposed at the trench subgrade after excavation to depth of bottom of the bedding as shown on the Plans, or foundation backfill material placed and compacted in over- excavations. 3. Pipe Bedding-the portion of trench backfill that extends vertically from top of • foundation up to a level line at bottom of pipe, and horizontally from one trench sidewall to opposite sidewall. 4. Haunching-the material placed on either side of pipe from top of bedding up to spring-line of pipe and horizontally from one trench sidewall to opposite sidewall. 5. Initial Backfill - the portion of trench backfill that extends vertically from spring-line of pipe(top of haunching)up to a level line 12 inches above top of pipe, and horizontally from one trench sidewall to opposite sidewall. 6. Pipe Embedment - the portion of trench backfill that consists of bedding, haunching, and initial backfill. 7. Trench Zone-the portion of trench backfill that extends vertically from top of pipe embedment up to pavement subgrade or up to final grade when not beneath pavement. 5/2013 02318-2of15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES 8. Trench Conditions - description of the stability of trench bottom and trench walls of pipe embedment zone. Maintain trench conditions that provide for effective placement and compaction of embedment material directly on or against undisturbed soils or foundation backfill,except where structural trench support is necessary. a. Dry Stable Trench: Stable and substantially dry trench conditions exist in pipe embedment zone as a result of typically dry soils or achieved by ground water control (dewatering or depressurization) for trenches extending below ground water level. b. Stable Trench with Seepage: Stable trench in which ground water seepage is controlled by excavation drainage. 1) Stable Trench with Seepage in Clayey Soils: Excavation drainage is provided in lieu of or to supplement ground water control systems to control seepage and provide stable trench subgrade in predominately clayey soils prior to bedding placement. 2) Stable Wet Trench in Sandy Soils: Excavation drainage is ' provided in the embedment zone in combination with ground water control in predominately sandy or silty soils. c. Unstable Trench: Unstable trench conditions exist in the pipe embedment zone if ground water inflow or high water content causes soil disturbances,such as sloughing,sliding,boiling,heaving or loss of density. 9. Sub-trench - a special case of benched excavation. Sub-trench excavation below trench shields or shoring installations may be used to allow placement and compaction of foundation or embedment materials directly against undisturbed soils. Depth of'a sub-trench depends upon trench stability and safety as determined by the Contractor. 10. Trench Dam - a placement of low permeability material in pipe embedment zone or foundation to prohibit ground water flow along the trench. 11. Over-Excavation and Backfill - excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below top of foundation as shown on Plans, and backfilled with foundation backfill material. 12. Foundation Backfill Materials - natural soil or manufactured aggregate of 76\ controlled gradation, and geo-textile filter fabrics as required, to control 5/2013 02318-3 of 15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES J drainage and material separation. Foundation backfill material is placed and compacted as backfill to provide stable support for bedding. Foundation backfill materials may include concrete seal slabs. 13. Trench Shield(Trench Box)-a portable worker safety structure moved along the trench as work proceeds, used as a Protective System and designed to withstand forces imposed on it by cave-in, thereby protecting persons within the trench. Trench shields may be stacked if so designed or placed in a series depending on depth and length of excavation to be protected. 1.02 MEASUREMENT AND PAYMENT A. Unless indicated as a Bid Item, no separate payment will be made for trench excavation,embedment,and backfill under this Section. Include cost in Bid Items for all excavation and backfill associated with the placement and construction of: underground piping,boxes,manholes and associated appurtenances including conduit, or duct work. B. If Special Excavation is allowed,based on the Engineer's direction,and indicated in Section 00300—Bid Proposal as an Extra Item,measurement will be on a cubic yard basis,measured in place,without deduction for space occupied by portions of pipes, ducts, or other structures left in place across trenches excavated under this item. 1. Payment for Special Excavation shall include: a. Dewatering and surface water control. b. Protection of pipes, ducts, or other structures encountered including bracing, shoring, and sheeting necessary for support. c. Replacement of pipes, ducts, or structures damaged by special excavation operations, except where payment for replacement is authorized by Engineer due to deteriorated condition of pipes,ducts,or structure. d. Temporary disconnecting,plugging, and reconnecting of low volume water pipes,to allow machine excavation or augering,when approved by Engineer. Pipe for replacement shall be new and conform to specification requirements for type of existing pipe removed. e. Placement of material from Special Excavation. f. Geo-textile material and concrete trench dams required to complete the placement of material from Special Excavation. g. Re-sodding required for surface restoration within designated limits of Special Excavation. h. Disposal of excess excavated material not suitable for bedding or backfill, or not required for the Work. 2. The items listed below will not be included in payment for Special Excavation. Include cost in Bid Items for which the Work is a component: 5/2013 02318-4 of 15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES a. Trench safety system including sheeting and shoring. b. Utility piping installed in trenches excavated under this item. c. Removal and replacement of associated streets, driveways, and sidewalks. C. If Extra Hand Excavation is allowed,based on the Engineer's direction,and indicated in Section 00300—Bid Proposal as an Extra Item,measurement will be on a cubic yard basis, measured in place. 1. Payment for Extra Hand Excavation shall include: a. Dewatering and surface water control. b. Disposal of excess excavated material not suitable for bedding or backfill, or not required for the Work. c. Placement of material from Extra Hand Excavation. d. Re-sodding required for surface restoration within designated limits of Extra Hand Excavation. 2. The items listed below will not be included in payment for Special Excavation. Include cost in Bid Items for which the Work is a component.: a. Trench safety system including sheeting and shoring. b. Removal and replacement of associated streets, driveways, and sidewalks. D. If Extra Machine Excavation is allowed, based on the Engineer's direction, and indicated in Section 00300—Bid Proposal as an Extra Item,measurement will be on a cubic yard basis,measured in place. 1. Payment for Extra Machine Excavation shall include: a. Dewatering and surface water control. b. Disposal of excess excavated material not suitable for bedding or backfill, or not required for the Work. c. Placement of material from extra machine excavation. d. Re-sodding required for surface restoration within designated limits of Extra Machine Excavation. 2. The items listed below will not be included in payment for Special Excavation. Include cost in Bid Items for which the Work is a component: a. Trench safety system including sheeting and shoring. b. Removal and replacement of associated streets, driveways, and sidewalks. Cs:111 5/2013 02318-5 of 15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES E. Refer to Section 01200-Measurement and Payment Procedures. No payment will be made for delays in completion of Work resulting from Extra Item Work. 1.03 SUBMITTALS A. Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B. Submit a written description for information only of the planned typical method of excavation,backfill placement and compaction, including: 1. Sequence of work and coordination of activities. 2. Selected trench widths. 3. Procedures for foundation and embedment placement, and compaction. 4. Procedure for use of trench boxes and other pre-manufactured systems while assuring specified compaction against undisturbed soil. 5. Procedure for installation of Special Shoring at locations identified on the Plans. C. Submit product quality,material sources,and field quality information in accordance with this Section. D. Submit field red lines documenting location of Utilities as installed, referenced to survey Control Points, under the provisions of Section 01760 — Project Record Documents, 1.04C. Include location of utilities and structures encountered or rerouted. Give horizontal dimensions, elevations, inverts and gradients. 1.04 TESTING A. Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450 —Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A. Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. 5/2013 02318-6of15 CITY OFPEARLAND EXCAVATION AND BACKFILL FOR UTILITIES (1/11 , 1.06 SPECIAL SHORING DESIGN REQUIREMENTS A.' Special Shoring shall be,in accordance with Section 01570—Trench Safety System, designed by a Professional Engineer, licensed by the State of Texas,At Contractor's expense. B. Special Shoring shall be designed to provide support for the sides of the excavations, including soils and hydrostatic ground water pressures as applicable, and to prevent ground movements affecting adjacent installations or improvements such as structures, pavements and utilities. C. Special Shoring may be a pre-manufactured system or a field fabricated system that meets the requirements of the Work. 2.0 PRODUCTS 2.01 MATERIALS A. Contractor shall provide materials used as embedment, backfill, back-dressing, and embankment identified on the Plans in accordance with Section 02255 — Bedding, Backfill and Embankment Material. B. Manufactured materials, such as crushed concrete,may be substituted for natural soil or rock products where indicated in the product specification, and approved by the Engineer,provided that the physical property criteria are determined to be satisfactory by testing. C. Geotextile(Filter Fabric): Conform to requirements of Section 02370—Geotextile. D. Concrete for Trench Dams: Concrete backfill or 3 sack premixed(bag) concrete. E. Timber Shoring Left in Place: Untreated oak. 2.02 EQUIPMENT A. Perform excavation with track mounted excavator or other equipment suitable for achieving the requirements of this Section. B. Use only hand-operated tamping equipment until a minimum cover of 12 inches is obtained over pipes, conduits, and ducts. Do not use heavy compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. C. Use trench shields or other Protective Systems or Shoring Systems which are designed and operated to achieve placement and compaction of backfill directly against undisturbed native soil. 5/2013 02318-7 of 15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES D. Use Special Shoring systems where required which may consist of braced sheeting, braced soldier piles and lagging, slide rail systems, or other systems meeting the Special Shoring design requirements. 3.0 EXECUTION 3.01 PREPARATION A. Employ a Trench Safety Program as specified in Section 01570 — Trench Safety Systems. B. Install and operate necessary dewatering and surface water control measures conform to Section 01564—Control of Ground Water and Surface Water. C. Remove existing pavements and structures, including sidewalks and driveways, to conform with requirements of Section 02220—Site Demolition, as applicable. D. Area shall be cleared and grubbed under the provisions of Section 02200 — Site Preparation prior to excavation. E. Strip and stockpile topsoil under the provisions of Section 02200—Site Preparation F. Schedule work so that pipe embedment can be completed on the same day that acceptable foundation has been achieved for each section of pipe installation,manhole, or other structures. 3.02 EXCAVATION A. Except as otherwise specified or shown on the Plans, install underground utilities in open cut trenches with vertical sides. B. Perform excavation work so that pipe,conduit,and ducts can be installed to depths and alignments shown on the Plans. Avoid disturbing surrounding ground and existing facilities and improvements. C. Determine trench excavation widths using the following schedule as related to pipe outside diameter(O.D.). Maximum trench width shall be the minimum trench width plus 24 inches. NOMINAL MINIMUM TRENCH PIPE SIZE,INCHES WIDTH,INCHES Less than 18 O.D. + 18 18 to 30 O.D. +24 Greater than 30 O.D. +36 5/2013 02318-8 of 15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES D. Use sufficient trench width or benches above the embedment zone for installation of well point headers or manifolds and pumps where depth of trench makes it uneconomical or impractical to pump from the surface elevation. Provide sufficient space between shoring cross braces to permit equipment operations and handling of forms,pipe, embedment and backfill, and other materials. E. Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work at that location. Notify the Engineer and obtain instructions before proceeding. F. Shoring of Trench Walls. 1. Install Special Shoring in advance of trench excavation or simultaneously with the trench excavation, so that the soils within the full height of the trench excavation walls will remain fully laterally supported at all times. 2. For all types of shoring, support trench walls in the pipe embedment zone throughout the installation. Provide trench wall supports sufficiently tight to prevent washing the trench wall soil out from behind the trench wall support. 3. Unless otherwise directed by the Engineer,leave sheeting driven into or below the pipe embedment zone in place to preclude loss of support of foundation and embedment materials. Leave rangers,walers,and braces in place as long as required to support sheeting,which has been cut off,and the trench wall in the vicinity of the pipe zone. 4. Employ special methods for maintaining the integrity of embedment or foundation material. Before moving supports,place and compact embedment to sufficient depths to provide protection of pipe and stability of trench walls. As supports are moved, finish placing and compacting embedment. 5. If sheeting or other shoring is used below top of the pipe embedment zone,do not disturb pipe foundation and embedment materials by subsequent removal. Maximum thickness of removable sheeting extending into the embedment zone 1 inch. Fill voids left on removal of supports with compacted backfill material. G. Use of Trench Shields. When a trench shield(trench box)is used as a worker safety device,the following requirements apply: 1. Make trench excavations of sufficient width to allow shield to be lifted or pulled freely,without damage to the trench sidewalls. 2. Move trench shields so that pipe, and backfill materials, after placement and compaction, are not damaged nor disturbed, nor the degree of compaction reduced. (1111"\ 5/2013 02318-9of15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES 3. When required, place, spread, and compact pipe foundation and bedding materials beneath the shield. For backfill above bedding, move the shield as backfill is placed and ramped in. Place and compact backfill materials against undisturbed trench walls and foundation. 4. Maintain trench shield in position to allow sampling and testing to be performed in a safe manner. 3.03 TRENCH FOUNDATION A. Excavate bottom of trench to uniform grade to achieve stable trench conditions and satisfactory compaction of foundation or bedding materials. B. Place trench dams in Class I foundations in line segments longer than 100 feet between manholes, and not less than one in every 500 feet of pipe placed. Install additional dams as needed to achieve workable construction conditions. Do not place trench dams closer than 5 feet from manholes. 3.04 PIPE EMBEDMENT PLACEMENT AND COMPACTION A. Immediately prior to placement of embedment materials,the bottoms and sidewalls of trenches shall be free of loose, sloughing, caving, or otherwise unsuitable soil. B. Place Geotextile,if specified,to prevent particle migration from the in-situ into open- graded(Class I) embedment materials or drainage layers. C. Place embedment including bedding, haunching and initial backfill to meet requirements indicated on Plans. PVC & HDPE require cement stabilized sand bedding and backfill to one foot below subgrade or below grade if under pavement,or one foot above top of pipe if not under pavement. D. For pipe installation,manually spread embedment materials around the pipe to provide uniform bearing and side support when compacted. Do not allow materials to free-fall from heights greater than 24 inches above top of pipe. Perform placement and compaction directly against the undisturbed soils in the trench sidewalls, or against sheeting which is to remain in place. E. Do not place trench shields or shoring within height of the embedment zone unless means to maintain the density of compacted embedment material are used. If moveable supports are used in embedment zone, lift the supports incrementally to allow placement and compaction of the material against undisturbed soil. F. Do not damage coatings or wrappings of pipes during backfilling and compacting, operations. When embedding coated or wrapped pipes, do not use crushed stone or other sharp, angular aggregates. 5/2013 02318- 10 of 15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES G. Place haunching material manually around the pipe and compact it to provide uniform bearing and side support. If necessary, hold small-diameter or lightweight pipe in place during compaction of haunch areas and placement beside the pipe with sand bags or other suitable means. H. Place electrical conduit directly on foundation without bedding. Shovel pipe embedment material in place and compact it using pneumatic tampers in restricted spaces,and vibratory-plate compactors or engine-powered jumping jacks in unrestricted spaces. Compact each lift before proceeding with placement of the next lift. 1. Class I embedment materials. a. Maximum 6-inches compacted lift thickness. b. Systematic compaction by at least two passes of vibrating equipment. Increase compaction effort as necessary to effectively embed the pipe to meet the deflection test criteria. c. Moisture content as determined by Contractor for effective compaction without softening the soil of trench bottom,foundation or trench walls. 2. Class II embedment and cement stabilized sand. (1111''1 a. Maximum 6-inches compacted thickness. b. Compaction by methods determined by Contractor to achieve a minimum of 95 percent of the maximum dry density as determined according to ASTM D 698 for Class II materials and according to ASTM D 558 for cement stabilized materials. c. _ Moisture content of Class II materials within 3 percent of optimum as determined according to ASTM D 698. Moisture content of cement stabilized sands on the dry side of optimum as determined according to ASTM D 558 but sufficient for effective hydration. J. Place trench dams in Class I embedments in line segments longer than 100 feet between manholes, and not less than one in every 500 feet of pipe placed. Install additional dams as needed to achieve workable construction conditions. Do not place trench dams closer than 5 feet from manholes. 3.05 TRENCH ZONE BACKFILL PLACEMENT AND COMPACTION A. Place backfill for pipe or conduits and restore surface as soon as practicable. Leave only the minimum length of trench open as necessary for construction. Backfill placement and compaction shall apply to all soils excavated for the trench especially including any areas that were "benched" or over-excavated in place of trenched shoring. All disturbed soils generated during excavation,whether inside the trench or associated with it, shall be considered to fall under this requirement. 5/2013 02318- 11 of 15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES B. Where damage to completed pipe installation work is likely to result from withdrawal of sheeting, leave the sheeting in place. Cut off sheeting 1.5 feet or more above the crown of the pipe. Remove trench supports within 5 feet from the ground surface. C. For sewer pipes,use backfill materials described here as determined by trench limits. As trench zone backfill in paved areas for streets and to one foot back of curbs and pavements,use cement stabilized sand for pipe of nominal sizes less than 36 inches,or Bank Sand for pipe of nominal sizes 36 inches and larger as indicated on the Drawings. Uniformly backfill trenches unless specified otherwise according to the paved area criteria. Use select backfill within one foot below pavement subgrade for rigid pavement. For asphalt concrete,use flexible base material within one foot below pavement subgrade. D. For water lines,backfill in trench zone,including auger pits,with Bank Sand, Select Fill, or Random Fill material as specified in this Section. E. For trench excavations under pavement,place trench zone backfill in lifts and compact by methods indicated below. Fully compact each lift before placement of the next lift. 1. Bank Sand. a. Maximum 9-inches compacted lift thickness. b. Compaction by vibratory equipment to a minimum of 95 percent of the '—`") maximum dry density determined according to ASTM D 698. c. Moisture content within 3 percent of optimum determined according to ASTM D 698 2. Cement Stabilized Sand. a. Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction,but not exceeding 24 inches. b. Compaction by vibratory equipment to a minimum of 95 percent of the maximum dry density determined according to ASTM D 558. c. Moisture content on the dry side of optimum determined according to ASTM D 558 but sufficient for cement hydration. 3. Select Fill. a. Maximum 6-inches compacted thickness. b. Compaction by equipment providing tamping or kneading impact to a minimum of 95 percent of the maximum dry density determined according to ASTM D 698. c. Moisture content within 2 percent of optimum determined according to ASTM D 698. F. For trench excavations outside pavements,a Random Fill of suitable material may be ^� used in the trench zone. 5/2013 02318- 12 of 15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES 1. Fat clays(CH)maybe used as trench zone backfill outside paved areas at the Contractor's option. If the required density is not achieved,the Contractor,at his option and at no additional cost to the Owner,may use lime stabilization to achieve compaction requirements or use a different suitable material. 2. Maximum 9-inch compacted lift thickness for clayey soils and maximum 12- inch lift thickness for granular soils. 3. Compact to a minimum of 90 percent of the maximum dry density determined according to ASTM D 698, or to same density as adjacent soils. 4. Moisture content as necessary to achieve density. 3.06 MANHOLES,JUNCTION BOXES AND OTHER PIPELINE STRUCTURES A. Meet the requirements..of adjoining utility installations for backfill of pipeline structures, as shown on the Plans. 3.07 FIELD QUALITY CONTROL A. Quality Control 1. The Engineer may sample and test backfill at: a. Sources including borrow pits, production plants and Contractor's designated off-site stockpiles. b. On-site stockpiles. c. Materials placed in the Work. 2. The Engineer may resample material at any stage of work or location if changes in characteristics are apparent. B. Production Verification Testing: The Owner's testing laboratory will provide verification testing on backfill materials,as directed by the Engineer. Samples maybe taken at the source or at the production plant, as applicable. C. Provide excavation and Trench Safety Systems at locations and to depths required for testing and retesting during construction. D. Tests will be performed on a minimum of three different samples of each material type . for plasticity characteristics, in accordance with ASTM D 4318, and for gradation characteristics, in accordance with Tex-101-E and Tex-110-E. Additional classification tests will be performed whenever there is a noticeable change in material (11116'\ gradation or plasticity. 5/2013 02318- 13 of 15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES E. At least three tests for moisture-density relationships will be performed initially for backfill materials in accordance with ASTM D 698,and for cement stabilized sand in accordance with ASTM D 558. Additional moisture-density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. F. In-place density tests of compacted pipe foundation, embedment and trench zone backfill soil materials will be performed according to ASTM D 1556, or ASTM D 2922 and ASTM D 3017, and at the following frequencies and conditions. 1. A minimum of one test for every 100 linear feet measured along pipe for compacted embedment and for every 100 linear feet measured along pipe for compacted trench zone backfill material. Testing shall be performed for each lift thickness for different backfill material specified in Item 3.05. 2. A minimum of three density tests for each full shift of Work when backfill is placed. 3. Density tests will be distributed among the placement areas. Placement areas are: foundation,bedding,haunching, initial backfill and trench zone. 4. The number of tests will be increased if inspection determines that soil type or moisture content are not uniform or if compacting effort is variable and not considered sufficient to attain uniform density, as specified. 5. Density tests may be performed at various depths below the fill surface by pit excavation. Material in previously placed lifts may therefore be subject to acceptance/rejection. 6. Two verification tests will be performed adjacent to in-place tests showing density less than the acceptance criteria. Placement will be rejected unless both verification tests show acceptable results. 7. Re-compacted placement will be retested at the same frequency as the first test series, including verification tests. G. Recondition,re-compact,and retest at Contractor's expense if tests indicate Work does not meet specified compaction requirements. For Cement Stabilized Sand with nonconforming density,core and test for compressive strength at Contractor's expense. H. Acceptability of crushed rock compaction will be determined by inspection. 3.08 CLEAN-UP AND RESTORATION A. Perform clean-up and restoration in and around construction zone in accordance with Section 01140—Contractor's Use of Premises. 5/2013 02318- 14 of 15 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES (1111b.`i 3.09 PROTECTION OF THE WORK A. Maintain excavation and embankment areas until start of subsequent work. Repair and re-compact slides,washouts,settlements,or areas with loss of density at no cost to the Owner B. Prevent erosion at all times. Do not allow water to pond in excavations. C. Distribute construction traffic evenly over compacted areas,where practical,to aid in obtaining uniform compaction. Protect exposed areas having high moisture content from wheel loads that cause rutting. D. Coordinate excavation within 15 feet.of existing utilities with utility representative. Excavate by hand to locate existing utility, support utility with methods agreed upon by utility representative. All work shall be subsidiary to bid items in Section 00300 Bid Proposal. No additional cost to City. END OF SECTION (111.‘\ 5/2013 02318- 15of15 CITY OF PEARLAND WATER METERS Section 02511 WATER METERS 1.0 GENERAL 1.01 SECTION INCLUDES A Water meters for customer service, including submeters (i.e., cooling tower meters, sewer credit meters, etc.),for fire service in sizes 5/8 inch through 10 inches. B References to Technical Specifications: 1. Section 01200—Measurement and Payment 2. Section 02510—Water Mains 3. Section 02541 —Water and Wastewater Line Valves 1.02 MEASUREMENT AND PAYMENT A Measurement for installation of water meters furnished by the Owner is on an each basis for each meter type and size. Payment includes all labor and materials required for installation of water meters,furnished by the Owner as indicated on Plans. B Refer to Section 01200—Measurement and Payment Procedures. 2.0 PRODUCTS 2.01 GENERAL A Water meters shall be furnished by the Owner. 2.02 CONNECTIONS AND FITTINGS A Connections: Provide pipe in accordance with Section 02510 — Water Mains, restrained joints only. B Fittings: Restrained ductile iron; push-on bell joints or mechanical joint fittings outside of meter vault installations; Class 125 flanged inside meter vaults; cement mortar lined and sealed. 2.03 LAYING LENGTHS A The minimum length (with 1 inch tolerance)for meter and standard strainer shall be shown as indicated on the detail drawing for water meters. 03/2008 02511 - 1 of 2 CITY OF PEARLAND WATER METERS (111116 3.0 EXECUTION 3.01 TAPPING AND SERVICE LINE INSTALLATION A Refer to Section 02541—Water and Wastewater Line Valves for tapping requirements. END OF SECTION • (111111h' 03/2008 02511 -2 of 2 CITY OF PEARLAND VALVE BOXES,METER BOXES, AND METER VAULTS Section 02520 VALVE BOXES,METER BOXES,AND METER VAULTS 1.0 GENERAL 1.01 SECTION INCLUDES A Valve boxes for water service. B Meter boxes for water service. C Meter vaults for water service. D References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 03300—Cast-in-Place Concrete 4. Section 02542—Concrete Manholes and Accessories 5. Section 02318—Excavation and Backfill for Utilities 6. Section 01140—Contractor's Use of Premises 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for valve boxes under this Section. Include cost in Bid Items for which this Work is a component. B No separate payment will be made for installation of meter boxes furnished by the Owner under this Section. Include cost of installation of meter boxes in Bid Items for which the Work is a component. C Measurement for installation of meter vaults is on a per each basis for each meter vault type and size,complete in place. Payment includes all labor and materials required to complete installation as indicated on Plans. D Refer to Section 01200—Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit manufacturers product data for following items for approval: 1. Each type of valve box and lid. 2. Each type of meter box and cover. 3. Each type of meter vault frame and cover. 02/2008 02520- 1 of 4 CITY OF PEARLAND VALVE BOXES,METER BOXES, AND METER VAULTS (.16\ C Submit Shop Drawings for cast-in-place meter vaults for approval if gPP proposed construction varies from Plans. D Submit manufacturer's certification that meter boxes purchased for Work meet the requirements of this Section. 2.0 PRODUCTS 2.01 VALVE BOXES A Provide adjustable, cast-iron, screw-type, valve boxes as manufactured by Bass and Hays Foundry,Inc.,or approved equal. Design of valve box shall minimize stresses on valve imposed by loads on box lid. B Cast the word"WATER"into lid, 1/2 inch in height and raised 3/32 inch, for valves serving potable water lines. C Coat boxes, bases, and lids by dipping in hot bituminous varnish. D Provide 6-inch PVC, Class 150, DR 18,riser pipes. E Concrete for valve box placement: 1. For locations in new concrete pavement, use strength and mix design of new (111116\ pavement. 2.- - • For other locations, use class "A" concrete, with minimum compressive strength of 3000 psi,conforming to requirements of Section 03300—Cast-in- Place Concrete. 2.02 METER BOXES A Refer to City of Pearland Standard Details or contact the Public Works Department for list of acceptable materials. 2.03 METER VAULTS A Meter vaults may be constructed of precast concrete, cast-in-place concrete, or solid masonry unless a specific type of construction is required by Plans. B Concrete for meter vaults: Class A concrete, conforming to requirements of Section 03300—Cast-in-Place Concrete,with minimum compressive strength of 4000 psi at 28 days. C Reinforcing steel for meter vaults:Conform to requirements of Section 03300—Cast- in-Place Concrete. 1. Grates and Covers: Conform to requirements of Section 02542— Concrete Manholes and Accessories. (126*. 02/2008 02520-2 of 4. • CITY OF PEARLAND VALVE BOXES,METER BOXES, AND METER VAULTS 3.0 EXECUTION 3.01 EXAMINATION A Obtain approval from the Engineer for location of meter vault. B Verify lines and grades are correct. C Verify compacted subgrade will support loads imposed by vaults. 3.02 VALVE BOXES A Provide riser pipe with suitable length for depth of cover indicated on Plans or to accommodate actual finish grade. B Install adjustable valve box and riser piping plumbed in a vertical position. Provide 6 inches telescoping freeboard space between riser pipe top butt end,and interior contact flange of valve box,for vertical movement damping. Riser may rest on valve flange, or provide suitable footpiece to support riser pipe. C Paint covers of new valve boxes as directed by the Owner. 3.03 METER BOXES A Install plastic boxes in accordance with manufacturer's instructions. B Construct concrete meter boxes to dimensions shown on•Plans. C Adjust top of meter boxes to conform to cover elevations specified in this Section, 3.05 "Frame and Cover for Meter Vaults". D Do not locate under paved areas unless approved by Engineer. Use approved traffic- type box with cast iron lid when meter must be located in paved areas. 3.04 METER VAULTS A Construct concrete meter vaults to dimensions and requirements shown on Plans.Do not cast in presence of water. Make bottom as uniform as practicable. B Precast Meter Vaults: 1. Install precast vaults in accordance with manufacturer's recommendations. Set level on a minimum 3 inch thick bed of sand conforming to the requirements of Section 02318—Excavation and Backfill for Utilities. 2. Seal lifting holes cement-sand mortar or non-shrink grout. C Meter Vault Floor Slab: 1. Construct floor slabs of 6-inch-thick reinforced concrete. Slope floor 1/4 inch per foot toward sump. Make sump 12 inches in diameter,or 12 inches square, and 4 inches deep, unless other dimensions are required by Plans. Install 02/2008 02520-3 of 4 CITY OF PEARLAND VALVE BOXES,METER BOXES, AND METER VAULTS dowels at maximum of 18 inches,center-to-center,or install mortar trench for keying walls to floor slab. 2. Precast floor slab elements may be used for precast vault construction. D Cast-in-Place Meter Vault Walls: 1. Key walls to floor slab and form to dimensions shown on Plans. Minimum wall thickness shall be 4 inches. 2. Cast walls monolithically. One cold joint will be allowed when vault depth exceeds 12 Feet. 3. Set frame for cover while concrete is still green. 3.05 FRAME AND COVER FOR METER VAULTS A Diamond Plate Aluminum as follows: 1. In unpaved areas,set top of meter box or meter vault cover 2 to 3 inches above natural grade. 2. In sidewalk areas,set top of meter box or meter vault cover 1/2 to 1 inch above adjacent concrete. 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with (11111.\ Section 01140—Contractor's Use of Premises B Backfill and compact in accordance with Section 02318—Excavation and Backfill for Utilities. C In unpaved areas, slope backfill around meter boxes and vaults to provide a uniform slope 1 to 5 from top to natural grade. D In sidewalk areas slope concrete down from meter boxes to meet adjacent concrete. END OF SECTION 02/2008 02520-4 of 4 CITY OF I'EARLAND LANDSCAPE IRRIGATION Section 02811 PLANTING IRRIGATION `` 1 PART 1 - GENERAL 1.1 UNIFIED DEVELOPMENT CODE(UDC)REFRENCES A, Except for single-family lots and developments, all required landscaping areas shall be 100%irrigated by one of,or a combination of,the following methods. 1.An automatic underground irrigation system: 2.A drip irrigation system; 3. A hose attachment within 100 feet of all plant material, provided, however, that a hose - attachment within 200 feet of all plant material in non-street yards shall be sufficient B. Irrigation zone design — A site plan, at a readable and defined scale, shall be submitted illustrating zones, delineating micro-irrigation zones and areas utilizing irrigation techniques other than micro-irrigation. Fifty(50)percent of the on-site green space shall be allowed to utilize irrigation techniques other than micro-irrigation. Turf areas shall be on separate irrigation zones from other landscaping plant zones. The irrigation system should be prepared by a licensed irrigation and designed to accommodate separate landscape plant zones based on different watering requirements. C. Overspray/Runoff—All irrigation systems shall be designed to avoid overspray/ runoff, low head drainage, or other similar conditions where water flows onto or over adjacent property, non-irrigated areas, roadways, walkways, structures, or water features. Narrow areas(four feet wide or less)shall not be irrigated unless micro-irrigation is utilized. D. Landscaping — Using the concept of Xeriscape landscape, a site plan shall be submitted identifying all existing vegetation to be preserved,proposed turf, and other landscape areas. Installed trees and plants should be grouped together into landscape plant zones according to water and cultural(soil,climate and light)requirements. Plant groupings based on water requirements are as follows:natural,drought tolerant,and oasis. E. Turf/ Turfgrass —A maximum of fifty (50) percent of green space may be planted with turfgrass configured with a permanent irrigation system. Turfgrass planted in excess of this limitation shall not have a permanent irrigation system. Micro-irrigation shall not be used on turfgrass. 1.2 SUMMARY A. This Section includes piping,valves, sprinklers, accessories, controls, and wiring for automatic-control irrigation system. 03/2010 02811 - 1 of 20 CITY OF FEARLAND LANDSCAPE I IGATION B. Reference to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 02931 —Landscape and Tree Planting 4. Section 01310—Coordination and Meetings 1.3 DEFINITIONS A. Irrigation Lateral Lines: Downstream from control valves to sprinklers, specialties, and drain valves. Piping is under pressure during flow. B. Drain Piping: Downstream from circuit-piping drain valves. Piping is not under pressure. - - C. Irrigation Main Piping: Downstream from point of connection to water distribution piping to, and including, control valves. Piping is under water-distribution-system pressure. 1.4 SUBMITTALS . A. Product Data: Include pressure ratings, rated capacities, and settings of selected models for the following: 1. General-duty valves. 2. Specialty valves. • 3. Control-valve boxes. 4. Sprinklers. . 5. Irrigation accessories. 6. Controllers. B. Evidence of State of Texas irrigation license and required experience. C. Shop Drawings: Show irrigation system piping, including plan layout, and locations, types, sizes, capacities, and flow characteristics of irrigation system piping components. Include water meters, backflow preventers, valves, piping, sprinklers and accessories, controls, and wiring. Show areas of sprinkler spray and overspray. Show wire size and number of conductors for each control cable. D. Record and As-built Drawings: 1. The Contractor shall provide and keep up to date and complete "as-built" record set of blueline prints which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" 03/2010 02811 -2 of 20 CITY OFJEARLAND LANDSCAPE IRRIGATION locations, sizes, and kinds of equipment. Prints for this purpose may be ob- tained from the Architect at cost. This set of drawings shall be kept on the site and shall be used only as a record set. 2. These drawings shall also serve as work progress sheets and shall be the basis for measurement and payment for work completed. These drawings shall be available at all times for inspection and shall be kept in a location designated by the Architect. Should the record blue line as-built progress sheets not be available for review or not up-to-date at the time of any inspection (refer to Section 3.10 - Inspection Schedule), it will be assumed no work has been completed and the Contractor will be assessed the cost of that site visit at the current billing rate of the Architect. No other observations shall take place prior to payment of that assessment. 3. The Contractor shall make neat and legible notations on the as-built progress sheets daily as the work proceeds, showing the work as actually installed. 4. Before the date of the final inspection, the Contractor shall transfer all infor- mation from the "as-built" prints to a sepia mylar or similar mylar material procured from the Architect. All work shall be in waterproof India ink and applied to the mylar by a technical pen made expressly for use on mylar ma- terial. Contractor shall use symbols and notation consistent with original drawings. 5. The Contractor shall dimension from two (2) permanent points of reference, building corners, sidewalk, or road intersections, etc., the location of the fol- lowing items: ^, a. Connection to existing water lines. b. Connection to existing electrical power. c. Gate valves. d. Routing of sprinkler pressure lines (dimensions max. 100' along routing). • e. Sprinkler control valves. f. Routing of control wiring. g. Quick coupling valves. h. Other related equipment as directed by the Architect. i. Sleeve locations • E. Controller Charts: 1. As-built drawings shall be approved by the Architect before controllers charts are prepared. a. Index sheet stating Contractor's address and telephone number, list of equipment with name and addresses of local manufacturer's representa- tive. b. Catalog and parts sheets on every material and equipment installed un- der this contract. c. Guarantee statement. 03/2010 02811 -3 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION d, Complete operating and maintenance instruction on all major equip- ment. F. Operation and maintenance instructions. G. Spares and Special Tools—Provide Owner with 2 spare sprinkler heads of each size and type, two valve box keys and two wrenches for each type of head core. These will be used for removing and installing each type of head. H. Make Submittals required by this Section under the provisions of Section 01350 — Submittals, and the items above. 1.5 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Installer-Installation of Irrigation System shall be performed under the direction of a State—of Texas licensed irrigator with not less than 5 years experience in this type of work. ("h.\ C. Manufacturer's Directions: Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in this contract furnish directions covering points not shown in the drawings and specifications. D. Ordinances, Codes and Regulations: All local, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations and requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, these specifications and drawings shall take precedence. E. Explanation of Drawings: 1. Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which may be required. The Contractor shall carefully investi- gate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. Drawings are generally diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems,planting, and architectural features. 2. The word Architect as used herein shall.refer to the Owner's authorized repre- sentative or the Landscape Architect. 03/2010 02811 -4 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION 3. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. 4. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the atten- tion of the Owner's authorized representative. In the event this notification is not performed,the irrigation contractor shall assume full responsibility for any revisions necessary. 5. No irrigation shall be required for undisturbed natural areas or undisturbed ex- isting trees. F. All irrigation systems shall be designed and sealed in accordance with the Texas Licensed Irrigations Act and shall be professionally installed. 1.6 PRODUCT DELIVERY AND HANDLING A. Materials shall be delivered in manufacturer's unopened packaging labeled to indicate manufacturer's name and product identification. Insure that packaging and labeling remain intact until installation. Materials shall be stored protected from the elements, including direct sunlight. B. Pipes shall be handled so as to prevent being damaged and to maintain their straightness. Pipe ends shall be wrapped. Pipes shall be stored on beds the full length of the pipes. Damaged or dented pipes or fittings shall not be used. 1.7 SUBSTITUTIONS A. If the Irrigation Contractor wishes to substitute any equipment or materials for those equipment or materials listed on the irrigation drawings and specifications, he may do so by providing the following information to the Owner's authorized representative for approval: 1. Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature, performance charts and flow charts for each item to be substituted. 3. Provide the amount of cost savings if the substituted item is approved. B. Owner's authorized representative shall have the sole responsibility in accepting or rejecting any substituted item as an approved equal to those equipment and • materials listed on the irrigation drawings and specifications. 1.8 MEASURMENT AND PAYMENT 03/2010 02811 -5 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION A. Unless indicated as a Bid Item, no separate payment will be made for landscape ' ' irrigation wider'this'Section. Include cost in Bid Item for which this Work is a' component, B. If landscape irrigation is included as a Bid Item, measurement will be based on the Units shown in Section 00300—Bid Proposal and in accordance with Section 01200.— Measurement and Payment Procedures. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists,the following requirements apply to product selection: 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include,but are not limited to,manufacturers specified. 2. Manufacturers: Subject to compliance with requirements,provide products by one of the manufacturers specified. 2.2 PIPES,TUBES,AND FITTINGS A. Soft Copper Tube: ASTM B 88,Type L water tube, annealed temper. 1. Copper Pressure Fittings: ASME B 16.18, cast-copper-alloy or ASME B 16.22,wrought-copper, solder joint fittings. Furnish wrought-copper fittings if indicated. 2. Copper Unions: MSS SP-123, cast-copper-alloy, hexagonal-stock body, with ball-and-socket, metal-to-metal seating surfaces and solder joint or threaded ends. B. Hard Copper Tube: ASTM B 88,Type K,water tube, drawn temper. 1. Copper Pressure Fittings: ASME B 16.18, cast-copper-alloy or ASME B 16.22, wrought- copper, solder joint fittings. Furnish wrought- copper fittings if indicated. 2. Copper Unions: MSS SP-123, cast-copper-alloy, hexagonal-stock body, with ball-and-socket, metal-to-metal seating surfaces and solder joint or threaded ends. C. Mainline PVC Pipe: 1. Pressure Main Line: (11111'\' a. All main line shall be schedule 40 with solvent welded joints. 03/2010 02811 -6 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION an NSF approved Type I, Grade I, PVC com- b, Pipe shall be made from pp yp .. .. . . ° "..pound conforming to ASTM resin specification D1785. All pipe must meet requirements as set forth in Federal Specification PS-22-70, with an appropriate standard dimension(S.D.R.) (Solvent-weld Pipe). 2. PVC Non-Pressure Lateral Line Piping: a. Non-pressure buried lateral line piping shall be PVC class 200 with sol- vent-weld joints. • b. Pipe shall be made from NSF approved, Type I, Grade II PVC com- pound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal Specification PS-22-70 with an appropriate standard dimension ratio. 3. Fittings 6" and larger shall be push on Ductile Iron designed and manufac- tured using ASTM A-536 Grade 70-50-05 ductile iron with tensile strength of 70,000 psi such as manufactured by Harco or approved equal. 4. Fittings 4" and smaller shall be Schedule 40, I-2, II-I NSF approved conform- ing to ASTM test procedure D2466 PVC solvent-weld fittings. 5. Solvent cement and primer for PVC solvent-weld pipe and fittings shall be of Christie's Red Hot Blue Glue and Purple Primer. 6. All PVC pipe must bear the following markings: a. Manufacturer's name. b. Nominal pipe size. c. Schedule or class. d. Pressure rating in P.S.I. e. NSF(National Sanitation Foundation) approval. f. Date of expiration. 7. All fittings shall bear the manufacturer's name or trademark, material designa- tion, applicable I.P.S., schedule number and NSF seal of approval D. Irrigation Lateral Line Pipe 1. Pipes 3 inch diameter and larger: ASTM D 2231, PVC, 1120 or 1220, SDR 21.0,200 PSI 2. Pipes 1/2 inch diameter: ASTM D 2241, PVC, 1120 or 1220, SDR 13.5, 315 PSI E. Fittings for Threaded Joints 1. ASTM D 2466,PVC, Schedule 80 F. Length of Pipes used 03/2010 02811 -7 of 20 CITY OF.PEARLAND LANDSCAPE IRRIGATION 1. Use of pipe less than five (5) feet in length is prohibited unless otherwise • ' • noted on the plans. No use of small scrap material to extend water lines: 2.3 GENERAL-DUTY VALVES A. Gate valves 4" and smaller shall be MSS SP-80, Class 125, Type 1, nonrising-stem, bronze body with solid wedge,threaded ends, and malleable-iron handwheel. 1. Gate valves 3" and smaller shall be similar to those manufactured by Nibco, Hammond or approved equal 2. All gate valves shall be installed per installation detail. 3. Install six(6)inches of pee gravel into bottom of all valve boxes. B. Gate valves 6 inch and larger shall be cast or ductile iron. They shall conform to _ AWWA C-509. Stem shall be fitted with a 2" x2" square wrench nut and shall be opened counter—clockwise. Stem extension shall be added to bring operating nut to within 2 (two)feet of finished grade. 2.4 REMOTE CONTROL VALVES A. Plastic Automatic Control Valves: Molded-plastic body, normally closed, (#111 diaphragm type with manual flow adjustment, and operated by 24-V ac solenoid. 1. All electric control valves shall be of the same manufacturer. 2. All electric control valves shall have a manual flow adjustment and pressure regulating module. 3. Provide and install one control valve box for each electric control valve. 4. Electric remote control valve shall be Hunter ICV Series. . 5. Install six(6)inches of pee gravel into bottom of all valve boxes. B. Automatic Drain.Valves: Spring-loaded-ball type of construction and designed to open for drainage if line pressure drops below 2-1/2 to 3 psig. C. Quick-Couplers: Factory-fabricated, bronze or brass, two-piece assembly. Include coupler water-seal valve; removable upper body with spring-loaded or weighted, purple rubber-covered cap; hose swivel with ASME B1.20.7, 3/4-11.5NH threads for garden hose on outlet; and operating key. 1. Manufacturers: a. Hunter b. All quick couplers shall be installed using"o"-ring style swing joint and located in 10"round valve box with green lids. (1111 03/2010 02811 -8 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION D. Remote Control-Valve Boxes: Box and cover, with open bottom and openings for ' ' piping; designed for installing flush with `grade. Include size as required for valves and service. 1. Valve boxes shall be heavy duty plastic 17 inch by 11-3/4 inch by 12 inch depth, black with black cover. Valve box shall be Series 1419, non-hinged, non-bolt cover, by Carson Industries, Inc., 1925 Street, LaVerne, CA 91750, 213-732-6265, or approved equal. 2. Manufacturers: a. Carson Industries LLC. b. Christy Concrete Products, Inc. E. Gate Valve and Control Wire Splice Boxes 1. Gate valves and control wire splice boxes shall be heavy duty plastic 10 inch diameter by 10-1/4 inch deep, black with black cover, No. 910-12B, by Carson Industries, Inc. or approved equal. F. Drainage Backfill: Cleaned gravel or crushed stone, graded from 3/8 inch minimum to 1 inch maximum. 2.5 SPRINKLERS A. Description: Brass or plastic housing and corrosion-resistant interior parts designed for uniform coverage over entire spray area indicated, at available water pressure. 1. Manufacturers: a. Rain Bird Corporation. 2. Flush, Surface Sprinklers: Fixed pattern,with screw-type flow adjustment. 3. Bubblers: Fixed pattern,with screw-type flow adjustment. 4. Shrubbery Sprinklers: Fixed pattern,with screw-type flow adjustment. 5. Pop-up, Spray Sprinklers: Fixed pattern,with screw-type flow adjustment and stainless-steel retraction spring. 6. Pop-up, Rotary, Spray Sprinklers: Gear drive, full-circle and adjustable part- circle types. 7. Pop-up, Rotary, Impact Sprinklers: Impact drive, full-circle and part-circle types. 8. Aboveground, Rotary, Impact Sprinklers: Impact drive, full-circle and part- circle types. 9. All heads will be mounted on 3/4"fittings. 10. Matched precipitation rates — Sprays and rotors shall have matching application rates within each irrigation zone. 03/2010 02811 -9 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION 2.6 CONTROLLERS A. The ACC controller shall be capable of two-wire decoder control of up to 99 stations via a plug-in decoder output module. The decoder output module shall be field-installable without tools. The decoder output module shall have an intrinsic capability of up to 99 stations, and shall occupy 3 modular expansion slots inside the ACC controller cabinet. B. The decoder output module shall have 6 two-wire output paths to the field. The decoders may be wired in sequence over any combination of the two-wire paths, including all 99 on a single two-wire path. Each path may extend up to 10,000 ft./3 km to the end of the wire run over 14 AWG (1.5mm dia.)wire, or 15,000 ft./4.5 kin over 12 AWG(2mm dia.) C. The wire paths shall be twisted pair, solid-core, color-coded red/blue pairs with each conductor in a polyethylene jacket suitable for direct burial. The two-wire paths - shall be Hunter Industries Model IDWIREI for 14 AWG (1.5mm) conductors, or -------Model IDWIRE2 for 12 AWG (2mm) conductors for extended range (over 10,000 ft./3 kin,up to 15,000 ft./4.5 km). D. All connections in the two-wire paths (outside the controller enclosure) shall be made with 3M DBR-6 waterproof, strain relieving direct burial connectors, or exact equals. Decoder output to solenoid connections shall be made with 3M DBY (11.1.\ waterproof, strain-relieving connectors or exact equals. No substitution of wire or wire connection specifications is permissible. All connections, tees, and splices shall be positioned in valve boxes in valve boxes for future location and service. E. Maximum distance from decoder output to solenoid under normal conditions shall be 100 ft.3.3mm. Wire runs between decoder output and solenoid shall be twisted wire when-in excess of 20 ft./7m,to assist in surge protection. . F. The installer shall provide adequate earth ground (not to exceed 10 Ohms) and connect it to one of the decoder ground leads every 750 ft., or every 10th decoder module,whichever is shorter. G. The ICD decoders and Sensor Decoders shall be UL and c-UL listed, and shall be CE and C-tick approved. H. Final location of automatic controllers shall be approved by the Owner's authorized representative. I. Unless otherwise noted on the plans, the 120 volt electrical power to the automatic controller location to be furnished by others. The final electric hook-up shall be the responsibility of the Irrigation Contractor. J. If two wire system is not fitting to the system needed, another Hunter Controller with conventional wiring will be used. 03/2010 02811 - 10 of 20 CITY OF PEARLAND LANDSCAPE I:' [';IGATION K, Controllers will be capable of communicating with offsite Hunter software, unless otherwise approved by owner. L. Control Equipment — Irrigation control equipment shall include and automatic irrigation controller with the following features; program flexibility such as repeat cycles and multiple program capabilities; battery back-up to retain the irrigation programs; and a rain sensor device. • 2.7 WIRING A. Wiring: AWG-ULUF 600 volt with solid-copper conductors and insulated cable; suitable for direct burial. 1. Manufacturers: a. Paige Cable b. Regency Wire and Cable c. Approved equal 2. Feeder-Circuit Cables: No. 12 AWG minimum, between building and controllers and runs over 1,000 LF. 3. Low-Voltage, Branch-Circuit Cables: No. 14 AWG minimum, between controllers and automatic control valves; color-coded different from feeder- circuit-cable jacket color; with jackets of different colors for multiple-cable installation in same trench. 4. Install 3 spare wire from each controller to farthest valve in each direction. 5. Where more than one (1) wire is placed in a trench, the wiring shall be taped together at intervals of ten(10) feet. 6. . An expansion curl shall be provided within three(3) feet of each wire connec- tion. Expansion curl shall be of sufficient length at each splice connection at each electric control, so that in case of repair, the valve bonnet may be brought to the surface without disconnecting the control wires. Control wires shall be laid loosely in trench without stress or stretching of control wire con- ductors. 7. All splices shall be made with Scotch-Lok #3576 Connector Sealing Packs, DBY (Direct Bury) Splice by 3M or approved equal. Use one splice per con- nector sealing pack. 8. Field splices between the automatic controller and electrical control valves, less than 500' apart, will not be allowed without prior approval of the Archi- tect. 9. All field splices shall be installed in a 10"round valve box. 2.8 BACKFLOW PREVENTERS A. Backflow Preventers shall be bronze and copper,pressure vacuum breaker assembly Febco No. 765 by Febco Sales, Inc. (CMB Industries), P.O. Box 8070, Fresno, CA 92747,209-252-0791, or approved equal. Size as per drawings. 03/2010 02811 - 11 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION B. Reduced Pressure Backflow: Febco No. 825Y C. Double Check Assembly: Febco No. 850 D. Or approved equal. 2.9 REMOTE CONTROL VALVE TIES A. Remote control valve ties shall be Christy's Valve I.D. tag model ID-STD-Y with wire to attach numbered tag to valve. 2.10 SOLVENT CEMENT FOR SOLVENT WELDED JOINTS A. CHRISTY'S RED HOT BLUE GLUE T. Christy Enterprises, Inc., 1207 W. Struck Avenue, No. -E, Orange, CA 92667, 800-258-4583, or approved equal. Use a - -compatible primer recommended by the solvent cement manufacturer. 2.11 SEALANT FOR THREADED JOINTS UNDER CONSTANT PRESSURE A. RECTOR SEAL LIQUID TEFLON by Rector Seal Corp., 2830 Produce Row, Houston, Texas 77023, 713-928-6423, or approved equal. 2.12 SLEEVES UNDER PAVING FOR CONTROL WIRE AND IRRIGATION LINES A. ASTM D 2455,PVC, Schedule 40 sized as shown on drawings. 2.13 FITTINGS FOR THREADED JOINTS A. ASTM D 2466,PVC, Schedule 80. 2.14 BACKFLOW ENCLOSURES A. The backflow enclosure shall be of a vandal and weather resistant nature manufactured entirely of formed tubing and rod, coated with a performance polymer alloy coating to prevent injury. The mounting base and locking mechanism shall be manufactured entirely of metal or fiber glass. The locking mechanism shall be of the full release type which.allows for complete removal of the enclosure from its mounting base without the use of tools. The handle controlling the locking mechanism shall be concealed within the surface of the enclosure and provide for a padlock. 03/2010 02811 - 12 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION 13. The backflow enclosure shall be Strong Box Model No. SBBC-3 OCR as manufactured by V.I.T. Products Inc., 800-729-1314. C. Or approved equal. 2.15 RAINFALL MONITOR A. Provide a Mini-Clik by Hunter Industries or approved equal. 2.16 FLOW SENSOR A. Install flow sensor—Hunter Flow Click PART 3 - EXECUTION 3.1 INSPECTION A. Site Conditions: 1. All scaled dimensions are approximate. The Contractor shall check and verify all size dimensions and receive Architect's approval prior to proceeding with work under this section. 2. Exercise extreme care in excavating and working near existing utilities. Con- tractor shall be responsible for damages to utilities which are caused by his operations or neglect. Check existing utilities drawings for existing utility lo- cations. 3. Coordinate installation of sprinkler irrigation materials including pipe, so there shall be NO interference with utilities or other construction or difficulty in planting trees, shrubs, and ground covers. Coordinate work other site con- tractors. 4. The Contractor shall carefully check all grades to satisfy himself that he may safely proceed before starting work on the sprinkler irrigation system. 5. No machine trenching,unless approved by Architect, is to be done within drip line of trees. Trenching is done by hand,tunneling or boring or other methods approved by Architect. It is understood that the piping layout is diagrammatic and piping shall be routed around trees and shrubs in such manner to avoid damage to plants. 6. Contractor shall verify location of existing utilities. 7. Verify that required utilities are available, in proper location, and ready for use. 3.2 PRE-INSTALLATION CONFERENCE A. Convene one week prior to commencing work of this Section. 03/2010 02811 - 13 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION 3.3 CORDINATION A. Coordinate work under provisions of Section 02931 —Landscape and Tree Planting B. Coordinate the work with site landscape grading and delivery of plant life 3.4 PREPARATION A Physical Layout: 1. Piping and head layout is shown on plans in schematic form only. All pipes to be installed directly behind curbs,walks, and walls wherever possible. 2. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. 3. All layouts shall be approved by Architect prior to installation. - --- 4. Route pipes to avoid plants, ground cover and structures. 5. Review layout requirements with other affected work. Coordinate locations of sleeves under paving to accommodate system. B. Water Supply: 1. Sprinkler Irrigation system shall be connected to water supply points-of- con- nection as indicated on the drawings. 2. Connections shall be made at approximate locations as shown on drawings. Contractor is responsible for minor changes caused by actual site conditions. 3.5 EARTHWORK • A. Refer to Division 31 Section "Earth Moving" for excavating, trenching, and backfilling. B. Location of Heads—Design location is represented as accurately as possible. Make minor adjustments on site with approval of Landscape Architect as necessary to ensure consistent and even spacing where applicable. Set all heads minimum 6" from back of curb and 6"from edge of concrete walls. C. Install piping and wiring in sleeves under sidewalks, roadways, parking lots, and railroads. D. Drain Pockets: Excavate to sizes indicated. Backfill with cleaned gravel or crushed stone, graded from 3/4 to 3 inches (19 to 75 mm), to 12 inches (300 mm) below grade. Cover gravel or crushed stone with sheet of asphalt-saturated felt and backfill remainder with excavated material. • E. Provide minimum cover over top of underground piping according to the following: 03/2010 02811 - 14 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION 1. Irrigation Main Piping: Minimum depth of 18 inches below finished grade. 2. Circuit Piping: 12 inches. 3. Drain Piping: 12 inches. 4. Sleeves: 24 inches. F. Backfill— 1. The trenches shall not be backfilled until all required tests are performed, or until cover up is approved by the owner. Trenches shall be carefully back- filled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stones. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting area. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A sand material backfill will be initially placed on all lines (minimum 3" depth). No foreign matter larger than one-half(112) inch in size will be per- mitted in the initial backfill. 3. Where rock is encountered in trenching, 4" of sand above the pipe and 4" of sand below the pipe will be used as the initial backfill. 4. Flooding of trenches will be permitted only with approval of Architect. 5. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the Owner 6. Trench to accommodate grade changes. 7. Do not leave trenches open overnight. G. Existing Lawns —Where trenching is required across existing lawns, (or in even of changes or repairs after new lawn has been established), uniformly cut strips of sod 6 inches wider than trench. Remove sod in rolls of suitable size for handling and keep moistened until replanted. 1. Backfill trench to within 6 inches of finished grade and compact. Continue fill with acceptable topsoil and compact to bring sod even with existing lawn. 2. Replant sod within 2 days after removal,roll and water generously. 3. Resod and restore to original condition all sod areas not in healthy condition equal to adjoining lawns 30 days after replanting. 3.6 INSTALLATION A. General - Unless otherwise indicated, Contractor shall comply with requirements of the governing Uniform Plumbing Code. B. Pipes 03/2010 02811- 15 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION 1. Piping Mains and Laterals - Lay out sprinkler mainlines and perform line adjustments and site modifications to laterals prior to excavation. Lay pipe on solid subbase,uniformly sloped without humps or depressions. 2. Coordinate pipe installation with conduit installation. 3. PVC Pipe Assembly a. Cut PVC pipe square and de-burr. Clean pipe and fittings using primer as recommended by the PVC pipe manufacturer. Use purple tinted primer to aid in visual inspection and blue glue. b. Apply a thin even flow coat of PVC solvent cement to inside of the • fitting and pipe mating surface. Cure joints as recommended by the manufacturer and keep pipe and fitting out of service during curing period. Construct watertight joints equal or greater in strength than the pipe.Do not tap pipe at fittings. 4. - Install plastic pipe in dry weather, when temperature is above 40 degrees F. and-in accordance with manufacturer's written instructions. Allow joints to cure at least 24 hours at temperature above 40 degrees F.before testing. 5. Plastic pipe shall be snaked in the trenches in a manner to provide for expansion and contraction as recommended by pipe manufacturer. 6. Extend primer'A"beyond glue joint for visual inspection. 7. Ensure pipe is not laid on top of fittings and put under stress in any way prior (111.6‘ to cover-up C. Sleeves Under Paving - The majority of sleeves under paving are existing as shown on drawings. Where boring is required for new sleeves (refer to drawings), it shall be a "wet bore." Install sleeves 12" beyond edge of pavement. Perform trench and backfill in accordance with these specifications. 1. Sleeves shall be marked on the concrete with'A"deep"V"cut into curb. D. Concrete Thrust Blocks 1. Install where the rubber-gasketed irrigation main changes direction as at ells and tees and where the rubber-gasketed main terminates. 2. Pressure tests shall not be made for a period of 36 to 48 hours following the completion of pouring of the blocks. 3. Blocks for these mains shall be sized and placed in strict accordance with the pipe manufacturer's specifications and shall be of an adequate size and so placed as to take all thrust created by the maximum internal water pressure. E. Irrigation Heads 1. Flush irrigation lines with full head of water and install heads after hydrostatic test is completed. 2. Install heads at manufacturer's recommended heights. (1111 03/2010 02811 -16 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION 3. Locate part-circle heads to maintain a minimum distance of 4, 12, 24, 48 inches from walls and 4, inches from other boundaries, unless otherwise ' indicated. 4. Check for uniformity of coverage and pattern correctness. Adjust for 100% coverage where required. 5. Install nozzles with water running at reduced pressure starting with the head closest to the valve. 6. Adjust arcs and radius at normal operating pressure. 7. Ensure heads do not spray into areas not intended to receive water. Ex: streets and sidewalks. 8. Install heads a six(6) inches from back of curb. 9. Spacing - Sprinkler spacing shall not exceed 55 percent of the sprinkler' diameter of coverage. 10. Separate spray and rotors — Sprays and rotors shall not be combined on the same control valve circuit F. Drip Tubing 1. Tubing installed in planting beds is to be placed at spacing indicated on drawings in shallow trench and covered with planting backfill mix 1"-2" deep and then covered with mulch. Tubing is to be placed after bed preparation is complete and plant material is planted. Refer to Section 329300—Plants. 2. Drip tubing is to be placed on top of root balls of trees in planting beds to allow for even watering of trees. 3. All tubing is to be reviewed by Owner's Representative prior to burying. G. Electric Remote Control Valves 1. Adjust automatic control valves to provide flow rate at rated operating pressure required for each irrigation section. 2. Tristan valves in valve boxes, arranged for easy adjustment and removal. Locate valves to ensure ease of access for maintenance such that no physical interference with other elements of the project exist. H. Remote Control Valve Tags - One Remote Control Valve Tag shall be attached to stem of each electric remote control valve. Tags shall be numbered sequentially. Numbers shall correspond to station numbers in electric controller. Provide tags and corresponding numbers for wires pulled for future valves. I. Valve Boxes- Install valve boxes to cover electric remote control valves. Install one valve per valve box. Top of valve box shall be flush with finished grade. Bury minimum 4 bricks under base of each box as support. J. Control Wire Splice Boxes - Install control wire splice box to cover any splice in control wire. Top of valve box shall be flush with finished grade. Bury minimum 4 bricks under base of each box as support. Install control wire splice box to cover • wires pulled for future valves. 03/2010 02811 -17 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION K. Gravel Backfill - Backfill valve boxes and control wire splice boxes with gravel, minimum 6 inehvdepth. L. Electric Controller 1. Controllers shall be fully,grounded. 2. Connect remote control valves to controller in clockwise sequence to correspond with stations 1,2, 3, successively. 3. Affix a non-fading copy of irrigation diagram to cabinet -door below controller's name. Irrigation diagram shall be sealed between two plastic sheets, 20 mils. minimum thickness. Irrigation diagram shall show clearly all valves operated by the controller, showing station number, valve size, and type of planting irrigated. 4. Provide galvanized padlock against vandalism. Provide two keys to Owner. Keys to be matched with existing controller keylocking mechanisms. 5. Power to Controller& Locations: Locations shown on plan for controllers is approximate. Final location shall be determined on site by Owner. Contractor shall supply 120 VAC to controller from adjacent existing power sources. Follow local governing codes in electrical work. 6. Lightning Protection and Grounding: Provide full grounding and lightning protection per system manufacturer's recommendations. Grounding network shall measure 10 OHMS or less when measured with a Vibra-Ground instrument. 7. Wall mounted controllers, electrical meters and breaker boxes shall be mounted on I-beam structures. M. Irrigation Control Wires 1. Provide 24 volt system for control of automatic circuit-section valves of underground irrigation system. Provide unit capacity to suit number of circuits indicated. 2. Install control wires with irrigation mains and laterals in common trench where.possible. Lay control wires neatly together to side of pipe. Provide looped slack at valves, corners, bores and snake wire in trench to allow for contraction. Tie wires in bundles at 10 foot intervals. Line splices will be allowed on runs of 500 Ft. or more. Splices shall be made and placed in control wire splice boxes. 3. Solder splices and protect with splicing material specified. Provide 12 inch long expansion loop within 3 feet of each wire connection and splice on runs of wire 100 feet or longer. N. Backflow Preventers 1. Make required connection to water supply according to local codes and manufacturer's written instructions. 2. Install pressure type backflow devices at required grade in accordance with the local Plumbing Code. Exposed mainline and mainline risers above PVC 03/2010 02811 - 18 of 20 CITY OF PEARLAND LANDSCAPE IRRIGATION pipe main elevation shall be copper. Install one brass union in riser downstream of'tlevice. 3. Insulate all above ground piping, 3.7 TESTING A, General - Notify Landscape Architect 48 hours in advance when testing will be conducted. Conduct tests in presence of Landscape Architect and owner. 1. The Parks and Recreation Department will conduct open trench inspections daily,prior to cover-up. B. Hydrostatic Test - Test irrigation Main line, before backfilling trenches, to a hydrostatic pressure of not less than 100 psi for 1 hour. Piping may be tested in sections to expedite work. Remove and repair or replace piping and connections which do not pass hydrostatic testing. System shall not lose more than 1-1/2 gallons of water in 1 hour. C. Shut off mainline at backflow preventer during non working hours until Contractor has demonstrated the mainline is stable. D. Operational Testing - Perform operational testing after hydrostatic testing is completed, backfill is in place and irrigation heads are adjusted to final position. 1. Demonstrate to Landscape Architect that system meets coverage requirements, is a specified and indicated, and that automatic controls function properly. 2. Coverage requirements are based on operation of one.circuit at a time. 3. After completion of grading, sodding and rolling of grass areas, carefully adjust lawn sprinkler heads so they will be flush with finish grade. Set shrub sprinkler heads not more than 1/2 inch above top of mulch. E. Ensure watering does not extend into unintended areas, such as roadways and sidewalks. 3.8 MAINTENANCE A. Contractor shall correctly maintain the irrigation system during the installation process and throughout the landscaping maintenance service period. Specified in Section 329302-Exterior Landscape Maintenance. B. Contractor shall provide "As Built" Drawings for new work, showing dimensioned location of valves, meters,backflow preventers, controllers, and mainline. Contractor shall request reproducible mylars from the Landscape Architect in preparation of"As 03/2010 02811 - 19 of 20 CITY OF F/Z'ARLAND LANDSCAPE IRRIGATION Built" Drawings. Contractor shall also g 1 o provide a small laminated set of plans in each irrigation controller,which is color coded for each set of heads each valve operates. C. Maintenance and management — The landscape and irrigation system shall be maintained and managed to ensure water efficiency, and prevent wasteful practices. This should include, but not limited to: resetting the automatic controller according to the season; flushing the filters; testing the rain sensor device; monitoring, adjusting, and repairing irrigation equipment such that the efficiency of the system is maintained and utilizing turf and landscape best management practices during the maintenance period. END OF SECTION C 03/2010 02811 -20 of 20 CITY OF PEARLAND TOPSOIL Section 02910 TOPSOIL 1.0 GEN.ERAL 1.01 SECTION INCLUDES A Furnishing and placing topsoil for finish grading and for seeding, sodding, and planting. B References to Technical Specifications: 1. Section 01200-Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01450—Testing Laboratory Services 4. Section 01500—Temporary Facilities and Controls 5. Section 02200—Site Preparation 6. Section 01140—Contractor's Use of Premises 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for topsoil under this Section. Include cost in Bid Items for which topsoil is a component. B If topsoil is included as a Bid Item,measurement will be based on the units shown in 7 Section 00300—Bid Proposal and in accordance with Section 01200—Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit product quality,material sources, and field quality information in accordance with this Section. 1.04 TESTING A Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450 — Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. n 07/2006 02910- 1 of 3 CITY OF PEARLAND TOPSOIL 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 indeic: 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 A Verify that excavation and embankment operations have been completed to correct lines and grades. 3.02 TOPSOIL STRIPPING AND SOTCKPILING A Conform to topsoil stripping and stockpiling requirements of Section 02200 — Site Preparation. 3.03 PLACEMENT A Contractor shall conduct erosion control practices described in Section 01566-Source Controls for Erosion and Sedimentation during topsoil placement operations. B 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 Plans. 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. C Increase depth of topsoil to 6 inches when placed over cement stabilized sand used as bedding and backfill material. D For areas to receive bushes or trees,excavate existing material and place topsoil to the depth and dimensions shown on the Plans. 07/2006 02910-2 of 3 CITY OF PEARLAND TOPSOIL E Remove spilled topsoil from curbs, gutters, and, paved areas and dispose of excess topsoil in accordance with requirements of Section 01140 — Contractor's Use of Premises. 3.04 PROTECTION OF THE WORK A Protect and maintain topsoil until a vegetative cover is established. B Repair areas damaged by Contractor's operations at no cost to Owner. END OF SECTION • 07/2006 02910-3 of 3 CITY OF PEARLAND HYDROMULCH SEEDING Section 02921 HYDROMULCH SEEDING 1.0 GENERAL 1.01 SECTION INCLUDES A Seeding, fertilizing, mulching, and maintaining areas of commercial, industrial, or undeveloped land disturbed during construction and not paved or designated to be paved, or as indicated on Plans. B References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01500—Temporary Facilities and Controls 4. Section 02910—Topsoil 5. Section 02255—Bedding, Backfill, and Embankment Materials 6. Section 01140—Contractor's Use of Premises 1.02 MEASUREMEN AND PAYMENT A Measurement for hydromulch seeding is on a per acre basis,measured and complete in (1.111"\ place. -B- Payment for hydromulch seeding shall include all labor, materials, equipment, and preparation necessary for application and maintenance. C No payment shall be made for hydromulch seeding used in restoration of areas disturbed by Contractor outside the limits of construction. D Refer to Section 01200—Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit certification from supplier that each type of seed conforms to these specification requirements and the requirements of the Texas Seed Law. Certification shall accompany seed delivery. C Submit a certificate stating that fertilizer complies with these - specification requirements and the requirements of the Texas Fertilizer Law. 1.04 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. 07/2006 02921 - 1 of 4 CITY OF PEARLAND HYDROMULCH SEEDING 2.0 PRODUCTS 2.01 MATERIALS A Topsoil: Conform to material requirements of Section 02910—Topsoil. B Bank Sand: Conform to material requirements of Section 02255—Bedding,Backfill, and Embankment Materials. C Seed: Conform to U.S.Department of Agriculture rules and regulations of the Federal Seed Act and the Texas Seed Law. Seed shall be certified 90 percent pure and furnish 80 percent germination and meet the following requirements: 1. Rye: Fresh, clean, Italian rye grass seed (lollium multi-florum), mixed in labeled Proportions. As tested, minimum percentages of impurities and germination must be labeled. Deliver in original unopened containers. 2. Bermuda: Extra-fancy, treated, lawn type common bermuda (Cynodon dactylon). Deliver in original, unopened container showing weight, analysis, name of vender, and germination test results. 3. Wet, moldy, or otherwise damaged seed will not be accepted. D Fertilizer:Dry and free flowing,inorganic,water soluble commercial fertilizer,which is uniform in composition. Deliver in unopened containers which bear the manufacturers guaranteed analysis. Caked,damaged,or otherwise unsuitable fertilizer will not be accepted. Fertilizer shall contain minimum percentages of the following elements: Nitrogen: 10 Percent Phosphoric Acid: 20 Percent Potash: 10 Percent E Mulch:Virgin wood cellulose fibers from whole wood chips having a minimum of 20 percent fibers 0.42 inches(10.7 mm)in length and 0.01 inches(0.27 mm)in diameter. Mulch shall be dyed green for coverage verification purposes. F Soil Stabilizer: "Terra Tack" 1 or approved equal. G Weed control agent: Pre-emergent herbicide for grass areas, "Benefin" or approved equal. 3.0 EXECUTION 3.01 PREPARATION A Do not start or perform work under conditions that are not satisfactory to perform tasks due to inclement or impending inclement weather. B After the areas to receive hydromulch seeding have been brought to grade,rake out any foreign organic or inorganic material, including stones, hard clay lumps, and other debris. 07/2006 02921 -2 of 4 CITY OF PEARLAND HYDROMULCH SEEDING C Level with Bank Sand or Topsoil, as approved by the Engineer. D Loosen the subgrade by discing or by scarifying to a depth of at least 4 inches. E Place and compact a layer of topsoil in accordance with requirements of Section 02910 —Topsoil. F Surface of topsoil shall be smooth and free of weeds,rocks,and other foreign material immediately before applying hydromulch seeding. 3.02 APPLICATION A Seed: Apply uniformly at the following rates for type of seed and planting date: APPLICATION PLANTING TYPE RATE DATE POUNDS/A Hulled Common Bermuda Grass 98/88 40 Jan 1 to Mar 31 Unhulled Common Bermuda Grass 98/88 40 Hulled Common Bermuda Grass 98/88 40 Apr 1 to Sep 30 Hulled Common Bermuda Grass 98/88 40 Unhulled Common Bermuda Grass 98/88 40 Oct 1 to Dec 31 Annual Rye Grass(Gulf) 30 (", B Fertilizer: Apply uniformly at a rate of 500 pounds per acre. C Mulch: Apply uniformly at a rate of 50 pounds per 1000 square feet. D Soil stabilizer: Apply uniformly at a rate of 40 pounds per acre. E Weed control agent: Apply at manufacturer's recommended rate prior to Hydromulching. F Suspend all operations under conditions of drought,excessive moisture,high winds,or extreme or prolonged cold. Obtain the Engineer's approval before resuming operations. 3.03 MAINTENANCE A Maintain grassed areas by watering,fertilizing,weeding,and trimming as required to establish and sustain 70% acceptable vegetative cover. B For areas seeded in the fall, continue maintenance the following spring until an acceptable lawn is established. 3.04 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140—Contractor's Use of Premises. 07/2006 02921 -3 of 4 CITY OF PEARLAND HYDROMULCH SEEDING 3.05 PROTECTION OF THE WORK A Protect and maintain grassed areas a minimum of 90 days, or as required to establish an acceptable lawn. B Once a lawn is established, protect and maintain it until completion of the Work. C Replace seeded areas damaged by Contractor's operations at no cost to Owner. END OF SECTION n 07/2006 02921 -4 of 4 CITY OF PEARLAND SODDING (1°1lb\ Section 02922 SODDING 1.0 GENERAL - 1.01 SECTION INCLUDES A Sodding areas of residential lawns disturbed during construction and not paved or designated to be paved, or as indicated on Plans. B References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01500—Temporary Facilities and Controls 4. Section 02910—Topsoil 5. Section 02255—Bedding, Backfill, and Embankment Materials 6. Section 01140—Contractor's Use of Premises C Definitions: 1. Lawn- ground covered with fine textured grass kept neatly mowed. 2. Sod-blocks, squares, strips of turf grass, and adhering soil used for vegetative planting. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for utility or paving. B If sodding is included as a Bid Item,measurement will be based on the units shown in Section 00300—Bid Proposal and in accordance with Section 01200—Measurement and Payment Procedures. C No payment shall be made for sodding of restoration areas disturbed by Contractor outside the limits of construction. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit material sources and product quality information in accordance with this Section. C Submit a certificate stating that fertilizer complies with these specification requirements and the requirements of the Texas Fertilizer Law. (111.16\ 07/2006 02922- 1 of 4 CITY OF PEARLAND SODDING 1.04 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. 2.0 PRODUCTS 2.01 MATERIALS A Topsoil: Conform to material requirements of Section 02910—Topsoil. B Bank Sand: Conform to material requirements of Section 02255—Bedding,Backfill, and Embankment Materials. C 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. D 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 E Water: Potable, available on-site through Contractor's water trucks. Do not use private resident's water. 2.02 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,uniform in thickness(2 inch minimum 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. 3.0 EXECUTION 3.01 PREPARATION A Do not start work until conditions are satisfactory. Do not start work during inclement or impending inclement weather. Perform Sodding only when weather and soil conditions are deemed by Engineer to be suitable for proper placement. 07/2006 02922-2 of 4 CITY OF PEARLAND SODDING (11111116\ B After the areas to receive sod are brought to grade, rake out any foreign organic or inorganic material,including stones,hard clay lumps and other debris. C Level with Bank Sand or Topsoil, as approved by the Engineer. D Loosen the subgrade by discing or by scarifying to a depth of at least 4 inches. E Place and compact topsoil in accordance with requirements of Section 02910 — Topsoil. Top soil shall be free of weeds and foreign material immediately before sodding. F Spread 2-inch (±1") layer of Bank Sand over prepared topsoil. G Prior to placing sod,rake areas smooth,free from unsightly variations,bumps,ridges, or depressions, and completely free from stones, hard clay lumps and other debris. H 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. (1111'4\ 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 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. Re-sod 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 growth. All disease control shall be installed within guidelines set forth by the Structural Pest Control Board of the State of Texas. 4. Notify Engineer 10 days before end of maintenance period for inspection. B Watering: 1. Water lawn areas once a day with minimum 1/2 inch water for the first 3 weeks after area is sodded. 07/2006 02922-3 of 4 CITY OF PEARLAND SODDING 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. Water in the morning to enable soil to absorb maximum amount of water with minimum evaporation. C 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. D 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 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 - Contractor's Use of Premises. 3.05 PROTECTION OF THE WORK A Protect and maintain sod in good condition until 30 days after Substantial Completion. B Replace sod damaged by Contractor's operations at no cost to Owner. END OF SECTION 07/2006 02922-4 of 4 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING Section 02931 LANDSCAPE AND TREE PLANTING 1.0 GENERAL 1.01 SECTION INCLUDES A 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. B References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 02910—Topsoil 4. Section 02921 —Hydromulch Seeding 5. Section 01562—Waste Material Disposal 1.02 MEASUREMENT AND PAYMENT 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 Procedures. l 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit samples of the plants and grasses to be used for approval prior to installation. Inspection will be done on the project site. C Provide materials from the same source and of the same quality and variety as those inspected and approved. D Soils and/or compost materials must be approved at their source prior to delivery. 1.04 REFERENCES A ANSI Z 60.1 -Nursery Stock. B Federal Specification Q-P-166E-Peat,Moss; Peat, Humus; and Peat, Reed-Sedge. 1.05 SCHEDULE A The plant schedule gives quantities, scientific names, common names, sizes, and special remarks. 07/2006 02931 - 1 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING 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 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 anti-transpirant 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. 1.07 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. 1.08 ACCEPTANCE AND APPROVAL A There will be no partial acceptance of grasses. 07/2006 02931 -2 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING (sulk\ 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. 1.09 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 /�1 the warranty. \\ 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. 1.10 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. 1.11 PLANT CERTIFICATES A Submit inspection certificates approved by the Engineer as required by law with the invoice for each shipment or order of stock: 1. Submit certificates to the Engineer for review in ample time to be reviewed and meet installation schedule. (1111'\ 07/2006 02931 -3 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING 1.12 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. 1.13 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. 1.14 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. 07/2006 02931 -4 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING (11.111 2.02 FERTILIZER A 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. 1. For lawns: 12-24-12. 2. 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. 1. following table is a guideline to establish the pounds of limestone needed per 1000 square feet of turf: LIMESTONE NEEDED PER 1000 SQUARE FEET SOIL PH SANDS,LOAMY SANDS SANDY LOAM CLAY LOAM,CLAY >6.0 0 0 0 5.1 - 6.0 50 75 100 <5.0 100 125 175 B 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. C Dressing Mulch. Provide pine or redwood bark that is evenly shredded,consisting of 90 percent organic matter, brown in color, and free of harmful minerals. Maximum particle size not to exceed 3 inches in diameter. D 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. E 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. 07/2006 02931 -5 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING 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. a. Use 1-inch x 2-inch pine, or equivalent, 18 inches long. b. Use waterproof marker for identification. 2. Where applicable for anchoring trees,use wood deadmen of at least 2 inches x 4 inches stock, 36 inches long and buried 3 feet. 3. 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. 4. Use tree stakes that are of sound and durable quality capable of withstanding aboveground and underground conditions either "T" Post or Treated Lodge Poles. C 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. D 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. E 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. F 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. G Labels. Legibly label plants with durable labels that identify the plant by scientific and common name. Use waterproof ink. H 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. I 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. 07/2006 02931 -6 of 15 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. (1/11...\, 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. 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. 07/2006 02931 -7 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING 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 A Seasonal Limitations: 1. Bermuda: a. Hulled seeds may be planted between October and March. b. Unhulled seeds may be planted between April and September. 2. Rye: a. Plant between October and February. B 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. C 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 A Provide hydromulch seeding as noted in Section 02921 —Hydromulch Seeding. 07/2006 02931 -8 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING (1111114\ 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. 4. Inspected and certified free of diseases,nematodes,and undesirable insects by �/•� authorized representative of State Department of Agriculture. 5. 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. 6. 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: 1. Healthy, vigorous stock, grown in a recognized nursery. (11/16\ 07/2006 02931 -9 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING 2. 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 A Water shall be potable from municipal water supplies. 2.14 SOURCE QUALITY CONTROL A 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. 1. Genus, species, variety, size and quality. 2. Size and condition of balls and root systems, insects, injuries and latent defects. 2.15 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. 2.16 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 07/2006 02931 - 10 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING 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 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 (111111'\ 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. D Grading Around Trees. As required,fill or grade within the branch spread of trees to remain, observing the following requirements. 1. For trenching beneath trees, tunnel under the tree roots with careful hand digging. Where possible, avoid cutting or injuring roots. 2. Do not raise or lower the grade around an existing tree in any way unless so directed. 07/2006 02931 - 11 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING E 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. F In Situ Soil Preparation: 1. Cross-till in two directions all existing soil in designated areas to be planted,as follows: a. In lawn areas to a minimum depth of 6 inches. b. In shrub areas to a minimum depth of 10 inches. 2. Evenly broadcast fertilizers and soil additives and thoroughly work into soil. a. Smooth all tilled and amended areas to establish a rough gradient. b. Deeply irrigate all tilled and amended areas to thoroughly wet soil particles and promote settlement. c. 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. 3. 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. a. Verify location of all underground utilities before ripping. b. Ripping teeth should not be set at more than 10-inch spacing. G 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. H 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. 07/2006 02931 - 12 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING 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: Cab.' 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. 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. 07/2006 02931 - 13 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING 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. 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. fl 07/2006 02931 - 14 of 15 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING 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. 3.07 PROTECTION OF THE WORK 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 (11W 07/2006 02931 - 15 of 15