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R-2015-067 2015-04-27 RESOLUTION NO. R2015-67 A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the construction of the Pearland Parkway Barrier Fence Project (along the Shadycrest Subdivision) to Aber Fence and Supply Company, Inc. in the amount of $253,003.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for the construction of the Pearland Parkway Barrier Fence Project have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Aber Fence and Supply Company, Inc., in the amount of $253,003.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the construction of the Pearland Parkway Barrier Fence Project. PASSED, APPROVED and ADOPTED this the 27th day of April, A.D., 2015. TOM REID MAYOR ATTEST: ``0111114,,1 Yo NG i R G, Tj' C " Y SE0'ETARY '/"I I 1 1 1111∎`````` APPROVED AS TO FORM: (1T/Ak- DARRIN M. COKER CITY ATTORNEY Resolution No. R2015-67 April 16,2015 Ms. Andrea Brinkley City of Pearland Projects Department 3519 Liberty Dr. Pearland,TX 77581 Re: Pearland Parkway Barrier Fence City of Pearland Project No. TR1203 Dear Ms. Brinkley: On April 14, 2015, the City received one (1) bid for the above referenced project. The following is a summary of our bid evaluation: One (1) construction firm participated in the bidding process. The bid was checked for mathematical errors and/or bid irregularities. The project was bid with a base bid and alternate work items. The base bid included the precast concrete fence installation including foundations, temporary chain link fence, removal of existing fence installation of one (1) soundfighter gate, storm water prevention, and preparation of right-of-way. The bid for the total project is as follows: Contractor Base Bid Alternate Bid Total Bid 1 _ Aber Fence& Supply Company $218,003.00 $35,000.00 $253,003.00 HDR's estimate for the Total Project was $ 193,475.00. A copy of the bid tabulation is attached for your use and information. Aber Fence & Supply Company is the local supplier for the precast concrete fence that is being used for this project. This precast fence has been discussed with the affected homeowners of Shadycrest and was approved by the City as the only option of fence to be used on the project. This is the reason for only one bid on the project. Based on their previous experience of installing this precast fence and being the authorized dealer for the Houston area, Aber Fence & Supply Company appears to have a good record on this type of project. hdrinc.corn 4635 Southwest Freeway,Suite 1000,Houston,TX 77027-7139 (713)622-9264 Texas Registered Engineering Firm F-754 Aber Fence & Supply Company appears to be a responsible firm that should be capable of performing the specified work in a satisfactory manner. For these reasons, we recommend that the City of Pearland award the Pearland Parkway Barrier Fence Project to Aber Fence & Supply Company for a total of$253,003.00. If you have any questions,please contact me. Sincerely, I IDR i Mr. Edwin R. Rydell,P.E. Project Manager hdrinc.com 4635 Southwest Freeway,Suite 1000,Houston,TX 77027-7139 (713)622-9264 Texas Registered Engineering Firm F-754 Bid No. 0315--29 Pearland Parkway Fence Project Opening Date: 4/14/15 ABER Fence& Supply Engineers Estimate Company, Inc 'Line Description UOM QTY 'Unit Extended 'Unit 'Extended Base Bid 8-foot Precast Concrete Fence including columns, foundations, wall panels, coping, column caps, hardware, grout, paint and sodding of disturbed areas, stacked stone face, painted both 1.1 sides, 10 year warranty LF 1095 $120.00 $131,400.00 $125.00 $136,875.00 Install temporary 6'chain link fence and temporary connect side yard fence during 1.2 construction LF 250 $4.00 $1,000.00 $5.00 $1,250.00 1.3 Fence Reconnection EA 8 $300.00 $2,400.00 $150.00 $1,200.00 Installation of 8' high x 24'wide Soundfighter Soundwall Access Gate, with Knox Lock, including side panels to attach to precast 1.4 concrete fence and labor EA 1 $3,000.00 $3,000.00 $53,200.00 $53,200.00 Preparing ROW from Temporary Construction Easement to sidewalk for the length of the project, including removal of vegetation and fences, complete 1.5 in place the sum of: STA 11 $3,500.00 $38,500.00 $1,773.00 $19,503.00 Storm Water Pollution Prevention 1.6 Plans(SWPPP) LS 1 $4,000.00 $4,000.00 $5,475.00 $5,475.00 Removal and/or stockpile of 1.7 existing fences(All materials) LF 250 $2.50 $625.00 $2.00 $500.00 Base Bid Total $180,925.00 $218,003.00 Alternate Work Items 2.1 Utility Pole Supports EA 5 $500.00 $2,500.00 $750.00 $3,750.00 2.2 Extra Hand Excavation CY 25 $30.00, $750.00 $200.00 $5,000.00 2.3 Extra Machine Excavation CY 100 $30.00 $3,000.00 $50.00 $5,000.00 2.4 4-inch Concrete Rip Rap (Flume) CY 20 $30.00 $600.00 $250.00 $5,000.00 2.5 Embankment CY 150 $8.00 $1,200.00 $45.00 $6,750.00 2.6 Concrete Pavement Repair SY 100 $30.00, $3,000.00 $50.00 $5,000.00 Traffic Control, 1-Lane Closure if 2.7 required MO 1 $1,500.00 $1,500.00 $4,500.00 $4,500.00 Alternate Work Items Total $12,550.00 $35,000.00 Bid Total $193,475.00 $253,003.00 ...-wT. t Y 1A .Psi AOr _ 2.2 'g'? I PiTgliV $ots$ t(` 1�,� T oaf - _ � c .q ,: � _; r°goo0 r:s- �g_ m gY a'$ �Eg� N „:a• �_ • 'te 4r ,_ _ -- - - :c ' ' -t '4 .*...e.11*-,Sokito s +1i *4t� ,•1,... itili�t �. 4L' I , > per` r' ,rt 3 • 7 40,,, +� r% 1 . y Alt. x;:),„/ # ' 0+ *" 4 .'• 1 b•4$t* 9 ,9.. '. is t ■ c � N ...„_ . , _ ,. � I gilt. L f 44 'I" ' --' 4 1 I P.' ' `-‘65.,N ., 51 4.,__ '-'7.--- to it)1, , . ‘ # , .. lir If-- ,, iie ::, ''. . . '''4,k, ' i',--ik ,; q� �f _�. . , .... .,:.....,_,'a •., ' -.1. '- -- t ' , Sp' -- t ,..iiiii N.., - ‘,1!.,1 -:1,.re‘,...‘''' , - - . . ‘, , )% ' GY /r —+ yam.. ' •14 ,.I i s 1, t 7°' ;+. ;iE 2 gait to O �"' _ fia 1 ' ,ie Y . Y �: ... • ... . Project • anua • - : - s -•:. . . .. •. . . . . . . for: ... . .. .. .. . . .. Pearland Parkway Fence Project ::.. ...'-- .* _ . . . . . . .. . . .. . r At Shadycrest.Subdivision: .. .. r . • . . :-. : ::. . • • .. . . . . . .. .. . . . .• . . . . ,. . .. , , • • . . . . Resolution No. R2015-67 . Exhibit "A" r- ..,. . . , . .. „i4c, _ : . :. 0 . . . . . .• . .. . . . . . . . . . . . . .. . . , . • . . .: .• . . „,,,,., , -t. . - •• ••: . . ... . . , , .r.,:,,. . . .:. . ,. : - . -.,..,. ,., „______ _ t) ..- . . ir : , • . . . . . , : . : ,_____, .,, i. .. ,... , , . __ :, . . .. .. .,. .,.. . i .3, r .: . .::,:- - .. . . i. Sr is r . .. . . . . . . . . . , . . . . . ,. .... , . : . . . . . . . . . . . .. . . . . • •• . ... .:•..: . .. . _ ..:. . :. . . . .. . . ... . . . .. . . . . . . . ... . . .. . . . . . . • . . . . . . . . . . .. . .. . _ • • . • ... ... . . . .... .. . . . . . . . .. . , . . . . . . . . . : Bid No. : 0315- . . ... . . • : . . .. • • •. . _ .. r • .. . ..:_ :... • . :.d�E;OF..TF r . -.... March; 2015 EDWIN R.RYDELL ... ego:. .�, • Y0a 81553 . Prepared.By: .. aao, ...'�$ 9,.:.4/ r • :. : . .: :- .-- :-• HDR EngineeringInc 4635-Southwest Freeway, Suite 1000 - . : Houston,.Texas 77027 3 r ,..: . . - ..:. :-. . . . - . :.:.. T.it . 1s' (. 13) 622964_. . • Teas Reg. No. F00 754 . . : :•.: - . • •• •. • •• • r . . . ... . . .. . . . .„. . ... . "... , ....... . ..,. : .‘ .::. ..... . . . . . . ... . . .. ... .. ... . . : .. . . . . . . . . . .: ... ... . .. ..... ... . . :.:. .... CITY OF PEARLAND STANDARD FORM OF AGREEMENT for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars $500.00 for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $253,003.00 (the "Contract Price"). The Contract Price includes the Base Bid as shown in Document 00300 — Bid Proposal. Article 5. PAYMENT PROCEDURES 10-2012 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 OWN ER 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 Agieement. It is understood, however that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable 00500 - 2 of 7 I 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, of all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations tests, reports and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or Indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of 10-2012 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, erroi 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 Woik, 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 thiough 4 inclusive with attachments with each sheet bearing the following general title: Pearland Parkway Fence 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 Oiders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The 10-2012 00500 - 4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations ' of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, oidmances, 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 foi any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining 10-2012 00500 - 5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 paiagiaphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contiact text shall control. 9.10 The waivei of any breach hereof shall not constitute a waivei of any subsequent bleach of the same or any other provision hereof. Failuie by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, dnectly or indirectly• cause an employee of the OWNER to engage in such misconduct. 10-2012 00500 - 6 of 7 CITY OF PEARLAND STANDARD RD FORM ORIW OF AGREEIVIENT 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: April 27., , 2015• OWNER: � CONTRACTOR: CITY OF PEAANABER Fence & Supply Company, Inc. ///` By: Tim Thibodeau Title: is ���`I Title: President ATTEST ` %11111!tc' �to • • G� en n `J/1 ••• • •• • 0 ti 0 1 ''Iiiii110nS4' • 11J � L� • •• Date: April 27, 2016 (Corporate Seal) ATTEST [51 Address for giving notices 12239 Mosietee St. Houston, TX. 77086 Phone: 281-931 d 1600 Fax: 281-931-1678 Agent for service of process: Felipe Rodriguez END OF SECTION 10-2012 00500 - 7 of 7 Title VI Nondiscrimination Assurances APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -Assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sub Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Sub Recipient, or the Federal Highway Administration as appropriate and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Sub Recipient shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto The contractor shall take such action with respect to any subcontract or procurement as the Sub Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sub -Recipient to enter into such litigation to protect the interests of the Sub Recipient, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. CITY OF PEARLAND PERFORMANCE BOND Section 00610 PERFORIVIANCE BOND STATE OF TEXAS COUNTY OF BRAZORIA § Bond #4400337 KNOW ALL MEN BY THESE PRESENTS: That Aber Fence & Supply Company, Inc.of the City of Houston , County of Harris , and State of Texas, as principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as suretyon bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ 253,003.00 for the payment whereof, the said Principal and Suretybind themselves, and their heirs, administrators, executors, successors, and P assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a ce in written contract with the Owner, effective as of the 27 day of April , 20 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Pearland Parkway Fence Along Shadycrest Subdivision City of Pearland, Texas COP PN: TR1203 BID NO.: 0315-29 which Contract,includingthe 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 faithfullyperform said Contract Work and shall in all respects duly and faithfully p 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 � g xtension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610- 1 of2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 27th day of April , 2015.. Principal: Aber Fence & Supply Comp ny, Inc By: 1� Seg.., Title: Address: 12239 Mosielee Street Surety: SureTec Insurance Company By: Air Title: Scott D. Chapman, Attorney -In -Fact Address: 1330 Post Oak Blvd., Ste. 1100 Houston, Texas 77581 Houston, Texas 77056 Telephone: (281) 931-1600 Telephone: (713) 683-1476 Fax: (281) 931-1678 Fax: (713) 812-0406 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 S TOLL -FREE TELEPHONE NUMBER;1-800-252-3439. 12/2007 END OF SECTION • 00610-2of2 CITY OF PEARLAND PAYMENT BOND Section 00611 Bond #4400337 PAYMENT BOND STA I'b OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENT& That Aber Fence & Supply Company, Inc.of the City of Houston , County of Harris , and State of Texas, as principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $253,003.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 27 day of April 27 20 15 (the "Contract") to commence and complete the construction of certain improvements described as follows: Pearland Parkway Fence Along Shadycrest Subdivision City of Pearland, Texas COP PN: TR1203 BED NO.: 0315-29 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 00611-1of2 I CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 27th day of April , 2015 . Principal: Surety: Aber Fence & Supply Company, Inc. SureTec Insurance Company By: -- Title: IttigeStei`d By: , Title: Scott D. Chapman, Attorney -In -Fact Address: Address: 12239 Mosielee Street Houston, Texas 77086 1330 Post Oak Blvd., Ste. 1100 Houston, Texas 77056 Telephone: (281) 931-1600 Telephone: (713) 683-1476 Fax: (281) 931-1678 Fax: (713) 812-0406 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; 1-80On252-3439. END OF SECTION 07/2006 00611 - 2 of 2 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 Bond #4400337 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: ThatAber Fence & Supply Company, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner) in the penal sum of $ 253,003,00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain wntten contract with the Owner, effective as of the 27 day of April 20 1 (the "Contract") to commence and complete the construction of certain improvements described as follows: Pearland Parkway Fence Along Shadycrest Subdivision City of Pearland, Texas COP PN: TR1203 BID NO.: 0315-29 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year penod from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612 - 1 of 2 Title: Address: CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 27th day of April , 2015. Principal: Aber Fence & Supply Company, Inc. By: i C. < egE5l at%‘ 12239 Mosilee Street Houston, Texas 77086 Telephone: (281) 931-1600 Surety: SureTec Insurance Company By: LO� () ekr__e-- Title: Scott D. Chapman, Attorney -In -Fact Address: 1330 Post Oak Blvd. Ste. 1100 Houston, Texas 77056 Telephone: (713) 683-1476 Fax: (281) 931-1678 Fax: (713) 812-0406 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439, END OF SECTION 07/2006 00612 - 2 of 2 it Y POA 11: 4221392 \ t 4 k misurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Maxine Elaine Lewis, Rosalyn D. Hassell, Scott D. Chapman, Kevin McQuain, Justin McQuain, Jeanne M. Buchan, Keith M. Ilia its true and lawful Attorney -in -fact, with fall power Anil authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed withthe corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a greeting held on 20th of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 2lst day of March, A.D. 2013. . State of Texas County of Harris �O\l' "U1Willi1 � r°4i s '9 ;Pa. f •mac •. •• �4 ••,•••..O•••••• -`\ q, %so\� ,T.urunJn11an►'^ On this 21 st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the abo :le instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ss: xru \ JACOUELYN MALDONADO Notary Public State of Texas My Comm. Exp. 5/18/2017 SURETEC INSURANCE COMPANY By: John lc ox Jr. 'resident Jacqelyn Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COIVLPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this _ , lad' day of _ ,� s , A.D. 1. Bre 1. Beaty, Assistant ,ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 r;m CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www tdi.state.tx.us Email. ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection or acts of war. Limitation on Bond Penalty Increase N otwithstanding any provision in the bonds or subcontract to the contrary, the penal sum of this Bond shall automatically be adjusted to reflect the additive or deductive amounts of all change orders issued to the Subcontract; provided, however, that Obligee shall notify Surety if an individual change order increases the Subcontract Price by more than 10%, and if at any point the aggregate amount of all change orders increases the Subcontract Price by more than 35% of the Subcontract Price, the S urety's consent shall be required to increase the penal sum of this Bond in excess of 35% of the S ubcontract Price, such consent not to be unreasonably withheld The failure to provide the required notice shall not release Surety from its obligations to the extent of the bond penalty in force prior the change that required such notice. 1 Texas Rider 010106 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day 1.07-1 Rain Day 1.07-2 Impact Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 1.12 Contract Time 1.13 Construction Inspector 1.14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 No Warranty of Design 2.02 Right of Entry 2.03 Ownership of Plans 1 10-2012 00700 - i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3.01 Owner -Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.16 Layout of Work 4.17 Shop Drawings 4.18 Engineer -Contractor Relationship; Observations 4.19 Observation and Testing 4.20 Defects and Their Remedies 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Equipment, Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 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 6.01 Discrepancies and Omissions 6.02 Quantities and Measurements 18 21 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 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 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 8.04 Cross -Default 27 30 10-2012 mm�n • CITY OF PEARLAND 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner GENERAL CONDITIONS OF AGREEMENT 35 9.0 DISPUTE RESOLUTION ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S B 1 SWORN RELEASE ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 00700 - v 10-2012 IP 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 organiztions ions shall rteferdto the Engineer as such in the Agreement. The term ENGINEER as used in these General Condit or Architect identified in the Agreement, as aOWNER,toand i'ovide profess onal seerson wicesdto act as a required in representative of the entity designated by the P rm connection with the preparation of plans and eGeneralns of tis Conditions shall The totethe CONSTRUCTION MANAGER as used in these Construction Manager identified in the Agreement, as applicable, and means pa persn ersoonal authorize i ed OWNER to to act as representative of the entity designated by theprovide sery required in connection with the performance of the work of this Contract. The CONSTRUCTION MANAGER or ENGiNEERras representative on the project site shall be the CONS designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents Agreeme Agreementshall consist which documents, documents identified in Article 8 of the Standard Form excluding such documents as may be delivered or issued nether in a Project for ffective Date the Work of the Agreement, as referenced in Article 8, shall be bound g 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 ne Conde acyt oneDoshall bets, binding he as if required by all. In the event of any conflict among ct Documents shall govern in the following order: Modifications in writing and signed by both parties, including any Change Orders; Standard Form of Agreement; Special Conditions of Agreement; ke (4) General Conditions of Agreement, inclg tANo ttach2 ent No. lent Work rs' Compensation Insurance Coverage, Atudin nal 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 00700 - 1 of 36 10-2012 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, partnership, joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water light, power, fuel, transportation and all other facilities o1 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 o1 addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extia Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-2012 nn%nn _ 0 nf'24 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 ge05 forprocedurerequidedte min g the performance of any such approved work. Refer to paragraph ost 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 perforn ming g dour 4)o r more consecutive schedule hours of work on critical path items as identifiedlication each for the review and CONTRACTOR shall record Rain Days on the Pay App possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) CT 1.07-2 IMPACT DAY: As used herein, is a day that is added WorkODay.A (See �1.�12 E by the OWNER by Change Order to extend the Contract Time by one full Contract Time below) Impact Days, once approved Da the lost toN ondithons that prevented, sall extend the trthe act Time on a one-to-one basis to replace a Work Y CONTRACTOR from performing four (4) or more consecutive Change Order only at the end of the work items. Impact Days are added to the Contract Time by g and then only if, in the opinion of the OWNER, me extension work within the Contract Times beyond the control of the Contractor and required to complete the 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 an calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms `Substantially Completed", or "Substantially Complete" or `Substantial Completion" as used in this Contract, shall rloccupancy, ean that all major process components of the facility or work have been made suitable for use ol including appropriate documentation from the equipment s specifications liersthata l of themai divid ral components have been installed in accordance with recommendations, the installations have been approved by the ENGINEER and the items have met to the start-up and testing requirements of the contractdocumentsmisneous work and ad�nstmentin a �o aditionchieve serve its intended purpose or requires only minor Final Completion and Acceptance as determined by the E of Substantial Completion. on compliance with the above referenced criteria, ENGINEER shall issue a Certificate PARTIAL SUBSTANTIAL COMPLETION: designation completion ofg he entire Work. ntThe s of the Work that must be placed into service prior to tial contractor' s One Year Warranty period for these itemsEshaTheIl begin on theENGTNEER shall determineate of Substantial Completion as designated by the ENGINER make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the word"prescribed" "directed", 'permitted", g ermitted , "designated", "required", "ordered", ` considered necessary", p on, ent or words of like import are used, it shall be understood rthe OWNER'snrepresentative permissions order, opinion designation or prescription of the ENGINEER as rt intended. Similarly, the words "approved", 'LacINEERe'butsdoresactory" or words of like not relieve CONTRACTORoof shall mean that no exception is taken by ENGINEER, responsibility for compliance with the Contract Documents. 00700 3 of 36 10-2012 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 lain days per year foi 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 addhemove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 10-2012 00700-4ofU CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contiact 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 00700 - 5 of 36 10-2012 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER -ENGINEER RELATIONSHIP The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non -conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non -conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 10-2012 007nn - 6 of 16 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.04 INSPECTION BY ENGINEER. The ENGINEER Wo kRwill to determine if such eriodic visits Wotrk e site to observe the progress and quality of the execute generally meets the essential performance and design f dais insall other respects being performed and the technical, functional /or engineering requirements of the Contract Documents, an in compliance with the Contract Documents. However, the ENGINEER shall not be responsible ections to eck the for making any detailed, exhaustive, comprehensive or continuous in any wayresponsible, hd iectly quality and/or quantity of the work, nor shall the ENGINEERuprocedures, or indirectly, for the construction means, methods, techniques, sequences, ing eq ormy, rr any part programs, safety precautions o1 lack of a onable incidentame car to thee to preventk deviation on from the intent and thereof. The ENGINEER shall use ie substance of the Contiact Documents by the CONTRACTOR in the peiformance of Wt 1 keep the OWNER the Work and f any part thereof and, on the basis of such on -site observations,fects and the progress of the work and will endeavor to guard the OWNR againststdof ieeementdeficiencies in the Work of the CONTRACTOR Notwithstanding any other r 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 reedlthDat ha ENGINEER shall, iPUTES In order n all casest delays and disputes and to discourage litigation, it is g to determine the quantities and qualities of the several kinds onof a o n,which relation toe saibe Wopaidkand the for under this Contract The ENGINEER shall address all qua construction theieof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution ENGINEER shall becomeware of or mteipretation of the Contract Documents. In the event t le shall receive information that there is a dispute or a possible Dumentsute as to the er any other disputable interpretation of the terms and conditions of the Contractrovide a written interpretation of the question, the ENGINEER shall, within a reasonable time, p Contract Documents or a written decision on all question arising Contract relativeIf thetCONTRACTOR or he execution of the Work, copies of which shall be delivered to all parties thetoof OWNER desires to take exception to any directions, order, any interpretation such claim toi the ENGINEER hn ENGINEER, CONTRACTOR or OWNER shall present accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The NGshalERl shall review the amount the CONTRACTOR s application for payment and supporting documents, OW owed to the CONTRACTOR and shall provide written re o recommendation onto t the opa nER for payment to the CONTRACTOR in such amount. Such e min CONTRACTOR shall constitute a representation to OWNEoR of the is know GINEge, n 's judgment and that the work has progressed to the point indicated, to belief; however, such recommendation of an applicatioorpymee�n t o CONTRACTOR dsahall n of ot be deemed an acceptance of any defective o1 non -conforming payment by the ENGINEER shall be subject to OWNER'S rights to withhold payment under Section 6.11 and as otherwise piovided in the Contract. 00700 - 7 of 36 10-2012 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES The CONTRACTOR shall at all times observe and comply with all federal, state o1 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 o1 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, 01 the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-2012 00700-RoflA CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT nstitute a of OWNER entering into this Contract, nor OWNNER ender applicable lawer, shall all suchoi'rghts and waiver of any immunity from suit enjoyed byto defenses being hereby expressly reserved, notwithstanding any or pf the rOWNERherein shall the contrary. The Code of Ordinances and other applicable regulations o deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be eVJageer Document cale for Bu ding Wage Scale for Engineering Construction, or Document 00813 Construction, or both, as set out in the Project Manual. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal contiol and will give his personal o of otherwisattention e, sublete lsaidtof this ContractCortract any and that he will not assign, by power of attorneyor rights, duties or obligations arising thereunder, wholein or �he Work will be sublet anryone itten consent of the OWNER, and that no part or feature objectionable to the ENGINEER or the OWNER. In addition, theof oOn any bares WNER erneswhat ev right to disapprove the subletting of this Contract or any portionortion or feature of the Work or CONTRACTOR further agrees that the subletting of any p 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 N INTENANCE CONTRACTOR BONDS execut event separate he Contract Price shall be in excess of $25,000.00, Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent (100%) of the Contract Price, and each in accordance withprovisions the 000.00 Cthe ptatuto y bonds will not Government Code. If the Contract Price does notexceed $25by be required All required Bonds shall be payable to OWNERaccordance and eon formsArappcle7 led of the OWNER, and shall be executed by a corporate surety in Texas Insurance Code. It is agreed that the Contract duntil by the OWNER Performance, Payment and Maintenance Bonds are delivered to and approved The cost of the premium for the Performance Payment athe CONTRACTOR'S Bid Pce roposalnds, . All Maintenance Bonds be required, shall be included 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 thioughout the duration of the Work, a dregardhgtoo t t kerse GuaComperantee Perinsatod, insurance as specified in Attachment No. 1 hereto on Insurance, and as specified in Attachment No. 3 hereto with sed to transact bushnessnin the State of surance. Such insurance shall be carried with an insurance company licen 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, hichnare, and legally required at the time ections necessary or bids are r execution and completion of the Work, an received. Permits required by the City of Pearland will be issued as a NO FEE permit. roject are 4.08 TEXAS STATE SALES TAX Texas rals Taxincorporated Chapterinto 151,this Snbsectron H exempt from State Sales according to provisions of the00700 - 9 of 36 10-2012 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR S DUTY AND SUPERINTENDENCE The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the the acts or omissions of the CONTRACTOR, its or any other persons performing any of the Work OWNER's representative will be responsible for subcontractors or any of its agents or employees, 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 01 workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER'S written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 omnn _ in of 12A CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary �facons of tory tohheENGINEERaAny such structures shall at all times be maintained in a manne sat structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the COagrees inas demnify the pyroper erection, placement or construction thereof; and the CONTRACTORSirought the ENGINEER or OWNER harmless from any claims °f any by nature reason ofatheeerecr tion, plac against of either of them foi damages allegedly sustained by anyone construction or maintenance of CONTRACTOR' s buildings or structures. others 4.12 SANITATION. Necessary sanitary conveniences shall be constructed and mar the use of laborers � to ned on the Work site, properly secluded from public observation,be app by the CONTRACTOR in such manner and at such poi ts tunes as shall any nature roved uby the ENGINEER, and their use shall be strictly enforced. Any r erected by the CONTRACTOR for the purposes herein set out, thereof,shall be and the CONTRACTOR the sole responsibility of the CONTRACTOR as to the proper erection or construction agrees to indemnify and hold the ENGINEER and OWNEdamages allegedlyarmless frosustamed byany lanyone by of any nature whatsoever brought against either of them for reason of the erection, construction or maintenance of CONTRACTOR'S buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR Ssshall ath and all timees keepThe and maintain the premises free from accumulation CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and d lding ot the Work. and surplus materials, and shall leave the Woik broom -clean or its equivalent, upon completion The Work shall be left in good order and condition. charge am e the case �ofstlto they the OWNER CONTRACTOR. remove the debris, trash, waste and surplus materials, g 4.14 PERFORMANCE OF WORK. It is further greed that it Shed in is athe intentnof this Contract that all Work must be done and all material mustb 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 e woikfWOR orce upsed are found tof at any time methods or equipment used by the CONTRACTOR, or n the inadequate to achieve the progress required to Substantially NER's replresent tive,te the omay order the Contract Time, the OWNER or the ENGINEER as the CONTRACTOR in writing to supplement its forces and/or tagChieveeStubstant al Completion of the or otherwise improve its efficiency and rate of progress to Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. the 4.16 LAYOUT OF WORK. Except oak by specifically of construction surveying and CONTRACTOR shall be responsible for laying out shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTORo any mit to the other ENGINEER, NGIN contractor, Rix ith such promptness as to cause no delay in his own Work or in that 6) checked copies, unless otherwise specified, of all shop and/or setting drawings and s he uo36 eS 00700 10-2012 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. Anydrawings submitted without Contractor's stamp of a roval will not be considered and will be returned to him for ro er submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER'S attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all submittals, review comments, notes, corrections, schedules and updates, testing results, payment applications, instructions and other communications by means of the OWNER'S Pro-Trak. The OWNER, ENGINEER and CONTRACTOR shall each retain such hard copies form this system as are required for their specific record keeping requirements. No documents shall be removed from this system or destroyed except those being replaced by the systems protocols as a latest version document. All requirements for written communications, submittals, comments, instructions or other documents processed by means of this system shall have the same legal or time sensitive status as if they had been hand delivered in hard copy to their intended addressee. 4.18 ENGINEER -CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Contract Documents, provided, however, should the CONTRACTOR object to any orders by any 10-2012 00700 - 1 of 4A CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each pait of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject of the stage of its compbetion or the e defective or not in accordance with the Contract Documents, regardless time or place of discovery of such deficiencies, oranotherwise If any of whether yWorkhe is ENGINEER Rwithout previously accepted the Work through oversight approval or consent of the OWNER, it must, if requested CONTRACOTOREn or the eventhe lt that anypart , be uncovered for examination, at the sole expense ofthe of the Work is being fabricated or manufactured at a location Workwhere or require testing of 1saident f Workthe OWNER or the ENGINEER to make observations of such then in such event, the OWNER or the ENGINEERomayrequrequire the COgNTRAor ap TORlto furnish by the OWNER or the ENGINEER with certificatesinspection, independent persons competent to perform such tasks 1 betinhe location where that part of the accordance with the methods prescribed bybeing manufactured or fabricated. All such tests 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 at pproved, requested b up the OWNER or without written approval of consent of the OWNER or the ENGINEER the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and apppk which als shall bls bornee by the t the CONTRACTOR unless otherwise provided he Any 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 gre Contract wherebments y shallhbe be considered defective. Such defective Work andany other work affected corrected at the CONTRACTOR'S expense. Neither observations by the OWNER of by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEERS °r other persons authorized shall relieve the CONTRACTORIfrom this Agreement to make such inspections, tests or approvals, 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 or the Work for use not iniconfo mthe �ty withrk or lthee d Contract foi the same, shall be deemed by the ENGINEER as unsuitable Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild r otherwise agreed hise remedyt ny suchu such Workiemediaso action it shall be in full accordance with this Contract, It contemplated herein shall be at CONTRACTOR'S expense. 00700 - 13 of 36 10-2012 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 LIABILITY FOR PROPER PERFORMANCE Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods incident to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and persons entering the project site, as well as for the protection of the improvements being erected and the property of himself or any other person as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policyor policies n Insurance with an insurance company licensed totran act business in the the,S atesof Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. 10-2012 flmnn_ laof2A CITY OF PEARLAND No alcoholic beverages, non-prescription drugs, or unsafe practicey s f sthellabovee allowed m theon the Work s k e site. CONTRACTOR shall dismiss anyone participating in uses with a doctor's authorization to for the duration of the Project. Only prescription g sion p eiform construction activities shall be allowed on the Work site. r,Violation of this pr being node is a a default under the Contract. The use possession, sale, p ance by RACT R or influence of alcohol, drugs or any other illegal or unlawful tand employOeesTa any t�me at CONTRACTOR' s employees, or CONTRACTOR's subcontractors the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. b All accidents or injuries to CONTRACTOR'S employees working on the ine eb site r ust (8)e epo Sted verbally and in writing to the ENGINEER immediately, and w itin no The safety precautions actually taken and their adequacy shall be theInso on o le ponfsibil ty of he te CONTRACTOR, in his sole discretion as an independent co as ntractorthe Agreement, as well as any notice which may be given by he OWN Rs thore Worke EERprogresses, the OWNER's representative concerning omissions and tpa are intended as reminders to the CONTRACTOR ofNER' s representative to supehis duty and shall riset esafety precautions by construed as any aseither ohe CONTRACTOR orn of duty by any of his , or subcontracttors. by either t 4.23 PROTECTION OF ADJOINING PROPERTY.The or propertiesCONTRACTOR RC in shall employ proper means to protect the adjacent or adjoining property oroconstruction to bey encountered, which might be injured or seriously affected by any processy reason of saidspion to of undertaken under this Agreemeablef forlany and alldamage claimsinjury for such damage on account of his constructions and he shall be failure to fully protect all adjacent or adjoining property. THE CSONTHAC CONSTRUCTION TO INDEMNIFY, DEFEND, SAVE AND HOLD HAOR RML MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM T NOT LIAI S FOR R DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING ATTORNEY' S FEES, DUE TO ANY INJURY TO ANY ADACRFENT OR DO JOINING PROPERTY, ARISING OR GROWING OUT OF THE THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGGROSS E, LOSS, COST S OR PART BY THE STRICT LIABILITY EXPENSE IS CAUSED OOWNER AND/OR ENGINEER. 4 24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, EQUIPMENT AND AND SUPPLIES. MATERIALMEN AND FURNISHERS OF MACHINERY,Q THE CONTRACTOR AGREES THAT HE WILL PROMPTLY ENGINEER HARMLESSDFROM WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND T ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, FMACHINERYGRERS, AND WORKERS, MECHANICS, MATERIALMEN AND FUR PARTS THEREOF EQUIPMENT, POWER TOOLS ANDT LL L SUPERPPLIES, INCLU OF TH S NG COMMISSARY, INCURRED IN THE FURTHERANCE OF CONTRACT. When so desired by the OWNER, the CONTRACT OR been shall furnishpaid,isc satisfactory or evidence that all obligations of the nature heretnabovedesignated waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay diiectly any unpaid bills of which compensheation sum of money deemed reasonably WNER has written notice, or withhold from the CONTRACTOR's unpaid 00700 - 15 of 36 10-2012 GENERAL CONDITIONS OF AGREEMENT 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 resumed in full, in accordance with the terms of this Contrct payments to the CONTRACTOR shall be Any and all communications between any parties under this Nothing contained in this paragraph or this Agreement shall relationship, contractual or otherwise, between OWNER and any of CONTRACTOR, nor shall it create, establish or impose any see to the payment of any subcontractor, laborer or supplier of CO CITY OF PEARLAND paragraph shall be in writing. create, establish or impose any subcontractor, laborer or supplier duty upon OWNER to pay or to NTRACTOR. 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 SURETTFS 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, LIABILITTES, 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 THEW OFFICERS REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-2012 mmon _ 1 A „a 14 CITY OF PEARLAND OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE• (A) ARISES OUT OF OR RESULTS FROM RESULTS FROM IN WHOLE IN , OR ALLEGEDLY ARISES OUT OF OR PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR GENERAL CONDITIONS OF AGREEMENT (B) IS ATTRIBUTABLE TO BODILY , OF TANGIBL, DISEASE E PROPERTY, OR DEATH OR INJURY TO OR DESTRUCTION INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY ACT OR OMISSIONUOFDT IN WHOLE OR IN PART BY ANY NEGLIGENT CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLYROINDIRECTLY EMPLOYED BY WHOSE ACTS ANY OF THEM ANY ONE OF THEM OR ANYONE F MAY BE LIABLE, REGARDLESS OF IN PART BYTHHER OR OT IT IS E NEGLIGENCE, TN PART OR ALLEGEDLY CAUSED GROSS NEGLIGENCE OR STRICT NDER OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREU Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordasce with the provisions of Section 130.002 of the Texas Civil Practice ode, CONTRACTOR shall not be obligated to indemnify or by or resulthaimless the Es from deNGINEEectsr in plans, agents, servants or employees, from liability for damage that is caused designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called a pad for rt r arising otheisingoout ttructiany on construction contract and the plans, ) designs igns or specificationsinjury, or anyother expense that arises contract, and arises from personal injury or death, property J y� from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, warrantyd llperiod� termination of the e notwithstanding completion of the Work, Final Payment, expiration of Contract, and abandonment or takeover of the Work. imitation n CONTRACTOR' s indemnification obligations hereunder shall not be limited the CONTRACTORby oro a amount or type of damages, compensation or benefits payable by or fosubcontractor 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 oss, be don, xr expense or froany u damage to the CONTRACTOR arising out of the nature of the Work to circumstances in the prosecution of the same, or from the the Posecurion of the of the elements, Wo k, shall be sfrom unusual ustained an or difficulties the CONTRACTOR at his own cost and expense. sustained and borneby 00700 - 17 of 36 10-2012 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re -execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re -execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non -conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER S other rights under common law with respect to any defects, deficiencies or non -conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time, provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the 10-2012 00700 _ IR of 2A CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER shall submit such written request, together with his whole or recommendationio pm tany Lott e OWNER foi consideration. If the delay is not attributable r omission of CONTRACTOR, its subcontractors or supeiers, and if the r the terms of theOWNER Contracdtethe OWNER that CONTRACTOR is entitled to an extension of time un shall grant an extension of time for Substantial Completion of the S so�leuandrexclus ve remedy, ent to compensate for the delay, and such extension of time shall be CONTRACTOR'de except as may be otherwise provided herein. No extensions of Contractas Time shd inSe all b e on ad for delays occurring prior to the Contractors mobilization 05 The Contract Time as defined in the Bid Proposal of 3.33ddaysr pertl calendarl month. The MOBILIZATION. The 40 Rain Days per calendar year or an average CONTRACTOR is required to keep record of all weather related delays and shall reviewso and sign off on this he monthly count on each Pay Application. The Owner's Repiesentat ve 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 dent�n the ual to the total numer of original Conbract TimetheThe r or Impact Days approved less the original 40 daysded by Addition of Weather or Impact Days will only alter the tionn Datet No Days willntiacTime when dbe Change The Order. If the Work is completed prior to the Compfor addition of Weather or Impact Days shall be the CONTRACTOR' T1e all not s sole emeaecdt y the delays to the completion of the Work and their addition to the Contract 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 gtithe herein fixed, the CONe TRACTtakenOR agrees that in undertaking to complete the Work withinthe delato consideration and made allowances for all interference, disruption, ehindrances indsrial, workmen and o hyserincidNo to such Work, whether growing out of delays in securing from claim shall be made by the CONTRACTOR for damages, cause during the progress of any portion of interference, disruption, hindrances or delays from any the Work embraced in this Contract, except where the Work is tos not stopped or attributable ed byoorder er of the OWNER s representative and such stoppage or suspension omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, w thout for such cause, olperioof eme r the CONTRACTOR in writing to suspend the Work, in whole orpar s OWNER may request. The Contract Price and/or Contract the Work caused bydjusted such suspension1eNo in the cost of or the time required for performance adjustment shall be made to the extent performance thehave extent is made ord denied under y a cause for which CONTRACTOR is responsible, or tohe extent an another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY:understood Work on dth edate specified agreed that time is of the essence, and that the CONTRACTOR will commence the herein or in any Notice to Proceed, and will Substantially eCOoNTRACTOR andrk within the trthe act Time It is expressly understood and agreed, by and between the OWNER, that the time for the Substantial Completion of e rk t described e ave age climatic range and time for the completion of the same, taking into consideration conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR 1urthofer 0070 10-2012 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 suppoiting 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. Contiactor 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 pact of the Work within the Contiact 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, Contiactor 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 Piice as a result of such delays IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work, fires floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 10-2012 nnrnn _ e)n „f '24 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT to fault of OWNER. An extension of Contract time shall be CONTRACTOR' s sole and exclusive remedy foi any such delays. Delays attributed to, and within the contiol 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 oAdd nduin befoons in there the bids ntract Dareocuments, ents, he shall notify the ENGINEER and obtain a clarification by received, and if no such request is received by the ENGINEER prior o the opening ok to be performed and has provided of bids, then it shall be considered that the CONTRACTOR fully understands t sufficient sums in his Bid Proposal to complete `clarification must be submitted noork in accordance with te nlater Documents. It is further understood that any request for 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,intended o convey showl Work n fo rto the be done and material to be furnished hereunder. Where the estimated quisthey are various classes of Work to be done and material abasis foresto be furnished underimating ng the probable cosCoftthetWork and approximate and are to be used only as for comparing the Bid Proposals offered for the Work. It hed under this Contact mafrom the actual amount of Woik to be done and the materials to be furnished the estimates and that the items listed or estimated quantities claim by theand/or any difference between CONTRACTOR against the estimated and actual Work, shall not give rise quantity differences, unrecovered OWNER for loss, cost, expense, damages, unit price adjustment, q y overhead or lost or anticipated profits, or other compensation. act that all Work 6.04 PRICE OF WORK. It is agreed that it is eintent ofto be done foris Ctherprices bid by the described in the Bid Pioposal, and Contract Documents, is CONTRACTOR and that such prices shall include all appurtenancespocuments cassary to complete the interpreted by the Work in accordance with the intent of these Contract ENGINEER, and all costs, expenses, bond and insurance premiums, equipment and rmaterial and the head, and profit. In consideration of the furnishing of all the necessary labor, completion of all Work by the CONTRACTOR, and upon fhel completconfoiion of wailk ll Work the and Contract the delivery of all materials embraced in this Contra in ct in Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forthacis the Standard ut t da d Form of Agreement, OWNER and CONTRACTOR agree cost agreement, unless stated otherwise, and that the final Contractamount u t is Owneli to the unit cost multiplied by the number of units authorized, installedapproved The OWNER does not assume any obligationherebyagrees ofanyto receive services orhmaterial not t su actually authorized and used. The CONTRACTOR payment in full for furnishing all materials and all labor required for the aforesaid 007Work, and 1 of 10-2012 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non -conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there aie 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 provided in this Contract. any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount, prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer s recommendations and as approved by the OWNER or ENGINEER at the Work site only. No payment will be made for materials stored until OWNER has approved in writing storage at the Work site. The ENGINEER shall then review such statement of unit quantities and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. All payment applications made by CONTRACTOR and delivered to ENGINEER and all verifications and certification of such applications shall be made and transmitted within the Pro- Trak system and signed with the appropriate electronic signatures as provided for in the software. 10-2012 0mnn of zti CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Such applications for payment shall not be considered completeSect on 00615, duly executed unless accompanied by the CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, b an authorized representative of the CONTRACTOR and reflecting the correct coiresponding y 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 e sums that may CONTRACTOR bmay submit a e retained or withheld by the OWNER under the terms of this Agreement ice ofcorrected application for payment after its receipt of the ENGINE' EhRENGtINEER and disputedte, or and such corrected application for payment shall be reviewedby paid under the same procedure and within the same time limits set out above. CONTRACTOR shall execute and As a condition of any progress payment under this Agreement, deliver to ENGINEER and OWNER a full release of all claims, direct e or anyoi direcclai, ats paw or in equity, arising out of or related to the Work to date, excluding g 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 am and satisfaction of all conditions thereof. Such retainage shall be retained until Final Completion 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 delon wroitten r through no no neglect cf or fault on the part of the CONTRACTOR, the OWNER may, p the the ENGINEER, pay a reasonable and equitable portion of the retained S option, may bpercentage e r entage to the CONTRACTOR, or the CONTRACTOR, thereupoat the n, the CONTRACTOR shall receive, at the obligation to fully complete th completed OWNER'S option, payment of the balance due him under the Contract to of for Work withhold in or accordance with the Contract Documents, subject to OWNER'rights 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 & UHIST The completed poi i NE of tR he h k, ve the right to take possession of and use any completed or partially notwithstanding that the time for completing the entire work or such �e of any work not ns may not have expired but such taking possession and use shall not be deemed an acceptan or completed in accordance with the Contract Documents. If dc within three prim use increases 3) days of the cost of r delays the Work, the CONTRACTOR shall promptly anR taking possession, give OWNER written notice of same, and CbN T Re CTOed in ay e e ntitl with to such extra compensation or extension of time, or both, as y the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR officer ofCONTRACTOR, hatshall notify the ER AND ENGINEER, by letter executed by a duly qualified in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is g or incomplete "Substantially Complete". Such notification shall Inlude a list of suchlnoticeatherENGINEER and items Upon receipt, and within a reasonable time thereafter the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to deter of rmine 10-2012 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed list of unfinished, incomplete, defective and/or non -conforming Work (` Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non -conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the Owner and ENGINEER. for Final Acceptance b time period within which CONTRACTOR shall complete the Work the y 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement seasons. 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. p 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 Woik during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As -Built Drawings reflecting all deviations from the Plans Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; 10-2012 00700 - is (If 2 - CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other requited inspections / approvals / acceptances by city, county, state governmental entities or other authorities having Jurisdiction; 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 Nelease and 2, executed b Affidavit of Bills Paid in the form attached hereto as Attachment No. y 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 not 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 of otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work of 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 iestoring 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 expense. NGINEER, the OWNER may remove, replace and remedy such work at (g) (g) 10-2012 00700 - 25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship; to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contiact, 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; 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; Liquidated or other damages due to late completion; and/or 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 (g) 10-2012 nninn 14 ..F n CITY OF PEARLAND 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 wlea e cruerms of and bethe paid intract Documents, acco dance with shall any interest due CONTRACTOR for late payments as amended, and payment of such growingout h the provisions of Chapter 2251 of the Texas Government injury Code, CONTRACTOR f interest shall fully liquidate and compensate any � CONTRACTOR an undisputed amount due such delay in payment. Should OWNER fail to pay within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice req uired uired and comply with the provisions of Section 2S 50 1thee Texas Government Code, and shall thereupon be entitled to the rights and remedies provided GENERAL CONDITIONS OF AGREEMENT 7.0 EXTRA WORK AND CLAIMS 7.01 DIFFERING SITE CONDITIONS. During the progress nature are encountered subsurface, latentent physical conditions or unknown physical conditions of an unusual Y th rdinarily encountered site that differ materiall from those indicated in the contract or from nt e o the CONTRACTOR and generally recognized as inherent in e work in wriring withinrovided °three (3) calendar days of the specific r in the shall notify the OWNER s Representative differing conditions before the site is disturbed and before the affected work is performed. (a) i t U on written notification, the ENGINEER will investigate nhrecse o condor decreasd inf i is de p e determined that the conditions materially differ and cause cost or time required for the performance of any workca act mod the o d mt, an adjustment, excluding anticipated profits, will be made and thein accordingly. The ENGINEER will notify the CONTRACTOR ct is a ranted writing of the determination whether or not an adjustment of the (b)No contract adjustment which results in a benefit tthe CONTRACTOR NTRe TOR will be allowed unless the CONTRACTOR has provided therequired (c)No contract adjustment will be allowed under this clause for any effects caused on unchanged work. of 7.02 SUSPE NSIONS OF WORK ORDERED BY THE ENGINEERor seven rf rmancer days all of any portion of the work is suspended by the ENGINEER inuti writing ct time is e and the CONTRACTOR believes that additional compensation it and/orest for adjustment as to the result of such suspension, the CONTRACTOR shall submit ENGINE ER 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)f PU on receipt, the ENGINEER will evaluate the CON hRAC fOR'S requeste of the If thtract e ENGINEER agrees that the cost and/or time required P ha s increased as a result of such suspension and the suspension wits supas ul ed byr conditions beyond the control of and not the fault of the CONTRACTOR, subco ntractors at any approved tier, and not caused by weather, the ENGINEER00 o ill27 maaf e 10-2012 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 writin whe not an adjustment of the contract is warranted. g, ther or (b) No contract adjustment will be allowed unless the CONTRACTOR has submitte request for adjustment within the time prescribed. d the (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 isprovided or excluded under any other term or condition of this contract. or 7.03 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, 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 ex at OWNER and the CONTRACTOR. The Change Order shall set forths execution change Contract Price, as hereinafter set forth for Extra Work, and any changein Contract Time, i h may result from the change.tme, which 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 the need to conduct work on otherwise non -Work Days,cost Riding of Construction Management and Inspection services during the requested period and estimate for providing thi both OWNER and CONTRACTOR. If approved by both parties the Construction omit this 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 PayManager shall Change Order must be signed and executed by both the OWNER and CONTRACTOR Application. The Deductive start of work on any non -Work Day. prior to 7.05 MINOR CHANGES The ENGINEER may authorize minor changes in the not inconsistent with the overall intent of the Contact Documents and not involvingan Contract Price or time. If the CONTRACTOR believes that anyminor g Work ENGINEER involves Extia Work or entitles him to an increase in increase in changes authorized ory the Contact Time, the CONTRACTOR shall give notice of same by written the Contracte request tothe ENGINEER for a written Work Order, with a copy to OWNER Any such notice 1 nd trequest the the CONTRACTOR shall be given prior to beginning the changed work. CO and CTOby commencement of any minor change in the Work prior to such written notice and request constitute a waives of any and all claims for an increase in the NTRACTOR's arising out of or related to such changed work. Contract Price or the ContractgThma 7.06 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all when presented with a written Change Order, Work Change Directive or Wolk Or wory the ENGINEER, subject, however, to the right of the CONTRACTOR to requ signed by confirmation of such Change Order, Work Change Directive or Work Order bythe agreed that the basis of compensation or adjustment to the CONTRACTORuue written altered, added or deleted by a Change Order of Work Change Directive, for work either OWNER It is Extra Work is made, shall be determined by one or more of the following methods*hich a claim for Method (A) --By Contract unit prices applicable to the work, if any; or 10-2012 nn7nn _ 14 . t' CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Method (B) --By agreed unit prices or agreed stipulated lump sum price; or Method (C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work plus: a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten (10%) for the subcontractor plus five (5%) for the General Contractor or b) For the General Contractor alone, self -performing the extra work, without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost' is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents, plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Conti actors 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 Woik 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 10-2012 00700 - 29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER s decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR s claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0 within sixty (60) days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/oi the Contract Time shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between iepiesentatives 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 waiting. 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, foi any reason, to timely file a Request for Mediation the OWNER shall be released of any and all liability, and the CONTRACTOR s failuie to timely file a Request foi Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and 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 of 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 Woik any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or mmnn _ 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time 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 Woik, 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 CITY OF PEARLAND accordance with OWNER'S direction, OWNER shall havethefullywithout over ju ice o k,tte exercise of other remedies for the same default and withoutYtaking s pp u lement CONTRACTOR s forces and to expedite deliveryof and to procure at dyfurnish such equipment workers, materials, tools, supplies or for CONT ying and other contractors and suppliers engaged in the same classof work due or charge the entire e cost thereof to CONTRACTOR, said cost to be deductedparent, to CONTRACTOR under the Contract or any other agreement with OWNER or any p subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMAaN to o ll rrightyts , are and remedies of OWNER, under the terms of the Contract and/oi availleumulative. In the event CONTRACTOR or any of its subco tractors, vendors deliverysuppliers fails or refuses for any reason to c provide timely manufacture, fabric, materials, expendables, equipment, erection, construction or completion of any supplies, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR tially acknowledges and agrees that such items are required, nandethenP olectiif not furn hedProject m and the Work and will cause irreparable harm to OWNER of specific accordance with the Contract, and OWNER shall have the rightto obtain j audecree to ensure performance and mandatory injunctive relief fiom any Courtof competent 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 OWNofR, whndether y raelated yants theto Project or not related to the Project, OWNER shall have the right which might be owed to OWNER by CONTRACTOR under any other such OWNER ndertt,ghe Contracreements any earned but unpaid amounts owing to CONTRACTORby retaina e earned by CONTRACTOR under the Contract or any unearned, unpaid amount under g the Contract. becomes a debtot in 8.05 INSOLVENCY. It is recognized that if COe general s gnment for the benefit of voluntary or involuntary bankruptcy proceedings, makes a g creditors, or if a ieceiver is appointed on account of his insolvency, such dmglnevents it cos uldagreethat impair or frustrate CONTRACTOR'S performance of the Work. should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, (24) hours of the filing with CONTRACTOR shall notify OWNER in wilting withintwenty-four or the bankruptcy court. Further, it is agreed that upon occurrence uccessorsany ne trustees such receivers, events, OWNER shall be entitled to request of CONTRACTORes adequate assurances of future performance In the event such adequate 2) ass sur h re, not OWNER given to the reasonable satisfaction of OWNER within seventy-two shall have the eight to immediately invoke the remedies of t erformanc 8Section OWNER may proceed his or as provided by law. Pending receipt of such adequate assurances of such futui p with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, he ntract from any amounts due or which may become due NE Oand CONTRACTORNTRACTOR under tag ee� hat delaysor iin y other agreement with OWNER. In this regard, OW performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. l 8 06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby r abys assigns to OWNER, e l of CONTRACTOR'S rights under and interest in any and all sir 00700cha- orders3 of r 10-2012 GENERAL CONDITIONS OF AGREEMENT CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR s default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER 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 hmited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, p y, 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 Woik 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 whatser for interruption of business or loss of business opportunities, sation any ent orcother en items of conse uent al damages, for overhead or loss of profits on the unperformed Work and/or services and unfuiinished 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. 10-2012 nn%nn _ 24 ..F 1L CITY OF PEARLAND 8.09 DEFAULT BY OWNER. In case the OWNERall default on disputed material obligations under this Contract, other than OWNER's failureto pay y CONTRACTOR amount due within the time limits provided in the Contract or applicablecommencelaasand addressed esse nby iligtl Section 6.13 of this Agreement, and shall fail or refusetoture, orafter written notification by the pursue cure of such default within fifteen (15) ythes CONTRACTOR, then the CONTRACTOR may suspend or whollyll a a on n the si eork,tane may k remove therefrom all machinery, tools and equipment, and that have not been included in payments to the CONTRACTOR andte have f the total n not been inco tpea ted d into the Woik. And thereupon, the ENGINEER shall make an by the CONTRACTOR, which estimate shall include the value ofall Work actuallted Work at a fay said CONTRACTOR (at the Contract Prices), the value ofall partially ed upon, or and equitable price, and the amount of all Extra Work reasonable performedumat tho e pover the iices etost of any provided for by the terms of this Contract, and n and h provisions made by the CONTRACTOR to carry the whole Work to statement balancehic cannot he be utilized. The ENGINEER shall then make a CONTRACTOR by deducting from the above estimate all pievious terms of this payments by the ONER and and all other sums that may be retained by the OWNER under the resent the same to the OWNER, and OWNER s payment of sa eid sumt,o healCsOt TRsfy any OR, on ha or before thirty (30) days after OWNER's receipt of all or rights, claims or causes of action of CONTRACTOR arils remedy g out of for such default h A disputed default by OWNER, and shall be CONTRACTOR s sole and exclusive or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolutionof its processbetween eenundOWNER eNERtrand CONTRACTOR shall not excuse or relieve CONTRACTOR g notwithstandingany pendingheclaim, and CONTRACTOR shall diligently prosecute OWNER and CONTRACTOR, dispute, or dispute resolution process betty e ontract All claims, disputes and other matters in question a rion precedent to any oout of or relating to, hhe� dispute or the breach thereof, shall be subject to mediation as condi e resolution process as may be selected by OWNER. Unless selected y eedeernent betweeneotherwise mediation shall be conducted by a third party who will be 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 betweenCONTRACTORNER andmay CNTRj An sOR involves the work of a subcontractor or supplier, OWNER or subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include esi all subractorntror cts ansuppliedrocoi purchnsents se e orders related to the Work a specific provision whereby th bein oined in mediation between OWNER and CONTRACTOR involving the work of such gJ subcontractor or supplier. be ed This Contract shall be governed by the laws of the State of Texas s and shell OWNER and performable in Brazoria County, Texas, for venue purpo CONTRACTOR stipulate that venue for any dispute resolutionoheating proceeding involving nvoe in vin Brazoria touching uchinCounty, upon the Contract other than the conduct of an arbitrate g zoria - 5 of 36 10-2012 GENERAL CONDITIONS OF AGREEMENT CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT county where the Project is located. Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred b OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in art in such proceeding. p 10-2012 00700 - 36 of 16 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. of the Work on the Duration of the Project includes the setw work on the Projecte from the hags been completed and Project until the contractor s/per s 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 iequirements 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 Conti act. D. If the coverage period shown on the CONTRACTOR s current certificate o the end of coverage othe ends during the duration of the project, the CONTRACTOR must, p'l coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E The CONTRACTOR shall obtain from subcontractor or other person providing services on a project, and provide to the OWaNER (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 00700 - Al 05/2007 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 requites 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 foi coverage, to verify whether your employer has provided the requited coverage, or to report an employer's failure to provide coverage." I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, 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 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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; 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 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. ificate of J. By signing this Contract or providing or to uth g to WNERe vr hat d call rtemployees coverage, of the the CONTRACTOR is representing CONTRACTOR who will provide services on the oProject that helbe coveragered by workers' agreements will compensation coverage for the duration of the Pi j be based on proper reporting of classification codes iandrancepayroll amounts, rier s,in the casatoall a coverage agreements will be filed with the appiopriate with the commission's Division of Regulation. admmistrad� er pe art les, or misleading information may subject the CONTRACTOR to criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR'S failure to comply with any thf these e OWNER iovisions to pursuers all a breaghtch anf contract by the CONTRACTOR, which entitlese ACTOR remedies available to it under the Contract, at law � of notr in guity, if the ice of breach fOromRthe OWNER does not remedy the breach within ten days after receipt (3) (5) (7) 00700 - A3 05/2007 CITY OF PEARLAND ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMEN AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that (hereafter "CONTRACTOR") and the City of Pearland (her after the "OWNER") for the Project known as Peailand Parkway Fence eei(the "Coindntract"), if e OW ) a CONTRACTOR makes the following representations partners if a partnership, or if a corporation, proprietorship, or jointly and severally by generalappropriate byaction of the president and secretary of said corporation,of said corporation, their sagnaturpep hereon action of the stockholders and/or board of director itutin a iepresentation under oath by said individuals that they have the authority to execute const g 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, of modified,tcoriected or changed inhe final Change Order under the Contract if any, whether or n some way by the ENGINEER, the CONTRACTOROWNER, opyof which are attached hereto and marked Exhibit A ro true, accurate,licatioufor and that CONTRACTOR has received payment and that CONTRACTOR has been fully Payment submitted under the Contract, ui compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. the 2. It is agreed and stipulated by the undersigned CONTRACac OeR thatic atupon for receipt of Final Payment in the amount as set outon the Payment, the CONTRACTOR by execution of this instrument OWNER of and does all therefore, RELEASE and FOREVER DISCHARGE causes of action manner of debts, claims, demands, obligations, suits, liabilities tort, now existing or in of any nature whatsoever, at law or in equity, in c t which may hereafter accrue, arising out of or related to the equipment ory Cservices e Orders or WorpNTRACTOR tto OWNER rders, the Work, or any lab , furnished by C 3. The CONTRACTOR, acting by and through f prm that alerson or pbills and claims have ersons whose names are subscribed hereto, does solemnly swear and been paid to all materralmen, suppliers laborers subcontractors, or other entities perfoiming services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. gteement 4. It is further specifically understood and agreed that athisaAof the Contract, Final Payment and Contractor's Sworn Release shall constitute a it is also specifically understood and agreed that thisofanygofits emengn� of not as modification, waiver or renunciation by O Agreement for Final Payment and set out in the Contract itself but this �'g supplement thereto for the additional Contractor's Sworn Release shall constitute a protection of OWNER. 00700 B1 GENERAL CONDITIONS OF AGREEMENT n5/2007 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the day of CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign if a corporation, the following language should be used.] SIGNED and EXECUTED this, the __ day of 20 by a Texas corporation under authority Laws or Minutes of granted to the undersigned by said corporation as contained in the Charter, By - a meeting of said corporation regularly called and held. CONTRACTOR: By' ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship partnership or a joint proprietorship, additional individual.] President or a partnership In the event CONTRACTOR is a signature lines should be added for each n5/9007 00700 - B2 l 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 d foregoing me duly sgworn, on their Final oaths deposed for and Contractor's Sworn Release, who each, afterbeing b y 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 therepresentations 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.] 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 obein r Final by Payment me duly swornnnoin their Sworn Release, whose names are set out above, who each, after g oaths deposed and said: We each are the persons whose names are subseabadabove, and hold respectively the tate under oath that we have the offices in the corporation as set out above, and authority to execute this Agreement for Final Payment to authority d Contractor too ussn the Charter of worn Release for and on behalf of said corporation, pursuant 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 1 CITY OF PEARLAND 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 f Pearland, its such successors persoa od assigns, and the Engineer, (b) any officers, employees, agents r entities, and (c) others as required by the Conti act 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 Re resentations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum Tequirements anare not obl gat ens as containodbe construed to void or limit the Contractorindemnitys in this Agreement nor represent in any manner maintainiforntsiown proon of te tection; and coverages the Contractor should or shouldnot 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor' s liability and indemnity obligations a dried this Agr ement Neitherinsolvethe requirements as to insurance to be carried as p rbankruptcy or failure of any insurance company carrying aims accruing, s the Contractor, nor the failure of any insurance company to pay be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance Contractor c shall ftel aomemrdy aterial breach of, and default under, this Agreement. If the such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damagesaiverd of theties specifictingu ance to the Owner Parties from such breach, unless a written iequirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Conti actor to comply with the prro via ons of ving thisrigore m ment, the medat Owner may, without in any way compromising law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shallll notave no oligation be reliebed of orto exdCused o so and if the Owner shall do so, the Contract from the obligation to obtain and maintain such insurance amounts and coverages. GENERAL CONDITIONS OF AGREEMENT 10-2012 00700 - Cl CITY 0 3. Conditions Affectin All Insurance Re uired Herein PEARLAND GENERAL CONDI 3.1 IONS OF AGREEMENT sole expense. Cost of Insurance. All insurance coverage shall be provided at the Contractor's 3.2 Status and Ratin of Insurance Com an 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 Limitingor Exclusionar 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 Covera e. 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) notice shall be given to the certificate holder byacertpfid 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 whether required herein or not. favor of the Owner Parties on all insurance coverage carried by the Contractor, 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 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance 4.1.1 Covera e. Such insurance shall cover including liability arising t dall e locations liabrl ty and operations of the Contractor, butnot limited 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 General Aggregate Limit ate Limit Product -Completed Operations Aggregate Personal and Advertising Injury Limit $1,000,000 $2,000,000 $2,000,000 $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i, ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Des i nated Construction Proiect(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 N boveWal or Material Reduction in Covera e, as required in 3.5, d. Personal Intury Liability• The personal injury contractual liability exclusion shall be deleted. e. Primary and Non Contributing Liabilit. 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 oany other basis. os and insurance coverageshall be endorsedprovide suchprimary 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 Continuin Commercial General Liabilit 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 Au to 4.3 4.2.1 4.2.2 4.2.3 4.2.4 Coves. Such insurance shall cover liability arising out of any auto (including owned, hired, and non -owned). Foim Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). Amount of Insurance. Coverage shall be provided with a limit of not less than $1 000,000. Required Endorsements a. Notice of Cancellation Nonrenewal or Material Reduction in Covera, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. Employers Li 'ability Insurance 4.3.1 Cov--- e1'ae 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 Cov_ erase, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 o Cv_ erase, 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 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for any professional design or engineering drawing required by the work. Such insurance shall indemnify the Owner from claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims -Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 00700 - C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: Form a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiling, 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. 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 completion of project (where applicable) ii. Agreed value Damage arising from error, omission or deficiency in construction methods design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit v. Earthquake (where applicable) vi. Earthquake sprinkler leakage (where applicable) vii. Expediting expenses viii. Flood (where applicable) ix. Freezing x. Mechanical breakdown including hot & cold testing (where applicable) xi. Notice of cancellation non -renewal or $ TBD Included without sublimit Included without sublimit 25% of direct damage loss $ TBD $ TBD $ TBD $ TBD Included without sublimit Included without sublimit Included 10-2012 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction — 60 days prior written notice to each insured xii. Occupancy clause, as required in F, below xiii. Oidinance or law xiv. Pollutant clean-up and removal xv. Preservation of property xvi. Replacement cost xvii. Theft xviii. Waiver of subrogation as required in G, below. Included Included without sublimit $ TBD Included without sublimit Included Included without sublimit Included 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 Occurrence, except b. Delayed Opening Waiting Period c. Flood, Per Occurrence d. Earthquake and Earthquake Sprinkler Leakage, Per Occurrence 4.6.5 Temmination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the coveted 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. $5,000 5 Days $25,000 or excess of NFIP if in Flood Zone A, B or V $25,000 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 insui ance 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 Insuied'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 Agieement. Additionally, the woids "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 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3.8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability requited 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 fiom all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumei ating, among other things, the waivers of subrogation, additional insured status, and primary liability as requited 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 00700 - C9 10-20 12 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 DATE (MMIDD/YYYY) 4/21 /2015 ACORD CERTIFICATE OF LIABILITY INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDEDRER S)THE POLICIES THIS CERTIFICATE IS IS SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE THIS DOESR NOT AFFIRMATIVELY INSURANCE DOES HOTLY AMEND, BELOW. THIS CERTIFICATE OF CERTIFSCATE HOLDER. A CONTRACT BETWEEN THE ROGATION IS WAIVED, subject to REPRESENTATIVE OR PRODUCER AND THEA D policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the IMPORTANT: If the certificate holderisan ADDITIONAL INSURED, the po{icy(les) must be endorsed. If the terms and conditions �f the certificate holder in lieu of such endorsement s (PRODUCER Brown & Brown - Houston 717 N. Sam Houston Pkwy #115 -louston TX 77038 INSURED Aber Fence 12239 Mosiel 'Houston TX 77086 E-MAIL ADDRESS: INSURER S) AFFORDING COVERAGE INSURERA:T ans•o .tion Insuranc Co INSURER a :Continental Casual Com • an ee Street & Supply Co Inc INSURER D : INSURERS: REVISION NUMBER: COVERAGES CERTIFICATE NUMBER: 138399980 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT HEREIN IS SUBJECT TO TOL TH I TERMS, RIOD THIS I TO CERTIF Y THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE CH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CERTIFICATE MAY MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY EIFFES POLICYREXP EXCLUSIONS AND CONDITIONS OF SUCH S. POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CY EXP �� POLICY NUMBER DDIYYYY 12/2015 r 12/2016 EACH OCCURRENCE INSR WLv T. DAMAGE 0 RENTED PREMISES Ea occurrence INSRL TYPE OF INSURANCE GENERAL LIABILITY X X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE © OCCUR Ltd Pollution GEN'L AGGREGATE LIMIT APPLIES PER: ■Gil PRO- ■ LOC POLICY AUTOMOBILE LIABILITY a ■ X ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB DED SCHEDULED AUTOS NON -OWNED AUTOS X Y OCCUR CLAIMS -MADE RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Contractors Equip Rented/Leased YIN 3 2050248842 2050248890 2096175466 2068696489 2050248842 12/2015 /12/2015 12/2015 12/2015 1212016 12/2016 12/2016 12/2016 and the certificate holder that insured es status status. The d) blanket automatic additional insured endorsement that provides additional insure esrttficate holder only DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is require Generale Liab The policy includes a certificate olic holder onlywhenthere is a written contract ndor between the named insured underwriters named Insured and the certificate holder that requires be furnished uc at tot e certificate licy includes an policy includes a blanket waiver of subrogation m endorsement that waives the rights of subrogation to the The when there is a written contract between the n wording. policy contains providing hat 30 endorsement with Primary s notice of land Noncontributoryr change policy contain See Attached... MED EXP (My one person) PERSONAL & ADV INJURY PRODUCTS - COMP/OP AGG Emp Benefits Ea accident BODILY INJURY (Per person) $1,000 000 $300,000 $5,000 BODILY INJURY (Per accident) $1,000,000 $2,000,000 $2,000,000 $1,000,000 $1 000 000 PROPERTYdnDAMAGE is- $4,000,000 EACH OCCURRENCE EMS OTH- E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYE E.L. DISEASE - POLICY LIMIT Any 1 item Per Occur $4,000,000 $1,000,000 $1,000,000 $1,000 000 $30,000 $501000 CERTIFICATE HOLDER City of Pearland Attn: Project Dept. 3519 Liberty Dr , #300 Pearland TX 77581 11 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTIC ONCE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY AUTHOISIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION. All rights reserve' w ,.,r1 Irwin are registered marks of ACORD AC® D AGENCY Brown & Brown - Houston POLICY NUMBER CARRIER ADDITIONAL REMARKS I THIS ADDITIONAL REMARKS FORM IS A SCCE DULE EI O ACORD TE OF LIAFORM ILITY INSURANCE .:..FORM NUMBER: 25 FORM TITLE: ional insured status to the certificate des only - The ey includes awritten contract automatic ad-ie named insured andinsured orsement that the certificate provides requires es sholder onluch status. They oli n includ s a der (only when there is u written n end r between the n Blanket waiver of subrogation endorsement that waives the underwriters nghts of subrogation to the certificate ding written contract between a the named insured and the certificate e change will be furnished to thuires such e certificate includes an endorsement policy contains a special :hat 30 days notice of cancellation, nonrenewal or coverage (endorsement with Primary and Noncontributory wording. hts of ation 1Norkerscat Comp. The policy e is a riblanket ten c waiver of ntra t between gthe named insuredon tthat and the certificatunderwriters hold r that requires res suchbstatus to certificate holder only en when theretro a written cont policy includes an endorsement providing that 30 days notice of cancellation, nonrenewal or coverage change will be furnished tot e I ertificate holder. Jmbrella-Follow Form of the underlying General Liability,Automobile and Workers Compensation subject to policy terms, conditions and 'exclusions. AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE NAMED INSURED I CO Inc Aber Fence & Supply 12239 Mosielee Street Houston TX 77086 NAIC CODE EFFECTIVE DATE: Page 1 0 1 2E: Pearland Parkway Fence Project ACORD 101 (2008101) 2008 ACORD CORPORATION. All rights reserved. ele.r1 Innn are registered marks of ACORD 1l r� (.1 11 ;if). 1 i 3519 Liberty Drive Pearland, TX 77581 purchasing Department 281.652.1790 Fax 281.652.'1738 Contractor 'insuran ,;equkvements Agreerne Requirementsfor the City of Pearland shall provide the City a �n � work on City property or public right-of-way r es and coverage provisions Contractors performing of their insurance policy(s) evidencing the coverages work r the project certificate of insurance or a copy the Cityevidence that all subcontractors performing identified herein. Contractors shall provide have thesame types and amounts of coverages as required herein or that the Subcontractors are included under the contractors policy. anies and coverages must be authorized by th e Texas Department of Insurance to transact All insurance col-n p business in the State of Texas and must be acceptable to the City of Pearland. City The reserves the right to amend or require es or provisions depending on the nature types and amounts of insurances required.of the work. Listed below are the yp coverages additional types and amounts of 9 1 2 TYPE OF INSURANCE AMOUNT OF INSURANCE ' Statutory Limits L $100,000 per occurrence s p Compensation Worker Employers'Liability Commercial General (Public) Liability to include coverage for: a) Premises/Operations o) Products/Completed Operations c) Independent Contractors d) Personal injury e) Contractual Liability Business Auto Liability to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Personal Injury - $1,000,000 per person; Property Damage - $ 1, 000, 000 per occurrence ; General Aggregate - $"1,000,000 Combined single Limit - $1,000,000 PROVISIONS City to be provided a waiver of subrogation and 30 day notice or cancellation or material change in coverage. City to be listed as Additional Insured on Contractor's policy and provided 30 day notice of cancellation or material change in coverage. City shall be provided 30 day notice of cancellation or material change in coverage. - to: Department at ,�bids(a�i� nutx.gov- Questions Certificat e of Insurance forms may be er�na'led Purchasing I earland Purchasing Officer, at regarding required insur ance should be directed to Bob Pearce, City of bpearceearlandtx. gov. _You are statingthat you do have the required signed and returned with your quotation. e and a copy of This Form rr�us� be - g ate of ir�suranc ifperform work for the City, will provide a certificate insurance and selected to A purchase order will not be issued! �N`�r�hou'� insurance policy with the above requirements to the City. evidence of required insurance. Agreement emen'� within working days if selected to perform work for above described insurance coverages within 10 w g and all rform f subcontractors agree to provide the abo ` the Gity of Pearland. l also agree to provide the City evidence of insurance coverage onany performing work on the project. Project/Bid©its-. 2cl '# a.4& G ' "..► re,�.` �. MAL.C211-..- i Company: I r �C - thomemmeLpticpsynel Printed Narne: CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the Gen ral b Conditions, these Special Conditions, the unaltered . Where a portion of the General Conditions is modified or deleted y portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: telephone: 281. 652. The CONSTRUCTION MANAGER is: telephone: The CONSTRUCTION INSPECTOR is: telephone: ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.05 Add the following paragraph to Article 4.05: A Maintenance Bond in accordance with Document 00612 of the Project Mnual CONTRACTORan Bids Proposal. for this Project. The cost of this bond shall be included in the Attachment No 3 To General Conditions, Owner's Insurance Reguired or this fitspioof Contractor, Article 4.6 Builder's Risk — Builder s Risk In is ect. ARTICLE 5 PROSECUTION AND PROGRESS 5.08 Add Article 5.08: The Contract Time as defined in the bid and other sections enter Records, f the Contract the average annual rain includes a certain number of ram days. Based on the Alvin Weather days from June 1898 to December 1996 is 40 days calculatedfrom the psrecThe Lion days ys ofrarecord. The CONTRACTOR is required to keep a record of ram days days and shall be on the hly must be accepted and signed by the City Inspector monthly, will dCredited onlyfor pay estimate submittal. At the end of the contract, the CONTRACTOR per to the original the number of accepted ram days that exceed 40 rain days year, proportionate Contract Time. General Notes: Sections 00100 Invitation to Bidders, 00200 Instructions to a laptop Bidders andr01505 b Mobilization li ation all make reference to provision by the CONTRACTOR ofp p to e OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required oo 1 of 2 00 2-24-12 I 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. rnet Section 01500 Temporary Facilities requires CONTRACTOR Cprovide to provide r a Fieldigh Off sp eed e o Ianynte internet in the Field Office. BIDDER is Not Requ access foi this project. All other requirements remain and will be requited per the section. It is the responsibility of the Contractor to coordinate with the Owof eraffr o c Control Do urn r all Traffic Control nts Documents. Contractor to coordinate with the Owner for procurement 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 2-24-12 00800 - 2 of 2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION exa 1.01 In accordance with the Prevailing Wage law on Pontracublic orks t does hlticle ereby sp 2258 of theify the raters Government Code), the public body awarding the 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. er 1.03 The wage scale for engineering construction is toin besiteorfrom anwork texterior five (5) feet from an extei ior wall of new building under construction wall of an existing building. (Attach the current wage rates. N,nnber the pages 00811-2, 00811-3, etc.) 00811-1of1 10-2012 g Page 1 of 5 General Decision Number: TX150056 01/02/2015 TX56 S uperseded General Decision Number: TX20140056 S tate: Texas Construction Type: Highway Counties: Austin, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San Jacinto and Waller Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designedtfortion; commercial navigation, bridges involving and other major bridges). Note: Executive Order (EO) 13658esstablishesan canthourlysinimum wage of $10.10 for 2015 that applies ect to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the t applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing contract. EO minimum wage rate will be adjusted annually. Additional protections information on contractor requirements and worker under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 * SUTX2011-013 08/10/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and $ 12.98 Structures) ELECTRICIAN $ 27.11 FORM BUILDER/FORM SETTER Paving & Curb $ 12.34 $ 12.23 Structures LABORER Asphalt Raker Flagger L aborer, Common L aborer, Utility P ipelayer W ork Zone Barricade Servicer PAINTER (Structures) $ 12.36 $ 10.33 $ 11.02 $ 11.73 $ 12.12 $ 11.67 $ 18.62 3/25/2015 POWER EQUIPMENT OPERATOR: Asphalt Distributor Asphalt Paving Machine Broom or Sweeper Concrete Pavement Finishing Machine Concrete Paving, Curing, Float, Texturing Machine Concrete Saw $ 14.06 $ 14.32 $ 12.68 $ 13.07 ..$ 11.71 $ 13.99 Crane, Hydraulic 80 Tons or less Crane, Lattice boom 80 tons or less Crane, Lattice boom over 80 Tons Crawler Tractor Excavator, 50,000 pounds or less Excavator, Over 50,000 pounds Foundation Drill, Crawler Mounted Foundation Drill, Truck Mounted Front End Loader 3 CY or Less Front End Loader, Over 3 CY.$ 13.17 Loader/Backhoe $ 14.29 Mechanic $ 16.96 Milling Machine $ 13.53 Motor Grader, Fine Grade$ 15.69 Motor Grader, Rough $ 14.23 Off Road Hauler $ 14.60 Pavement Marking Machine... $ 11.18 Piledriver $ 14.95 Roller, Asphalt $ 11.95 Roller, Other $ 11.57 Scraper $ 13.47 Spreader Box $ 13.58 Servicer $ 13.97 Steel Worker Reinforcing Steel $ 15.15 Structural Steel Welder $ 12.85 Structural Steel $ 14.39 TRUCK DRIVER Low Boy Float $ 16.03 Single Axle $ 11.46 Single or Tandem Axle Dump$ 11.48 Tandem Axle Tractor w/Semi Trailer $ 12.27 $ 13.86 $ 14.97 $ 15.80 $ 13.68 $ 12.71 $ 14.53 $ 17.43 15.89 $ 13.32 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Page 2 of 5 httn'//lxnxn:, .,,Ant 1/ Page 3 of 5 Unlisted classifications needed for work not includedd aitrin the scope of the classifications listed may b award only as provided in the labor standards contract clauses (29CFR 5 5 (a) (1) (ii)) . The body of each wage determination lists the hevclassification and wage rates that have been found to be p the wfor hee e cited type(s) of construction in the area covered by determination. The classifications are listed in alphabetical o rder of "identifiers" that indicate whether the particular ✓ ate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU' or 'UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average ✓ ate based on all the rates reported in the survey for that classification. As this weighted average rate includes all ✓ ates reported in the survey, it may include both union and n on -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majorityrates. T Aon inddicates t he State of Louisiana. 2012 is the yearof t hese classifications and rates are based. The next number, 007 in the example, is an internal number used in producing datte dforethenclassificationns4andindicates undersurvey completion wae identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers 1/25/2015 Page 4 of 5 Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 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 Page 5 of 5 interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester 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) . Writo: 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 1/25/2015 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 04/2008 CITY OF PEARLAND 05/2008 Section 01100 SUMMARY OF WORK SUMMARY OF WORK Moo- 1of2 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 ' concrete fence along the A Work of the Contract is for the construction the Shad creast gt Subdivision along with a east right of way of Pearland Parkway along Shady crest at Shadycrest Drive. 1.03 WORK BY OWNER A NA 1.04 OWNER FURNISHED PRODUCTS A NA 1.05 WORK SEQUENCE A The contractor will clear the ROW line, place temporary fences, place the foundations of the wall and then place the precast concrete wall. The contractor will then place the gate at Shadycrest Drive After completion of the wall, the side fences of the adjacent properties will need to be tied into the concrete fence. 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 NA 1.07 CONTRACTOR'S USE OF PREMISES A Comply with procedures for access to the site and Contractor's use of rights -of -way as specified in Section 01140 - Contractor's Use of Premises. B Contractor shall be responsible for all utilities required forconstruction. OF WORK CITY OF PEARLAND 01100 -1 of 2 05/2008 CITY OF PEARLAND 05/2008 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 SUMMARY OF WORK 01100-2of2 CITY OF PEARLAND 05/2008 SUMMARY OF WORK nminn_,) fn 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, lamps, 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 construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 01140-1of4 02/2008 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Engineer and property owner(s). B Means, methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. D Contractor shall protect or replace all property corners, monuments or other demarcations disturbed, damaged or lost as a result of his activities. The replacement of these devices shall be properly documented to the satisfaction of the City by a Registered Public Land Surveyor with copies delivered to the Owner or private property owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E Locate and protect private lawn sprinkler systems which may exist on rights -of -ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities, accommodating installation or connection of Work with existing facilities, or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730 — Cutting & Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. 02/2008 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 ravel on a A Avoid hindering or needlssly street for morenveniencing public than two blocksat any street intersecting alley orany one timeTex 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 foi 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. C, 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 Mateiial Disposal. 02/2008 01140-3of4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.09 RESTORATION 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 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 ate 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 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 Mr AISC Manual of Steel nual of Steel tCon t uion gtion hts. Welded assemblies will be measured by CRSI or scale weights. 01200 - 1 of 3 05/2007 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 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. 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. 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 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES 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 c 01200-3of3 05/2007 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 forConstruction as the full unadjusted bData Quest ase rental rateBfor the Book). Rental Rate is defined 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 alsos of the beresponsibledfor authorized to execute change documents, and who shall 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. 01290-1of4 02/2008 CITY OF PEARLAND C CHANGE ORDER PROCEDURES Proposal for Change shall include, as a minimum, the following information as applicable: 1 Original Quantities of items in Section 00300 reductions, deletions, and substitutions. 2. When Work items were not included in Section Contractor shall provide unit prices for the new information as required by the Engineer. 3. Justification for any change in Contract Time. 4. Additional data upon request. Bid Proposal with additions, 00300 — Bid Proposal, items, with supporting 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 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 CITY OF PEARLAND The Engineer will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized bSec ion 00700 al General Conditions of Agreement, 7.02 ` Minor Changes", by issuing supplement instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other information. Response by the Engineer to a Request for Infoi mation 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 documentation. or he change and the effect on the Contract Price and Contract Time including soll 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 Coork and Time. will l designate a method of determining any change in Contract Price or 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 theork are kased included n ded in nit cescti nrn 00300 iginallY Bid Proposal , the Unit Price Change Order l bid, subject to provisions of Section 00700 — General Conditions of Agreement. B Where unit prices of the Work are not pre-determined Pet�i osal for Change will spe0cifyBhe id Proposal, Work Change Directive or acceptedp unit prices to be used. B CHANGE ORDER PROCEDURES 02/2008 01290-3of4 CITY OF PEARLAND 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. CHANGE ORDER PROCEDURES 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 — Standaid 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 foi 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 -Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 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, Nest, 1.01 io "Owner,OrContractor, and Engineer , and as identified by name at the nce. 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. g 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. 01310-1of3 02/2008 CITY OF PEARLAND COORDINATION AND MEETINGS 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 6. Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 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 cooidination 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. 4. 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. 02/2008 D Engineer or City's representative will prepare the agenda and preside at meetings. 01310-2nf� CITY OF PEARLAND E Contractor shall provide required information and be prepared to discuss each agenda item. COORDINATION AND MEETINGS 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 01310-3of3 02/2008 CITY OF PEARLAND Section 01350 SUBMITTALS 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 andwere in hte Technical Specifications, refer to this Section for Submittal requirements es. 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 days for initial rev ewittal by the Engineer acceptable which allows less than 0 y 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 responsible for quantity determination. The Contractor is responsible for any errors, omissions of deviations from the Contract requirements; review of 01350-1of6 01/2008 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 mcorpoiated 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 Contiact 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 fisted 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 shate 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 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 Ordeis, 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 Constiuction Schedule shall indicate dates when these items ate 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. 01350-3of6 01/2008 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 nlflcn A _ri SUBMITTALS CITY OF PEARLAND 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, sdtandard data to provide d ins tonformate din ion this Project. Supplement manufacturei 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 2, Contractor's Certification, ason described each samplehis Section, or a firmly attached2 sheetsheettal of Procedures", shall be placed 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. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of the certificate. 01350-5of6 01/2008 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 8/2 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, T02, T03, etc. 01/2008 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 01350-7of6 01/2008 CITY OF PEARLAND Section 01380 CONSTRUCTION PHOTOGRAPHS CONSTRUCTION PHOTOGRAPHS 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for construction photographs and submittals. B References Technical Specifications: 1. Section 01100 — Summary of Work 2. Section 01350 — Submittals 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Construction Photographs under this Section. Include cost in Bid Items for installed Work. 1.03 SUBMITTALS A When required by Section 01100 — Summary of Work, submit photographs in accordance applicable provisions of this Section. B Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. C Prepare three (3) prints of each view and submit two (2) prints directly to the Project Manager within seven (7) days of taking photographs. One (1) print shall be retained by the Contractor in the field office at the Project Site and available at all times for reference. D When requested by the Project Manager, the Contractor shall submit extra prints of photographs, for distribution directly to designated parties who will pay the costs for the extra prints directly to the photographer. E When required by individual Sections, submit photographs taken prior to start of the Work to show original Project Site conditions. F When required by Contract Documents, submit photographs with Application for Payment. G When required by individual Sections, submit photographs taken following completion of the Work to show the condition in which the Project Site will be left. H With each submittal, include photographic negatives in protective envelopes, identified by Project Name, Contractor, and date photographs were taken. 01380 - 1 of 3 01/2008 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS 1.04 QUALITY ASSURANCE A Contractor shall be responsible for the timely execution of the photographs, their vantage point, direction of shot, and quality. 2.0 PRODUCTS 2.01 PHOTOGRAPHS A Photographs shall be digital quality and shall be submitted on a CD. B The photographs shall show on a non -elective chalkboard or white board, readable in the photograph: 1. Job number. 2. Date and time photographs were taken. 3. Location of the photograph, house number and street, along with the project number. C Indicate the condition of the following: 1. Esplanades and boulevards 2. Yards (near side and far side of street). 3. House -walk and sidewalk. 4. Curb. 5. Area between walk and curb. 6. Particulai features (yard lights, shrubs, fence, trees, etc.). 7: Date shall be on negative. 8. Provide notation of vantage point marked for location and direction of shot on a key plan of the Project Site. D Sufficient number of photographs shall be taken to show the existence or non- existence of cracked concrete and the condition of trees, shrubs and grass. E Identify each photograph with an applied label or rubber stamp on the back with the following information: 1. Name of the Project. 2. Name and address of the photographer (if a professional photographer is used). 3. Name of the Contractor. 4. Date the photograph was taken. 5. Photographs to be in plastic pockets and bound in three -ring notebook for easy access and viewing. 3.0 EXECUTION 3.01 PRECONSTRUCTION PHOTOGRAPHS A Prior to the commencement of the Work, take photographs of the entire route of the Project Site. 01/2008 CITY OF PEARLAND 3.02 POST -CONSTRUCTION PHOTOGRAPHS A Following the completion of the Work, take photographs from corresponding vantage points and direction of shots. 3.03 PROGESS PHOTOGRAPHS A Take photographs at intervals, coinciding with the cutoff date associated with each Application for Payment and submit on CD with monthly Application for Payment. B Select the vantage points for each shot each month to best show the status of construction and progress since the last photographs were taken. Take not less than two (2) shots from the same vantage point creating a time -lapsed sequence. C Follow direction when given by the Project Manager in selecting vantage points. END OF SECTION CONSTRUCTION PHOTOGRAPHS 01/2008 01380-3of3 CITY OF PEARLAND Section 01420 REFERENCED STANDARDS REFERENCED STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.02 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards comply with requirements of the standard except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in Section 00700 — General Conditions of Agreement. C Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI AGC AI AITC American Concrete Institute P.O. Box 19150 Refold Station Detroit, MI 48219-0150 Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 Asphalt Institute Asphalt Institute Building College Park, MD 20740 American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 02/2008 01420-1of5 CITY OF PEARLAND AISC AISI ASME ANSI APA API AREA ASTM American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 American National Standards Institute 1430 Broadway New York, NY 10018 American Plywood Association Box 11700 Tacoma, WA 98411 American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood -Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society PO.Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 REFERENCED STANDARDS 02/2008 CITY OF PEARLAND REFERENCED STANDARDS CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 CRD U.S.A. Corps of Engineers CRSI EJMA Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FDA U.S. Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-0001 FS ICEA (WEE Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 0855-1331 MIL Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 NACE National Association of Corrosion Engineers P. O. Box 986 Katy, TX 77450 01420-3of5 02/2008 CITY OF PEARLAND REFERENCED STANDARDS NEMA National Electrical Manufacturers' Association 2101 L Street, N.W., Suite 300 Washington, DC 20037 NFPA National Fire Protection Association Batterymarch Park, P.O. Box 9101 Quincy, MA 02269-9101 OSHA Occupational Safety Health Administration U.S. Department of Labor, Government Printing Office Washington, DC 20402 PCA PCI SDI SSPC Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 Steel Deck Institute Box 9506 Canton, OH 44711 Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Depaitment of Transportation 125 East llth Stieet Austin, TX 78701 2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices (2003 Adoption) (published by Texas Department of Transportation) UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 02/2008 CITY OF PEARLAND REFERENCED STANDARDS Dallas, TX 75234 WRI Wire Reinforcement Institute 942 Main Street — Suite 300 Hartford, CT 06103 WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 01420-5of5 02/2008 0. CITY OF PEARLAND 1.0 GENERAL CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOR'S QUALITY CONTROL 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. 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 -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 Ola'2n _'7 of') CITY OF PEARLAND 1.0 GENERAL CONTRACTOR'S USE OF PREMISES Section 01140 CONTRACTOR'S USE OF PREMISES 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 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 01730 — 01555 01562 01720 02980 — 02770 — 02255 02922 — 02921 — 1.02 SUBMITTALS Cutting & Patching Traffic Control & Regulation Waste Material Disposal Field Surveying Pavement Repair Curbs, Cuib & Gutter, & Headers Bedding, Backfill, & Embankment Materials Sodding Hydromulch Seeding 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 fiom 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 construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 02/2008 01140 1 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Engineer and property owner(s). B Means methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. D Contractor shall protect or replace all property corners monuments or other demarcations disturbed, damaged or lost as a result of his activities. The replacement of these devices shall be properly documented to the satisfaction of the City by a Registered Public Land Surveyor with copies delivered to the Owner or private property owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E Locate and protect private lawn sprinkler systems which may exist on rights -of -ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities, accommodating installation or connection of Work with existing facilities, or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730 — Cutting & Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. 02/2008 nlian_9 nfa 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 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 hydiomulch 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 -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 ni14n_AnfA. 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 -Not Used END OF SECTION 09/2009 01440 - 1 of 1 CITY OF PEARLAND TESTING LABORATORY SERVICES Section 01450 TESTING LABORATORY SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Testing Laboratory Services and Contractor responsibilities related to those services. B References to Technical Specifications: 1. Section 01350 — Submittals C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3740, ` Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction" b. ASTM E 329, "Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction" 1.02 SELECTION AND PAYMENT A Owner will select, employ, and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Technical Specifications. B Employment of testing laboratory shall not relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. C Owner or designated representative shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. D Contractor shall be responsible for paying for services of commercial testing laboratory, with prior approval of Owner, to perform the following: 1. Pipe diameter deflection tests on all flexible and semi -rigid sanitary sewer collection system pipe installation 2. Laboratory services requited to establish mix design proposed for use for Portland cement concrete, asphaltic concrete mixtures and other material mixes requiring control by testing laboratory when required because of change in source of materials or other conditions not caused by Owner. 3. Tests required to establish optimum moisture of earth and base materials and to determine required compactive effort to meet density requirements. 4. Cores to test for thickness. 5. Testing and inspection performed for the Contractor's convenience. 6. Retesting and repetitions of laboratory services when initial tests indicate work does not comply with requirements of Contract Documents. 04/2008 01450 - 1 of 3 CITY OF PEARLAND TESTING LABORATORY SERVICES 1.03 LABORATORY REPORTS A The Engineer will receive 1 copy, the Project Manager will receive 2 copies, and the Contractor will receive 2 copies of Laboiatory Reports fiom the testing laboratory. One of the Contractor's copies shall remain at the Project Site for duration of Project. Test results which indicate non-conformance shall be transmitted immediately via fax from the testing laboratory to the Contractor and Project Manager. 1.04 LIMITS ON TESTING LABORATORY AUTHORITY A Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B Laboratory may not approve or accept any portion of the Work. C Laboratory may not assume any duties of Contractor. D Laboratory has no authority to stop the Work. 1.05 CONTRACTOR RESPONSIBILITIES A Notify Project Manager and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Engineer if specification section requires the presence of the Engineer. B Cooperate with laboratory personnel in collecting samples to be tested or collected on Project Site. C Provide access to the Work and to manufacturer's facilities. D Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. E Provide incidental labor and facilities for access to the Work to be tested; to obtain and handle samples at the site or at source of products to be tested and to facilitate tests and inspections including storage and cunng of test samples. F Arrange with laboratory and pay for: 1. Retesting required foi failed tests. 2. Retesting foi nonconforming Work. 3. Additional sampling and tests requested by Contractor for his own purposes. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 04/200R Ill Ac/l 01 _Q7 CITY OF PEARLAND TESTING LABORATORY SERVICES 3.01 CONDUCTING TESTING A Laboratory sampling and testing shall conform to ASTM D 3740 and ASTM E 329, as well as other test standards specified in individual Technical Specifications. END OF SECTION 04/2008 01450 - 3 of 3 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements, first aid equipment, fire protection, security measures, protection of the Work and property, access roads and parking, environmental controls, disposal of trash, debris, and excavated material, pest and rodent control, water runoff and erosion control. B References to Technical Specifications: Section 00200 — Instructions to Bidders Section 01100 — Summary of Work Section 01350 — Submittals Section 01566 — Source Controls for Erosion & Sedimentation Section 01100 — Summary of Work 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 above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to 12-2- 2011 01500 - 1 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Technical Specifications. Maintain and operate temporary facilities and systems to assure continuous service. Modify and extend systems as Work progress requires. Completely remove temporary materials and equipment when their use is no longer required. Restore existing facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements with utility service companies for such temporary services as are necessary to construct the work and manage the site. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel, power, light, heat, and other utility services necessary for execution, completion, testing, and initial operation of the Work. B Water Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. nicnn n _fin 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 Woik, including testing of Work. Provide power for lighting, operation of the Contractor' s equipment, or for any other use by Contractoi or as necessary to maintain any of Owner' s on -going operations as may continue on the site during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 2 Provide permanent electric power service, in the Contractor's name, to the work or site as and when required by the schedule of the work to achieve Substantial Completion or Partial Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. D Natural Gas Provide and pay for natural gas service to the work as and when required by the schedule to achieve Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. E Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. F Telephone Provide emeigency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. G Sanitary Facilities Provide and maintain sanitary facilities for persons on the Project Site, in compliance with federal, state, and local regulations Locate toilets on the Project Site near the 12-2- 2011 01500 - 3 of 10 CITY OF PEARLAND 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 Repiesentative including: meeting table and chairs, a single two drawer filing cabinet, a built-in drawing table and plan holders. Piovide electric lighting and HVAC to the mobile office. 1. Field Office shall provide for, at a minimum, a high speed internet connection for use by Owner's Representative or Construction Manager as controlled by Paragraph A above. 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600 — Material & Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall prepare, submit and follow a Safety Program that complies with federal, state, and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570 — Trench Safety System. B Conduct operations in strict accord with applicable federal, state and local safety codes and statutes and with good construction practice. The Conti actor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. 10 ')_. 7n1 1 ill cnn A ,.F 111 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 Standaids Act, published in OSHA Standards - 29 CFR, Part 1926, and adopted by Secietary of Labor under the Williams -Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Conti actor 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, 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. 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 Standaid No. 10, Portable Fire Extinguishers, for each temporary building, and for every 3000 square feet of floor area of facilities under construction. 12-2- 2011 n 1 Son - S of in CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. C. Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids Do not store flammable or combustible liquids in or near stairways or exits. Maintain clear exits from all points within a structure. 1.11 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft, damage, and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing as approved by Owner' s Representative. 1.12 PROTECTION OF PUBLIC UTILITIES A Prevent damage to existing public utilities during construction. These utilities are shown on the Plans at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, foi 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. fl fl flan, , 111 cnn_Anfin 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 piovided 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 n1Snn-'7r,ftn 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 piovided for in the Contract Documents, the Engineer will direct Contractor in writing to perform the Woik, which shall be paid foi under the provisions for changes in the Contract Price as described in Section 00700 — General Conditions of Agreement. Support in place and protect flora 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. n1 Gnn 0 .._C 1 n CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off -site parking Locate as approved by Engineer. G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.16 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes, regulations and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190, Executive Order 11514. C Provide, install and maintain storm water runoff control including but not limited to temporary entrance, silt fencing, etc. as specified in Contract Documents. D Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Burning of rubbish, debris or waste materials is not permitted. 1.17 POLLUTION CONTROL A Provide methods, means, and facilities required to prevent contamination of soil, water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of any contaminated eaith 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. 01500 - 9 of 10 12-2- 2011 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 requited 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 Section 01505 MOBILIZATION 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 subject may to b ee includ receipt a ed itithe first monthly Application for Payment. Payment approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350 — Submittals) 2. Trench Safety Program (Section 01570 — Trench Safety System) 3. Construction Schedule (Section 01350 — Submittals) 4. Pre -construction Photographs (Section 01380 — Construction Photographs) 5. Installation and acceptance of Project Identification Sign(s) n 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 Requii ements) C. Payment for 25% of the Mobilization lumpsum bid isem may ct bto e itce uded i n the e second monthly Application for Payment.Payment 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 p sum bid item may be fo included in the fourth monthly Application 01505 - 1 of 1 09/2012 CITY OF PEARLAND MOBILIZATION G. Mobilization payments will be subject to Retainage as stipulated in Section 00700 General Conditions ofAgieement. 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 foi 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 STABILIZED CONSTRUCTION EXITS Section 01550 STABILIZED CONSTRUCTION EXITS 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of erosion and sediment control for Stabilized Construction Exits used during construction and until final development of the Project site. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01562 — Waste Material Disposal 3. Section 01566 — Source Controls for Erosion & Sedimentation C Referenced Standards: 1. American Society of Testing and Materials (ASTM) a. ASTM D 4632, ` Standadd Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payf ent r which will bethms ade fk rs ao k performed under this Section. Include cost in Bid Items 1.03 SUBMITTALS A Make Submittals required in this Section under the provisions of Section 01350 — Submittals. B Manufacturer's catalog sheets and other product data on Geotextile fabric. C Sieve analysis of aggregates conforming to requirements in this Section, 2.02 "Course Aggregates". 2.0 PRODUCTS 2.01 GEOTEXTILE FABRIC A Provide woven or non -woven geotextile fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B By ASTM D 4632, geotextile fabric shall have a minimum grab strength of 270 psi any principal direction, and the equivalent opening size between 50 and 140. ew, and rot C Both the geotextile and threads shall be resistant tast bih zees to provack, ide de a m�n mum f 6 and shall contain ultraviolet ray inhibitors a months of expected usable life at a temperature range of 0°F to 120°F. 01550-1of4 02/2008 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS D Representative Manufacturers: Mirafi, Inc , Or -Equal. 2.02 COARSE AGGREGATES A Coarse aggregate shall consist of crushed stone, gravel, concrete, crushed blast furnace slag, or a combination of these materials Aggregate shall be composed of clean, hard, durable materials free from adherent coatings, salt, alkali, dirt, clay, loam, shale, soft or flaky materials, 01 organic and injurious matter. B Course aggregates shall conform to the following gradation requirements. Sieve Size Percent Retained (Square Mesh) (by Weight) 21/" 2" 11h" 3/ "" No. 4 0 0-20 15-50 60 — 80 95 - 100 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A If necessary to keep the street clean of mud carried by construction vehicles and equipment, Contractor shall provide stabilized construction exits at the construction, staging, parking, storage, and disposal areas. Such erosion and sediment controls shall be constructed in accordance with the requirements shown on the 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 Maintain existing e1 osion and sediment control systems located within the Project Site until acceptance of the Work or until directed by the Engineer to remove and discard the existing system. E Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately. D Regularly inspect and repair or replace components of stabilized construction exits. Unless otherwise directed, maintain them until the Work is accepted by the Owner. Remove stabilized construction exits promptly when directed by the Engineer Discard removed materials in accordance with Section 01562 — Waste Material Disposal. 02/2008 01550-2of4 CITY OF PEARLAND ce F Conduct all construction operations under this Contract ct in Sourcen orman withrosion erosion control practices described in the Section 01 566& Sedimentation. 3.02 CONSTRUCTION METHODS A Provide stabilized access roads, subdivision roads, parking areas, and other on -site vehicle transportation routes where shown on Plans. B Provide stabilized construction exits, and truck washing areas when approved by En ineer, of the sizes and locations where shown on Plans or as specified in this g Section. remove diment C Vehicles leaving construction areas shall have theirres cleanewashing dis t needed toeremove prior to entrance onto public right-of-way. When sediment, Contractor shall construct a truck washing rruck byh erosion on abe done on stabilized areas which drain into a drainage systemprotected sediment control measures. lans. D Details for Stabilized Construction Exits are shown on the Roadway width shall be of other stabilized areas shall be to the same requirements. least 14 feet for one-way traffic and 20 feet for two-way separator ll be sufficient for all ingress and egress. Furnish and place geotextile fabric as perm to prevent mixing of coarse aggregate with underlaying soil. a maximum of of ge textile fabric to the elements between laydown and cover shall 14 days to minimize damage potential. way E Roads and parking areas shall be graded to provide sf methods drato preventeasedimfroment stabilized areas. Use sandbags, gravel, boards, or similar from entering public right-of-way, receiving stream or storm water conveyance system. eriodic top F The stabilized areas shall be inspected and maintainedthe required depth.p Repair and dressing with additional coarse aggregates to maintain clean out damaged control measures used to trap sedime t.e removed sediment spilled, dropped, washed, or tracked onto public right-of-way shallb t not s than 0 G The length of the stabilized area shall be as shown on the width shun not bees less 5 an feet. The thickness shall not be less than 8 inches. Thefull width of all points of ingress or egress. H Stabilization for other areas shall have the same coarse aggregate, thickness, and width requirements as the stabilized construction exit, except where shown otherwise on the Plans. 1 Stabilized area may be widened or lengthened to accommodate truck washing area when authorized by Engineer. STABILIZED CONSTRUCTION EXITS 01550-3of4 02/2008 CITY OF PEARLAND J 02/2008 STABILIZED CONSTRUCTION EXITS Alternative methods of construction may be utilized when shown on Plans, or when approved by the Engineer. These methods include the following: 1 Cement -Stabilized Soil, Compacted cement -stabilized soil or other fill 2 material in an application thickness of at least 8 inches. Wood Mats/Mud Mats - Oak or other hardwood timbers placed edge -to - edge and across support wooden beams which are placed on top of existing soil in an application thickness of at least 6 inches. 3. Steel Mats - Perforated mats placed across perpendicular support members. END OF SECTION 01550-4of4 CITY OL AND REGULATION Section 01555 TRAFFIC CONTROL AND REGULATION 1.0 GENERAL 1.01 SECTION INCLUDES flares, lights and A Requirements for traffic control plans, sigarksignals, control,tdesagnated haulsro u es and traffic signals, as well as construction parking 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 Sum basis for Traffic A Traffic Control and RegulatMeasurement ubmittal of a traffic control plan if different from Control and Regulation, including rovision of the one provided on the Plans, provision of traffic control the Work and the public. The amount equipment and personnel as necessary to protect invo iced 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. Registereda and sealed y B A Traffic Control Plan responsive to the Texas MUTCD the Contracbtor p poses to Professional Engineer is incorporated into the submit a implement traffic control different than the plan provided, heshall of the Engineer Traffic Control Plan in conformance with Texas MUTCD for approval C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values within 30 days following the Notice to Proceed. D Ea ch week submit a daily log for Flaggers listing name, badge number, time start, time finish, and hours worked. 01555 - 1 of 4 03/2008 CITY OF PEARLAND 1.04 FLAGGERS A uniformed Peace Officers. Flaggers otherwise specified, use only who are off -duty, regularly employed, B Flaggers are required at the following locations: 1 vehicular traffic. Where multi -lane vehicular traffic must be diverted into single -lane 2. 3 Where vehicular traffic must change lanes abruptly. lanes and walks. Where construction equipment either enters or crosses vehicular traffic 4. Where construction equipment may intermittently encroach on vehicular 5. traffic lanes and unprotected walks and cross -walks. 6 Where construction activities might affect public safety and convenience. 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 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 Contrac may deem necessary to protect the work and the public and does not in anywa r relieve the Contractor of his responsibility for any damageu Y for which he would otherwise be liable.ld Flaggers shall be used and maintained at such points for such periods of time as may be requited 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 Contractor shall maintain at all times a 10-foot-wide all-weather lane adjacent 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 TRAFFIC CONTROL AND REGULATION B Traffic Cones and Drums, Flares and Lights: a jurisdiction. ts: As approved b Y g enc' ies having 3.0 EXECUTION 3.01 PUBLIC ROADS A Abide by laws and regulations of governing authorities when using public roads Contractor's work requires that public roads be temporarily impeded or clothe approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the Engineer. 01555-2of4 CITY OF PEARLAND C Contractor shall not obstruct the normal flow of traffic or from as 7:0c0ted . to 9:00 y the Engineer. a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials 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 e Job area free of resulting from construction d material, debris, and any foreign ma 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 pe'sonnel'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. areas of haul routes to regulate traffic and minimize TRAFFIC CONTROL AND REGULATION C Provide traffic control at critical interference with public traffic. D Contractor shall be responsible routes. for any damage caused by vehicles utilizing haul 3.04 TRAFFIC SIGNS AND SIGNALS A Install traffic control devices at approaches to the site and on direct constructiontand affected crossroads, detours, parking areas, and elsewhere as needed to 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. 01555-3of4 03/2008 CITY OF PEARLAND C Install bridging to operate with minimum noise. 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. 4 When more than two separate plates are used for the bridge; or When bridge is to be used for more than five consecutive days. 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 Section 01560 FILTER FABRIC FENCE 1.0 GENERAL 1.01 SECTION INCLUDES of filter fabric fence to trol erosion and contain sediments and A Installation pollutants from overland flow. Filter areas. Filter fabric fence may be remf 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 'Stnd andard Teaterials st Method for Hydraulic Bursting strength TM) a. ASTM D 3786, of Textile Fabrics' Load and b. ASTM D 4632, "Standard Test Method for Grab Breaking Elongation of Geotextiles 1.02 MEASURMENT AND PAYMENT linear foot between the limits of the A Filter fabric fence will be measured by the B Payment for filter fabric fence will include and be fullcompensation por construction all labor, equipment, materials, supervision, and all incidentalexpenses of these ems complete in place including, but not limited to protection of trees, maintenance items, f nt requi rements, repair and replacement of damaged control sections, at otheeendeof deposits, and removal of erosion and sediment construction. C Refer to Section 01200 — Measurement & Payment Procedures. RIC FENCE con fabric fence is not for use in channelized flow orced. beginning and ending of wooden stakes. 1.03 SUBMITTALS A Make Su bmittals required by this Section under the provisions of Section 01350 -- Submittals. B Manufacturer's catalog sheets and other Product Data on geotextile fabric. 01560 - 1 of 03/2008 CITY OF PEARLAND FILTER F 2.0 PRODUCTS 2.01 FILTER FABRIC A Provide woven or nonwoven geotextile filter fabric made of eith polyethylene, ethylene, or polyamide material. er polypropylene, B B Erosion and sediment control measures shall be in place prior to the that exposes the soil, other than as specifically directed by the Engineer to of any Work testing and surveying. allow soil C Regularly inspect and repair or replace damaged components of filter fabricspecified in this Section, 3.02F Unless otherwise directed, maintain the erosienca d erosion sediment control systems until the Woik is accepted by the Owner. Remove on and and sediment control systems promptly when directed by the Engineer. D' removed materials in accordance with Section 01562 — Waste Mrscard D Material Disposal. Conduct all construction operations under this Contract in conformance erosion control practices described in Section 01566 — Source Controls for Erosion the Sedimentation. stun & 3.02 CONSTRUCTION METHODS A Provide filter fabric fence systems in accordance with the Plan detail fence Filter fabric fence shall be installed in such a manner that surface runo fabric ff percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. retained B Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a apart and embedded a minimum of 8 inches. If filter fabric is factory of 3 feet y preassembled By ASTM D 4632, geotextile fabric shall have a grab strength of 100 psi principal direction, a Mullen burst strength exceeding 200psi by ASTM - D3786, any the equivalent opening size between 50 and 140.and C Filter fabric shall contain ultraviolet inhibitors and stabilizers to provide 6 months of expected usable construction life at a temperature range of 0 minimum rel F tof o 120 degrees F. glees F to 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 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. the 03/2008 01560-2of3 FILTER FABRIC FENCE CITY OF PEARLAND ort netting, then maximum spacing allowable is 8 feet. Install wooden stakes with su pp at a slight angle toward the source of anticipated runo Trenchff. in the toe of the filter fabric fence with a spad oi of the tmechanical trencherenand C the edges shown on the Plans. Lay filter fabric along compact trench. fabric fence shall have a minimum height of 18 inches and a maximum height of D Filter fa 36 inches above natural ground. Pr ovide the filter fabric in continuous rolls and Ty,splice ut tothe the Fabric together length f efence to E ly minimize the use of joints. When joints are necessary, at a support post with a minimum 6-inch overlap and seal securely. ed Inspect filter fabric fence systems after each rainfall, daily during periods of prolong F rainfall, and at a minimum once each week. Repair reaches a depth one - of ed d the height sections immediately. Remove hes sediment whichevdeposits is less.when sr of the fence or 6 END OF SECTION 01560-3 of: 03/2008 CITY F PEARLAND REINFORCED FILTER FABRIC BARRIER Section 01561 REINFORCED FILTER FABRIC BARRIER 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of reinforced filter fabric barrier to control erosion and contain sediments and pollutants in channelized flow areas. B References to Technical Specifications: 1. Section 01200 - Measurement & Payment Procedures 2. Section 01350 - Submittals 3 Section 01566 - Source Controls for Erosion & Sedimentation C Referenced Standards:Hydraulic Bursting strength 1. American Society for Testing and Materials od for Hy a. ASTM D 3786, "Standard of Textile Fabrics' Load and b. ASTM D 4632, Standard Test Method for Grab Breaking Elongation of Geotextiles" 1.02 MEASURMENT AND PAYMENT e r reinforced filter fabric barrier is on a linearaccepted, and complete inf foot basis between the A Measurement o and ending fence posts, measure p limits of the beginning place. compensation for all labor, and incidental expenses for construction of these Payment for filter fabric barrier will include and be full comp maintenance B ervrsron, equipment, materials, sup fete in lace, including, but not limited to protection o trees, items, comp p ed sections, removal of sediment 1 of erosion and sediment control systems at the end of requirements, repair and replacement of damaged deposits, and removal construction.. C Refer to Section 01200 - Measurement & Payment Procedures. 1.03 SUBMITTALS provisions of Section 01350 - A Make Submittals required by this Section under the p'r Submittals. B Manufactur er's catalog sheets and other product data on geotextile fabric. 01561-10 05/2008 D 05/2008 REINFORCED FILTER FABRIC BARRIER polyethylene, ethylene, or polyamide material. Provide woven or nonwoven geotextile filter fabric made of either of p Ypropylene, By ASTM - D4632, geotextile fabric shall have a grab strength principal direction, a Mullen burst strength exceeding 200 si by ASTM D3786, and the equivalent opening size between 50 and 140. of 100 psi in any p- Filter fabric shall contain ultraviolet inhibitors and stabilizers to 6 months of expected usable construction life at a temperature r provide a minimum of range of 0 degrees F to 120 degrees F. CITY OF PEARLAND 2.0 2.01 PRODUCTS FILTER FABRIC A B C D Representative Manufacturer: Mirafi, Inc., or equal. 2.02 FILTER FABRIC REINFORCEMENT A maximum mesh spacing of 6 inches. Provide woven galvanized steel wire fence with minimum thickness of 14 gauge and a B Welded wire shall be galvanized,2-inch by y 4-inch, welded wire fabric, 121h gauge. 2.03 EXECUTION 2.04 PREPARATION A Provide erosion and sediment control systems at the locations systems shall be of the type indicated and shall be constructed ed in a cordace on nce with the the requirements shown on the Plans and specified in this Section. Erosion and sediment control measures shall be in place pdirectedpby iorthto the start of o Work testing and surveying. that exposes the soil, other than as specifically Engineer to allow soil C Regularly inspect and repair or replace damaged components Unless otherwise directed, maintain the erosion and sediment control until the Work is accepted b the Owner, of filter fabric barrier. Y Remove erosion and sedimentcontrols systems promptly when directed by the Engineer. Discard removed materials in accordance with Section 1562 — Waste Material Disposal. Conduct all construction operations under this Contract in conform erosion control practices described in Section 01566 - Erosion forEroso ithe Sedimentation. Source Controls ion & 01561-2of3 REINFORCED FILTER FABRIC BARRIER CITY OF PEARLAND 2.05 INSTALLATION l du A Install reinforced filter fabric barriers for erosion and sediment iteontrous Reinforced filter construction and until the final developmentdn in of the Projectchannelized flow areas. fabric barriers are used to retain se fabric barrier in accordance with rthe r systems sha 1 befor B provide edinforeed bfiiter h the system and allow orced Filter Fabric Barrier. Reinforced filter througai Reinforced installed in such a ' nee andmanner taccumulat d. percolate sediment to be retained ade or mechanical filter fabric along the edges of the trench. C Trench in the toe of the reinforced filter fabric barrier witha sp trencher as shown a t trenchthe . Lay Backfill and comp of 18 inches. D Reinforced filter fabric barrier shall have a height E Securely fasten the filter fabric to the wire with tie wires' length of the fence to splice thegabric together only Provide the filter fabric in continuos rolls cut o pt e F Provjoints. When joints minimize the use of u oit post with a minimum 6-inch overlap and seal securely. dailyduring atas pp systems after each rainfall, air or dining G Inspect the reinforced filter fabric barrier meach whenk siltR reaches a depth prolonged rainfall, and at a minimumdepositsch week. Rep eplace periods of ei g damaged sections immediately.barrier ori6 inches, sedimenthichever is less. one-third the height of th END OF SECTION 01561 - 3 05/2008 A CITY F PEARLAND WASTE MATERIAL DISPOSAL Section 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01566 — Source Controls for Erosion & Sedimentation 3. Section 01600 — Materials & Equipment 1.02 MEASUREMENT AND PAYMENT will be made for Work performed A Unless indicated as a Bid Item, no separate paymentcomponent. under this Section Include cost in Bid Items for which this Work is a comp 1.03 SUBMITTALS A Make Sub mittals 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 p Y owners, along with a description of the ert rior to disposal of excess material adjacenttothe lePro ject Site. Submit a written propy� p of disposal work. ro written and signed release from p pert y owner upon c p City of Pearland requires individual fill placement permits for all fill placed within the City limits. 1.04 WASTE MATERIAL DISPOSAL PLAN for the collection and disposal of A Contractor shall formulate and implement a plan waste materials on the Project Site which includes the following information: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. water pollutants material. 3. Provisions for liquid waste and potential B The plan shall comply with applicable federal, state, and local health and safety re ulations and Section 01566 —Source Controls for Erosion &Sedimentation. g 2.0 PRODUCTS - Not Used 01562 - 1 of 07/2006 CITY OF PEARLAND WASTE 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. F When temporary, on -site storage of salvaged materials is required, applicable provisions of Section 01600 — Materials & Equipment, ed' comply with 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 o g location not in or adjacent to a stream or floodplain. ff site at a C Sediment to be placed at the Project Site should be spread evenly designated area, compacted and stabilized. Sediment shall not be allowedotoflush the a stream or drainage way.flush into D If sediment has been contaminated, it shall be disposed of in accord federal, state, and local rules and regulations. ance with existing 3.03 EXCESS MATERIAL, WASTE, AND EQUIPMENT A Vegetation, rubble, broken concrete, debris, asphaltic concrete pave, and other materials not designated for salvage, shall become the prope t y ntrnot Contr ctsoil, and shall be removed from the Project Site and legally disposed of. ator SAL D Specifications. requirements of individual salvageable materials: Conform to' vidual Technical B Base, surface, and bedding material: Deliver gravel, asphaltic or other surfacing material designated for salvage to the location designated by the Enginand C Pipe culvert: Deliver culverts designated for salvage to Owner's storageeer. area. ATERIAL DISP E Coordinate delivery of salvageable material with Engineer. 07/2006 B applicable laws and regulations Dispose of removed equipment, materials, waste and debris in a mann er conforming to C Excess soil may be deposited on private property adjacent to the Project written permission is obtained from property owner underte when Section, 1.03D the provisions of this B Off -site disposal is the responsibility of the Contractor. 01562-2of3 WASTE MATERIAL DISPOSAL CITY OF PEARLAN D Verify the flood plain status of any propose is in an area designated as within the 100-year Flood Hazard Area. D E F d disposal site. Do not dispose of excavated materia Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. the Owner in any way. No materials shall be disposed in a manner to damage END OF SECTION 01562-3c 07/2006 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 ment will be made for Work performed A Unless indicated as a Bid Item, no separate pay under this Section Include cost in Bid Items for which this Work is a component. 1.03 PROJECT CONDITIONS protect existing tees and plants to remain from foliage, branch, trunk, or A Preserve andp root damage that could result from construction operatio B Prevent following types of damage: 1 Compaction of root zone by foot or vehicular material ,storageeor from nailing 2 Trunk damage from equipment operations, or bolting.pes or guy wires or machine impacts. 3. Trunk and branch damage caused by ro paint, and other noxious 4. Root poisoning from spilled solvents, gasoline, mates ials. 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 roots. depositing lime, concrete plaster or other base material s near 8. Cutting feeder of roots or roots larger than 1-1/2 inches in diameter. 1.04 DAMAGE ASSESSMENT ly A When trees, other than those designated for removal, are destroyed or sbadly damaged remove and replace v a variety ofconstruction andj ucudi og 8 inches,in trunk diameter. Tiees larger than 8 in variety hes in variety up to and including 8 diameter shall be replaced with an 8-inch diameteran amount determined from the following and total contract amount will be reduced by w International Shade Tree Conference formula: 0.7854x D abxo$10.0 ve dgrae here D is diameter in inches of tree or shrub trunk measured 1 inches Forester. B All necessary tree replacements shall be as approved by Engineer/Urban 01563-1 of 02/2013 CITY OF PEARLAND 2.0 PRODUCTS 2.01 MATERIALS A Asphalt paint: Emulsified asphalt or other adhesive, elastic formulated for horticultural use on cut or injured plant tissue, from kerosene aa d coal creosote. freeand B Burlap: Suitable for use as tree wrapping TREE AND PLANT PROTECTION C Fertilizer: Liquid containing 20 percent nitrogen, 10 percent percent potash. phosphorus, and 5 D Temporary Barrier Fence: Plastic, bright orange color for visib' ' height, 8.5 pounds weight minimum. Arty, 48 inches in 3.0 EXECUTION 3.01 B PROTECTION AND MAINTENANCE OF EXISTING TREES AND A Except for trees and shrubs shown on Plans to be re SHRUBS ree the Project Site area are to remain and be protected from damage s and shrubs within For designated trees to be removed, perform the following: 1. Stake right-of-way limits and identify any tree of diameter greater inches which is to be removed. Mark trees piior to felling with an X in4 2• orange paint, clearly visible, on the trunk, and at eye level. After marking trees give a minimum of 48-hours notice in wrttin Engineer of intent to begin felling operations. g to the 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 q g 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 Br cuts should not gouge outer layer of tree structure or trunk. anch 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) construction activities, p ) by 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 re construction materials, vehicles, or excavated material b Do not sto inside dripline of trees c. Do not pour liquid materials inside dripline. trees and shrubs that will remain to maintain their health 4 Water and fertilizeperiod. during construction p of landscaping during construction should be P a.scag Supplemental watering average rainfall and twice a done once a week in months receivinggrainfall. week in months receiving below average terin shall consist of saturating soils at least 6 to 8 inches b. This wa g beneath surface. ivate sprinkler systems while Water areas currently being served by p i' 5' temporarily taken out of service to maintain health of existing systems are tom p trees and landscapes. with e Engineer's permission, 6. At option of the Contractor anoraril hansn anted and returned to original shrubs to remain may be temporarily p positions under supervision of professional horticulturist. 3.02 PROTECTIVE CONTROLS protective circle, approximately 8 feet on A protection of treesee drive-ine in open is in 1 Install steel fence pof trees or 2 ft around shrubs5 feet center, at the dripline of the3 feet af pminimum into ground, leaving 2. Drive steel drive-in fence posts minimum above ground. For trees or shrubs in paved areas, use moveable posts constructed from 3' d steel pipe 2-1/2 inches minimum in diameter mounted in concrete -fine rubber auto tires filled with concrete. fety fence on posts. 4. Mount plastic temporary mechanical B Timber -wrap protection for trees in close proximity of moving or equipment and construction work: y aced 3 inches 1 Wrap trunk with layer ofburlap. o 6-foot lengths) vertically , sp 2. Install2x4'sor2x6's(5-foot to 5 inches apart around circumference of tiee trunk. 3. Tie in place with 12 to 9 gage steel MAINTENANCE OF NEWLY PLANTED TREES alth plants at the 3.03 MA A Water newly planted trees adequately to maintain and support he Y time of planting. guarantees that trees planted for this Work shall remain alive an( B The Contractor ear warranty period. healthy at least fourl the of noticeofrom Owner, Contractor shall replace at his 1. Within weekstrees that in the opinion of Owner, have expense, any dead trees or any health or unsightly or have lost their natural tralr shwape as coed a result o additional ditionall growth, improper buy pruning or maintenance, ion 01563-3c 02/2013 02/2013 CITY OF PEARLAND TREE AND PLANT PROTECTION 2. When tree must be replaced the guarantee date of replacement of tree, subject to the Owner perioinsfort hat shall begin on than one year,p on, for no less 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 01563-4of4 CITY OF PEARLAND Section 01564 CONTROL OF GROUND WATER AND SURFACE WATER 1.0 GENERAL 1.01 SECTION INCLUDES depressurizing, draining, and maintaining trench and structure excavations A Dew atering, P' and foundation beds in dry and stable condition. B Protecting work against surface runoff and rising flood waters. C Disposing of removed water. D References to Technical 1. Section 1 00 Measurement & Payment Procedures 2. Section 01350 — TrenchtSafety Systems als 3. Section 01570 TPDES Requirements 4. Section 01565 — 5. Section 01566 — Source Controls for Erosion & Sedimentation E Referenced Standards:o (TCEQ) Occupational Safety and Health Administration (OSHA) 2. Texas Commission on EnvironmentalWWD/PI) Code of Ordinances, City of Pearland, Texas 4. 3. Installers Advisory Council Water Well Drillers and Pump F Definitions:Systems - installations external to the excavation 1. Ground Water Control ,,,ells. Ground water control includes such as well points, essurozationrs or aeep seepage which dewatering andg lowering the water table and intercepting a.De would otherwise - f dewatering is to increase otherwise emerge from slopes or bottomsoof excavations and disposing of removed water. The intent of l from stability of excavated slopes; prevent dislocation loads on sheeting and excavating and hauling characteristics of excavated slopes or bottoms of excavations; reduce titer bracing; improve ex of the bottom of excavations; anc material; prevent failure or heaving to provi de suitable conditions for placement onbackfill materials anc construction of structures and other met acti assure withinfstrataailurei� s. p b. Depressurization -reduction in P as required to prevent controlled by dewatering alone, heaving of excavation bottom. 2. Surface Water Controlh diversion e cavationa drainage of surface water runoff amnd seepage rain water away from t Excavation Drainage - keeping excavations free of surface a 3. 01564 - 1 water. CONTROL URA UND WATER ANDD S ACE WATER 02/2008 02/2008 CITY OF PEAR ND 1.02 MEASUREMENT AND PAYMENT A Measurement for and control of ground water for open a linear foot basis and shall not exceed the length of open cut pipe pipe install tionshalbeonarea requiring ground water control. P cut installation in the B Unless indicated as a Bid Item, no separate will be made for contiol of ground water for any condition(s) other than those described in this payment separate payment will be made for control of surface water. Include the s to c non -pipe excavation ground water and surface water inprice forNo controls. Include the costtocontrol Work requiring such C Refer to Section 01200 _ Measurement &Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this s Section under the provisions of Section 01350 — B Submit a Ground Water and Surface Water Conti prior to start of any field work. The Control Plan byr review by the Engineer registered in the State of Texas. Theplan plan shall be signed 1 • Results of subsurface investigation and description of the extent and ProfessTonal Engineer characteristics of water bearing layers subject to ground 2. watNames of e ui 3 q pment suppliers and installation s bco trra tors, control. A description of proposed ground water control systems indicating arrangement, location, depth and capacities of system components, Installation details and criteria, and operation 4. A description of proposed p on and maintenance procedures. p p monitoring and control system indicating depths and locations of piezometers and monitoring g wells, monitoring installation data and characteristics. details and criteria, type of equipment and instrumentation with pertinent 5. A description of proposed filters including types, p es manufacturer's application recommendations.'sizes, capacities and 6. Design calculations demonstrating intended applications. Define potential area of influence adequacy of proposed systems for control opei ation near contaminated areas. 7. p of ground water Operating requirements, including g piezometric control elevations for 8 dewatering and depressurization. Excavation drainage methods including s. application and other necessary typical drainage layers, sump 9 Surface water control and drainage installations, pump 10. Proposed methods and locations for disposin of C Submit the following records upon completed in' • g removed water.1 • initial Installation and developmental installation: wells. reports for Iwell points, eductors, and deep CONTROL OF GROUND WATER AND SURFACE WATER 01564-2of8 CONTROL URA UND WATER ANDD S ACE WATER CITY OF PEARLAND 2. Installation reports and baseline readings for piezometers and monitoring wells. wells. 3. Baseline analytical test data of water from monitoring 4 Initial flow rates. records on a weekly basis during operations: D Submit the follow flow iezometric elevations obtained during 1. Records s oof rates and p monitoring of dewatering and depressurization. Refer to this Section, 3.02 "Requirements for Eductor, Well Points, or Deep Wells". iezometers, 2. Maintenance records for ground water control installations, p and monitoring wells. (abandonment) records at end of the Work. Decommissioning her during the design phase E Submit foroe following ri g wells and piezometers installedy reports monitoring and use. and left for Contractor's monitoring REQUIREMENTS 1.04 PERF Conduct subsurface investigations 1 operation of groundwater controlsystems. installation, and A B ORMANCE provide toidentify groundwater conditions and o parameters for design, requirements of OSHA Design a ground water control system, compatible with the Systems of OSHA - 29 CFR Part 1926, and Section 01570 - Trench Safety Standards to produce the following these Specifications, excavations. Technical Sp hydrostatic pressure affecting 1. Effectively reduce the by 2. and stable subgrade for subsequent construction Develop a substantially dry operations. properties, buildings, structures, utilities, Preclude damage to adjacent prop 3 , of the installed the loss off elities, and s, seepage, boils, quick condition, or softening 4 Prevent to foundation strata. Maintain stability of sides and bottom of excavations. 5' e or multiple -stage well point C Ground water control systems may include single -stag ector-type systems, deep wells, or combinations of these systems, eductor and e� equipment types. other e of seepage water and surface water, as well as water placement any of of D provide drainage e may source entering the excavationExcavation stone andaf filter fabric, together with sumi drainage materials, such as crushed pumping to divert and drain swfac E Provide ditches, berms, pumps and other methods necessary water from excavation and other woik areas. s so as not to interfere with utilitif sound water F Locate g control and drainage system construction operations, adjacent properties, or adjacent water wells. 01564 3 02/2008 1.05 ENVIRONMENTAL REQUIREMENTS A Comply with requirements of agencies having jurisdiction. system. B Comply with TCEQ Q regulations and WWD/PI Advisor drilling, and abandonment of wells used in dewatering Y Council for developriient, CITY OF PEAR ND CONTROL OF GROUND WATER AND SURFACE G Assume sole responsibilityfor WATER damage resultingfrom ground water control systems and for any loss or settlement or taut damagelcor co w l failure of settle water resultant contiosystems or caused the if protective measuresionand any Yground water control operations. Modify new construction, existing site improvements adjacent property, they cause or threaten to cause damage to wells, or affect potentially contaminated areas. control systems or resulting from failure of the s p p us or adjacent water Repair damage caused by ground water system to protect property as required. Provide an adequate number of piezometers installed at the proper locations and depths as required to provide meaningful observations of the conditions excavation, adjacent structures, and water wells. drtions affecting the Provide environmental monitoring required to provide adequate observations of hydrostats wells installed at the proper locations and depths as contaminant transport from contamination sources into the w ground water control system, c conditions and possible work area or into the Decommission piezometers and monitoring wells installed and left for Contractors monitoring and use. during design phase studies E M required Monitor ground water discharge for contamination while performing pumping in the F Implement control of ground and surface water under — Source Controls for Erosion & Sedimentation. the provisions of Section 01566 2.0 PRODUCTS 2.01 EQUIPMENT AND MATERIALS A Equipment and materials are desired results for dewatering. approvals. C Obtain permit from TCEQ under the Texas Pollutant Discharge Elimination System (TPDES), for storm water discharge from construction sites. TPDES, 3.02 "Certification Requirements", Refer to Section 01565m D Obtain all necessary permits from agencies with control over the use of groundwater and matters affecting well installation drains , water and natural water sources. Because the reviedischarge, and lengthy,g ,and use of existingesstorm take early action to pursue and submit for the r peed permitting process may be onit Ppr'ova s. at the option of Contractor as necessary to achieve 02/2008 Selected equipment and materials are subject to review 01564-4of8 CONTROL URA UND WATER ANDI) S ACE WATER CITY OF PEARLAND h Submittals required in Section 01350 — Submittals, 1.06 of the Engineer throng "Operations and Maintenance Data" • d must be furnished, installed and Eductors, well points, or deep wells, where engaged in ground water control useB an experienced contractor regularly operated by eration. system design, installation, and op water control C Equipment and instrumentation for monitoring and control of the ground system includes pi ezometers and monitoring wells, and devices, such as flow meters, flow rates. for observing and recording D All equipment must be in good repair and operating order. Sufficient standby equipment and materials shall be kept available to ensure E continuous operation, where required. 3.0 EXECUTION 3.01 GROUND WATER CONTROL A Perform a subsurface in vestigation by borings as necessary to identify entify water tion r obearing ground layers, piezometrtc pressures, and um pte ts, f neces arys for gn and to determine thee dea no he water control systems. Perform pump layers. The results shall be presented characteristics of the water -bearing lay Ground Water and Surface Water Control Plan. Refer to this Section, 1.03B. equipment, techniques and methodstonmethods and site o lowei, control and B Provide labor, material,q with constt handle ground water in a manner compatible conditions. Monito r effectiveness of the installed system and its effect on adjacent property. c ith C Install, operate, and the maintain ground water control systems madein to ac ordanceacommowe field Plan. Notify Engineer in writing of anychangessand calculations with conditions and changes to the Work. Provide revised drawing such notification. nights, weekends, and holidays. appropriate system operation including g primary energy source for D Provide forcontinuous is p y Arrange for appropriate backup if electrical power dewatering system E Monitor operations to verify that the system lowers ground water piezometiic levels a maintain a dry excavation resulting in a stable sub giade fo a rate required to mar erations. prosecution of subsequent op layers exist below excavation F eliminate risk of uplift or othei instability of the Plan.on Where hydrostatic pressures itnonfined water bearing y depressurize those zones to elt installed works. Allowable piezometric elevations shall be defined in 01564 - 5 c 02/2008 CITY OF PEARLAND CONTROL OF GROUND WATER G AND SURFACE WATER Maintain water level below subgrade elevation. Do not allow levels to rise until foundation concrete has achieved design strength. I 3.02 K QUIREMENTS FOR EDUCTOR, WELL POINTS, OR DEEP WELL H During backfilling, dewaterin g may be reduced to maintain water level a minimum of 5 feet below prevailing level of backfill. However, do not allow result in uplift pressures in excess of 80 percent of downward pressure roduced by weight of structure or backfill in place. Do that water level to stabilized sand until at least 48 hour after plancement t allow water levels to risepnto cement Provide a uniform diameter for each pipe drain run constructed Remove pipe drain when it has served its purpose. provide grout connections at 50-foot intervals a � removal of pipes impractical, or cement -sand grout when pipe is removed from f seplp ee with cement-bentonite grout 02/2008 J Extent of construction ground water control for struct • underground drainage system may be reduced, such as for units structures with a permanent per%rated hydrostatic uplift pressure. Provide a means of draining hydrostatic system, including standby equipment. designed to wthstand operations and remove it wheng no longer re the naffected portion of q pment. Maintain drainage system during K g required. Remove system upon completion of construction or when de surface or ground water is no longer required. watering and control of L Compact backfill as required by the Contract Docume nts. A B ent piezometers or monitoring wells to excavations in water bearing materials are predrained prior to excthat ll trench or shaftde separate piezometers for excavation. Provide depressurization. monitoring of dewaterin gInstall piezometers and monitoring wells anfordfor unneling as artprop of for Contractor's selected method of work. appropriate C Install piezometers or monitoring wells not less than the associated excavation. one week in advance of beginning D Dewaterin g may be omitted for portions of underdrains or other excavations where auger borings and piezometers or monitoring wells show by an existing system such that the criteria of the Ground� but only by ol Plan are satisfied. Water that soil is ace Water and Surface Water For aboveground piping in ground water control system, includeS nch minimum length of clear, t ip parent piping P p g between every eductor wellorwell point and discharge header so that discharge from each installation can be visually Install sufficient monitored. 01564-6of8 CONTROL URA UND WATER ANDD S ACE WATER CITY OF PEARLAND produce noticeable amounts of sediments after development. F, Replace installations that p the methods in the Provide additional ground water control installations or change F event according to the Giound Water and Suface Water erdeControl that the installations based on the performance ned by Plan do not provide satisfactory la ievised Plan according to this Section, 1.03A. the Plan and by this Section. SubmitCode of aterin equipment shall comply with Chapter 19 NOISE, G Mechanical dew g Texas. Ordinances, City of Pearland, EXCAVATION DRAINAGE A B 3.03 excavation drainage methods if necessary to achieve othe followingra stable Contractor trenchrey may ndse bons. may cons The excavation drainage stable conditions. methods or combinations combination with: 1. Sump pumping a. Layer of crushed stone and filter fabric. b. Sand and gravel diains. Wells for ground water control. 2• 321 1 and a drainage layer, as e m Use sump pumping e bedding or thickened bedding layer of Class I material. foundation beneath pip 3.04 MAINTENANCE AND OBSERVATION sells while piezometersd observation of or monitoring in an area. A Conduct daily maintenanceeont installations of excavation drainage are operating the ground water control m condition. Keep system in good operating ,,,ells with new B Replacersor damaged and destroyed piezometers or monitoring ' zometers or wells as necessary to meet observation schedule. is exposed, pie ere C Cut off piezometers or monitoring wells in excavation areas whn is xpos to onlyas necessary to perform observation as excavation proceeds. specified. maintain and make observations, as sp outside the excavation area when ground lout piezometers inside or outside and grout monitoring wells when waterRemove and grout are complete. control op directed by the Engineer. 3.05 MONITORING AND RECORDING oration for each deep well, or for ear Monitor and record average flow rate of op A system Also monitor and record wa E wellpoint or eductor header used in dewatering y water recovery. These records shall be obtained daily until steac level and ground conditions are achieved, and twice weekly thereafter. D defined ed in ASTM D 2 p aced on the 01564 7 02/2008 02/2008 CITY OF PEAR ND CONTROL OF GROUND WATER AND SURFACE B Observe and record elevation of water level dailyWATER system is in operation, and weekly as long as pound water control pwells are removed, except thereafter until the frequent piezometers ern orrwe and recording are required.Work is completedatmore or p when Engineer determines that increased monitoring and recording and take measures as dewateringasedfor monitoring intended purpose. Comply with Engineer's direction for necessary to ensure effective 3.06 SURFACE WATER CONTROL A Intercept surface water and divert it away from excavations ditches curb walls, pipes sumps or other approved temporary works required s protectod er msTthrough use of dikes, means. The requirement includes by construction operations. adjoining properties from surface drainage caused B Divert surface water and seepage water into sumps s or storm drains, when a and pump it into drainage channels basins when required by such agenciesgencies having jurisdiction. Provide settling C Provide additional surface water control measures or that the measures according to the Ground Water and Surface not theprovide satisfactory results based change the methods inthe event and this satisfn. Sy a revised Plan according Water Control the Plan d on the performance criteria defined by to this Section, 1.03B END OF SECTION 01564 8 of 8 CITY OF PEARLAND 1.0 GENERAL Section 01565 TPDES REQUIREMENTS TPDES REQUIREMENTS A DEFINITIONS unction with TPDES General Permit No. TXR150000, As used herein and in conjunction the term OPERATOR refers to the CONTRA CTOR. 1.01 SECTION INCLUDES 1e ared signed and submitted by required documentation to be prepared P the A Description of the beforeconstruction operations, in accordance withSystem Discharge Elimination theeContractor conducting 2003, re -issued March 5, terms and conditions t the Texas as issued March 5, 2 provisions of (TPDES) General Permit TXR1500 Qualitynvironmental under the pr 2013, by the Texas Commission °C and Section 26.040 of the Texas Water Code. Section 402 of the Clean Water and inspection of implementation, maintenance, but not limited to, B Contractor' sr responsibility for imp plans, waste collection water pollution prevention control measures dig� a storm storm erosion and sediment controls, and other practices shown on the Plans or Specifications. This the Plantior n spa disposal, ohereein this vehicle orr other Technical Sp information for the p ocifies guide Management Practices (BMP's) guidelines and Best state and federal environmental provides g to all local, environmental Contractor withto use inado starng pollution prevention during construction regulations respect to storm water 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 QualityTCEQ) S 1. Storm Water Pollution Prevention Plan (SWPPP) found in Appendix A of E Other References: these Technical Specifications. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment performed under this Section. Include cost in Bid Items component. will be made for Wor for which this Work is 01565-1( 04-2013 D the Owner before beginning construction. The Contractor's Information form and all certific ' anon forms shall be submitted to E Contractor shall review implementation of the S Wp Pp in and Engineer prior to start of construction in accordance nce with Coordination & Meetings. meeting with the Owner with Section 01310 — 3.03 TENTION OF RECORDS The Contractor shall keep Contractor's office from the datephat ity of the beca became at the theedt Site h or at the accepted by the Owner. to date the Work is B At Contract Closeout, the Contractor shall submit and Contract os, as well as a copy to the Owner nll with forms 04-2013 of the SWPPP, in accordance with Section 01565 - 2 of 4 A CITY OF PEARLAND 1.03 SUBMITTALS A Submittals. Make Submittals required by this Section under the provisions of Section 01350 — 2.0 PRODUCTS - Not Used 3.0 EXECUTION 3.01 K SQUIRED NOTICES The Contractor shall complete, sign, and date the Cont Intent (NOI) attached in Appendix A. ractor's Notice of The Contractor's NOI shall be submitted to the TCEQ. It is the Contractor's responsibility to pay foi any permit. Submission of the NOI is required by the Contractor before cteonstrudo the operations begin. n B Upon completion of construction and acceptance of Contractor shall complete, sign, date and submit thehWork by' Termination the Owner, thef (NOT) attached in Appendix A. Contractors Notice of 3.02 CERTIFICATION REQUIREMENTS A On the Operator's Information form attached in A complete name, address, and telephone number foi the Contr of persons or firms responsible for Appendix A, the Contractor shall sediment control measures and all Subcontractors. and inspection toof the o osione s and B The Contractor and Subcontractors named in the shall read, sign, and date the Contractor's/Subs ntlatctctor's Information form attached in Appendix A. Contractor's/Subcontractor's Certification form, C The persons or firms responsible for maintenance sediment control measures shall read, sign, and date the Contractor's Inspection and Maintenance Certification form, attachedand inspection of erosion and in Appendix A. A TPDES REQUIREMENTS TPDES REQUIREMENTS CITY OF PEARLAND 01770OwnerClfor a period of 3 years from the date the Work is accepted 3.04 POSTING OF NOTICES oes into notices shall be posted fiom the date that this SWPPP g A The following acceptedthe Owner: the Contractor and a brief effect until the ofdfte the otcof Intent ubmitted by t at the Project Site, as 1. Copies tithe Notices SWPPP, shall be posted at the Project Site or at Description of ConstructswActivity bemg conducted given in Article 1 of theplacepublic viewing check, Contractor's office in a prominent for them to stop, 2. Notice to drivers of equipment and vehicles instructingto traffic lanes. Post and clean tires of debris biana d mud o struc on xit area f waste disposal such notices i every st a notice o 3 111 an easily visible location on Project Site, postprocedures shall be procedures. and emergency p 4. Notice of hazardous material handling posted with the NOT copies of Material Safety Data Sheets at a location oonPPi Project Site. Keep Sitethat is known to all personnel. or at Contractor's lo 5 Keep a copy of each signed certification at the Project office. APPENDIX A FOLLOWS THIS SECTION END OF SECTION 01565-3 04-2013 CITY OF PEARLAND 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 FO2m - 20023 Site Notice Forms 04-2013 TPDES REQUIREMENTS 01565 - 4 of 4 on Environmental Quality Texas Commission P.O. Box 13087, Austin, Texas 787li_ 3o87 NERAL PERMIT TO DISCHARGE UNDE GE ANT DISCHARGE EI TEXAS POLLUT under provisions of Section 4O2 of the Clean Water Act and Chapter 26 of the Texas Water Code This permit supersedes and replaces TPDES General Permit No. TX-1050o0o issued March 5, 2oo8 t discharge stormwater associated with construction activity Construction sites that located in the state of Texas may discharge to surface water in the state general requirements and other conditions set forth in thisCEQ or only per at, as well as theruleing orders of the tal Quassio(C theorto e e rules of the Texas Commissi°ther Environmental Quality right permit, as the ermittee the the laws of the permit p Texas, m t does not grant to the p; Commission)p TCEQ. p issuance ro f this generalbelonging no to but not limited to property for conveyance of storm Sa eandcertam non-stormw le permit private or public th discharges along the discharge route. This includes property Neither does this genera partnership, corporation or other entity, any individual e anyyl p ersonal rights not any violation of federal, state or local maY be or authorize invasion of personal •. • of the permitter to acquire propertyrights regulations. It is theresponslroute. lit, five necessary to use the dischargeexpire at Midnight, general permit and the authorization contained herein shall exp ' Thisfrompermit effective date. years the EFFECTIVE DATE: March 5, 2013 ISSUED DATE: c FSB g 2013 For . "_c. emission Construction General Permit TPDES General Permit TXR150000 TPDES GENERAL, PERMIT NUMBER STOIZMWATER DISCHARGES TXR150000 RELATING TO ASSOCIATED WITH CONSTRUCTION ACTIVITIES Table of Contents Part I. Flow Chart and Defin itions .... Section A. Flow.............................. Chart to D ••."""' Determine Whether Section B. ""5 Coverage is Required ............................... Definitions.. Part II. Permit ..................................... 5 Applicability 12 ............ Sects and Coverage Section A. Discharges ....................... ges Eligible for Authorization ....................... Associated with Construction 12 2. uction Activity .................................................. ,,,, """' Discharges of Stormwater ormwat """' er Associate Activities • 12 3. Non-Stormwater Discharges d with Construction Support Activities .......... 12 4. Other Per...................................................... Permitted Discharges 12 SectionB. ................................................................................ Concrete Truck Wash Out .................................... .....13 Section C. Limitations ••••••••••••.... 13 on Permit Coverage ....................... 1. Post Construction Discharges.��"""""'••••• 13 .......................... 2. Prohibitio n Non -St ormwater Discharges ............................................................. ......... Compliance With .................. ......................13 Water Quality""""' 4. Impaired Standards .. Receiving .................. ving Waters,(.MDL)... Requirements, and Total Maximum DailyLoad(TMDL) 13 .............. 5• Discharges .. char .................... ges to the Edwards A •.•••• •" """ ' • ......... Aquifer Recharge or Contributing 6. Discharges to Specific g Zone ....................... p Watersheds and Water 14 7. Protection of Streams andQuality Areas .................................. WatershedsEntities .................... 14 8. Indian Counts byOther Governmental Entitie YLands.......... s................14 ......................... 9. Oil and •••••••••••••. Gas Products 14 .......... 10. Stor Discharges from Agricultural gricultural Activities ............. it Endangered Species A 15ct 12. Other... ............ .. ........................... ............ 15 Section D. """""•••••••• Deadlines••"""" for Obtaining Authorization to Discharge .................................... 15 1. Large Construction Activities ... ........................ 15 2. Small Construction """"""••••••••••••••....... n Activities """"' 15 Section E. ............. Obtaining Authorization """"' 15 1• Automaticn to Discharge•,•• Authors .............................. Authorization for Small Construction Activities With Erosio ......................16 .............. Low 2. Auto Potential for Automatic •••"""""""••••••• Authorization For MI Other t v Small Con •. ••••'•'• •"••' 16 3. Authorization Construction Activities:.. n for Large Construction 17 n Activities :................. • Page 2 TPDES General Permit TXR150000 Construction General Permit Waivers for Small Construction Activities: .....•••••••••••••'•"" lg 4. Date of Coverage ................................ 18 5. Effective ................ ....................... ........... C Change (NOC) ••••••••••••••• (NOT) Forms, NO 6 Notice of g s Notice of Termination 9 Requirement for NOI Forms, ............••••••• 1 Letters, and q ..... 7. Site Notices ......................................... Letters, Construction ,,,,,,•...............19 8. Contents of the NOI .................................................................. Section F. Terminating Coverage ................................... NOT) Required...................................................... 1. Notice of Termination ( .....................20 of the NOT• •"" Operators ............. 2. Minimum ContentsSites and for Secondary e for Small Construction 20 3. Termination of Coverage .................••••••••• at Large Construction Sites .............. 21 4 Transfer of Operational Control ...................................................... 21 Coverage............................................ Section G. Waivers from ..............•••••••2 Applicability and Coverage ........................................... 22 2 1. Waiver ApP................................... 2. Steps to Obtaining a W 22 Waiver •"" .................................... ofW ' 2 Effective Date.................... 3 Beyond the Waiver Period ................................... 3 4, Activities Extending Y•,,,,• ..............................2 2 Permit Coverage.............................................................. ........... •""""" Section H. Alternative TPDES 1. Individual Permit Alternative ..............•.... .................. 23 it Required....................................................... 3 23 2. Individual Perm Alternative Discharge Authorization •.••••••••••••• •••..••. 23 3. Section I. Permit Expiration .................... s(SWP3) ...................................................... 24 Prevention Plan 24 PartIIl. Stormwater Pollution �•���•�••���••••� 25 Shared SWP3 Development ............................. ................ SectionA. ................... ...................... Responsibilities of Operators ............... ........... with Control Over Construction Plans Section B. p Operators wi Operators and Primary p ...•••••••••••••• 25 1. Secondary P..................................... and Specifications ............... .............. Operators with Day -to -Day Operational Control ......••••••••••••••' Primacy P Compliance......... 25 2. 25 Preparation, Implementation, and Section C. Deadlines for SWP3 Prep Section D. Plan Review and Making Plans Available ......................................................2 Section E. Revisions and Updates to SWP3s .......................................................... ••'•""""•""........... Section F. Contents of SWP3 ................. ............... ................... "" ents Applicable to All Sites ........... 34 and Sediment Control Requirem Section G. Erosion plants...................................................... """""'.......................35 Concrete Batch •••"•""""" Part IV. Stormwater Runoff from 35 ents ""' ................. Requirements ............... Section A. Benchmark Sampling q Section B. Best Management P Requirements ....................37 ent Practices (BMPs) and SWP3 39 Section C. Prohibition of Wastewater Discharges..................................................••••••••• Page 3 Construction General Permit TPDES General Permit TXRi50000 Part V Concrete Truck Wash Out Requirements ........... Part VI, Retention� of Records 40 rds......, Part VII Standard..•••••••"""""""•• Permit Conditions 40 Part VIII. Fees ............................................. .. .............................................................. ........... ...............................: ..... Appendix A: Auto 40 Automatic Authorization ........................................ ation 41 Appendix Be Erosivity ............................ t3' Index (EI) Zones43 Appendix C: Is in Texas................................................................... oerodent Map . ............................... Appendix C: 45 Erosivity Indices ........................................ for EI 47 Zones in Texas,,,,,,,,,,,,,,,, TPDES General Permit TXR150000 Construction General Permit Part I. Flow Chart and Definitions is Required Section A. Flow Chart to Determine Whether Coverage }low much la cl 1 acre ("1) Perm___ _it Co 'era° ---mot Rent_ siy sad, Unless Part of it 1. so ger ( outman I'litn of Development or Sale 1 or more acres el) Permit Coverat"e Re u► hd Prepare and implement SWP3 Post Site Notice Submit Copy of Site Notice to MS4 Operator YES NO NO Will 5 or more acres be disturbed? 0'1) YES YES Permit Coyera8e Rein_ titi►e� Prepare and Implement SWP3 •Subnt______it NOI to "i CEQ • Post Site Notice Submit Copy of NOI to MS4 Operator and Flo tine»i of t h ien it project is part disturbed, a huger .the size of•the construction pt•oject, use the size of the entire area a development �u�,or sale"). in determine r contnton plan of development for an explanation o,/ ' cantnton plan include the size t�/'the IarguDe tuitions," r'secondat t' operator ' to Part !„ t c er to Part l p "Definitions," "primal", operator," and project ("� Refer to the dufirunatts�ar `operator, Section B. of this permit. Construction General Permit Section B. Definitions Arid Areas - Areas with an average annual rainfall of o to io inches. Best Management Practices (BMPs) maintenance procedures, structural controls, local ordinances, and practices to prevent or reduce the discharge -Schedules of activities, prohibitions of practices, practremeo of pollutants. BMPs also other include treatment operatingrequiprocedures, and practices to control construction site runoff, spills or leaks, waste disposal, or drainage from raw material stora ear Commencement of Construction - g eas. clearing, grading, or excavation activities, as well asal dotherbconstrof ucoos related activities with (e.g., stockpiling of fill material, demolition). Common Plan of Development action -related activities Common separate p Pment - A construction activity P phases or in combination with other construction activities. A common plan of developmentthat is completed in separate (also known as a ' common plan of development by the documentation for the construction project that identifies may include plats, on f blueprints, marketingconstruction eor sale") is identifiedroje, hearing, ng blueprin or othr similar pdlans contracts, ,b its the scope of the project, and plans contracts, building permits, a n of development does not necessarily include all construction ro • public notice orof a public anti and ectivitithi common plan h' (e.g., a city or university). o projects within the differetion nt parts of the jurisdiction would be considered separate "commonplans," tY). Construction of roads or buildings in different andinterconnected parts of a project being considered part of a "common and its associated parking lot and driveways, airport runway and associated with only the its complex etc.). plan' taxi a balding Where discrete construction projects occur within a larger plan of development or sale but are located 1/4 taxiways, a projects is not being disturbed, each individual project can be treatedg common mile or more apart, and the area between the isdevelopment or sale, provided that any interconnecting road,pipeline d part of the same "common as a separate plan of plan' is not included in the area to be d sturbed utility project that Construction Activity - Includes soil disturbance activities inc and excavating; and does not include routine maintenance that is original line and grade, hydraulic capacity, � lading clearing, grading, grading of existing dirt roads, asphalt overlays of existing roads,of th performed to maintain the originalpurpose the out (e clearing o fine existing right -of --ways, and similar maintenance activities). defined in terms of small and large construction activity. e routine of Regulated construction activity is Dewatei inr n hisThe act of draining rainwater or groundwater from and trenches. building foundations, Discharge _ g For the purposes of this permit, the drainage, release, or disposal in stormwater and certain non-stormwater from areas where soil clearing, grading, excavation, stockpiling fill material and de p °f pollutants materials or equipment astorage s or maintenance offce e demolition), construction act(e g., wash out, uelin molies, w are nretruck g), or other industrial stormwater directly related to the construction truck (e.g., concrete or asphalt batch plants) are located. Drought -Stricken action process Area - For the purposes of this permit, an area in which the National Oceanic and Atmospheric Administration's U.S. period during which the construction will occur that any of the following Seasonal Drought Outlook indicates for the likely: (i) `Drought to persist or intensify `Drought likely to improve, impacts nease � (2) Di ought ongoing conditions are hit ww�� .c )c flee .float.ov noducts eol)ei t assessment s 'some improvement", (3) (4) "Drought development likely ' Edwards A Y . See Aquifer - As defined under Texas Administrative Code Dual §2 3 o f this (relating to the Edwards Aquifer), that portion of an arcuate belt predominantly carbonate rocks known as the Edwards and Associated(TAC) 213 3 of this title Balcones Fault Zone trending from west to east to northeast in of porous, water -bearing Bazar, Ces F al Hays, Travis, and Limestones Medina, in the Williamson Counties; and composed of the Salmon Peak Page 6 TPDES General Permit TXRi50000 TPDES General Permit TXRi50000 Construction General Permit person Devil's River Limestone, L Blown Formation. The Formation, McKnight Formation, We d Form ion, and Gee Glen Rose Formation to the permeable Kaifer uni s g,Edwards the less•perm ble Gien Rose Formation north of the permeable aquifer units generally re Tonally. south, overlie the less -permeable ComanchePeak Del Rio Clay g hic units Colorado River, and underlie the less -permeable s of other geologic Aquifer Recharge Zone - Generally, that area where the stratigrap fo Edwards g the Aquifer crop out, including the outcrop Edwards faults, fractures, or formationsto the Edwards Aquifer, where caves, sinkholes, proximity potential for recharge of surface waters into the other permeableens inp'(TCEQ)tothand other features would create a onmenat Quality zone is identified as that area designated as such on official Edwards Aquifer The rechargeViewer, located at maps located to the offices 0 oCe. The Edwards AquiferoMapw the appropriate regional office. W: www.tcec :texas • _ov com pliance field o ma pdisclarmer .html, can be used to determine where the recharge zone is located. Edwards Aquifer The Contributing Zone - The area o of the watershed where runoff from t of the Edwards Aquifer C e zone precipitation flows downgradient to the recharge generally north and northwest upstream (upgradient) and g except the area zone is located County, contributing counties: all areas within Kinney within the zwanetershed e s the following o of the Rio Grande and d Basin; all areas aeswithin wv ld watershed draining to al Segment estNoall 4 miles to the Colorado River above a point 1.3 Uvalde, Medina, Bexar, and Comal Counties; areas within Hays upstrexcepetheam area within the watersheds draining oll fluarees within Williamson County, Miller Dam, Lake Austin at the confluence of Barrow Brook eve at upstream from Tom to the Lampasas River above the dam Segment t the No.area within of the Colorado River Basin; and except Hollow rwatersheds draining oir Segment No. 1216 of the Brazos River Basin. The contributing Stillhouse Hollow reservoir, infer map viewer at zone is illustrated on the Edwards an e of Federal Regulations l. Ace texas. _ov com Nance field o s ea > > rna disci E l nt Defined in 40 o b of theRegulations Clean published by the Administrator under § 3 4( ) Effluent Limitations Guideline n (ELG) — Water §c22.2asarag Water Act (CWA) to adopt or revise effluent limitations. For the purpose of this permit, a construction site contiguous construction and Facactivityor Activity — egp general permit, including urtaiguo used landt a support (foem that ispondsdaand under this g iles structures or apt and materials stockpiles), general permit. fixtures (for example, of the following conditions are construction site or industrial site describedostatus where any Final Stabilization - A construction , evenly met feted and a uniform (thatf at least A. All soil disturbing activities at the site have been comp thout large bare areas) perennial vegetative cover with a density 70% of distributed, at and vegetative peas equivalent permanent etatrve cover for the areabeenhas'established on all unpavedn the areasaibackground permanent structures, ore equivalent have been ionand measures areas not asth covered use p abions, or g stabilization measures (such as the of riprap, g employed. either: B. For individual lots in a residential construction site by ein condition (a) above; or feting final stabilization as specifiedprior to (i) the homebuilder comp temporary stabilization for an individual and aftlerot prior to the (2) the homeb transferrder of the owg of the home to the buy the time of the ownership fulfill this requirement by owner of the need for, and benefits of uilde may fulfill If tempos the need for rary home the homeowner retaining on isnot r r, then the retaining perimeter controls or BMPs, and informing orary controls and the establishment of final stabilization. removal of tem p Page 7 Construction General Permit TPDES General Permit TXRiS0000 Fullfillment of this requirement must be documented in the homebuilder's stormwater pollution prevention plan (SWP3). C. For construction activities on land used for agricultural across crop or range land), final stabilization disturbed landr its lancons ucston agricultural use, purposes d r tai may be accomplished bypipelines previously for agricultural activities, such as buffer strips immediately returning the previously sly useds and areas agricultural that are not being returnedchas toAreas disturbed that were not use must meet the final stabilization conditions of condition (a)mediately adjacent to stheir preconstruction agricultural D. In arid, semi -arid, and drought -stricken areas only,above. have been completed and both of the following criteria have all soil disturbing activities at the site (1) Tempora been met: ry erosion control measures (for example, degradable rolled erosion product) are selected, designed, and installed along provide erosion control for at least three years withoutactivemar control pporator, and h an appropriate seed baseeto (2) The temporary maintenance by the achieve p r' erosion control measures are selected, designed 7o% of the native background vegetative coverage within three s. Hyperchlorination of ,and installed to chlorine for disinfection purposes`terlines — Treatment of potable water lines or tankswithwaterline or tank, and subsequently flushing the contents. typically following repair or partial replacement of the Impaired Water - A surface water body that is identified on the Impaired List as not meeting applicable state water quality standards. latest red waters s approved or established total maximum daily loads (TMDLs where a TMDL has been proposed by TCEQ but has not yet been Indian Count), and those Country Land — (from 4o CFR §122.2) approved or established. reservation under the jurisdiction of the United States government issuance of any (1) all land within the limits of patent, and, including rights -of -way runningthroughany Indian dependent Indian communities with the borders of the United 'notwithstanding the originally or subsequently acquired territory thereof and whether the i eservation • (2) omits of a statesubsequently andStates within or without the all (3) all Indian allotments the Indian titles to which have not extinguished, including rights -of -way running through the within or Indian Tribe - same. been Indian by(from 4o CFR §122.2) r Federal Indian Reservation.e of the Interior andexercising ny Indian ' band, group governmental authority Large Construction over a excavating that result in land disturbance of equal to . Activity - Construction activities including clearing, Large construction activity also includes the disturbance of less g' grading, and or greater than five land area that is part of a larger common plan of development (5) acres of land. 1planand will that is ely disturb eor s than five the larger acres of total activity does not include routine maintenance greatthat is than verfor nt acres sale a if.Largec common and grade, hydraulic (5) of land. Latin he construction capacity, or original purpose of the site (for exampleed to , the routine al line grading of existing dirt roads, asphalt overlays of existing roads, existing right-of-ways, and similar maintenance activities.) the routine clearing of Linear Project — Includes the construction of roads, bridges, pipelines, sewer lines, towers, poles, cables, wires, connectors transforming equipment conduits, substructures, q pment and associated ancillaryfacilities in a long narrow and Minimize - To reduce or eliminate to the extent achievable us' are technologically - y available andtotchestormwater narrow area. Minimize industry practices.economically practicable and achievable in light of best Page 8 TPDES General Permit TXR1500o0 Construction General Permit System (MS4) - A separate storm sewer system M ar ate Storm Sewer town, county, district, association, system or owned or operated Separate United States, a state, city, jurisdiction over cia disposal owned u (createdby or pursuant to state law) having J s special districts under oother public body awastes, bp or an statetlawt flood control or drainage district or similar entity, sewage industrial iiormwater or other wastes, including to surface water in such as a sewer lost Indian tribe or an authorized Indian tribal organization, thatdischarges the state. f Change (NOC) — Written notification to thees executivetinfo deacon tor from was a Notice o permit, providing chang discharger authorized under this P in a notice of intent form. Notice of In licant previously provided to the agency tent (NOI) - A written submission to the executive director from an app requesting coverage under this general permit. Termination (NOT) - A written submission t the exto n ecutive odirec o Operator -Thep r from a of discharger Noticearger erTermin authorized under a general permit requesting that person or persons associated with a large or small construction activity p is either a primary or secondary O — operator as defined below: e or small Operator the person or persons associated with a larg Primary P that meets either of the following two criteria: plans and (a) the peesn naor persons operational control over construction and (a) person or persons have on -site specifications including the ability to make modifications to those plans P specifications; or to -day p n or persons have day- operational control of those activities ata (b) the person P to ensure compliance with a Storm Water for the site or other permit conditions (for Poll construction siteethat are necessary out activities example, they are authorized (SWP3) s at a site to cars). example, they are authorized to directtworkers he Ps at a to carry required by the SWP3 or comply property owner, whose O erator — The person or entity, often the p P Secondary P operational control is limited toerators, such as a general contractor, to perform or (a) the employment of other op supervise construction activities; or es to construction plans and specifications, to approve or disapprove chang (b) the ability to -day on -site operational control over construction but who does not have day - activities at the site. Secondary operatorsor participate in a shared must either prepare their own SWP3 pthe areas of the construction site where they have control over the SWP3 that covers operator is plans and specifications. primary P with there the secondary primary there is not a p ' operator at the st comply construction site, then the secon ary If operator and m defined as the primary P operators. where stormwater runoff ur ose ofat the point Ouot - For the p this permit, a point source pdischarges to surface water in the state and does not associated with construction activity two municipal separate storm sewers, or pipes include open conveyances connecting es thaco conveyances that connect segments of the same stream or other water of tunnels or other waters of the U.S. the U S. and are used to conveygeneral permit. The authorization the requiremenbe operator authorized under this g waiver, by meeting Permitter - P gained throughh submission of a notice of intent, by ' c coverage to discharge stormwater runoff and certain non-stormwater for automata discharges Page 9 Construction General Permit TPDES General Permit TXR150000 Point Source — (from 4o CFR Point g but not (from o F§122.2) Any discernible, confined and discrete conveyance, container, rolling stock concentrated animal feeding operation, I any pipe, ditch, channel tunnel, conduit, well, discrete fissure, system, vessel or other floating craft from which pollutants are, or may term does not include return flows from irrigated agriculture or landfill leachate collection runoff be, discharged. This Pollutant - Dredged spoil, solid waste, incineratoragricultural stormwater filter backwash, munitions, chemical wastes, biological materials wrecked or discarded equipment, residue, sewage, garbage, sewage sludge, q pment, rock, sand, cellar dirt, and industrial, municipal, pave l, and' heat, agricultural waste discharged into any surface water in the state. The not include tail water or runoff water from irrigation or rainwater runoff r uncultivated rangeland, term "pollutant" does g , pastureland, and farmland. For the from cultivated theed r "pollutant" includes sediment. Purpose of this permit, term Pollution - (from Texas Water Code thermal, chemical, or biological quality of, or the contamination state that renders the water harmful quality of , or the(4)) The alteration an on of ace waterc in, state that or properof, any suhumans,rface animal water the property or to public health, safe ' or injurious or io pairsthe nee, public enjoyment of the water for any lawful or reasonable purpose. safety or welfare, impairs usefulness or the Rainfall Erosivity Factor (R factor) climatic effects, and is part of the Revis d Universal Soil Loss Eannual quation potential that is due to uation (RUSLE). Receiving Water - A "Water of the United States' as defined in 4o CFR §122 2 into which the regulated stormwater discharges. Semiarid Areas - areas with an average annual rainfall of io to 20 Separate Storm Sewer System - inches roads with drainage systems, streets, catch basins curbs, A conveyanceh basi,or system of conveyances man-made channels or storm drains), designed or used for collecting channels na combined sewer, drains), and that is not partpublicly owned gutters, ditches, man-made of a p or conveying stormwater; (P that is Small Construction ActivityY ed treatment works (PpTW excavating that result in land disturbance of equal to or greater than) - Construction activities including clearing, than five (5) acres of land. Small construction activity grading, and than one 1 t one st) rbae and less () acre of total land area that is part of a larger Ludes the disturbance enof less sale if the larger common plan will ultimately disturb equal to or less than five g common plan of development or (5) acres of land. Small consti uction activitygreater than oneti1 maintenance that is performed to maintain the original line and grade,ap and original purpose of the site (for example, the routine I• does not include routine overlaysriginl ofu existing roads the routine le of ngrading i hof existing dirt roads, hydraulic capacity, or g ad mg of existing dirt simila asphalt maintenance activities.) right-of-ways, and similar Steep Slopes — Where a state, Tribe local government, or industry stormwater BMP manual) has defined what is to be considered a 'ste definition automatically adopts that definition. Where no such definition technical manual (e.g. are automatically defined as thoseh that are 1steep slopsts thise permit's 5 percent or greater in grade, exists, steep slopes Stormwater (or Stormwater Runoff) -Rainfall runoff, snow melt runoff, and surface runoff and drainage, Stormwater Associated with Construction Activity construction activity where soil disturbing activities (including oclearin Stormwater runoff from a result in the disturbance of one (i) or more acres of total land area, or commonof total plana eadevelopment or sale that will result in disturbance of o' grading, excavating) er l land rof are part or a more acres Structural Control (or Practice)one (1) acres construction of a device, or the use of a device,tton duce orprevention preventctpo that requires the pollution in stormwater Page 10 TPDES General Permit TXR150000 Construction General Permit controls and practices may include dams soot limited urface t0 silt fences, m drain runoff. Structural contr s check s macs, gabiont, and inlet protection, dikes, , rock outlet sprotection, tso tion, r trap rock protection, reinforced soil retaining y inlet protection,Avers, temporary or permanent sediment basins• ponds, impounding reservoirs, springs, bays, the Gulf of Mexico rivers, rs, Surface Water int the State,wet -Lake, c(MHWM) out ico inside als, str eams, creeks, estuaries, state (from the mean highinlets, waterr mark • cial, or .36 miles i fresh territorial limits oftheod es ofall subject to the Gulf) le and including the beds and banks of the state or ubj s and and all other bodiesbsurface water, natural or or bordering authorized bodies salt of surface water, nonnaatg or partially inside that are wholly P which are of waste by s surface hexcept that waters in treatment systems P statetha jurisdiction law the sulation, or permit, and which are created for the purpose or federal regulation, treatment are not considered to be water n where exposed soils or disturbed areas are llutants. the state. Temporary Stabilization - A cprevent the migrations p Temp seeding, ge ventithees,migration mulches, and other Temporary a protective cover mayr include stamp temporary control to tot stabilization es, can of providedinclude Temporary stabilization construction activities take place. e techniques to reduce or eliminate erosion until either permanentollutant that a water body achieved or until furtherDLoad (TMDL) - The total amount S a pollutant Total Maximum Daily presence of suspended solids can assimilate and still meet the Texas Surface Water eby the quality characterized Turbidity — A condition of water q ty 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: allwaters which are subject to the (a) all waters which are currentlythe past, or may be susceptible to useused, were used in in interstate o efoae foreign commerce, including ebb and flow of th interstate wetlands; intermittent (b) all interstate waters including potholes, wet meadows, rivers, s (c) all othe r waters such as intrastate lakes, sloughstpraririe p eluding roil of which would playa or ats,alponds sandflats, watthor anysuch waters: playalakes, or natural ponds that the Commerceincluding ru affect or could affect interstate or foreign (1) which are or co uld 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 by industries in interstate (3) which are used or could be used for industrial purposes States under commerce; impoundments of waters otherwise defined as waters of the United (d) all this definition; (a) through ( d ) of this definition; (e) tributaries of waters identified in paragraphs ({) the territorial sea; and re ) (g) wetlands adjacent to waters through than waters that ie themselves emselves wetlands h (f) of this deft identified in paragraphs (a) ponds or lagoons designed to meet wh which also treatment 2 11(m) Wsterequirements of systems, including ponds as defined in 4o CFR §4. 3• lies only to This exclusion ape meehe criteria CWA (other than coreinot waters of the no p created in watersuof applies U.S. only (sut as meet the bdiof this definition) whiihnnether were originally U S. manmade bodies of water whit Page 11 Construction General Permit TPDES General Permit TXR150000 disposal area in wetlands) nor resulted from the impoundment disposal the po U S. not wetlands) prior cuverted ofan area's do as prior includeconvertedo cropland bystoof waters determination the U.S. offs the CWA the final authors cropland.Nowithstanding the ' authority regarding U any other federal agency, for the g CWA jurisdiction remains with EPA. purposes of Part II. Permit Applicability and Coverage Section A. Discharges Eligible for Authorization 1. Stormwater Associated with Discharges of stormwater runoff. foonstruction Activity l 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 storage yards, material borrow areas, and excavated material Construction supportq pment staging areas, material activities authorized under this general permit are not co operations, and do not servee disposal areas. ischarges of stormwater runoff o from construction supportrelated constructions. commercial general permit, provided that the following conditions are ies amet authorizlled under this (a) the activities are located within one (1) mile from the construction site and directly support the construction activity; boundary of the permitted (b) an SWP3 is developed for the of this permitted construction site according general permit and includes appropriate controls and erosion and discharge of pollutants in stormwater runoff from to the provisions support activities; andmeasures to reduce (c) the construction support the construction of the construction spapo activities either do not operate be oTf constructionPollutant Discharget O1' at the time that theyauthorized ri the completion date TPDES uthoziElimination System do, are a authorization. r TPD S authorization may include the TPDES(TPDES) au General Pe separate (related to stormwater discharges ssociatedMulti iwith ndustral Separate separate authorization under this general permit if a (MSGP), quanquality per general permit if available, or authorization undersal activity), alterrypee general applicable, coverage underal e an individual water 3 Non-Stormwater Discharges The following non-stormwater discharges from sites authorized permit are also eligible for authorization under this general permit: (a) discharges from fire fightingsized under this general of trucks,grun-off activities (fire fightingp mrt. water from training activities do not include washing systems, or similar activities), g activities, test water from (b) uncontaminated fire hydrant flushings (excluding fire suppression water, unless the water is first dechlorinated and discharges are adversely affect aquatic life ins discharges of hyperchlorinated potable water, surface water, or groundwater that does not expected to which include flushings from systems that utilize pollutants (uncontaminated fire hydrant flushings do not in reclaimed wastewater as a source water); not contain additional (c) water from the routine external washingofdude systems utilizing vehicles, the or structures, and pavement, where detergents and soaps are e not used, where portionnal ofbuildings spills buildings or leaks of toxic or hazardous materials have not occurred (unless spilled materials Page 12 TPDES General Permit TXR150000 Construction General Permit licable, the those have been removed; and if local state, toreularr federal ionsregulations where the purpose is tons are app materials are removed according remove mud, dirt, or dust; (d) uncontaminated water used to control dust, s but excluding discharges of (e) potable water sourcted at, includingunles waterline flushing , es are not lorinated water, unless the water is first dechlorinated and discharges expected affect aquatic life; expected to adversely condensate; (f) uncontaminated air conditioning spring water, including foundation or footing r (g) uncontaminatedrwheflogs are not con a sp g flows are not contaminated with industrial materials such as solvents; drains where flo and (h) lawn watering and similar irrigation drainage. 4. Other Permitted Discharges Elimination discharge authorized under a separate National Pollutant Discharge Any di or TCEQ permit may be combinedwiththeassociateddischarges authpermorized by this (N general p TPDES, comply with by this permit, provided those discharges Section B. Concrete Truck Wash Out performed in Thewash out of concrete trucks at regulated construction sites must be p accordance with the requirements of Part V of this general permit. Section C. Limitations on Permit Coverage 1. Post Construction Discharges feted, and after the Dischargesactivity site have undergone final stabilization, the are sites that occur after construction activities have been complete& supporting es originating construction site and any under this general permit. Discharges note not authorized t for zed underg permit following the submission of the notice of or removal of the appropriate site notice, as applicable, for the are not ed (NOT) this general termination regulated construction activity. 2. Prohibition of Non-Stormwater Discharges Except as otherwise provided in Part ILA• of this general permit, only discharges that are irel of stormwater associated with construction activity may be composed ant y authorized under this general permit. Standards potential 3. Compliance With Water Quality have the reasonable p Dischargesquality standards or that woe under this to surface water in the state that wouldcause, designated uses are noteligible igforfor an individual h ld fail to to cause, or contribute to a violation of water q pgrotect and maintain exiting requireapplicationto authorize discharges to permit or alternativemir. The executiveerldirector rm t (se Parts II H 2. and 3.) activity will cause, prmit tgeneral p quality se or contribute to a violation of wot water qua ty to, surface water in the state if the executive director determines that any potential to cause, potential to cause, has reasonable or isfoundp se, or cone ib standardsheimpairment m is to cause, has there e The executive v p ors director may d alsoin Part ire an . of this the licat onfor of a designated mit considering factors may application an individual p general permit. Page 13 Construction General Permit TPDES General Permit TXR150000 4. Impaired Receiving Waters and Total Maximum Daily Load (TMDL) Requirements New sources or new discharges of the pollutants of concern to authorized by this permit unless otherwise allowable under 30 applicable state law. Impaired impaired waters are not applicable bte state and mpaare ired waters n the are EPA those that do not meet TAC Chapter water and concern are those for which the water bodyisls approved impaired. applicable §3o3(d) List. Pollutants of Discharges of the pollutants of concern to impaired water bodiesd TMDL are not eligible for this general permit unless approved TMDL, for which there is a Permittees must incorporate the conditions and requirements applicable to their discharges into their SWP they are consistent with the this general permit. For consistent 3, in order to be eligible for coverage under anh approved TMDL, the SWP y with the construction stormwater-related items in requirement in the TMDL TMDL Implementation nt tion Plan (I -Plan directed by the executive director. nt with any applicable condition goal, or ), or as otherwise 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone Discharges cannot be authorized by this general permit where Chapter 213 (relating to Edwards A Chapter the 2 3i(r (relating to wsoils Aquifer) )tad withdclearing, c eneeprohibited of co o TAC q a In addition, commencement construction (iactivities, as well as other construction -related activities such as stockpiling material and demolition) at a site regulated under 3o TAC C grading, or excavating mate the appropriatedemolition) Edwards iAquifer regu Protaced d3o 13mof fill TCEQ's Edwards Aquifer Protection Program. Chapter 213, may not begin (�'P) has been approved by the (a) For new discharges located within the Edwards Aquifer Recharge Zone or within that area upstream from the recharge zone and defined as ntriuting (CZ), operators must meet all applicable requirements of, and o crate acco Zone (Edwards Aquifer Rule) in addition to the provisjons and requirements of this ng to, general permit. (b) For existing discharges located within the Edwards Aquifer requirements of the agency -approved under the Edwards AquiferWater Pollution Abatement Plan Zone,charge the permt B Rule is in addition to the requirements of this MPs and maintenance schedules for structural stormwater (WPAP) example, may be required as a provision of the rule. Al] a general the Edwardsin Aquifer Rule for reductions of suspended solids • controls, for the u the Rule for requirements in this f general permit applicable requirements watrrunoff of in stormwater 6. Discharges to Specific Watersheds and p t for this pollutant. Quality Areas Discharges otherwise eligible for coverage cannot beauthorize where prohibited by 3o TAC Chapter 311 (relating to Watershed Protection) this general permit quality areas and watersheds. d Protection) for water 7 Protection of Streams and Watersheds by Other Governmental Entities This general permit does not limit the authority or ability of federal governmental entities from placing additional or more stringent re construction activities or discharges from construction activities. other state, or local permit does not limit the authority of ahome-rule municipalityr quirements on Government Code ovr example, this §401.002p provided by Texas Local 8. Indian Country Lands Stormwater runoff from construction activities occurring on Indian not under the authority of the TCEQ If discharges of stormwater require authorizaton u Country lands are and are not eligiblenor coveragedfunder this general under federal NPDES Page 14 TPDES General Permit TXR150000 Construction General Permit regulations, authority for these discharges must be obtained from the U.S. Environmental Protection Agency (EPA)• 9. Oil and Gas Production exploration, rgas or geothermal resources, including authority of the Stormwater runoff from construction activities associated with the ex p transportation oro crude oil of oilf by i eline, are not under es of transportation of crude oil or natural e andep this general permit. If discharges for these TCEQ and are not eligible for coverage regulations, authority stormwater require authorization ed from the EPA federal NPDES reg discharges must be obtained from Agricultural lo. Stormwater Discharges Activities Stormwater discharges from agricultural activities that are not point source discharges subject to TPDES permit requirements. These activities may o includem clearing are not slti ground for crops, construction of fences to contain ivesto and cultivating similar ricultural activities. livestock co nstruction of stock ponds, and �w th the constgruction of facilities that are Discharges of stormwater runoff associated general permit. TPDES regulations, such as the construeTi�hi of concentrated animal feeding subject to,wouldg oint sources regulated and operations, be p 11. Endangered Species Act aquatic or endangered or threatened ermit, unless this p Discharges that would adversely ts affect aated atautho authorized l permit, u tic -dependent species or its criticalhabitat Act areenot authorized byand site -specific aqua Endangered Species the requirements daneofr the species apply l to all TPDES permitted discharges species ts ecies app Yendangered or threatened related so endangered spimpacts to listed species, the controls may be required to ensure that protection of mp g is achieved. If a permitter has concerns over potential permittee may contact TCEQ for additional information. 12. Other ate any person's ability to II of the general permit is intended to net Nothing in Part eure (act of God, war, strike, riot, or other catastrophe) defenses assert the force ma � found in 3o TAC §70•7• Section D. Deadlines for Obtaining Authorization to Discharge 1. Large Construction Activities ement of uction (a) New Construction - Discharges from sites where the eco menct be autho onstr occurs on or a e tier ermit or a separate TPDES permit, prior to the commencement o f nral he effective date of this genera p under this ten P those construction activities.general (b) Ongoing Co nstruction - Operators of large construction authorized activities underiescontinuing to effective on March 5, 2008), must submit an NOI to renew permit, operate after the effective date of this p permit 90 permituthTXR15oa( coverage under this generalt within a authorization or NOT dateto oftthis general permit. During this interim period, days rothe effective TPDES t ermit, the operator must continue to meet the requirement of reqrrequirements of the previous TPDES permit. conditions and req 2. Small Construction Activities tion - Discharges from sites where the ec commencement be author ed, either struction (a) New Construe general permit occurs on or after the effective date of this g Page 15 Construction General Permit TPDES General Permit TXR150000 under this general permit or a separate TPDES permit, prior to the commencement of those construction activities. (b) Ongoing Construction - Discharges from ongoing small cons commenced prior to the effective date of this general permit, and that the conditions to construction activities that qualify for termination of this permit as described in Part ILE. of this general permit, must meet the requirements to be authorize would not meet this gel pereral or a separate TPDES this general permit. During this interim period, mit, to arequirementd, either under this ES permit, the operator must continue ri meet the conditionshin days of the effective date of previous TPDES and requirementsof ofs of the permit. Section E. Obtaining Authorization to Discharge i. Automatic Authorization for Small Construction Activities es With Low Potential for If all of the following conditions are met, then a small constructs to occur during periods of low on activity is determined automatically authorized under this general erosion, beiand a site ng operator may be SWPg or submit an NOI. g required to develop an (a) the construction activity occurs in a county listed in Appendix A; (b) the construction activity is initiated and completed, including temporary stabilization of all disturbed areas Appendix A for the location of the construction siteln the time framee r final or identified in (c) all temporary stabilization is adequately maintained to effectively erosion, permanent stabilization activities have been initiated, and final stabilization is completed no later than go days follows reduce or prohibit time frame identified in A a end date of Appendix A for the location of the construction dsite;of the (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 location where rt is readily available for viewm by federal authorities prior to commencing construction activitiessite in a federlocation uth until prim to onco of commencing construction the general public maintainedlocal state, and construction activity; 'and in (f) a copy of the signed and certified construction site notice is of any MS4 receiving the discharge at least Provided o the operator 'o days prior to commencc construction activities• ement of (g) any supporting concrete batch plant or asphalt batch plant is for discharges of stormwater runoff or other non-stormwater di individual TPDES permit, another TPDES separately authorized TCEQ permit where stormwater and non-stormwater is disposed discharges under an general permit, or under an individual irrigation (discharges are adjacent to water in the state) (h) any non-stormwater discharges are either au p sad of by evaporation or and authorization, or are not considered to be a wastewater. under a Part II.G. of this general permit describes how an operator separate permit or waives from permitting p for may g for certain small construction activities that occur apply for during a a with is period a low potential for erosion, where automatic authorization not a under this section Page 16 TPDES General Permit TXR150000 Construction General Permit Automatic Authorization For All Other Small ConstructionActivities* iest may be 2. general permit, and rat II. .of1 these bov sites shall not Operators of small construction activities not described in Partconditions: be to authorized an undeNOT, thisrovided that they meet all of the following (a) requireddevelop a submit an ding o the provisions of this general permit, that covers ove s, aneither develop SWP3 according licant is the op o commencing construction activities• ce at the entire site or all portions of the site for which the applicant the note implement that plan p post a completed TCEQ small construction site notice, (b) sign and certify location where and readily available for viewing prior commencing b the the genera pn bsite , ilocal, t te, and federal authorities, p completion of the co general pub construction, and maintain (for linear construct on activities, vities, e.g pipeline or highway, the sitenoticconstructionactivitymust p ( publicly accessible location near where construction is ate notice erwbe placed n a actively underway; notice for these linear sites may be and readily available for elocated, as necessary, along ac Y and the notice must be safely the length the the project, ublic local, state, and federal authorities); and operator of viewing by general p on site e (c) provide a copy of the signed and certified o receiving g the notice go the op° any municipal separate storm sewer system commencement of construction activities. permit unless defined inise required ie ve director. Operators of small construction activities as defined in Part I.B of this general shall not submit an NOI for coveragepermit, large construction activities arger ]l disturb less than five (5) acres of land but that are p more acreslag r As described in Part (Definitions) of this generalp disturb five (5) include those below. of common plan of developmentrequirements of Part II ultimately y land, and must meet the req 3. Authorization for Lar e Construction Activities for coverage under this general Operators of large construction activities that qualify conditions: permit must meet all of the following ro conditions: of this general permit that covers eitherand (a) develop a SWP3 according to the p applicant is the operator, the entire site alls portions tof the site for which the commencingconstruction activities• implement that plan priora form provided by the executive (b) primary operators must submit n to'cosing mmencing construction activities or if prior(7) to commencing construction activities. If an uti director, l least seven submittal, Y prior additional o electronic Ii days bm tt assuming ' dal primary operator is added after the seven (7) I is submitted, the new piima pprior to assuming primary operator must submit an NOI at o electronic NOI submittalaiter the initial NOI assuming operational control, or if the primary operator changes submitted, control. If y operator must submit a paper NOI or an electronic NOI submitted, the new primary P operational control; at least ten (io) days before assuming p ce in ance (c) all operators of large e construction activities must post as whe e it is scordy and with Part III.D.2 of this permit. The site notice must be located bythe general public, local, state, and federal authorities readily available for viewing elide commencing construction, and must be maintained in that location until prior to comm g (for linear construction activities, e.g. pipeline completion of the construction activity in a publicly accessible location near where the site notice must be placedbe relocated, as coor nstruction notice for these linear sites may construction is actively underway; necessary along the length of the project, and the notice ase federal authanitiee) readily available for viewing by the general public; local, state, Page 17 Construction General Permit TPDES General Permit TXR150000 (d) prior to commencing construction activities, all primary o er copy of the signed NOI to the operator of an P ators must 1 secondary construction operator, and (2) listY MS4 receiving the discharge and to any all MS4 operators receivin in the SWP3 the names and addresses of g a copy; (e) all persons meeting the definition of "secondary hereby notified that they are regulated under this general permit operator" in Part I of this permit are required to submit an NOI, provided that a prima submitted an NOI or is required to submit an NOI, and these but are not primary operatorhat the site has provided notification to the operator(s pf notifcation availablo upon re nest) of the need to obtain coverage operatorhhasd provision may alternatively submit an NOI under his general permit, (with records coverage under an alternative TPDES individual permit,). Any secondary operator notified under this an alternativegTPDESp it, may seek general permit if available; and or may seek coverage under (t) all secondary operators must provide a co Operator construction site notice the operator of prior to Operator commencement ofnotice totihe Y of the sied and certified he discharge p any MS4 receiving the discharge activities. 4• Waivers for Small Construction Activities: Part II.G. describes how operators of certain small construction ac ' waiver from coverage. tivrties may obtain a 5. Effective Date of Coverage (a) Operators of small construction activities as described in either above are authorized immediately followingcompliance licable conditions of Part II.E.1. or II E 2. Part II.E.1. or II.E.2. activities as described .1 Part II.E.3. operators of large conthe struction ompince with he a 3• above are authorized immediately following careas regulated byapplicable conditions in Part II.E 3. 3o TAC Chapter 213, related to the Edwards Aquifer, r activities thised in authorization to discharge is separate from the requirements of the responsibilities under that rule. Construction may not commence for sites under 3o TAC Chapter 213 until all applicable requirements of that operator's (b) Prima regulated Primary operators of large construction activities as described in Part II E.3. arerule met are provisionally authorized seven are provisionally for deliveery (7) days from the date that a completed NOIispostma above director. If electronic submission of the NOI is provided, TCEQ, unless otherwise notified by the executive notified by the executive director, prima following and unless meth otherwise confirmation of receipt of the NOI operators are authorized immediately provisional when the executive director finds the NOI is administrate and an authorization number is issued for th Y the TCEQ. Authorization is non - provisional by 3o TAC Chapter 213, related to the Edwards Aquifer,administratively complete r discharge is separate from the requirements h Edwards Fri activities this authorization inareas under that rule. Construction may not commence for sites regulated'authorization e operator'sresponsibilitiesdr Chapter 213 until all applicable requirements of that rule are met. (c) Operators are not prohibited from submitting under 3o TAC obtain authorization under this general permit lateThe TCEQ or posting obtain auth riztionuenforcement actions err ranye late notices to occurred between the ima construction commenced andQ reserves maythe right to take unpermitted activities that have 6. Notice of Change authorization was obtained. g (NOC) If relevant information provided in the NOI changes, an NOC must 14 days before the change occurs, if possible. possible the operator must submit an NOC Where 14-day advance notice is notat least within 14 days of discovery of the change. If Page 18 TPDES General Permit TXR150000 Construction General Permit becomes aware that it failed to submit any relevant facts or submitted operator the correct information must be provided to the inc the opThe NOC shall be executive vt information inaan NOI, days after discovery. letter if be is submitted director afo in providedn NOC withinthe executive director or by ian of any MS4 not available. a le form ofteNOC by provided to the operator not available. A copy of the must also be must be receiving the discharge, and a list receiving included pyin the SWP3 that includes the names and addresses of all MS4 operators limited to, the Information that may be included on an NOC includes, a increaut is se in the numbero f acres Inform operator name. A transfer following: the increases of the construction Prot a transfer the ownership disturbed (for increases of one or more acres), or the op operational control from one operator to another, including of a company, may not be included in an NOC. of a company includes changes to the structure of -types, company, A such transfer cof hanging partnership to a corporation or changing at as changing from a that the filing number (or charter number) that is on record with the Texas Secretary o State must be changed. TCEQ of a decrease in the number of acres An NOC is not required for notifying and retained on site. disturbed. This information must be included in the SWP3 urination (NOT) Forms, NOC 7. Signatory Requirement for NOI Forms, Notice of Letters, and Construction Site Notices require a I forms, NOT forms, NOC letters, and Construction SiteeNotices oti s that a requir for NO to o TAC § 305.44 signature must be signed according 3 Applications). g. Contents of the NOI information: number for existing authorizations under this general The NOI form shall require, at a minimum, the following o days of the (a) the permit, whereES CtheP operator authorization e within 9 permit, operator submits an NOI to renew coverage effective date of this general permit; the NOI for permit b the name, address, and telephone number of the operator filing () coverage; and latitude/longitude of the (c) the name (or other identifier), address, county, construction project or site; applicant; (d) the number of acres that will be disturbed by the or site will not be located on Indian Country lands; (e) confirmation that the project eneral permit, has been developed in accordance with thigeneral any (}� confirmation that a SWP3 iior to construction, and that it is compliantrators who that icwile local sediment p plans; for multiple op the confirmation for an operator may be limited to its applicable sediment and erosion contra p at least one prepare a shared SWP3, provided all obligations are confirmed by obligations under the SWP3 P ' operator; (g) name of the receiving water(s); e discharge is ot directly discharges a classifiedgeethose (h) the classi fied segment number for each classified segment that receives disc args segment, the regulated las stied seen activity (if nt then the classified segment number of the first classified segment that segme , discharges reach); and l surface waters receiving discharges from the regulated construction tes. (i) the name a ai e on the latest EPA -approved CWA § 3o3(d) List of imp activity Page 19 Construction General Permit Section F. Terminating Coverage 1. Notice of Termination (NOT) Required Each operator that has submitted an NOI for authorization under this must apply to terminate that authorization following section of the general permit. Authorization must be terminate general permit on a form supplied the conditions described in this by the executive director. Authorization to discharge under this general permit terminates at midnight on the day the NOT isd by submitting an NOT the TCEQ. If electronic submission of the NOT is provided, author" under this permit terminates immediate) following postmarked for delivery authorization t ofdthe NOT to by the TCEQ Compliance with the conditions and requirements off is the required until an NOT is submitted. f this permit is The NOT must be submitted to TCEQ, any MS4 receiving st be the dischargettedt and a copy of the NOT provided (with a list in the SWP3 of the namend adto the dresses of of all MS4 operators receiving a copy), within 3o days after any of the are met: (a) final stabilization has been achieved on all following conditions responsibility of the permittee; portions of the site that are the (b) a transfer of operational control has occurred (See Section II.F.db (c) the operator has obtained alternative authorization under an indivielow), orual TPDES permit or alternative TPDES general permit. 2. Minimum Contents of the NOT The NOT form shall require, at a minimum, the following informati (a) if authorization was granted followingn: specific TPDES authorization number forbthe construction ssission of an tehe permittee's site- (b) an indication of whether the construction activity is completed simply no longer an operator at the site; or if the permittee is (c) the name, address, and telephone number of the permittee sub (d) the name (or other identifier miffing the NOT; the construction project or site; and ss, county, and location (latitude/longitude) of (e) a signed certification that either all stormwater discharges ze u' under this general permit will no longer occur, or that the applicant operator of the facility or construction site, and that all tem rairing authorization operacontrlso have either been comoveduc will bit removed on t s orry isctnral longero the SWP3, or have been transferred to a new operator if the new operator � structural erosion schedule deined in the permit coverage g Erosion controls that are designed to remain in place for an lied for scheduled for removal. indefinite period, such as mulches and fiber mats, are not required t o be removed or 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 submit an NOI must remove the site notice upon meeting any of the below, complete the applicable portion of the site notice related to been required to notice, and a copyremoval o the st site 4 receiving the discharge (or provide alternative notification removal of ofthe completed site notice to the operator of any MS operator, with documentation of such notification included in the SWP3)3the th n of meeting any of the following conditions: within 3o days Page 20 TPDES General Permit TXRi50000 TPDES General Permit TXR150000 Construction General Permit ' stabilization has been achieved on all portions of the site that are the (a) final stabile responsibility of the permrttee; r (b) a transfer of operational control has occurred (See Section an end b dual oro general (c) theeoperator operator has obtained alternative authorization under TPDES permit.Authopermit terminates immediately upon Compliance with theca es immediately and requirements removal ofh to discharge applicable site notice S Compli moved. removal r the of this permit is required until the site notice is 1e 4. Transfer of Operational Control operational control permit is not transferable. A transfer from ope partnership con to a Coverage under this general an such as changing oration type such that a different filing (or includes changes to the gtto a die r a company corporation, or changing to a different carp State charter) number is established with the Texas Secretary of changes or operational operator of a large construction activity When the primarysfer p operatorginal must submit an NOT within ten (to) days control is to date transferred, responsibilitythe or operations terminates, and the new operator in mustpr submit the date that aledays prior to the transfer of operationalcoto the below. A copy of the NOT must be provided an NOI at leasta e°n (r (b) Y operator of with conditionreceiving in the discharge in accordance with submitSection n NOI operator any MS4 receiving operator must required post the anrequiredN site Operators of regulated al site noticeaand the newctivities °ope not dance with ir (a) or (b) mustnotice remove the original operational control, in accordance to thewoperator Condit of any MS4 bew prior ctopy the the completed eoopabove of completed site notice must be provided receiving gA COeY e in accordance with Section II.F.3 criteria is met. receiving the discharge, of the A tra nsfer of operational control occurs when either areas of the site that have not beenher (a) Another operator has assumed control over allora erosion controls have e1 or transferred o a new been stabilize&moe,s and all silt fences anddefined other temp to notify the new been removed, scheduled for removal optor has attempted e. Record of this operator, provided that the permitted permit coverage. Record in of the requirement to obtain the op operator in writing t at notification) shall be retained by accordance (or attempt fiber mats, der not required to Part VI of this permit. Erosion controlsand f that are designed to remain accordance withnperiod, such as mulches in place for an indefinite be removed or scheduled for removal. operator who obtained purchased one or more lots fromplan an development f sale The (b) A homebuilder this p eneral permit for a common l withelm thetorsaleTrequirements coverage undes g d a new erator and shall comp YUnder thre hsted above, in coding the development of a SWP3 if necessary. eneral listed above, including responsible for compliance with the g permit requirements the h as they apply is only P operational control over, and the er, and must uirements as they apply to lot(s) it has permit req for original operator remains responsibletransferred to the homebuilder. discharges, amendrcs p to remove the lot(s) its SWP3 Section G. Waivers from Coverage hcable requirements of this general The executive director may waive the otherwise app permit for stormw nd ater discharges from small construction activities under the terms a conditions described in this section. Page 21 Construction General Permit 1. Waiver Applicability and Coverage Operators of small construction activities may requirements to obtain authorization under this general permit where apply for and receive a waiver from the following conditions are met. This waiver from coverage does stormwater discharges. The operator must insure that anyno � all of the are either r discharges. under a separatenot apply ter discharges bra wastewater. permit or authorization, or are not cosidered to (a) the calculated rainfall erosivity (R) factor for the entire period project is less than five (5); P Iod of the construction (b) the operator submits to the TCEQg a signed waiver certification form, suppliedat the construction by the (5); and activity will commence and be Mated R factor is less than five (c) the waiver certification form is postmarked for delivery days before construction activity begins or, if electronic film is time following the receipt of written confirmation from to the TCEQ at least seven (�) electronic application was submitted and acknowledgedTCEQ that available, any 2. Steps to Obtaining a Waiver The construction site operator may calculate the R factor to request steps: quest a waiver using the (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 Erosivi (c) Find the EI tY Index (EI) zone in A percentage for the project period by adding the results fop ppendix B of thiseamit each period of the project using the table provided in A the or in USDA Handbook o Appendix D of this permit in EPA Fact Sheet the percent EI for the site.2.1, by subtracting the start value from the end value to (d) Refer to the Isoerodent Map (Appendix isoerodent value for the ro edC of thisl cation. and interpolate the annual (e) Multiply the percent value obtained insStep (c) above by the ction location. obtained in Step (d) This is the R factor for the proposed project. isoerodent value than 5, then a waiver may be obtained. If the value is five may not be obtained, and the operator must obtain coverage under If the value is less mamit. (5) or more then a waiver g nder Part II.E.2, of this Alternatively, the operator ma Altern calculator: y calculate a site -specific R factor utilizing the following The waiver certification form is not onlinedri�dexhtml, or using another available resource required to be posted at the small construction site. 3. Effective Date of Waiver TPDES General Permit TXRiS0000 Operators of small construction activities are provisionally waived applicable requirements of this general permit seven completed waiver certification form is postmarked for delivery from the otherwise upon receiving confirmation of a (�) daysvfrom the date thatimmediately a submittals are available. approval of an electronic submittal, o TCEQ electronic r 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 TPDES General Permit TXR150000 Construction General Permittor using date, the original start date and a new projected ending (a) recalculate the R fa s still under five (5) , submit a new waiver certification form at and if the R facto eriod or least two (2) days before the end of the original waiver p requirements (b) obtain authorization under this general to the requ permit according ntroved waiver 'Heated in either Part ILE.2• or Part ILE.3• before the end oft e app deh period. Section H. Alternative TPDES Permit Coverage 1. Individual Permit Alternative general permit may alternatively be coverage under this to o TAC tern (relating to Any discharge eligible for individual TPDESpermit according 3 coveraget should be submitted authorized under i ).is for Consolidated Permits). Applicationhirty 3so) days prior individual ato commencement cement of construction at least three hundred andauthortzation. activities to ensure timely 2. Individual Permit Required an in accordance with suspend an authorization or deny General an PermitsNOI for Waste The executive director may p relating forWaste notice the charges), i set forth in re TAC req2o5uirement ( operator of a providewrittenconstruction site, es ,including the requirement that the executive director to the pe ) require an op1 for an individual site, to the ise The executive director mthis ay q permit, to apply otherwise eligible for authorization nces:general p water; TPDES permit in the following (a) the conditions of an approved TMDL or TMDL I -Plan on the receivingstandards or being (b) the activity being determined to cause a violation of water quality contribute to, the loss of a designated use of surface water in the found to cause, or to General Permits state and 30 TAC Chapter 205 (relating tt (relating which allows other consideration i defined in require allows ws thehidual (c) any es including 3o TAC Chap general permit and req for Waste Discharges) commission to deny authorization under the g the executive director to have been - rule, order, or permit of the commission, including permit if a discharger "has been determined by out of compliance with any the executive director. ' suspend authorization to payment of fees assessed by cancel, revoke, or Additionally,athe executive director may to o TAC (Use permit based on a finding of historical and significant noncompliance discharge under this general general permit, relating 3 general permit liance with the provisions of this of Comp are underal permitthis shall Compliance History). Denial of authorization to discharge r suspension ermittee's authorization under this gelatine General be done for or suspension of a permittee's TAC Chapter 205 according to commission rules in 3 Waste Discharges). 3. Alternative Discharge Authorization permit may alternatively be general ter 205 (relating authorizedAn y zunder eligible separatee for authorizationgeneral permit according to 3o TAC Chap a es if applicable. to General Permits for Waste Discharges), Permit Expiration ears. All active Section I.of thisc permit. permit is effective for a term not tovided on page one (1) (relating to 1. This general expire on the date p o TAC §205 3 discharge authorizations provided by 3 Following public notice and comment, as Page 23 Construction General Permit TPDES General Permit TXR150000 Public Notice, Public Meetings, and Public Comment), the co revoke, cancel, or renew this general permit. 2. If the executive director publishes a notice of t commission may amend, general permit before the expiration date, the permit will remain i existing, authorized discharges until the commissionhe intent to renew or amend this Upon issuance iz a renewed or amended permitn efect fhr U o i s NOI ofwithinre e dayso mendtp e , pr takes final actione on the permittees mayPermit. permit, unless that permit provides for an alternative method beb required to following effective date of the renewed or amended authorization. 3. If the commission does not propose to reissuefor obtaining before the expiration date, this general permit within 90 days before ualthe expiration permit oio n alternativeermjtte e shall apply an individual permit is submitted general er ex rmj for the application underforan g permit. If the application for n expiring general permit remains in effect until the issuance or d expiration date, authorization under this permit. No new NOIs will be accepted nor new authorizations honored general permit after the expiration date.denial of an individual under the Part III. Stormwater Pollution Prevention Plans S All regulated construction site operators shall prepare (WP3) NOI, to address discharges authorized under Parts II.E.2. and that an SWP3, prior f t submittal of an will reach Waters of the U.S., including discharges to separate storm sewer systems that drain to Waters of the U.S II E 3 of this general permit separate sourcesmof ption that arer m t reasonably expected ofth. S, to identify d privately owned pfrmto the construction site, incthat g oresite blyeso � to thgand address to affectas, the overburden ofdischarges stockpiles of dirt, borrow areas, equipment staging areas, vehicle etc., used solely by the permitted project. The SWP3e areas, and practices that will be used to minimize to the extent practicable therethe areas, fueling stormwaterpracicesassociated with minimize n the e must able the implementation isoi in Part II. a ino compliance with the terms and conditions discharge e diofscharges pollutants in activity and non-stormwater discharges described Individual operators at a site may develop separate SWp s of this permit. the Iprojectndividual provided ta site reference is made the more than onepSWP3 that cover site. their 3 for a site, operators at the site. y Portion of doper•mittees must coordinate to ensure that MPs and there is more are SVV 3 and not negateor s impairmust Where Regardless of whether a single comprehensive SWdevelopedP3 for each open tor, it cmresponsibilityehns v the developedfectiveness of each other. the terms a and conditions is this the e l o is hoperator rr oe ensure SWpli are rm of to construction compliance withwhere that operator has control over construction plans and s permit in then areas i of the conotrdation site operations. specifications or day-to-day Section A. Shared SWp3 Development For more effective coordination of B MPs and cooperative effort by the different operators at a site is encouraged. independently obtain authorization but mayp opportunities for cost sharing, a omprehensive SWP work together to prepare must 1• The SWP 3 for the entire construction site. pare and implement a single, c 3 must clearly list the name and, for large construction activities the permit authorization numbers, for each o SWP3 Until the TCEQ responds to receipt of the NOI with a general Aerator that participates in the shared authorization number, the SWP 3 must se general permit te each operator Each operator participating in the shareddate that the NOI was submitted to TCEQ ntheS plan must also Page 24 TPDES General Permit TXR150000 Construction General Permit n each operator is responsible for satisfying for satisfying a requirement is 2. The SWP3 must clearly indicatewhichSWP3. esponsibility ngfor meeting the shared requirement plan thenhe each permittee is entirely responsibleperform not described in the presponsibilities for meeting e uirement within the boundaries us clearly describe re p where they requirement activities. The SWP3 of a SWP3 in each requirement in shared or commonTes responsible for preparation lementation of s. 3. The SWP3 may providehthat one operator fiance with the CGP, and another operator is responsible for imp comp the SWP3 at the project site. p Section B. Responsibilities of Operators erators and Primary Operators with Control Over Construction Plans 1. Secondary Op laps and Specifications da o erators and primary operators with control over construction p All secon iy P and specifications shall: that adequate BMPs are specifications allow or providepermit; (a) ensure the project developed to meet the requirements of Part the fthis g neral t where they have control (b) ensure that the SWP3 indicates the areas ability to make modifications in over project specifications, including specifications; modifications in project specifications operators affected by operators may modify specifications BMP s s (c) ensure that all other o manner so that those op permit and as are notified in a remain compliant liant with the conditions of this general necessary to comp for ortions of the project where they are operators (d) ensuredthat the SWP3 p site -specific TPDES authorization number(s) for operators with the day-to-day indicates the name and ayoperational control over those activities necessary to ensure compliance with the SWP3 and other permit conditions. If the party operational control has not been authorized d or has abandoned the with day-to-day projectn end thebet SWP3 rethsponsible site, the party with control authority over transferred to another party responsible party until the authority is updated. 2. Primary Operators with Day -to -Day Operational Control ro eft that operators with day-to-day operational control of those ctti ides a it s p must Primary p compliance with an SWP3 and other permit are necessary to ensure comp � requirements: ensure that the SWP3 accomplishes the following q portions of the project where requirements of this general permit for those p (a) meets the they ai e opei ators; (b) identifies the partie s responsible for implementation of BMPs described in the SWP3; project where they have operational control over day-to-day (c) indicates areas of the activities, the activities; and operational control over day-to-day parties with control over (d) includes, afor areas where they have op onov projectnrme and site -specific specific TPDES athe ability to makethorization in specifications. specifications, including and Compliance Section C. Deadlines for SWP3 Preparation, Implementation, The SWP3 must be prepared prior to obtaining authorization under this general permit, d rioi to commencing construction activities that result in soi and implement° p Page 25 Construction General Permit TPDES General Permit TXR1500oo 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 does not have an on -site location to store the van the otiha the SWP the spostedis inactive or the location tionoftinspection to: the The SW 3 must be a federal, a areadily must be ee describingmo 3 director;made t ,availableocal at the time of an approving sediment and erosion plans, grading plans, or stormwater ent plans; local government officials, and the operator deal), state, or local agency sewer receiving discharges from the site. If the SWP3 is retained off-site, s be made available as soon as reasonably of a municipal separate storm that the SWP3 shall be made available within 24 hours of the re e, then it shall possible. In most instances, it is reasonable 2. A primary operator of a large construction active quest. near the main entrance of the construction site. site notice An activity must post the TCEQ seeking authorization under this general perm t and a secondary smallconstructionc nstruct on a large construction activity must post the TCEQ or 3. of this general permit in order to obtain authorization. If on operator of project is a linear construction project, such site notice required in Part II,E,1., must be placed in a publicly accessible location near where con the construction as a w pipeline or highway, the active underway Notices for these linear sites may length of the project. The notices must be readily available for construction is actively length; local, the state, and federal must authorities; be relocated, as viewing necessary, rye along the se and contain the following foby the general (a) the site -specific TPDES authorization number for the project a information: (b) the operator name, contact name, and contact phone number;if assigned; (c) a brief description of the project; and (d) the location of the SWP3 3. This permit does not provide the general public construction site for any reason, including inspection of a site it require that Pete for es allow members of the with any right to trespass ±s a p ,nor does this site. general public access to a construction Section E. Revisions and Updates to SWp3s The permittee must revise or update the SWP3 whenever the following 1, a change in design, construction, operation, or maintenance that occurs: effect on the discharge of pollutants and that has not been raves the SWP3; has a significant 2. changing site conditions based on updated planspreviously addressed in new areas of responsibility, and changes in BMPs; oa specifications, new operators, 3. results of inspections or investigations by site operators, operators separate storm sewer system receiving the discharge, authorized TCEQ a federal state or local agency aof a municipal SWP3 is raven approving sediment and erosion plans indicate the or proving ineffective in eliminating or significant) y minimizing pollutants in discharges authorized under this general permit. Section F. Contents of SWP3 The SWP3 must include, at a minimum, the information described must comply with the construction and development effluent guidelines his section and Section G of the general permit in Part III, Page 26 TPDES General Permit TXRi50000 Construction General Permit 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; that the intended schedule or sequenceof activities ti tt s and duration of (c) a description of estimated soils for major portions of the site, including activities; and the total number of a e areas, s (d) the total number of acres of the entire property off_site material storage where construction activities will occur, including stockpiles of dirt, and borrow areas that are authorized under the overburden and s P permittee's NOI; of any discharge from the site; (e) data describing the soil or the quality Portion of a city or county (f) a map showing the general location of the site (e.g. a map); the following: (g) a detailed site map (or maps) indicating grading (i) dr ainage patterns and approximate slopes anticipated after major activities; (ii) areas where soil disturbance will occur; planned or in place; locations of all controls and buffers, either p ce; (iv)are (i) locations where temporary or permanent stabilization practices expected to be used; off -site activities, supportmaterial,waste, (v) locations of constructiontheermittee s activities, including NOI, including o that are authorized under the p e areas; borrow, fill or equipment or chemical storag adjacent, or in close wetlands) eitherimpaired waters; (vi) surface waters (including at, adj those that are proximity to the site, and also indicating (�i) eio ns where stormwater discharges from sewer site directly to a surface water body or a municipal separate storm (viii) vehicle wash areas; and roads (for (ix) designated points on the site where vehicles will exit onto paved ( e this applies to construction transition from unstable dirt areas to instant , exterior paved roads) would required to be included on thetor shall would result a Where the amount ofg information cult to read and interpret the op ina single map being series of maps that collectively include the required information. permittee's support activities authorized under the perms (h) the NOI, including n and tpplantsf concrete plants, and other activities providing support to the p to the construction site that is authorized under this genera permit; waters at or near the site that may be disturbed ort at may (i) the name of receiving ro ect; receive discharges from disturbed areas of the p (j) a copy of this TPDES general permit, (k) the NOI and acknowledgement certificate for primary operators of large tion sites, and the site notice for small construction sites and for construction storm secondary operators of large construction e locations, including and in the immediate vicinity of the construction site; and (1) stormwater and allowable non-stormwater discharge drain inlets on s Page 27 Construction General Permit TPDES General Permit TXR150000 (m) locations of all pollutant -generating activities, such as concrete, paint and stucco washout and water disposal; solid waste storage disposal; and dewatering operations. paving operations; 2. A description of the BMPs that will be used to minimize pollution and The description must identify the general timing or sequence fore in runoff. implementation. At a minimum, the description must include the followin (a) General Requirements g components: (i) Erosion and sediment controls must be designed to retain to the extent practicable with topography, and rainfall. sediment on -site consideration for local th (ii) Control measures must be properly selected, ins P y' soil type according to the manufacturer s or designer's speciifi installed, (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 stabilization practices for the site, compliant with the requirements M.G.].chedule of when the practices will and G 2 of this general permit, includinga s and permanent erosion control be implemented. Site plans should ensure that existing ve e ati meats of Part it is possible. g on is preserved where (i) Erosion control and stabilization practices may include bu to: establishment of temporary or permanent vegetation, geotextiles, sod stabilization, vegetative buffer strips tare not limited trees and vegetation, i slope texturing,mulching, devices, flow diversion mechanisms, and other similarprotection of existing temporary velocitymeasures. dissipation (ii) The following records must be maintained and either attached to referenced in the SWP3, and made readily available upon request parties listed in Part III.D.1 of this general permit: to or q to the (A) the dates when major grading activities occur; (B) the dates when construction activities temporarily or erm cease on a portion of the site; and permanently (C) the dates when stabilization measures are initiated. (iii) Erosion control and stabilization measures must be initiated in portions of the site where construction activities have temporarily ceased and immediately will not resume for a period exceeding14P arily Stabilization measures that provide a protective cover must be in calendar days immediately in portions of the site where construction activities permanently ceased.erm initiated deadline for initiating stabilization measures. In the context to define the have requirement, "immediately' means as soon as practicable, but no later the end of the next work day, following the day when the earth - activities have temporarily or permanently ceased Except as provided thann (A) through (D) below, these measures must be completed disturbing practicable, but no more than 14 calendar days after the initia i vi f sd In stabilization measures: as soon as on of soil (A) Where the immediate initiation of stabilization measures after construction activity temporarily or permanently ceased is preluded Page 28 TPDES General Permit TXR150000 Construction General Permit 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-stricen areas where li at on measures after construction activity has temporarily or p the immediate initiation of stablermanently ceased or is precluded by and tabilization measures conditions, erosion controlsWhere vegetative controls are nottall initiated as soon as practicable. feasible due to arid conditions, the operator shall all permanent tely install, , f and within 14 calendar days of a temporary non-vegetative erosion work in any portion of the site complete,operator shall controls. If non-v controls as required in Paragraph (C) install temporaryy sfeasible, are not below. (C) In areas where temporary stabilization measures rimeter controls The operator may alternatively utilize temporary perimeter operator must document in the SWP3 the reason why perimeteremonstrate that the i contrmeasuresols sare not fn asible, and must sediment on site to the extent practicable. The controls will retain s operator must continue to inspectB taPS at d eifrequency established in Section III.F.7.(a) for u (D) If the initiation or completion of vegetative stabilization is affected by ermittee, vegetative circumstances beyond the control of the p stabilization must be initiated or completed as as conditions or circumstances allow it on the site. The requirement e 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. permanent stabilization measures (v) TCEQ does not expect that temporary or p to be applied to areas that are intendedtort access roads etat id or e pads, stabilized following construction (e.g., areas being used for storage of vehicles equipment, or materials). (c) Sediment Control Practices The SWP3 must include a description of any sediment conerol practices general timing used to r remove eroded soils from stormwater runoff, including thesequence for implementation of controls. (i) Sites With Drainage Areas of Ten or More Acres (A) Sedimentation Basin(s) (1) A sedimentation drainage basin servesis uan areahere with ten lble, (10)for a common or more acres disturbedry or distu b e location t disturbed at one time. A sedimentation basin may o contain a permanent and must provide sufficient storage2ato storm froma calculated volume of runoff from a 2-y the each disturbed acre drained When eventa it s not require not to of runoff film a 2-year 24 hour flow from onsite areas include the flows from offsite yundergone permanent that are either undisturbed or have aheaded stabilization, if these flows are diverted basin. around Capacity caeculationsbhall areas of the site and the sediment be included in the SWP3. Page 29 Construction General Permit TPDES General Permit TXRi50000 (2) Where rainfall data is not available or a calculation cannot be performed, the sedimentation basin must provide at least 3 60o 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. Permit -tees 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 NO only 4. Other Required Controls and BMPs T (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 3o TPDES General Permit TXR150000 Construction General Permit (b) The SW3 materials p must include a description of construction and waste eyia s expected to be stored on -site and a description of controls to epollutants from these materials. potential pollutant sources from areas halt (c) The other than ructionlude a description of P and a description fromn of controls pha n construction (such as stormwater discharges dedicated asp plants and plants), pollutant d dedicated concrete batch p measures that will be implemented at those sites to minimize p discharges. Permittees shall place velocity dissipation devices at discharge locations and a non- (d) Perm outfall channel (i.e. runoff conveyance) provide aelong the length of any course, so that the ' e flow velocity from the structure to water ns are maintained and natural non - erosive physical and biological characteristics a protected. controls to minimize the offsite ended sediments and other pollutants if it is necessary to pump (e) Permittees shall design and utilize appropriate transport of and water from the site. 1 with or channel standing red (fl Per mittees shall ensure that all other oregisi general n r prmnd BMPs comply all of the requirements of Part III Trance with Approved State and Local Plans 5. Documentation of Comp is consistent with requirements specified fans or site permits, or stormwater (a) Permittees must ensure that the SWP3 federal,tstate or local m applicable sediment and erosionpermits it site by management site plans or site p officials. changes updated as necessary to remain consistent with any eor (b) SWp3s le to protecting tsurface water resources in sediment erosion it plansapproved applicable to protecting management site plans or site permits a p by site permits, or stormwater manag ermrttee receives written notice. state or local official for which the p management plan, including required to prepare a separateo TAC (c) butIf not permittee is req Zone Plan in accordance n must be limited to a WPAP or Contributing of that p related to the Edwards Aquifer), then a copy request to Chapter 213 ( on of the of the TCEQ. The permittee shall maintain a copy either included in the SWP3 or made readily available up authorized personnel approval letter for the plan in its SWP3. 6. Maintenance Requirements protective measures identified in the SWP3 must be maintained in effective the permittee (a) Allop rating condition. If, through inspections or other means, permittee shall operating operating effectively, then the perform maintenance te MPs are not sa to maintain the event f inufeased e Ictive n ss of perform teconas prior the next ram ance stormwater controls, and prior to the next anticipated storm event is impracticable, the reason shall be sediment controls that have documented in the SWP3 and maintenanceErosion mustabe scheduled and accodoe practicable. been intentioshednally aasoon as p been intentionally disabled, run -over, removed, or otherwise discovery ineffective must be replaced or corrected immediately up operator shall periodic inspections or other information indicates d rmaged, then the opol has been sed (b) If Pe performing inadequately, the discovery.l incoace or modify d practicable after making replace or modify the control as soon as no ci has been reducednsedimentation 50%• For perimeter (c) Sediment must be removed from se invent traps and sedtmentatron ponds later than the time that design capacity 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 minimizes off -site impacts, and prior to the next rain event, if feast permittee does not own or operate the off -site conveyance, at a frequency that shall work with thenot ownerfeasible. If the or operator of the propertyY ce, then the permittee 7. Inspections of Controls to remove the sediment. (a) Personnel provided by the permittee must inspect disturbed construction site that have not been finally stabilized, areas used for storage materials that are exposed to precipitation, discharge locations areas of the controls for evidence of or the potential for, pollutants entering the drainage of system. Personnel conducting these inspections must be knowledgeableand structural general permit, familiar with the construction site, and knowledgeable ofth SWP3 for the site. of this Sediment and erosion control measures identified in the SWP3 must be inspected to ensure that theyof the where vehicles enter or exit the site must be inspected for evidence are operating correctly. Locations sediment tracking. Inspections must be conducted at least once every calendar days and within 24of off -site greater. hours of the end of a storm event of o.e� 14 Where sites have been finally or temporarilystabilized 5 inches or unlikely due to winter conditions (e.g.e lazed or where runoff is ground exists), inspections must be conducted at least once every arid, semi -arid, or drought -stricken areas, inspectionsis covered with snow, ice, or frozen least once eve must be conducted at 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 measured, as well as the approximate beginning and ending dates of winter drought conditions resulting in monthly frequency of inspections.rainfall As an alternative to the above -described inspection schedule or calendar days and within 24 hours of a storm event of o.5 SWP3 bemay developed to require that these inspections of once every 14 every seven developed do If alternative theached inches or greater, then inspection must calendaroccur days If ofh s whether schedule there willd devocceloped, at thent once event since the previous inspection.ule is developed, the has been a rainfall The inspections may occur on either schedule provided that the S the current schedule and that any changes to the schedule are con accordance with the followingSWP3 reflects maximum of one time each month, the schedule change must conducted n provisions: the schedule may be changed a the beginning of a calendar month, and the reason for the schedule be documented in the SWP3be implemented change must season). (e g end of dry season and beginningof "wet" (b) Utility line installation, pipeline construction, and other wet narrow linear construction activities may narrolimitew access to the areasconstruction described in rt ov d examples of long, provide i(a) above. personnel ofh these areas could require that vehicles compromise temporarilyo permanently stabilized areas, cause additional d • 7 (a) above. Inspection the potential for el osion. In these circumstances, controls must be evenn disturbance of soils, and increase at least once every 14 calendar days and within 24 of o 5 inches or greater, but representative inspections may be erf inspected r hours of the end of a storm event representative inspections, personnel must inspect controls along the construction site for 0.2 performed. For 5 mile above and below each access point where a roadway, undisturbed right-of-way construction site and allows access to the are described in Partsimilar feature III F the 7 (a) Page 32 TPDES General Permit TXR150000 Construction General Permit onion ab each inspected o 25 mile portsreach may be Thecon conditions ofthen controls along ion to either the end along thethat next o 25 may considered as representativ�ilehortedition of controls offirst. extending from the end of the o.25 p mile inspected portion or to the end of the project, schedule of once every 14 As an alternative to the above -described inspection these event of o. s will occurs orrater, once calendar days and within 24 hours ostorm event of o.5 inches or greater, the SWP3 may be developed to require thatat th ienspection seven (7)u calendar days. If this of whethertive schedule is or not here hasbeen a rainfall inspection must occur regardlessoccur on either event since the previous inspection. The inspections may schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conductedchanged a maximum of one time eachdin accordance with the following previsions: the schedule may beimplemented at the beginning of a calendar month, onth, the schedule change must be be and the reason for the schedule change Nm� seasodocumented in the SWP3 (e.g end of "dry" season and beginning of access (c)In the event of flooding or other uncontrollable situations which prohibit theins ection sites inspections must be conducted as soon as access is to p practicable. must be necessary, The SWP3 must be modified based Revisions to results the SWP3 must as necess a e, (d) pollutants in runoff.cBMPs omp better control p the inspection. If existing within seven (7) calendar days following an Implementation schedule must possible those changes implemented modified or if additional BMPs are necessary, be before then int she me SWP3 and wheimplementation before the next antas icipated as storm next mpr a event. If es must be implemented storm event is impracticable, these Chang practicable ection, the date(s) of the inspection, (e) A report summarizing the scope of the insp to the implementation of the SWP3 must be and mayor observations relating Major observations should include: made and retained as part of the SWP3•pollutants from the site; The locations of s discharges n es f be mantin or other c ono location and locations 'ons of BMPs that need to be maintaineod;a locations of BMPs that failed to locate operate odesigned MP proved e dedequate particular where additional incidents of non-compliance. Actions taken as a result of inspectioidentify any described within, and retained as a part of the SWP3. Reports mustfiance, report anyincidents of non -comp fiance thewith the Where a report does not identify t the facility or site is in comp must contain to a certification The pmust be signed by the person and in the SWP3 and this permit.reportto Signatories to Reports). o TAC §3o5•128 (relating g manner required by 3 The names and qthe inspections for the qualifications of personnel making th rather than oing included in permittee may be documented once in the SWP3 each report. pollution and ensure the implementation of appropriate g. The SWP3 must identify onsets of the discharge, as prevention measures for all eligible non-stormwater comp listed in Part II.A.3• of this permit. 9' general permit. The SWP3 must include the information required in Part IIIres thaBtcompfy with Part lo. The SWP3 must include pollution prevention procedures III.G.4 of this general permit. Page 33 Construction General Permit TPDES General Permit TXRis0000 Section G. Erosion and Sediment Control Re Except as provided in 4o CFR Requirements Applicable to All Sites general permit, with the exception of 5.32, any discharge regulated under this sites that obtained waivers erosivity, must achieve, at a minimum, the following effluent limitations representing the degree of effluent reduction attainable b based on low rainfall technology currently available (BPT), y application of the best practicablecontrol 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 (b) If any stormwater flow will be channelized at the site, stormwatercontrols must be designed to control both peak flowrates and total stormwater volume minimize erosion at outlets and to minimize downstream channel and must streambank erosion; to (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, maintenance of erosion and sediment controls must address factors such and amount, frequency, intensity and duration of precipitation, the nature of i esulting stormwater runoff, and soil characteristics, including the range of soil asc the sizes expected to be present on the site;tang g particle (f) If earth disturbance activities are located in close proximity to a surface provide and maintain appropriate natural buffers if feasible and as necessary, around surface waters depending on site -specific topography,sensitivity, water, proximity ensitivi to water bodies. Direct stormwater to vegetated areas to increase nd sediment removal and maximize stormwater infiltration. If providing buffers infeasible, the permittee shall document the reason that natural buffers feasible, and shall implement additional erosion and sediment contro rd is sediment load are not is to reduce (g) Preserve native topsoil at the site, unless infeasible; and (h) Minimize soil compaction in post -construction pervious areas. In construction site where final vegetative stabilization will occur or where infiltration practices will be installed, either: areas of the (1) restrict vehicle and equipment use to avoid soil compaction; or (2) prior to seeding or planting areas of exposed soil that have been c use techniques that condition the soils to support vegetative growth, if necessary and feasible; compacted, (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 above. ggering the buffer requirement in Part III.G.(fl 2. Soil stabilization. Stabilization of disturbed areas must, at a minimum, immediately whenever any clearing, grading, excavating, or other earth disturbing activities have permanently ceased on any on any portion of the site and will not resume fora period the site, exceeding 14ra le ceased dar days. In the context of this requii ement "immediately" 1 but no later than the end of the next work day, followingthe day 4 calendar disturbing activities have temporarily or permanently y means as soon as practicable, ntly ceased. Temporary en the earth - Page 34 TPDES General Permit TXR150000 Construction General Permit stabiliza tion must be completed no more than 14 calendar days aftor toite Lion o ooil stabilization measures, and final stabilization must be inatiof permit coverage. In arid, semi -arid, and thought -stricken iareas where non- vegetative p tivenRefer to vegetative stabilization measures immediately y as soon as practicable. vegetative stabilization measures must be employed III.F.2 (b) for complete erosion control and stabilization practice requirements. Part from dewatering es,discharges from 3. Dewatering. Discharges nd excavations, are prohibited l unless managed by dewatering of trenches appropriate controls. implement, and maintain effective 4. Pollution prevention measures. Design, install, imp pollution prevention measures to minimize the discharge i ch rge ofementdpollutants. Atmaintained a minimum, such measures must bedesigned, to: wheel w (a) Minimize the discharge pollutants from equipment and vehicle washing, wash water, and other wash waters. Wash equivalent r better treatment prior to basin or alternative control that provides discharge; products, construction lng pr ducts con truo (b) Minimize the exposure of building materials, building p wastes, trash, landscape materials, fertilizers, pesticides, s,detergents, and to sanitary waste, and other materials present on the site toprecipitation stormwater; and (c) Minimize the discharge of pollutants from spills and leaks, and implement chemical spill and leak prevention and response procedures. discharges are prohibited: 5. Prohibited discharges. The following an appropriate (a) Wastewater from wash out of concrete trucks, unless managed by control (see Part V of the generalpermit); aint, form release oils, curing f (b) Wastewaterds and oter construction her matecleanout rials; (c) p compou operation and (c) Fuels, oils, or other pollutants used in vehicle and equipment maintenance; and (d) Soaps or solvents used in vehicle and equipment washing. 6. Surface outlets. When impoundments, utilize outlet tdischarging basinsand water from the surface, unless infeasible. structures that wi Part IV. Stormwater Runoff from Concrete Batch Plants of stormwater runoff from concrete batch plants at regulated construction sites may be Discharges provisions of this general permit provided that the following authorized under the permit. If discharges s to batch plants are not covered under this general individual permit, of requirements are met for connere batch plants) authorized under t i it or ten disch ter runoff from coized under an alternative general perm then permit does of authorizst be e the discharge or land disposal of any permit. wastewater from This permit do batch plants at regulated construction sites. AAuthorization permitor these wastes must be concrete obtained under an individual permit or an alternativegeneral Section A. Benchmark Sampling Requirements rs of concrete batch plants authorized under this general permit shall sample 1. Operators plants according to the requirements the stormwater runoff from the concrete batch Page 35 Construction General Permit TPDES General Permit TXR150oo0 of this section of this general permit, and must conduct evaluations on the effectiveness of the SWP3 based on the following benchmark monitorin val Table i. Benchmark Parameters g ues: (*1) When discharge occurs. Sampling is required within the first 3o minutes discharge. If it is not practicable to take the sample, or to complete the sampling, of P g, 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 The first sample must be collected during the first full quarter that a stormwater discharge occurs from a concrete batch plant authorized periods. general permit. under this 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 a storm event that is at least o.1 inches of measured precipitation that occurs at least 72 hours from the previously measurable storm discharge resulting from be collected downsti eam of the concrete batch plant, and where the discharge rm event. The sample shall exits any BMPs utilized to handle the runoff from the batch plant, commingling i ge g g with any other water authorized under this general permitto 2. The permittee must compare the results of sample analyses to the benchmark above, and must include this comparison in the overall assessment of the S effectiveness. Analytical results that exceed a benchmark value are not values this permit, as these values are not numeric effluent limitations. ResultsWP3 s are indicators that modifications of the SWP3 should be assessed and a violation of ay be necessary to protect water uali of analyses o eratoi must investigate the exceedance and must document the results of this investigation n theSWP3 bfor beach end of the quarter following the sampling event.y the Page 36 TPDES General Permit TXR150000 Construction General Permit The operator's investigation mustidentify ofrpollution, such as spills that might have (a) any additional potential sour occurred, (b) necessary revisions to good housekeeping measures thatpartof f tPshe Sand' (c) additional BMPs, including a schedule to install or implement t(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 o u the aayusso the cxceebe onsider ered during the to investigation. If the operator is able to re 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. Requirements Section B. Best Management Practices (BMPs) and SWP3 Minimum SWP3 Requirements — The following are r but not limequired in a ition to to Part I other SWP3 3 requirements listed in this general permit this permit):of 1. Description of Potential Pollutant Sourcesthat mays easonably be expected to affectd potential sources (activities and materials) the quality of stormwater discharges associatedth concrete that thatbatch be used to reduce under this permit. The SWP3 must debpractices the pollutants in these dischargs to t, and must ensure the implementation assureof compliance with this general permit, including the protection of waterquality, these practices. of developing this The following must be developed, at a minimum, in support description: information (a) Drainage — The site map must include the following (i) the location of all outfalls for ized discharges under this permitted with concrete batch plants that are author (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 as assoy hide ciateand equipment maind with concrete tenanceplants that are exposed to precipitation: activities (including fueling, repair, and storage areas for vehicles and equipment scheduled for maintenance); liquid ststoareas used rage tanks, materir al pro essrng and storage, or disposal of 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 pri I d lariing the areasothhr erddraMevice useed for the treatment of facility wastewater treatment device) areas with significant materials; and areas where major spills or leaks have occurred. (b) Inventory Exposed Materials to stormwater and that have a potential tat the o batch plant that may be exposed Page 37 Construction General Permit TPDES General Permit TXR150000 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 W.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. (i) 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 SWP 3. Were aproprite, the must specify material handling procedures, storage requ ementsaand use ofP3 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 p1 ogram 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 TPDES General Permit TXR150000 Construction General Permit and at a minimum, must consist of one training prior to the the SWP3, plant. initiation of operation of the concrete batch (e) RecordcKeeping and Internal Reporting Procedures - A description of spills and ' 'lar incidents, plus additional information ressthat is obtained iegarding the must be included in the SWP3• semi of stormwater discharges, quality and quantity activities must be incorporated in the SWP3. Inspection and maintenance activities must be documented andrecords p those inspection and maintenancerunoff or concrete batch plants by diverting Management of Runoff - The SWP3 shallcontain a narrative consideration for ( Mdog ponds, reducing the volume of runoff from CO use of infiltration, detention otherwise managing runoff, including ponds, or reusing of runoff. retention year, one or more Hance Evaluation — At least once pergeneral permit, 3. Cqomprehensive Comp person or persons with knowledge of this g ner ls) permit, the the concreteipersonnel plant,e., a p related to the The ee valuation must for the the batchdand the SWP3 lude site) shall conduct a compliance evaluation of the plant. the following.regulated stormwater (a) potential associated withts entering concrete batch la of sfor evidence of, or the p batch p hoppers n silos, areas, dust the drainage system. These include but are not limited cleaorning material handling areas, above ground storage tanks, ui most cleaning nted to reduce pollutants in runoff � (including mustingbe a collection/containment systems, and truck wash down andequipment q structural Measures is andm implementation of management areprimplemented b vevaluated controls and imp are effective and if theyermi implemented e's SWP3. The evaluated to determine if they permit and with the p implement accordance with the terms of this needed to imp operator shall conduct a visualpinspection of equipment the SWP3 such as spill response equipment. the following must be revised as ppotentials (b) Based ri the results of the evaluation, required es Part 0 of ro riate within two weeks of the evaluation:Pthe description of app p dilution prevention pollutant sources identified in the SWP3 and p B 2., `Description of Potential Pollutant Sources"); (as required in Part do The revisions may include a schedule for measures anal Controls"). intro SWP3 "Measures a implementing the necessary changes. a report summarizing the (c) The permittee shall prepare and include in the SWP3 personnel malung the evaluation the date(s) of the scope evofaluation, the evaluation the p to the implementation of the erymust WP3, and actonsto major r observations find relating Where the report does not identify actions taken in response to thenfi noncompliance. of the evaluation. The report the identify any incidents of ance, P report must contain a statement Nance, the rep and the report must be signed incidences of noncompliance, anyincidence(s), fits. evaluation did not identify relating to Signatories to Rep according to 3o TAC §305.128, (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 production including aincluding wastewater ewt Wastewater adischarges application are not with under this generalwater.These quality aby land an authorized manner. Discharges of oncrance ith theete wastewater discharges must be authorized under an alternative TCEQd permit r otherwise ru disposed of in wash out at construction sites may be authorized if conducted in actor requirements of Part V of this g permit. Page 39 Construction General Permit Part V. Concrete Truck Wash Out Requirements This general permit authorizes the wash out of concrete trucks at co under Sections II.E.i., 2., and 3 of this general permit construction sites regulated are met. Authorization is limited to the land disposal of wash out water trucks. Any� provided the following requirements other direct discharge of concrete production waste water mustbe a concrete under a separate TCEQ general permit or individual permit. authorized 1. Direct discharge of concrete truck wash out water to surface water in including discharge to storm sewers, is prohibited by this general permit. 2. Concrete truck wash out water shall be discharged the state, where structural controls have been established to prevent direct discharge to surface p waters, or to areas that have a minimal slope t g d that allow to areas at the construction site wash out water to prevent direct discharge to surface waters Structural and filtering of controls consist of temporary berms temporary shallow pits, temporary storage tanks with slow rate release, or other reasonableunoff gntrols may construction site. measures to prevent r from the 3. Wash out of concrete trucks during rainfall events shall be minimized. discharge of concrete truck wash out water is prohibited at all times, shall insure that its BMPs are sufficient to prevent the discharge o The direct wash out as the result of rainfall or stormwater runoff gf concrete truck and the operator 4. The discharge of wash out water must not cause or contribute to r contamination. g oundwater 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 from the date that a NOT is submitted as required by Part II.E.3 NOT is not required, records shall be retained for a p rod of three (3) years the date that the operator terminates coverage under Section IIminiFor activities period of three (3) ) years from which an include: F•3• of this permit. Records 1. A copy of the SWP3; 2. All notice; and actions required bythis permit, including a copy of the construction 3. All data used to complete the NOI, if an NOI is required for coverage under this general permit; and 4. All i ecoi ds of submittal of forms submitted to the operator of any MS4 receiving the i discharge and to the secondary operator of a large construction site Part VII. Standard Permit Conditions f applicable. 1. The permittee has a duty to comply with any permit condition is a violation of the permit permit conditions. and statutes Failure to comply issued, and is grounds for enforcement action, for terminating,rev coverage under this general permit, or for requiring a discharger to under which it was obtain an individual TPDES revoking, or denying 2. Authorization under this general permit maybe gapply for and Filing a notice of planned changes or anticipated non-compliance by suspended or revolted for cause. does not stay any permit condition. The permittee must furnish to director upon request and within a reasonable time, any informa • the permittee the executive director to determine whether cause exists for rev the executive information necessary for revoking, suspending, or Page 4o TPDES General Permit TXR150000 TPDES General Permit TXR150000 Construction General Permit the permittee must terminating authorization under this permit. e qu request, ies of all records that the provide to the executive director, up permittee is required to maintain as a condition of this general permit. at it 3. It is not a defense for a discharger in tted activity to maintaienforcement actionn compl and ed hwithavetheeen necessary to halt or reduce the perms permit conditions. Inspection and entry shall be allowed under TWC Chapters 26-28, Texas statement and Safety Code §§3 4 61.032-361.033 and 361.037, and 4o CFR §122.410). in TWC §26.014 that commission entry of a facility shall me nil security and fire r according to an establishment's rules and regulations concerning safety, to any part security the facility fire or protection is not grounds for denial or restriction of entry tof rules and site, but merelyduringi 5. The discharger is subject to dmi for violations , antiding but not licriminal mited to the lties, as applicable, under TWC Chap7 following: 0 3 3 (a) negligently or knowingly violating the federal CWA §§301, 302, 06, 7, 3°8, 318, or 405, or any condition or limitation implementing any sections in a permit issued under CWA §402, of any requirement imposed in a pretreatment program approved02 under CWA §§4 (a)(3) or 4o2(b)(8); (b) knowingly making any false statement, representation, or certification in any record or other document nb repslortor report of compliance orrequired to be d under a permit, including monitoring 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 byt e executive §3051 8i (ectori g must be signed by the person and in the manner required by 3o Signatories to Reports). e or water rights of 7. Authorization undnro�his general ermit does not xclusive privi egeconvey prop �Y any sort and does grant any ee in 8. The permittee shall take all reasonable steps to minimize or prevent any likelihood of adversely discha h rgman violation of this permit that has a reasonable 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 conditions ons of nances) which is permitled or used by the permittee to achieve compliance with theratory controls and Proper operation and maintenance also includes Thiss adequate provision requ�res the operation on of appropriate quality assurance procedures.P permittee back-up or auxiliary facilities or similar systems h eme comlch are pliancenwth the conditions of the only when the operation is necessary permit. 10. The permittee shall comply with the reporting requirements in 4o CFR §122.41( , as applicable Part VIII. Fees 1. A fee of must be submitted along with the NOI: (a) $325 if submitting a paper NOI, or (b) $225 if submitting 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. TPDES General Permit TXR150000 Construction General Permit Appendix A: Automatic Authori Egable Date Ranges Periods of Low Erosion Potential by County - Ector: Nov.15 - Apr. 30 Edwards: Dec.15 - Feb. 14 El Paso: Jan. 1-Jul.14,orMay 15-Jul. 31, or Jun. 1 - Aug.14, or Jun.15 - Sept. 14, or Jul. 1 - Oct.14, or Jul. 15 - Oct. 31, or Aug i - Apr. 3o, or Aug.15 - May 14, or Sept. 1 - May 30, or Oct. 1 - J Jul1 4or Nov. 1 - Jun. 30, or Nov.15 - 14 Fisher: Dec.15 - Feb.14 Andrews: Nov.15 - Apr. 30 Archer: Dec. 15 - Feb.14 Armstrong: Nov.15 - Apr. 30 Bailey: Nov.1- Apr. 30, or Nov.15 - May 14 Baylor: Dec.15 - Feb.14 Borden: Nov.15 - Apr. 30 Brewster: Nov.15 - Apr. 30 Briscoe: Nov.15 - Apr. 30 Brown: Dec.15 - Feb.14 Callahan: Dec.15 - Feb.14 Carson: Nov.15 - Apr. 30 Castro: Nov.15 - Apr. 30 Childress: Dec.15 - Feb.14 Cochran: Nov. 1 - Apr. 30, or Nov.15 May 14 Coke: Dec.15 - Feb.14 Coleman: Dec.15 - Feb.14 Collingsworth: Jan. 1 - Mar. 30, or Dec. 1 - Feb. 28 Concho: Dec. 15 W. Feb.14 Cottle: Dec.15 - Feb. 14 Crane: Nov.15 - Apr. 30 Crockett: Nov.15 - Jan.14, or Feb.1- Mar. 30 Crosby: Nov.15 - Apr. 30 Culberson: Nov. 1 - May 14 Dallam: Nov. 1 - Apr.14, or Nov.15 - Apr. 30 Dawson: Nov.15 - Apr. 30 Deaf Smith: Nov.15 - Apr. 30 Dickens: Nov.15 - Jan. 14, or Feb. 1 - Mar. 30 Dimmit: Dec.15 - Feb.14 Donley: Jan. 1 - Mar. 30, or Dec. 1 - Feb. 28 Eastland: Dec.15 - Feb.14 Floyd Nov. 15 - Apr. 30 Foard: Dec.15 - Feb.14 Gaines: Nov. 15 - Apr. 30 Garza: Nov.15 - Apr. 30 Glasscock: Nov.15 - Apr. 30 Hale: Nov.15 - Apr. 30 Hall: Feb. 1 - Mar. 30 Hanford: Nov.15 - Apr. 30 Hardeman: Dec.15 - Feb.14 Hartley: Nov.15 - Apr. 30 Haskell: Dec.15 - Feb. 14 Hockley: Nov. 1 - Apr.14, or Nov.15 - Apr 30 Howard. Nov.15 - Apr. 30 Hudspeth: Nov.1- May 14 Hutchinson: Nov.15 - Apr. 30 Trion: Dec.15 - Feb. 14 Jeff Davis: Nov. 1 - Apr. 30 or Nov. 15 - May14 Jones: Dec.15 - Feb. 14 Kent: Nov.15 - Jan. 14 or Feb. 1 - Mar. 30 Kerr Dec.15 - Feb.14 Kimble: Dec.15 - Feb. 14 King: Dec. 15 - Feb.14 Kinney: Dec.15 - Feb.14 Knox: Dec.15 - Feb.14 Lamb: Nov. 1 - Apr.14, or Nov.15 - Apr. 30 Page 43 Construction General Permit Loving: Nov. Apr. 30, or Nov. 15 - May 14 Lubbock: Nov. 15 - Apr. 30 Lynn: Nov. 15 - Apr. 30 Martin: Nov. 15 -Apr. 30 Mason: Dec. 15 - Feb. 14 Maverick: Dec. 15 - Feb 14 McCulloch: Dec. 15 - Feb. 14 Menard: Dec. 15 - Feb. 14 Midland: Nov. 15 -Apr. 30 Mitchell: Nov. 15 -Apr. 30 Moore: Nov. 15 - Apr. 30 Motley: Nov.15 - Jan. 14, or Feb. 1- Mar. 30 Nolan: Dec. 15 - Feb.14 Oldham Nov. 15 -Apr. 30 Parmer: Nov. 1- Apr. 14, or Nov. 15 - Apr. 30 Pecos: Nov.15 - Apr. 30 Potter: Nov. 15 - Apr. 30 Presidio: Nov. Apr. 30, or Nov. 15 - May 14 Randall: Nov. 15 - Apr. 30 Reagan: Nov. 15 - Apr. 30 Real: Dec. 15 - Feb. 14 Reeves: Nov. 1- Apr. 30, or Nov. 15 - May Runnels: Dec. 15 - Feb. 14 Schleicher: Dec. 15 - Feb. 14 TPDES General Permit TXR150000 Scurfy: Nov. 15 - Apr. 30 Shackelford: Dec. 15 - Feb. 14 Sherman: Nov. 15 - Apr. 30 Stephens: Dec. 15 - Feb. 14 Sterling: Nov. 15 - Apr 30 Stonewall: Dec. 15 - Feb. 14 Sutton: Dec. 15 - Feb.14 Swisher: Nov. 15 - Apr. 30 Taylor: Dec. 15 - Feb. 14 Terrell: Nov.15 - Apr. 30 Terry: Nov. 15 - Apr. 30 Throckmorton: Dec. 15 - Feb. 14 Tom Green: Dec.15 - Feb. 14 Upton: Nov. 15 - Apr. 30 Uvalde: Dec. 15 - Feb. 14 Val Verde: Nov. 15 - Jan. 14, or Feb. 1- Mar. 30 Ward: Nov. 1- Apr. 14, or Nov. 15 - Apr. 30 Wichita: Dec. 15 - Feb 14 Wilbarger: Dec. 15 - Feb. 14 Winkler: Nov. Apr. 30, or Nov. 15 - MaY 14 Ma Yoakum: Nov. 1- Apr. 30, or Nov. 15 - Y 4 Young: Dec. 15 - Feb. 14 Wheeler Jan.1- Mar. 30, or Dec. 1- Feb. 28 Zavala: Dec. 15 - Feb. 14 Page 44 TPDES General Permit TXR150000 Construction General Permit Appendix B: Erosivity Index (EI) Zones in Texas n 6 i 4. 1 I- 1 It 1 5 at 1 11/.1 tt 1!"MEe l'arta16r r a a6 i_ ®'�- I06r 16E1 r 1 a• r' 6 t i II a t t 1 I" tall kale 1 3 3 Q r d 6 r®I�er rG1:a rc a. / *Wit 1.11, i..1®Il r. ,10 6.. wag on 144 SS ESS SSA it Si r e 1t. 1t �t&.1f11� 9iG6x _•.••. � icuiture Handbook 703 "Predicting Soil Erosion by Water: A Guide to Chapter 2 ofUSDAAg ' Equation (RUSLlE U.S. Department nt of Adapted from Chap Conservation Piacultural ResearclSe Revised� Universal Soil Loss Agriculture, Agricultural Page 45 Construction General Permit TPDES General Permit TXR150000 Appendix C: Isoerodent Map t Adapted from Chapter 2 of USDA Agriculture Handbook o 3: "Predicting Soil Conservation Planning With the Revised UniversaI Soil Loss Equation (RUBLE)," Agriculture, Agricultural Research Service by Water: A Guide to � U.S. Department of Page 46 EI 89 90 91 92 93 94 95 96 97 io6 TPDES General Permit TXR150000 Construction General Permit Appendix D: Erosivity Indices for EI Zones in Texas Periods: 1 Each period the date listed in the table above and lasts until the day before the period begins on December 11 and ends on December 31. following period. Thheefinal p "Predicting Soil Erosion by Water: A Guide to Handbook 703:» U.S. Department W t e : Auit adapted from Chapter the2 USDA Agricultureuation (RUSLE), Table adap �' With Revised Universal Soil Loss Equation Conservation Planning Agricultural Research Service 0 I TCEQ Office Use Only Permit No : RN: CN: Region: �•--■ for Notice of Intent (NOI) StormWater Discharges 1`,it under TPDES Associated with Construction Act y General Permit (TXR1S0000) IMPORTANT: • Use the INSTRUCTIONS to fill out each question in this form. out all equired KLIST to make certain all you filled result rin automatic information. • Use the approval or Incompleetete applications WILL delay app • Once processed your permit can be viewed at: htt U • ww�v2.tcea texas ov w dua/index cfm / /--r------ now for online NOT: htt s: www tee texas _ov steers index.c ePERMITS: Sign y a m $225 reduced application fee by using ePermits. • You must payapplication Fee to TCEQ for the paper application to be APPLICATION the $325 complete. • Payment and NOI must be o mailed to separate addresses. •Did you know you can pay mdex.cfin WATER Go to htt. s: www .tcec .texas. _ ov e a • GENERAL PERMIT CONSTRUCTION STORM • Select Fee TypeAL DISCHARGE NOI APPLICATION Provide your payment information beNo.: for verification of payment: • ❑ Mailed Check/Money Order Name Printed on Check: Voucher No.: attached? ❑Yes SPAY Is the Payment Voucher copy RENEWAL Is this NOI a Renewal of an existing General Permit Authorization? 2oi3.) (Note: A permit cannot be renewed after June 3, ❑Yes The Permit number ranew number will be assigned.) (If a permit number is not provided, ❑No -I) OPERATOR (Applicant) what is the Customer Number If the applicant is currently a customer with search for your CN at: (CN) wat: istSearch issued to this entity? You may htt wwl2.tce .texas. ov cr ub index.efm?fiseactlon=cost. t CN Page 1 TCEQ 20022 (03/05/2013) 'n b) What is the Legal Name of the entity (applicant) applying g for this permit? spelled exactly as filed with the Texas Secretary of State, County, or (The legal name must be sp the entity.) in the legal document forming application? The person must be an c) What is the name and title of the person signing the official meeting signatory requirements in TAC 305.44(a) executive Suffix' Prefix (Mr. Ms. Miss). __ ------ Credential First/Last Name: Title: contact information and mailig d) What is the Operator Contact's (Responsible n AuthorityYou may verify the address an address as recognized by theacUS Postal Service CUSPS)? htt //z1 uses com welcomes Fax #: Phone # E-mail: Mailing Address: (Mail Code, Etc.) State: ZIP Code: Internal Routing ( Postal Code: City: Country Code: Postal outside USA: Territory: Customer (The instructions will help determine your customer type e of 0 Sole Proprietorship-DBA e) Indicate the type 0 Limited Partnership 0 Corporation ❑ Individual 0 General Partnership Corporation Government ❑ Joint Venture 0 Estate 0 City Government ❑ Trust 0 County Government ❑ State Government ❑ Other Government 0 Yes CI No p 0 Independent Operator? or art of a larger corporation, check "No" .) (If governmental entity, subsidiary, �51-500; or ❑ 501 or higher g) Number of Employees: []101-250; ]1) Customer Business Tax and Filing Numbers: Required for Individuals, (REQUIRED for Corporations and Limited Partnerships. Not 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 this application, who If TCEQ needs additional information regarding nt identified above? application contact the same as the applica Is the No, complete section below. ❑Yes, go to Section 3) Prefix (Mr. Ms. Miss): First/Last Name: Title: TCEQ 20022 (03/05/2013) uld be contacted? Credential: Suffix: Page 2 Organization Name: Phone No.: E-mail Mailing Address: Internal Routing (Mail Code, Etc.): City: State: Mailing Information if outside USA: CTerritory:______--CountCode: Postal Code: Territory: 3) REGULATED ENTITY. (RE) INFORMATION DN PROJECT OR SITE the site of your business is part of a larger business site orootherbe assigned for the aced at If r this site before yours, a Regulated Entity Number (RN) mayalready 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 htt : wWW12 tce .texas. ov cr ub index.cfm?fiiseaction=re ent.RNSearch. the If the site is found, provide the assigned Regulated Entity R a ion below. The site information erence Number and provide from the largers information for the site to be authorized through it information. for this authorization may vary RNa) TCEQ issued RE Reference Number (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): ext: Fax Number: d) County (or counties if > 1) Longitude: e) Latitude: 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. provide Verify the address with USPS. If the address delivery, T91g emergenczed as a aor other online map the address as identified for overnight mail tools to confirm an address. Physical Address of Project or Site:Street Name: Street Number: State: Texas ZIP Code: City: 0 ZIP Code: TCEQ 20022 (03/05/2013) 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. Sth located 2 miles west from intersection of Hwy 290 & IH35 ou accessible on H City where the site is locate • or, State: Texas of in a city, what is the nearest city: ZIP Code where the site is located: q) GENERAL CHARACTERISTICS n Country Lands? h EPA, Region 6. a) Is the projecf tite answer d soes, you must obtain authorization throug ❑ Yes - If the answer is Yes, y No would be ty associated with a facility that, when complete&geothermal b) Is your construction withthec exploration, development, or production of oil or gas or g associated with the resources? Yes,wer is you may be under Jurisdiction u h EPARailroad Cob mission 0 Yes - Iof the f Texas sand may need to obtain authorization thr g No construction activity Code that best describes the What is the Primary Standard Industdr a he site? ation (SIC) c) being conducted Primary SIC Code: d) If applicable, what is the Secondary SIC Code(s): e) What is the total number of acres disturbed? ment or sale? }) Is the protect sitepartef alarger common plan of develop acres. 0 Yes - If the answer is Yes, the total number of acres disturbed can bbe 5 o more. If then the project site does not (�N o - If the answer is No the is dis turbed bed is less thandisturbedber of acres tmustwill be denied. o See the totalf number of acres i for coverage through this Notice of Intent Coverage qualify general permit for small construction sites. the requirements in the otential g) What is the name of the first water body(s) to receive the stormwater runoff or p runoff from the site? of the classified water body(s) that the discharge will h) What is the segment number (s) eventually reach? Page 4 TCEQ 20022 (03/05/2013) i) Is the discharge into an MS4? 0 Yes - If the answer is Yes, provide the name of the MS4 operator below. J) 0 No If Yes, provide the name of the MS4 operator: general permit requires you to send a copy of the NOI to the MS4 operator. Note: The g bodies receiving discharges from the construction site on the latest EPA -approved CWA 3 Are any of the surface watero3(d)List of impaired waters? below. provide the name(s) of the impaired water body(s) 0 Yes - If the answer is Yes, 0 No If Yes, provide the name(s) of the impaired water body(s): discharge within the Recharge Zone Contributing Zone, or k) Is the discharge Zoner potential Transition 0n Contributing defined in TAC Contributing within the Transition Zone of the Edwards Aquifer"Yes." C checking Chapter Yes - If complete certification below by [] - the answer is Yes, El No the Edwards Aquifer Rule I certify thatCa copy of the TCEQ approved Plan required by ) is either included or referenced in the Stormwater Pollution (3TAC hapter 21 3 Prevention Plan. 0 Yes Page 5 TCEQ 20022 (03/05/2013) 5) CERTIFICATION ` in Check Ye s to the certifications below. Failure to indicate Yes to ALL items may result denial under general d understand the terms and conditions of the a) for this permit has been provided b) (NOT) must be submitted when this c) certify that a Stormwater Pollution PreventionPlan has knowledge and belief be d) I c fY implemented prior to construction and to the bestprepare a shared rs who compliantgeneral with any applicable local sediment and erosion control plans as required in the general permit T i0n of ao o• operator maybe limited to tNote For multiple sobligation s nder the SWP3, the confirmation of an p at least one operator. ❑ SWP3 provided all obligations are confirmed by of coveragethe permit I certify that I have obtained a copy an un ers ❑Yes Construction General Permit (TXR150000) I certify that the full legal name of the entity applying o ❑Yes and is legally authorized to do business in Texas. I understand that a Notice of Termination ❑Yes authorization is no longer needed. Operator Certification: I, Tye dor printed name Title underpenalty of law that this document and all attachments were prepared under my certify that of the person n or supervision in accordance with a system designed 1 Bssed on myenqu inquiry qualified personnel direction p properly ersons gather and evaluate the information sons dire knowledge and ttrue, or ho manage the system, or those persons dire0cflmrel ponsiblg for gathering the persons w fase information, the information submitted is to the est Y and complete I am aware there are ncant lfor knowi submitting ations. accurate,possibility of fine and information, including the p tY that I am authorized under 3o Texas Administrative Code 305.44 to sign and submit furthercertify provide documentation in proof of such authorization upon this document, and can request Signature: TCEQ 20022 (03/05/2013) (Use blue ink) Date: Page 6 Notice of Intent (NOI) for Stormwater Discharges Associated with under TPDES General Permit (TX 5 Construction Activity l o 0 0 0) General Information and Instructions Whereto Send the Notice LIntent `(NOI). BY REGULAR Texas Commission on Environmental Quality Stormwater Processing Center (MC228) P.O. Box 13087 08 Austin, Texas 78711- 3 7 oo, swpermit@tceq.texas.gov App TCEQ Contact List: questions: 512/239-37 tce texas.gov Technical - status and form q 512/239-4671, swgp@ q Technical questions: 512/239-o600 Environmental Law Division: 12 239-0900 Records Management - obtain copies of forms: 51 �239_0900 (3282) 018� Reports Cashier's databases (as available 512/23g-oAT357 2/239- Cashier's office: bythe program, the form will be processed as follows: Notice u NOI is Process: When your NOI is received complete response. of State as valid inion, th o Review: legal Each item me on mustthe form will be reviewed for a be verified with Texas SecretaryUS Postal 1) Administrative operator's name Ind actin (f a pp The address(s) on the form must be verified with theaddress. applicable). Never give an overnight/express mailing and active e ivi regular mail delivery. service as receiving g If an item is incomplete or not verifiable as operatorwillhave above, days to 2) Noticeieof Deficiency: fy will be mailed to the operator. The op notice of deficiency (NOD)completeness. respond to the NOD. The response will be reviewed for comp Certificate will be mailed to the ent of Coverage: An Acknowledgment Ce permit. 3) operator. dgm es coverage under the general operator. This certificate acknowledges to the NOD or the response is -oa e If the operator fails to respond is denied, the Denial aoft v rag general permit may be denied. If coverage inadequate coverage under the operator will be notified. provisional coverage under the general General Permit (Your Permit) through ePermits, p the TCEQ. For permit b gins submitted electronically ofirmation of receipt of the NOI form by begins immediately following ins days after a provisional coverage under the general permit beg 7 Y For paper NO, p ostmarked for delivery to the TCEQ. completed NOI is p TCEQ-20022 Instructions (03/ 05/ 2013) BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Stormwater Processing Center (MC228) Circle 12100 Park 35 Austin TX 78753 Page 1 You should have a copy of your general permit when submitting and print your permit for which you are seeking coverage, on the TCEQ web site htt»: //www.tceq.texas. ov. Search using key word TXR1 00o your application. You may view General Permit Forms 5 0. The Notice of Intent (NOI), Notice of Termination (NOT), (including instructions) are available in Adobe Acrobat PDFformat Notice Change littu //www.tceq.texasoy on the TCEQ Q web site 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 days prior to the change in Operator status operator must submit a Notice of Intent. The NOT and NOI must be submitted noelnew ater than 10 TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not TCEQ After final acknowledgment of coverage under the send a Core grog ram will Data Form to general permit, the program assign a Customer Number and Regulated Entity Number. You can find the information on the Central Registry web site at htt WWW12 tce. texas. ov cr ub mdex.cfin. You can search by the Regulated Entity (RN), Customer Number (CN) or Name (Permittee), or by your permit labeled "Additional ID". Capitalize all letters in the permit numb under the search field The Customer (Permittee) is responsible for providing consistenter. for updating all CN and RN data for all authorizations as changes information to t General Permits, a a TCEQ, Notice of Change form must be submitted to the program area.g occur. For Generand Fees associated with a General Permit Payment of the fee may be made by check or money order, payable (electronic payment through the web). Yble to TCEQ, or through EPAY Application Fee: This fee is required to be paid at the time the submit payment at the time the application is filed will cause dela sin a1submitted. Failure to denial of coverage under the general permit. Y in acknowledgment or Mailed Payments: ments: Payment must be mailed under separate cover at one attached Application Fee submittal form. DO of the addresses below using the THE APPLICATION FEE SUBMITTAL FORM) SEND A COPY OF THE NOI WITH BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL Financial Administration Division Texas Commission on Environmental Quality Texas Commission on Environmental Quality Cashier's Office, MC-214 Financial Administration Division P.O Box 13088 Cashier's Office, MC-214 Austin, TX 787u-3088 12100 Park 35 Circle Austin, TX 78753 TCEQ-20022 Instructions (03/05/2013) Page 2 texas �°v�epa ePcAY E ctrome Payment: hn��tce0 ttp•/ /�'`'� uali ,and then select the fee category When making the payment you must select Water Q �' Application". You must includeete "General Permit Construction Storm Water atNOlisYou gNOie Owillnot be considered comp a copy of the payment voucher withyoui the payment voucher. THE NOI FORM. expired INSTRUCTIONS FOR FILLING OUT TI holding active authorizations under the umber The existings permit Renewal of General Permit. or has been terminated, expired, or denied a General Permit are required to submit is ot provided continue coverage. is required. If the permit numb new permit number will be issued. i.' Operator (Applicant) a) Enter assigned Customer Number (CN) ins with CN, followed by 's Central Registry will assign each customer sat� Lion number, or license number. TCEQ permit number, registration nine digits. This is not a number enter tCNperblank. e's CN. If this custom er has not been assigned a CN, leave e space for the CN blan t. If this customer has already been assigned this Provideb) Legal Name name of the permittee, as authorized to do business in Texas. xn other legal nameu the becuprovidedrent legal xa of State (SOS), contact name must be where doing business. You may exactly as filed with the Texas Secretary Texas. If filed in the county documents forming the entity, that is filed in the county to for more informationof the legal documents showing the legal name. wthere doingS 5business, rovide a copy where business, p c) Person Signing Application section 5) Certification. Provide information about person signing onsible Authority) Contact Information and Mailing d) Operator Contact's (Res P The address must be Address address for receiving mail from the TCEQ. Provide a complete mailing the USPS web search, US Postal Service at http• / /www•usp of verifiable using mail delivery (not overnightve rble with exptheress Ifyou find that the address is otmail delivery. express mail). the USPS for regular please indicate the address is used by erator. Leave Extension blank The area code and phone number should provide contact to the op if not applicable. to the operator. The fax number and e-mail address are optional and should correspond e) Type of Customer (Entity Type) e of entity. Use the descriptions the name that must be Check onlyaone box that identifies the type e also indicates appropriate entity type Note that the selected or type provided as an applicant for a permit, registration Page 3 TCEQ-20022Instructions (03/05/2013) Sole Proprietorship — DBA A sole proprietorship is a customer that is owned by only one person incorporated. This business may: • be under the person's name p son and has not been • 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' 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 nameof the individual Individual (regulated entity). 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 bythe of State Office (TX SOS). A Limited Partnership or Limited Liability (Partnership) is required to file with the Texas Secretary Texas Secretary Partnership or Joint Venture rs not required to registere Partnership state. • Partnership of State. A General p (Limited Partnership or Limited Liability Partnership): limited partnership is defined in the Act as a partnership persons under the provisions of Section 3 of the Uniform Limited Partnership A (Art. 6132a, Revised Civil Statutes of Texas) and haven formed by two or more general partners and one or more limited partners. The limitedartners su Act are not bound by the obligations of the partnership. L g as members one or more take part in the day-to-dayo partners partners maay not such operations of the business. Limited 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 Secretary of State. The partnership s name must contain the words Limited Liability Partnership" or the abbreviation "L.L.P.' as Texas letters of its name. Registered • General Partnership: the last words or g partner may or running the partnership and is liable for all acts nmay not Invest any member of it. A General Partnership does not have limitedparticipates in General Partnership, there is no registration debts of the partnership and agreement necessarywith the state ore en written Forners. a for a general partnership to be formed. The legal definition of a partnership is gener ally stated as ' an association of two or more persons carry on as co -owners a business for profit" (Revised Uniform Partnership AAct § to 101 [1994])•, A joint • Joint Venture • venture is but another name for a special partnership. It might be distinguished from a general partnership in that the latter the transaction of a general business, while a joint venture is usuallyp single transaction. That is, anoint venture is a special combination is formed for the nature of a partnership engaged in the joint prosecution limited to a transaction for mutual benefit or profit. Ion of a particular of persons in 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 (03/05/2013) Page 4 • has proper operating authority to operate in Texas. The oration's `legal name' as filed with the Texas Secretary of State must be • corporation's 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 ofone agency's legal name' must be provided asthe ppone of these levels of government or the governmental body itself. The go applicant. A department name or other description of the organization should notbe included as a part of the 'legal name'as applicant. Trust or Estate the trustee/executor with A trust and an estate are fiduciary relationships governing respect to the trust/estate property. Other Government A utility district, water district, tribal government, specific lltype of governmentl of governments, or river authority. Write in 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 an at all for this customer's entire company, application. Check one box to show the number of employees at the site named in the locations. This is not necessarily the number of employees h) Customer Business Tax and Filing Numbers required for Corporations and Limited Partnerships. These are not required for These are req Individuals, Government, and Sole Proprietors. State Franchise Tax ID Number Corporations and limited liability companies that operate in Texas are issued a franchise enterer identification number If this customer is a corporation or limited liability company, this number here. Federal Tax ID have except for some proprietors individuals, or general partnerships All busificcation number (TIN). Enter this number here. Use no should havveeesa federal taxpayer identification prefixes dashes, or hyphens. Sole proprietors, individuals, or general partnerships do not need to provide a federal tax ID. TNumber of State Co SOS Charter (filing) to callingarSOS at Corporations and Limited Partnerships requiredobtain further information Secretary p number. You Y are issued a charter or filing 512/463-5555• DUNS Number Most businesses have a DUNS Sy stem) number issued by Dun this � ustome has one, ententerbt here. and Bradstreet Corp. If Page 5 TCEQ-20022lnstructi0ns (03/05/2013) 2• APPLICATION CONTACT Provide the name, title and communication information of the person that TC additional information regarding this application. EQ can contact for 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 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 thisa tla activity blank. space bla If the site of your business is part of a larger business site, a Regulated Entity already be assigned for the larger site. Use the RN assigned for the larger site Central Registry to see if the larger site may already be registered as Number (RN) may htt www12.tce .texas, ov cr ub mdex.cfm?fuseaction=re ent. a regulated site at: g Search TCEQ's If the site is found, provide the assigned Regulated EntityRNSearcll the information for the site to be authorized through this pplicationnceNumThe site information for this authorization may vary from the larger site information (RN)ber and provide An example is a chemical plant where a unit is owned or operated by a separate is accessible by the same physical address of your unit or facility. Other exam industrial parks identified by one common address but different corporationsP corporation that f defined areas within the site. In both cases an RN would be assigned examples include location and the permitted sites would identified separately under thehave control s beg ed for the physical address 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 name you provide on this application will be used in the TCEQ Central Registry as the Regulated 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 For help obtaining the latitude and longitude, go to: htt � www.tce .texas.ov • �s decimal form. samaview.html or httu.://nationahnaov/ustoJ)o 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 USPS delivery need to validate the address with your local police (911 service) or through an online map site route or post office box for a site location. used to locate a site Please confirm this to be a complete and valid Pa address, you may ddress. Do not use a rural TCEQ-20022 Instructions (03/05/2013) Page 6 l If a site does not have an address that includesSection A. In Section)B provide a compete writtennumber and t name, enter NO ADDRESS for the street name location description. For example: "The site isolocated f the Hwy 290 South bound lane." intersectionofHwy 290 & IH35, located on the southwest corner Provide the city (or nearest city) and zip code of the facility location. 4. GENERAL CHARACTERISTICS a) Indian Country Lands Lands, the TCEQ does not have authority to process If your site is located on Indian Country 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 p roduction of oil, gas, or geothermal resources you may p p production, Y If your activity is associated with oil and gas exploration, development, or p nder urisdiction of the Railroad Commission of Texas and may need to obtain authorization be u � from EPA Region 6. For more information, see: dir=& rloc=& tlo htt mfo.sos.state.tx.us Is ub readtac',ext.TacPa.e.s1=R&a p_ c & loc-& =i&U tac=&ti=i6&Ut=i&ch= d1=so Construction activities associated with a facility related to oil, gas or geothermal resources may rocessing facility; compressor station; include the construction of a well site; treatment orstoragefacility; underground hydrocarbon or natural gas storage facility; reclamation plant, gaspd terminal facility where crude oil is stored prior Xoaefining ane logic s or geat ifacility; and a gathering, ch refined products are stored solely for use at the facility; a carbon dio gde transmission or distribution pipeline that will transporthe use rothe oil or natural gas In any , including natural gas liquids, prior to refining of such oil or manufacturing process or as a residential or industrial fuel h construction Wheres e required by federal law, discharges of stormwater ssocit associated wit EPA and the Rail tads under the Railroad Commission s jurisdiction must be authorized Comm ission of Texas, as applicable. Activities under Railroad Commission of Texas jurisdiction include construction of a facility that, whencompleted,geothermal would be �esourdCes, such as a well wih the exploration, development, or production of oilor gas or site treatment or storage facility; underground hydrocarbon station; terminal facility where crude oil reclamation plant; gas processing facility; compressor is stored prior to refining and at which refined productsjurisdiction of the Railroad Commission of facility; a carbon dioxide geologic storage facility under the rt Texas; and a gathering, transmission or distribution ipipeline such woill transposer crude the udeoil or natural natural gas, including natural gas liquids, prior to re g gasel. T ilroa Com in anymanufacturing process or as a residential or industrial fudisturbance assocaaed wdh a si mission oof Texas also has jurisdiction over stormwater from land survey that is conducted prior to construction of a facility that would be regulated by the Railroad Commission of Texas. Under 33 U.S.0 § 342 1 (2) and §1362(24), EPA cannot require permith for discharges of stormwater from "field activitoperations,rpeiosoassociated soci t transmission{oil facilities, a processing, or treatment and gas} exploration, production, and for including activities necessary to prepare a site for drlg or operathons may be cons dered to be placement of drilling equipment, whether or not such field activitiesoverburden, construction activities' unless the discharge is contaminatedby , conwaste tact with any y olocated n on raw material, intermediate product finished product, byproduct, the site of the facility. Under §3 8 of this title (relating to Water Protection), the Railroad Page 7 TCEQ-20O22 Instructions (03/05/2013) 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 quality during events. nsure protection of surface water storm 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: htt /www osha ov/uls/finis/sicseaich html d) Secondary SIC Code Secondary SIC Code(s) may be provided Leave blank if not applicable. For help with SIC Co go to: des, htt . www osha ov/ )1s/inns sicsealch 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 ai e part of a common plan that disturbs more than five acres, do not require submission of an NMTherefore, the estimated area of land disturbed should not be less than five, unless the project is part of a larger common plan t disturbs five or more acres. Disturbed means any clearing, grading, excavating, or other at activities. similar If you have any questions about this item, please contact the stormwater technical staff b at (512)239-4671 or by email at swgp@tceq.texas.gov. Y phone 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: www.tceu.texasov ermittin stornnvater common Ian of develo ment ste )s.html For further information, go to the TCEQ stormwater construction webpage at: www.tce .texas. ov oto construction and search for "Additional Guidance and Quick Links". If TCEQ-2oo22 Instructions (03/05/2013) 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 yourS4 from The stormwater may be discharged directlybto a odyreceiving stream a local streahmoo urglalceMpossiblyuia a site. It eventually reaches a receiving waterody such as 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) o rf eceiving the a classified d waterrge der body(s) od (sndirectly. Go to the Identify the classified segment number(s) following link to find the segment number of t e i classified ed water bodonitorial y where stormwater we flow from the site: www tce texas. • / You may also find the segment number in TCEQ publication GI-316: www tceq texas ov/Uubhcations/ e e 16 he discharge is into an unclassified receiving water and then crosses state lines prior to If t g entering a classified segment, select the appropriate watershed: • moo (Canadian River Basin) • 0200 (Red River Basin) • 0300 (Sulfur River Basin) • 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 If the The discharge may initially be into a municipal the name of the entity that operates the MS4 arate storm sewer system (MS4). stormwater discharge is into an MS4, provide where the stormwater discharges An MS4 operator is often a city, town county, or utility district but possibly can be another form of government MS4 with a copy of the NOI submitted to General Permit requires the Operator to supply 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 bodiesfrom the construction the name(s) site of are on the latest EPA -approved CWA 3o3(d) List of impaired waterste surface water bodies receiving discharges or potential discharges o The EPA-approvedthe construction eCWA that are on the latest EPA -approved CWA 3o3(d) List of impaired Ovate 303(d) List of impaired waters in Texas can be found at: www.tce .texas. ov water uali assessment or o .html NOTE: Do not use any "draft" documents. Page 9 TCEQ-20022 Instructions (03/05/ 2013) 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: www.tce0.texas. gov/fi�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- Kinney, Medina and Uvalde Counties: TCEQ San Antonio Regional Office,14250 JudsonRd., San Antonio, TX 78233-4480, 210-490-3o96, 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 (TXRi50000) 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 co and read the Construction General Permit before submittingpy and print the Construction General Permit for which you are seeking pcloverage at te TCEQ web on. You may view site: www.tce .texas.cov /oto/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 activity never began at this site. reached, the discharge becomes authorized under an individual permit, or the construction 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 (03/05/2013) Page 10 filter stormwater, tell how those devices are this plan in acdcordancehow fwit thelTCEQ y that maintenance is to be carried out. You must develop general permit requirements. This be available n must be develfor a TCEQ invoped estpgator to review on request. imlemented before you complete this NOI. The SWP3 must The certification must bear an original signatui e of a person meeting the signatory requirements Operator Certification: specified under 3o Texas Administrative Code (TAC) §305.44• IF YOU ARE A CORPORATION: The regulation that controls who may sign an NOI oordsimilar is�on, any corporarm is 3o Texas te representative dministrative Code §305.44(a)(1) (see below). According P may sign an NOI or similar form so long nt� e corputhority orate orate proceduresn . By By signing the NOch a document has I similar een delegated to that person in accordance P request form, you are certifying that such authority has been delegated to you. The TCEQ may q documentation evidencing such authority. IF YOU ARE A MUNICIPALITY ORnOTHER s GOVERNMENT OVERiM olTe a ENTITY: Administrative The regulation that controls who may sign Code §305 44(a)(3) (see below). According to thissimielarform. ovisionPe sons such as the City Mayor nly a ranking elected official or principal executive officer may sign an NOI ors or County Commissioner will be considered rankinentity, ecmay be beneficial to conted officials. In order s ut your city ntify the principal executive officer of your governmentty, it charter, county or city ordinances, or the Texasis sit ned by under which your a government officialgwho is s not entity was formed. An NOI or similar document that g ranking elected official or principal executiveofficer vernment representative other than those ). The signatory requirement may not be delegated g are certifying that you are identified in the regulation. By signing the NOI or similar form, you either a ranlang elected official or principal executive as a ranking elected official or prnn ipalfficer as reuired by the ve code. Documentation demonstrating your position executive officer may be requested by the TCEQ. If you have any questions or need additional inforion mission onconcerning the tal Qualitysignatory requirements discussed above, please contact the Texas C in 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, the corporation le corporate of officer principal busimeans a nesst, secretary, treasurer, or vice-president of p function, or any other person who performs similar policy or production, or operating facilities corporation; or the manager of one or more manufacturing, employing more than 25o persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 198o dollars), if authority S ocedures.gn ents has been assigned Corporate procedures or delegated to the manager in accordance withcorporatep governing authority to sign permit or post -closure positions aprplications than toyspecificoi individuals. for assignment or delegation to applicable TCEQ-20022 Instructions (03/05/2013) Page 11 (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-20022 Instructions (03/05/2013) Page 12 Texas Commission on Environmental Quality General Permit Payment Submittal Form Use this form to submit your Applicatio 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 Texas Commission on Environmental Quality Financial Administration Division Cashier's Office, MC-214 P.O Box 13088 Austin, TX 78711-3088 1. Check / Money Order No: 2. Amount of Check/Money Order: 3. Date of Check or Money Order: 4. Name on Check or Money Order: 5. NOI INFORMATIONl If the check is for more than one NOI, list each Project/Site (A COPY OF THE NOI RE) Name and aWITH Address exactly as provided on the NOI DONOT SUBMIT 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: BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Financial Administration Division Cashier's Office, MC-214 12100 Park 35 Circle Austin TX 78753 Project/Site (RE) Physical Address: Staple Check in This Space TCEQ- 20134 (04/13/2006) Page 1 Notice of Change (NOC) to an Authorization for Stormwater Discharges Associated with Construction Activity under TPDES General Permit (TXR1 50000) TCEQ Office Use Only Permit No.: RN: CN: ****IMPORTANT ****� PLEASE READ THE FOLLOWING INFORMATION AND INSTRUCT The form will be returned for one of the following reasons: ONS BEFORE FILLING OUT T 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 FORA CHANGE IN OPERATOR. REFER TO YOUR GENERAL PERMIT. What is the Permit Number of the authorization to be changed? TXR1 at wu�v 2.tceq.t S FORM A APPLICANT INFORMATION: Search Central Registry 1. Operator (Permittee) a. What is the fitll Legal Name of the current Operator as on the authorization? exas:ov/crpub/ b. What is the TCEQ Central Registry Customer Number assigned to this Operator? 2. Permitted Site (required) What is the TCEQ Central Registry Regulated Entity Number assigned for this permitted site? 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. CN (Note: Permits under a general pennit are site specific. If a change in site location has occurred, this NOC is not attainable.) Site Information (Regulated Entity) 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 Corpoiations.) 2 ADDRESS & CONTACT INFORMATION CHANGE check one as a What mailing address and/or contact information has changed?Site (RE) Ma oneiling or morers applicable)nd contact information Operator for permit correspondence C Billing address/contact for Receiving Annual Fee a Reporting address/contact for Rece Statement Reports (DMRs) b. If you selected more than one, is the information to be updated the same for each selection? Yes — Provide the updated information in the fields below. No — Attachment 1 of the NOC is attached to this form, to provide the different addresses. ■ ■ ATTN or CIO: Address: Suite No./Bldg. No./Mail Code: City: 1 State: Country Mailing Information (if outside USA). Phone No.: ( ) ZIP Code: ving Discharge Monitoring Country Code: Postal Code: Ext• I Fax No.: E-Mail: Page TCEQ- 20391 (07/13/2007) 3. REGULATED ENTITY (RE) SITE INFORMATION CORRECTION a. Is this a change to the location of the permitted activity? Yes - this re•uested chan:e will not be ,rocessed since the authorizations are site specific. b. New or Corrected Name of Project or Site : c. Updated Physical Address (new 911 address): Street Number: ZIP Code: EINo — :o to next • uestion. Bldg/Ste No. County (Counties if>1): d. Update or Corrected location access description, if no physical address (Street Number & Street Name): Corrected Longitude: W e. Corrected Latitude: 4. CHANGE IN CHARACTERISTICS PROVIDED ON ORIGINAL FORM ' lease reference it below. Identify the specific change and provide the updated information. If an attachment is need, p C. APPLICATION CONTACT If TCEQ needs additional information regarding this application, who should be contacted? 11111S111111111 2. Phone No.: ( ) Ext: Operator Certification: Company: � Title (RI;QUII2I,D) Typed or printed name (REQUIRED) ce with a system certify under penalty of law that this document and all thenattachments a d evaluate le information nn submitted Based on my inquiry of thunder my direction or supervision in e person or persons designed to assure that qualified psonnel properly gther the information, the who managethesystem or those persons comptly leteresponsibleaaware therearesignificant frcant penalties forlsubnittsubmitting falsertted is, to the best of my in information, including the knowledge and belief true, accurate, andp 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: (3111211)) Pat TCEQ- 20391 (07/13/2007) I 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.? (REQUIRED) ADDITIONAL ADDRESS & CONTACT INFORMATION Fill in the chan.es as a..licable Incom.lete and invalid addresses will not be used. Veri mailing addresses at USPS.com. Country Mailing Information (if outside USA). Bill►n _ Address for Receivin Annual Fee Statement Country Mailing Information(if outside USA). Country Mailing Information (if outside USA). Page 1 TCEQ- 20391 NOC Attachment 1 (07/13/2007) Notice of Change (NOC) to an Authorization for Stormwater Pemii harg150000) es Associated with Construction Activity under TPDES Ge General Information and Instructions Where to Send the Notice of Change (NOC): BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Stormwater Processing Center (MC228) P.O. Box 13087 Austin, TX 78711-3087 TCEQ Contact list: GENERAL INFORMATION BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Stormwater Processing Center (MC228) 12100 Park 35 Circle Austin TX 78753 Application Processing Questions relating to the status and form req ire eme ts: Technical Questions relating to the general permit: Environmental Law Division: Records Management for obtaining copies of forms submitted to TCEQ: Information Services for obtaining reports from program data bases (as available): Financial Administration's Cashier's office: 512/239-3700 or email swpermit(ditceq.texas.gov 512/239-0600 512/239-0900 512/239-DATA (3282) 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: the permit is active and1 st is from .ioerAdministrative Review: oThewl form dged.Each item on thee reviewed oensure the for n will be reviewed for the pennittee (operator) on the complete response that qualifies for NtOC In addition, the US operator's initial legal name was acknowledged.(ifpp operator's legal name change must be verified with Texas Secretary Never gove an overnight/express press mailinble) The g address.on the form must be verified with the Postal service as an address receiving regular mail delivery. If an item is incomplete or not verifiable as indicated above, the operator ns 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 dwillte be not mailedchato the operator ail the NOC is to change information provided on the acknowledgment certificate. The original coverage effective General Permit (Your Permit) You may view and print your general permit on the TCEQ web site www tcect texas•s °`'• Enter the general permit number as the key word in the search box to locate the s I ecrfie web page. General Permit Forms The Notice of Intent (NOI), Notice of Tetmmnation (NOT), and Notice of Change (NOC) with instructions are available in Adobe Acrobat PDF format on the TCEQ web site www.tcec .texas. Toy. Change in Operator An authorization under the general permit is not transferable. If the operator of the regulated entity changes, the present pernittee must submit tent. The e ed not later 10 ays to he change in a Notice of Termination and the new operator must submit a Notice date. Tn It may be necessary must ttbo n tternii ate the exist an pear t until iorco to age by the Operator status. Note that the NOT is effective on the postmarked 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. g Custom You can find the information on the Central Registryweb at w Vr the search field .texas. 2oy/crpub/. You uon n sel search by the Regulated Entity (RN), Number (CN) or Name (Permittee), or by your permit number The Customer (Pei ntttee) 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 RN data in central registry. Page 1 TCEQ- 20391 NOC Instructions (07/13/2007) INSTRUCTIONS FOR FILLING OUT THE NOC FORM A A r r licant Information 0 erator 1. Provide the current permrttee(s) full legal na ne as on the permit. b. Provide the TCEQ Issued Customer Number (CN) for the entity. Go to http;//wwwl2 tceo texas 2oti/cijjub/ 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 lilt o://www12tceo texas rov/cruub/ 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 responsibili of the coin with the genes al emit. B. REQUESTED'CHANGEh' (permittees) to Check one or more of the available options p indicating �oimation INFOInRMAform ON is to be updated. Provide the updated information in Section 1 for General Characteristics Change, as a Legal Name Change, Section 2 for Address & Contact Information Change, Section 3 for Regulated Entity Site Infornation Change, 1. LEGAL NAME CHANGE or Section 4 for Provide the new legal name. If the entity is a Limited Partnership or Corporation, the name change must be verifiable with Texas Secretary 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, State. The 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 terminate their permit and the new entity must submit a form for a new permit. 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 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 es 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 types 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. 'lease note that address updates relating to a general permit authorization can ONLY be made through a Notice of Change. Address changes submitted hrough an other form can not be .rocessed, 1. REGULATED ENTITY (RE SITE INFORMATION CORRECTION 'he NOC form is only for use to update or correct information submitted on the original application or last NOC for the authorization. The authorization Ender a general permit is site specific. If this change is related to a new location, a Notice of Change is not attainable. 'rovide the updated site name , updated site addresses, and/or corrected latitude and longitude, as applicable to your NOC request, new physical address for an existing location is usually the result of a newly assigned 911 address for emergencies. 'providing a corrected latitude and longitude, enter the latitude and longitude of the site in either degrees, minutes, and seconds o • decimal form. For A obtaining the latitude and longitude, go to: www.tce .state.tx.us/•is/dr•view html or www.terraserver.microsoft.com/advfind.asix. GENERAL CHARACTERISTIC dicate the change to information originally supplied. For example if the number of acreas of area disturbed has changed, then state: "The number acres 'area disturbed has increase to 40 acres.' A s ' luation Contact ovide the name, title and communication information of the person that TCEQ can contact for additional information regarding this application, .Q. 20391 NOC Instructions (07/13/2007) Page 2 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. ccording to IF YOU ARE A CORPORATION: is ()( ) The regulation that controls who may sign an N 01 or NOI or similar ar form solongasr theauthorityto Codesign �u h a document beew). n delegated to this code provision any corporate representative may sign an that person in accordance with corporate pro cedures. B y signing authority.the NOI or si milar form, you are certifying that such author ity has been deleg ate to you. The TCEQ may request documentation evidencing such IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: O( ) The regulation that controls who may sign an N OI or similar form is i al executive officer Texas may sign anrNOIaor similar eform� Pe sons ssuclbas th e itycording Mayo o� Cis ncode provision, only a ranking elected r nking leor prited officials. p nt entity , it may County Commissionr will r considered county elects In order to the Texasstatute(s) under which yotive officer of your ur government entity was formed. An NOI or si filar document tofietconsulttat city charter, county or city delegated to a government representative other than those identified inheregulation. he administrative code similar document that is signed b y a governor ent official who is notga rankin g elected official or princip al executive officer d oes not conform to the§305.44(a)(3).s imila fsorm, requirement i mayh not beg the NOI or s imilar form, you are certifying that you are either a ranking elected official or principal executive officer as required code Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by yt the the TCEQ. Commission If you have any questions or need addition al information concerning the signatory requirements discussed above, please on Environmental Quality's Environmental Law Division at 512/239-0600. 30 Texas Administrative Code §305.44. Signatories to Applications. ible (a) All applications shall be signed as follows. (1) For a corporation, the application shall beesigned side t of the oorpor at oncorporate in charge of a prph cipal businessfu ration, orraph, a eany other person w o fip r f m mans a pies identolicy or s treasurer, ing or v rc p reduction or Toss annual sales or expend itures exceeding $25 m illion (in sec end -quarter 1980 person who performs si milar policy or decisi on -making functions for the corpor ation; or the manager of one or more menu acturm g, p' ns r g dollars), facto ties em cloying u ore is hasn 2been pers assigned havingor e at a licati ons may provide for assignment or delegation to applicable co rporate positions rather dollars), if authority to sign docu ments or de legated to the manager in a ccordance with corporate procedures. Corporate pro cedure governing authority to sign per mit or post -closure orderpp 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 for the overall operations of a principal geographic unit of the agency (e.g., regional ranking elected official. For purposes of this paragraph a principal executive officer of a federal agency includes the chief executive officer oft e agency, or a senior executive officer having responsibility administrator of the EPA). Page 3 TCEQ- 20391 NOC Instructions (07/13/2007) s What i the permit Notice of Termination (NOT) for Authorizations under TPDES General Permit TXR150000 TCEQ Office Use Only Permit No.: RN: CN: Sign up now for on line NOT at hops //www6 tceq texas. ov/steers/ Get your NOT Confirmation letter immediately after submitting the on line NOT form. number to be terminated? Processin will be dela ed without the ermit number. TXR15 cant) 1 What is the Customer Number (C A • OPERATOR ( 1 issued to this entit 2. What is the full Legal Name of the current permittee? This must be the current ermittee of the ,ermit to be ter urinated. 3. What is the a .licant's marlin: address as reco: ized b the US SuPostal Service? e No. Bldg No./Mail Code: ZIP Code: CN Address: Ci Counts State: Mailin: Inforrnation if outside USA 4. Phone No.: ( 5. Fax No.: ( B. REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SIT 1. What is the TCEQ Issued RE Reference Number (RN)? RN 2. Name of Project or Site as currently permitted): (exam .le: .hase and name of subdivision or name of .ro'ect that's uni•ue to the site 3. Physical Address of Project or Site as currently permitted: (enter in Street spaces below) Count Code: Extension: E-mail Address: Street Number: ZIP Code: City: provide the written location access description to the site: 4. If no physical address (Street Number &Street Name), p C. REASON FOR TERMINATION ElFinal stabilization has been achieved on all portions of the siteChat are the i responsibility of in the hSWP3 Oe eand all silt fences and othi fo val Check the reason for termination: temporary erosion controls have either been removed, or scheduled Another permitted Operator has assumed control been transferred site et that o t hae new Operat e not been orally stabilized, and temporary erosion controls that have been defined in theSWP3 have ❑ The activity is now authorized under an alternate TPDES permit. El The activi never began at this site that is re ulated under the general ermit. D. CERTIFIC ATION Postal Code: ■ County (Counties if>1): Title 1' Typed or printed name ed my or superwsion in accordance with a system to under penalty f law thatthisdocumentrlyand all attaclunenttheswere informationr submitted. Based ton my nquny of the person or persons who managegtilee to assure that qualified personnel properly gather and evaluate system, belief, true, accurate, , those personsadirectly there e for gathering enalties for submittsubmitting false information information, i including the best possibility of fine and andf my knowledge imprisonment for Iaccurate, and complete. I am aware there are significantp knowing violations. I further certify that I am authorized under 30 Texas Administrative Code §30.5.44 to sign and submit this document, and can provide documentation in proof of such authorization upon request. Signature: (Use blue ink) Date: Page 1 TCEQ-20023 (02/06/2007) Notice of Termination (NOT) for Authorizations under TPDES General Permit TXR150000 General Information and Instructions Where to Send the Notice of Intent (NOI): BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Stormwater Processing Center (MC228) P.O. Box 13087 Austin, TX 78711-3087 TCEQ Contact list: GENERAL INFORMATION BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Stormwater Processing Center (MC228) 12100 Park 35 Circle Austin, TX 78753 Application Processing Questions relating to the status and form requirements: Technical Questions relating to the general permit: Environmental Law Division: Records Management for obtaining copies of forms submitted to TCEQ: Information Services for obtaining reports from program data bases (as available): Financial Administration's Cashier's office: 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 g application. 148tihours .ou may view and per a completed rint your permit for which ) delivery to seeking Ccoverage, ron the TCEQ web site should have a copy of your general peimit when submitting yourPP www.tceq.texas.-ov The Notice of Intent (NOI), Notice of Termination (NOT), and Notice of Change (NOC) with instructions are available in Adobe Acrobat General Permit Forms PDF format on the TCEQ web site www.tceq,texas., ov. Change in Operator A a authorization of Termination then the permit must subs not s it a Notice of Inteble. If the nrt The NOT and NOI regulated must be submitted ub mitted not later thane present10iittee days prior to thust e a Notice of Termination and the new operator change m 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. n a mber (CN) and ted Entity er After final uction ment of coverage be assider ge ned ned foral eachiit, the Notice of Intentprogram filed with TCEQ,ts Customer construction project sittesacan overlap with other For Construction Permits, a new RN will g Customers The RN assigned to your construction project will not be assigned to any other TCEQ authorization. 512/239-3700 or swpermit 512/239-4671 512/239-0600 512/239-0900 512/239-DATA (3282) 512/239-0357 or 512/239-0187 tceq.texas.gov You can find the information on the Central Registry web site at w;12.tceq.texas.9ov/upub/. You can search by the Regulated Entity (RN), Custom Number (CN) or Name (Permittee), or by your permit number under the search field labeled "Additional ID". Capitalize all letters in the permit numb Page 1 TCEQ-20023 Instructions (02/06/2007) 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, • ePA Y Electronic, Payment: Go to wnvw6.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. B. REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE 1. Regulated Entity Reference Number (RN) 2. Site/Pioject Name/Regulated Entity Provide the name of the site as previously submitted in the Notice of Intent for the permit number provided. 3. Site/Pioject (RE) Physical Address Provide the physical address or location access description as previously submitted for the permit number provided. C. REASON FOR TERMINATION 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 attach vent that explains the 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 similat form this code provision any corporate representative may sign an NOI or similar that pet son in accordance with corporate procedures. By signing the NOI or you. The TCEQ may request documentation evidencing such authority. is 30 Texas Administrativ e Code §305.44(a)(1) (see below). According to form so long as the authority to sign such a document has been delegated to similar form, you are certifying that such authority has been delegated to 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 Administrativ e Code §305.44(a)(3) (see below). According to his code provision only a tanking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or -ounty Commissioner will be considered ranking elected officials. In ord er to identify the principal executive officer of your government entity it may to 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 imilar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to 'EQ-20023 Instructions (02/06/2007) 1 Page 2 de a government ive othei han those in the ation. y mng the§3NOI or(si Ther form, signatory requirement may t be releitheraoranking elected official ortprincipaltex executive office as required bylth the the or menta form, you are ceing thatyour position you code by the TCEQ. Documentation demonstrating your position as a ranking elected official or principal executive officer may be requen act the Texas Commission If you have any questions or need addition al information concerning the signatory requirements discussed above, pleaseco 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 iUe signed esident of the responsible ato no in chargte e of a principal buscer. For purposes ine ss function orhis paragraph, a any other responsible personcorpoate officer means a president, secretary, treasurer, p prat who performs employing pmor or 2i 0 ersoks ogr havingrgross annual salesr the ion; or the or expenditures exc eding $25 m ill onn(in second-quartter tion, 1980 r oerating facilities more than 25 p to dollars), dures vifauthority to sign pernutdocuments has been assigned or closure order applications delegated the for assignor accordance or corpore pi o es. pote s lions rather governing authority to sign pernmt or post -closure than to specific individuals. (2) For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively. hall e ned by her a al executive (3) For a municipality, state, federal, rother rnc pal eblecutic gency the ive officer of arcation federal agency includes the chief execute officer of the or a ranking orelected rexe For purposes f this paragraph, p agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., regiona l administrator of the EPA). Page 3 TCEQ-20023 Instructions (02/06/2007) SMALL CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 General Permit The following information is posted in compliance runofffromart Isma�.constthe ruct on �tes. Additional Number TXR1 50000 for discharges of stormwater information regarding the TCEQ stormwater permit program may be found on the internet at: htta://www.tce .state.tx.us/nav/ permits/w construction html Operator Name: IIContact Name and Phone Number: Project Description: Physical address or IIdescription of the site's location, estimated start date and projected end date, or date that disturbed soils will be stabilized 1 IILocation of Stormwater Pollution Prevention Plan: For Small Construction Activities Authorized Under Part II E.2. (Obtaining Authorization to Discharge) the following certification must be completed: I (Typed or Printed Name Person Completing This Certification) certify under 2 of penalty of law that I have read and understand the eligibilityorrequirementsterms for this claiming nA authorization under Part 11 E i ion TPDES General eand will and agree to comply to plan dhas been isdevelopedsppliand p be it of enMS p4 fidischarges enteroan MS4. 1 am awarert there areas significant penaltiesof this for signed notice supplied to the operator oct the M providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part ILF.3. 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 sitesto rndeffuner Part I.B.3. of the TPDES General Permit Number TXR150000 for discharges of stormwater sites equal to or greater than five acres, including the larger common o moan of de eloponal e t. The information on this notice is required in Part IILD.2. of the generalpermit. regarding the TCEQ stormwater permit program may be found on the internet at: httt).//www.tce .state.tx.us/nav/ ermits/w 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. (Obtaining Authorization to Discharge) the following certification must be completed: (Typed or Printed Name Person Completing This Certification) certify under I penalty of law that I have read and understand tto comply with termsesof this perm timing anA stormwater pohorization llutionei rprever prevention TPDES General eand will and agree p Yof this plan signedhas been isdevelopedsuppliand be not the implementedprior ifidischarges construction, according MS4. 1 amoawa e there requirements significant penalties for providing notice supplied to the operator providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part ILF.3. regarding 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 I .E.3 uction sites TPDES General al to ralor Permit t Number TXR150000 for discharges of stormwater runoff from than five acres, including the larger common plan of development.eneral permit. Addionali The information on this notice TCEQ required in grogram may be fo.2. of the und on the inte -net at: stormwater permitprogram htttn://www.tceg.s e.tx.us/nav/peririits/w 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: constn tction.html 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 runofffromfrom small onof s e rust onQstrtJes automatically Number TXR150000 for discharges of stormwater authorized based on low rainfall erosivity. me .na Additional information regarding the TCEQ stormwater permit program may be found on the t http://www tceq state tx us/nav/t ermits/wq construction.html Operator Name: Contact Name and Phone Number: Project Description: (Physical address or description of the site's location, estimated start date and projected end date, or date that disturbed soils will be stabilized) For Small Construction Sites Authorized Under Part II E 1 , the following certification must be completed: I (Typed or Printed Name Person Completing This Certification) certify under penmatic low of law that I have read and understandof TPDES General Perty mit TXR150000 and agree toirements for claiming an tcco reply AA ithtthettermsased on of this lowit.rainfall erosivity under Part ILE permit Construction activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit atcounty, that period beginning all and ending on _ ___ _— I understand that if constiuction activitiesn r a ision of permit. continue pasts this period issu stormwater to the operator of the MS4 if discharges enter separate VI am wale e there general e permit. A copy of thiss od noticepp significant penalties for providing violat ores matron or for conducting unauthorized discharges, including the possibility o f fine and imprisonment for knowing 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 eliminate by controll ngsignificantly eros on and pollutants in discharges into Surface W ter in the St State 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, of 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 in A Contractor shall conduct all construction operations described underntheis Plansnandtthis conformance with the erosion controlpractices 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. 01566 - 1 of 5 07/2006 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 lights -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 stoim 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 01566-2of5 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 rwater pollutant shall use methods ounts of dust with significant concentrations of heavy metals or other potential 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 conveyct Site and shall not be ance apprlopriate lowed to run directly into watercourses or storm water yance systems by the use of control measures described in this SectionMethods of ultimate loceldisao al of these materials shall be carried out in accordancewithapplicable nd federal health and safety regulations. 3.05 SEDIMENT TRACKING A Minimize off -site tracking of sediments andthegeneration ris and mndsbby construction y implementing vehicles, keeping the streets clean or construction 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 vel oror sweep sweep theg of pavement and mud off of necessary to keep the street clean. Water -hosing 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. 01566-3of5 07/2006 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 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. 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 01566-4of5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION B Isolate these substances in areas where they ale 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 filtere ic fences or barriers, or sediment basins. 10. Designate washingfor containers and other items that have come in a eas 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 Facihties and Controls, and applicable health regulations. ll not B Control areas where sanitary facilities are located r stoimso that sewage or chemicals water conveyance systems byiusing be washed directly into receiving streams 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 01566-5of5 07/2006 CITY OF PEARLAND • 1.0 GENERAL 1.01 SECTION INCLUDES Trench safety system for the construction of trench excavations. A. TRENCH SAFETY SYSTEM Section 01570 TRENCH SAFETY SYSTEM B. Trench safety system for excavation of utilities, embankment which fall under provisions of federal, laws. C. References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals D. Referenced Standards: 1. Occupational Safety and Health Administration (OSHA) E. Definitions: 1. Trench. A narrow excavation (in relation to its depteh)tha madetbe lowidth but the the surface of the ground. In general, the depth is great width of a trench (measured at the bottom) is not greater than 15 feet. 2. Trench safety system requirements apply to larger open excavations if the erection of structures or other installations limits the space between the excavation slope and the installation to dimensions equivalent to a trench as defined. d 3. Trench safety systems include both Protectivetrench boxesns o trench sh eds�slide but are not limited to sloping, sheeting, rail systems, sheet piling, cribbing, bracing, shoring, dewatering or diversion of water to provide adequate drainage. tures and excavation of struc , state, of local excavation safety 01570 - 1 of 5 5/2013 CITY OF PEARLAND TRENCH SAFETY SYSTEM a. Protective System: A method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of an adjacent structure. b. Shoring System: A structure, which supports the sides of an excavation, to prevent cave-ins, maintain stable soil conditions, or to prevent movements of the ground affecting adjacent installations or improvements. c. Special Shoring: A shoring system meeting Special Shoring Requirements for locations identified on the Plans. 4. Competent Person- one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. 1.02 MEASUREMENT AND PAYMENT A. Measurement for trench safety systems used on utility excavations is on a linear foot basis, measured along the centerline of the trench. Payment for trench safety systems includes payment for manholes and other line structures. B Unless indicated in as a Bid Item, noseparate a ll be made for under this Section. Include cost in Bid Items or tre trment ench safety systems shoring systems C. If shown on the Plans and included in Section 00300 — Bid Proposal as a separate Bid Item, Measurement and Payment for Special Shoring system installation for trench excavation is on a square foot basis, measured and completed in place. D. Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on structui al excavations under this Section Include cost for trench safety system used on structural excavations in applicable structure installation. E• Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on roadway excavation or embankment under this Section Include cost in applicable Sections. F 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. Submit a safety plan specifically for the construction of trench excavation, excavation of utilities, excavation of structui es, and embankment which fall under provisions of 5/2013 01570 - 2 of 5 TRENCH SAFETY SYSTEM CITY OF PEARLAND federal, state, or local excavation safety laws. Design the Trench fety and activo be in accordance with OSHA Standards - 29CFR governing presence of individuals working in and around trench exca nat�nrthe Plans. s, and in aIncludde in the plan, ance with any Special Shoring requirements at locations show submittal of the contact information for the Competent Person. A C. Have Shop Drawings for trench safety systems sealed, ad,sr requireetainedd and pby aid ,b the y a Professional Engineer, licensed by the State ofTexas, Contractor. 1.04 REGULATORY REQUIREMENTS A. Install and maintain trench safety systems in accord SubpartCFR, Part ance with the 926 Subpart P, provision of Excavations, Trenching, and Shoring, OSHA Standards as amended, including Final Rule, published in the Federal Register Vol. 54, No. 209 on Tuesday, October 31, 1989. The sections that are incorporated 652. into these Technical Specifications, by reference, include Standard 1926.E 50B. A reproduction of the OSHA Standards _ 29 aCFR lva Table upon ded in Subpart P to "Excavations" from the Federal Register Vol. 54,o. 2 9 is Contractors bidding on the Work. The Owner assumes no nlcopy of this ity for the accuracy of the reproduction. The Contractor is responsible for obtaining a section of the Federal Register. C. Include in the Trench Safety Program measures that establishon S.(1c of the omplian c ce with the nal standard interim etation of the � enei al Duty Clause, 20 USC 54 which states, "Employers must shore or Safety and Health Act of 197 otherwise protect employees who walk/work at the base of an embankment from possible collapse." ench D. Legislation that has been enacted by the State of These specifications. xas i h regrd toTr der Texas Safety Systems is hereby incorporated, by reference, into Statutes, refer to Chapter 756 of the Health and Safety Code, SUBCHAPTER C. TRENCH SAFETY. E. Reference materials, if developed for this Work, will be issued by the Engineer along with the Bid Documents, including the following: 1. Geotechnical information obtained for use in design of the trench safety system 2. Special Shoring Requirements. 1.05 INDEMNIFICATION A. Contractor shall indemnify and hold harmless the Owner, lim limitation, legal fees, coumployees, and rtgosts, from any and all damages, costs (including, without and the cost of investigation), judgments or claims by anyone for injury or death of 01570-3of5 5/2013 CITY OF PEARLAND TRENCH SAFETY SYSTEM persons resulting from the collapse or failure of trenches constructed under this Contract. B. Contractor acknowledges and agrees that this indemnity provision provides indemnity for the Owner in case the Owner is negligent either by act or omission in providing for trench safety, including, but not limited to safety piogram and design reviews, inspections, failures to issue stop work orders, and the hiring of the Contractor. C. Review of the safety program by the Engineer will only be in regard to compliance with the Contract Documents and will not constitute approval by the Engineer nor relieve Contractor of obligations under state and fedeial trench safety laws. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 3.01 INSTALLATION A. Install and maintain trench safety systems in accordance with provisions of OSHA Standards — 29 CFR. B. Specially designed trench safety systems shall be installed in accordance with the Contractor s trench excavation safety program for the locations and conditions identified in the program. C. Install Special Shoring at the locations shown on the Plans. D Obtain verification from a Competent Person, defined in this Section and as identified in the Contractor's Trench Safety Program, that trench boxes and other pre - manufactured systems are certified for the actual installation conditions. 3.02 INSPECTION A. Conduct daily inspections by Contractor or Contractor's independently retained consultant, of the trench safety systems to ensure that the installed systems and operations meet OSHA Standards — 29 CFR and other personnel protection regulations requirements. B If evidence of possible cave-ins or slides is apparent, immediately stop work in the trench and move personnel to safe locations until necessary precautions have been taken to safeguard personnel. C. Maintain a permanent record of daily inspections. 5/2013 01570-4of5 CITY OF PEARLAND 3.03 FIELD QUALITY CONTROL A. Verify specific applicability of the selected ed or Wopecially designed trench safety systems to each field condition encountered t e END OF SECTION TRENCH SAFETY SYSTEM 01570-5of5 5/2013 CITY F PEAR -LAND PROJECT IDENTIFICATION SIGNS Section 01580 PROJECT IDENTIFICATION SIGNS 1.0 GENERAL 1.01 SECTION INCLUDES A Project identification sign description. B. Installation. C. Maintenance and removal. 1.02 UNIT PRICES installation, and payment will be made for design, fabrication, A. No separate pa y ce of project identification signs under this Section. t01505 Include Mobi Mobilization. work maintenance P item for Sect performed under this Section in the pay ineer to keep If changes to project identification signs arerequested by the City Eng B. payment will be made by che g e them current, p y Engineer at no Skid -mounted signs shall be relocated as directed by the CityEng C.Spost-mounted additional cost to the City. Post -mounted signs steal to thCitrelocated If a ' if directe d inwr tinineer, in writing by the City Engineer, at no additional cos relocated more than once at the written direction of the City Eng sign is payment will be made by change order. 1.03 SYSTEM DESCRIPTION A. Sign Const ruction: Project identification signs shall beconstruct dasofhew m wn materials and painted new for the project. Construct post -mounted on Construction Sign Details. esent a clean and B. A pearance: Project identification signs shall be maintained topr' P neat look throughout the project dura SiManufacturer/Maker: Experienced as a professional sign company. C. g Placement: Place signs at locations as directed bthe Ctie pEngoner. Then D. Sign Engineeren placement instructions City will provide sign p Meeting. overlay, lines, storm 1. A linear project is one involving paving,y over a distance. A drainage, or water mains that run in the right-of-way 01580-1 10/2014 CITY OF PEA AND PROJECT IDENTIFICATION SIGNS linear project requires a project identification sign at each end of th construction site e 2. Single Site or Building Projects: Provide one project ect identificati on 3. Multiple Sites: Provide one project identification sign at each site. 4. Sign Relocation: As work progresses at each site, it may be necessary to move and relocate project identification signs. Relocate signs as directed in writing by the City Engineer. E Alternate Skid -mounted Sign Construction: Post -mounted signs skid -mounted signs are allowed, especially for projects with locations where work progresses from one location are preferred, but shall be designed so that the sign will withstand a 60- noncontiguous to another The skid structure directly to the face or back of the sign. Use stakes, straps, re ballast. wind loadlof the use of skid -mounted signs shall not release the Contractor from Approval of maintaining a project identification sign on the project site and responsibility not make the City responsible for the security of such signs. hall not make 1.04 SUBMITTALS A. Submit shop drawings under provisions of Section 01350 - Su B. Show content, layout, lettering style, letteringsize,coSubmittal Procedures. lettering to scale, clearly indicating condensed letteng, i used.s Make sign and 2.0 PRODUCTS 2.01 SIGN MATERIALS A. Structure and Framing: All sign materials shall be new 1. Sign Posts: Use 4-inch by 4-inch treated wood posts, sized to of si n at 6 FEET ABOVE GROUND to fix 2.Sign Supports and Skid Bracing: 2-inch by 4-inch wood fra material. mmg 3. Skid Members: 2-inch by 6-inch wood framing material. 4. Fasteners: a. Use galvanized steel fasteners. b. Use 3/8-inch by 5-1/2-inch button head carriage bolts to attach at locations as recommended sign to posts. Manufacturer. Secure with nuts and flat head washers d by Sign c. Cover button heads with white reflective film or paint to match sign B. Sign and Sign Header: Use medium density overlaid marine background 1/2-inch thick. Use full-size 4-foot by 8-foot sheets for sign and a ingl minimum header to minimize joints; do not piece wood to fabricate a sin fa single piece for g face. C. Paint and Primers: White paint used to prime surfaces and to be an industrial grade, fast -drying, oil -based paint with gloss finish weathering shall 10/2014 Paint structural 01580-2 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS and framing members white on all sides and edges to resist weathering. Paint sign and sign header material white on all sides and edges to resist weathering. Paint all sign surfaces with this weather -protective paint prior to adding any sign paint or adhesive applications. D. Colors: Follow criteria established by attached Exhibit 3.0 EXECUTION 3.01 INSTALLATION A. Install project identification signs within 10 calendar days after Date of Commencement. B. Erect signs where designated by the Ci�oynEngineer Position thesign in suchre-constructa manners ag or as described in part 1.03 of this Sec s to be fully visible and readable to the general public. C. Erect sign level and plumb. e in D. If mounted on posts, sink posts a minimum°f 30 inchessand or concrete to elow manimize 0 lateral inch diameter posthole. Stabilize posts with sharp motion. Leave a minimum of 8 feet of post above existing grade for mounting of the sign and header. E. Erect sign so that the top edge of the sign, is no higher than 6 feet above existing grade. 3.02 MAINTENANCE AND REMOVAL A. Keep signs and supports clean. Repair deterioration and damage. B. Remove signs framing, supports, and foundations to a depth of 2 feet upon completion of Project. Restore the area to a condition equal to or better than before construction. END OF SECTION 10/2014 01580-3 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS PROJECT IDENTIFICATION SIGN EXHIBIT PROJECT NAME LOCATED HERE PROJECT NO. 12345678 PROJECT SCHEDULE: MONTH/YEAR BUDGET: $DOLLAR AMOUNT ENGINEER/ARCHITECT: NAME GOES HERE CONTRACTOR: CONTRACTOR NAME GOES HERE pearlandbcgov/departments/engineering-capital-projects/projects SPECIAL NOTE: CONTACT CITY SECRETARY FOR CURRENT COUNCIL_ NAMES SINGLE SIDE MDO MARINE GRADE PLYWOOD FINISHED WITH ALKYD ENAMEL GLOSS WHITE COMPUTER CUT VINYL AND DIGITAL PRINT 5 YEAR LIFE MINIMUM MATERIALS INSTALL ON TWO 4"X4" TREATED POSTS,MIN. DEPTH IS 24", OR SKID MOUNTED AS SITE REO'D., CITY OF. PEAR CAPITAL PROJE YOR: TOM REII AND COUNCIL POSITION I: TONY CAR EONS: COUNCIL POSITION 2: SCOTT SHERMAN COUNOL POSITION a: GARY MOORE MAYOR PRO TEM: RUTH ORDENEAUX COUNCIL POSITION Si ORIO HILL DEPUTY CITY MA ASSTCITYMANA 10/2014 R; CLAY PEARSON<:. NAGER: ION BRANSON. OERe TRENE EPPERSON.. Capital Improvement S. igna a Layout Pearland, Texas >r<. October 2014 capital improvement 4x8 blank template oclober 2014 T 1110)7T0 k 1EEIGSEI h7E+01Ei LHDIPL LEE DDID my*q CeiECdG' IN 7R 11 TEPELDL4 EOEMAc 120 VOLT ELECTRICAL SERVICE CLIENT SERICESrESIEECTRICA VICEALL PRIMARY GH U`tLESS OTHERWISE SPECIFIED. CLIENT APPROVAL 01580-4 CITY OF PEARLAND MATERIAL AND EQUIPMENT Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Re uirements for transportation, delivery, handling, and storage of materials and q equipment. B References to Technical Specifications: 1. Section 01566 — Source Controls for Erosion & Sedimentation 1.02 MEASUREMENT AND PAYMENT Atis Unless indicated as a Bid Item, no separate payment will bh made for r a cork p performednen under this Section. Include cost in Bid Items for which 1.03 PRODUCTS A Products: Means material, equipment, or systems forming e Wo yigDoesaerection t ou include f machinery and equipment used for preparation, fabrication, the Work. Products may also include existing materials or components designated for reuse. B Do not reuse materials and equipment, designated to be removed, except as specified by the Contract Documents. C Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum or interchangeability of components For multiplecomponent throughout theonents of the same size,Work. application, use the same make and model 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 naive of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY AAvoidArrange deliveries of products to accommodate then Construction deliSchedd le and in m ample time to facilitate inspection prior to installation. se lengthy storage or overburden of limited storage space. 01600-1of3 07/2006 CITY OF PEARLAND 13 MATERIAL AND EQUIPMENT 2. Limitations of storage space. 3. 4 Availability of equipment and personnel for handling products. Owner's use of premises. Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following* 1. Work of other conti actors or the Owner. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. p , D Immediately upon delivery, inspect shipment to assure: 1. 2. Product complies with requirements of Contract Documents. Quantities are correct. 3. 4. Containers and packages are intact; labels are legible. 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. C Provide additional protection during handling as necessary to prevent breakin scraping, marring, or otherwise damaging products or surrounding areas. g D Handle products by methods to prevent over bending or overstressing. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. 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 E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations. 01600-2of3 CITY OF PEARLAND 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 atweather damage. above ground level for materials and equipment susceptible 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�otherpossession mprovements shall be repaired premises. Damage to lawns, sidewalks, streets o 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 andst reork et c oshall ngs shall be kept open t closer than 3 feet to any fire hydrant. Pubhc and private drives 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. MATERIAL AND EQUIPMENT 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - Not UseEND OF SECTION 01600-3of3 07/2006 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, 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' Appioval 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 fiom a single manufacturer, make or source. Wheie 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. 01630 - 1 of 3 07/2006 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 01630-2of3 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 01630-3of3 07/2006 P CITY OF PEARLAND FIELD SURVEYING Section 01720 FIELD SURVEYING 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for surveyors and surveys. B Procedures pertaining to survey control points and reference points. C 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 QUALITY CONTROL A Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land surveyor acceptable to Engineer. 1.04 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit to Engineer the name, address, and telephone number of Surveyor before starting survey work. C Submit documentation verifying accuracy of survey work on request. 1.05 PROJECT RECORD DOCUMENTS A Maintain a complete and accurate log of control and survey work as it progresses. B Submit Record Documents under provisions of Section 01760 — Project Record Documents. 1.06 EXAMINATION A Verify locations of survey control points prior to starting Work. B Notify Engineer immediately of any discrepancies discovered. 07/2006 01720-1of2 CITY OF PEARLAND FIELD SURVEYING 1.07 SURVEY REFERENCE POINTS A Control datum for survey is that established by Owner -provided survey and indicated on Plans. B Locate and protect survey control points, including property corners, prior to starting site work. Use caution to preserve permanent reference points during construction. C The Contractor shall not reset; nor cause to be reset, lost, disturbed, or damaged; control points. Promptly notify Engineer of disturbance or damage to any control point(s) D Notify Engineer 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. E Report promptly to Engineer the loss or destruction of any reference point. F Any re -staking of control points lost, disturbed, or damaged by Contractor's operations will be provided by Owner at Contractor' s expense. G Employ a Registered Public Land Surveyor to reset any missing, disturbed, or damaged monumentation. 1.08 SURVEY REQUIREMENTS A Utilize recognized engineering survey practices. B Establish a minimum of two permanent bench marks on Project Site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. C Establish and record in survey notes elevations, lines and levels to provide quantities requited for Measurement and Payment and to provide appropriate controls for the Work. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading; fill and topsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Mounumented Baseline. D Verify periodically layouts by same means. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01720-2of2 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. 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 - NotUsed 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 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 peiform 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: 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 - NotUsed 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770 — Contract Closeout. END OF SECTION 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 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 EXECUTION 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 09/2009 01770 - 2 of 2 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 2 TECHNICAL SPECIFICATIONS DIVISION 2 SITE WORK 07/2006 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 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 01200 01350 01450 — 01500 — 02255 02330 01140 — Measurement and Payment Procedures Submittals Testing Laboratoiy Services Temporary Facilities and Controls Bedding, Backfill and Embankment Material Embankment 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 Pioposal 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" diametei or larger limbs and loots, to depth of 2 feet below lower elevation of excavation. 2. On ateas 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 ateas to be immediately excavated 07/2006 02200 - 2 of 4 CITY OF PEARLAND SITE PREPARATION 3.02 TOPSOIL STRIPPING AND STOCKPILING A Obtain approval of topsoil quality before excavating and stockpiling. B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated. C Topsoil Stripping: 1. Remove growths of grass from areas before stripping. 2. Topsoil is defined as surface soil found of depth of not less than 4 inches. 3. Strip topsoil to depths encountered. 4. Perform stripping in a manner to prevent intermingling of topsoil with underlying sterile subsoil and remove objectionable materials, including clay lumps, stones over 2 in. in diameter, weeds, roots, leaves, and debris. 5. Where trees are designated by Owner to be left standing, stop topsoil stripping at extreme limits of tree drip line to prevent damage to main root system. D Topsoil Stockpiling: 1. Stockpile in areas designated on Plans. 2. Construct storage piles to freely drain surface water. 3. Cover storage piles, if required to prevent wind-blown dust. 4. Stockpile topsoil to depth not exceeding 8 feet. Stockpile in a manner to prevent erosion. 3.03 UNSUITABLE MATERIAL A Undercut, remove, and replace material which Engineer designates as unsuitable for subsequent construction. B Material used to replace unsuitable material shall be suitable material from site excavation or as indicated on Plans. 3.04 EXCAVATION AND FILL A Depressed site areas shall be filled using material from high areas, insofar as practicable. B When fill obtained from high areas is exhausted, fill to indicated rough grade elevations under roadways with "Structural Fill" and open areas not under structures or roadways with "General Fill", or as indicated on Plans. C Place and compact fill in accordance with Section 02330 — Embankment. 3.05 SALVAGEABLE ITEMS AND MATERIAL A Items designated by Engineer to be salvaged are to be carefully removed, so as to cause no damage to the salvaged items and delivered to Owner's storage yaid. 07/2006 02200 - 3 of 4 CITY OF PEARLAND SITE PREPARATION 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. END OF SECTION 07/2006 02200 - 4 of 4 CITY OF PEARLAND SITE DEMOLITION Section 02220 SITE DEMOLITION 1.0 GENERAL 1.01 SECTION INCLUDES A Demolishing and removing existing pavements, structures, equipment and materials only to the extent as indicated on the Plans. B Removing concrete paving, asphaltic concrete pavement, and base courses. C Removing concrete curbs, concrete curb and gutters, sidewalks and driveways. D Removing pipe culverts and sewers. E Removing miscellaneous structures of wood, plastics, metals, concrete, masonry, or combination of concrete and masonry, etc. F Disposing of demolished materials and equipment. G References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 3. Section 01500 4. Section 01100 5. Section 01730 6. Section Ol 140 7. Section 01562 — Submittals — Temporary Facilities and Control — Summary of Work — Cutting and Patching — Contractor's Use of Premises — Waste Material Disposal 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for removing and disposing of existing pavement and structures under this Section. Include cost for removing and disposing of existing pavement and structures in Bid Items for which this Work is a component. B If indicated as a Bid Item, measurement will be as follows: 1. Measurement for removing and disposing of concrete base and surfacing, and removing asphaltic surfacing, is on a square yard basis measured between lips of gutters. 2. Measurement for removing and disposing of cement stabilized shell base course, with or without asphalt surfacing, is on a square yard basis. 3. Measurement for removing and disposing of concrete base and surfacing with curbs, is on a square yard basis measured from back to back of curbs. Payment includes removal of all base, asphaltic surfacing, concrete pavement, esplanade curbs, curb and gutters, and paving headers. 04/2008 02220 - 1 of 5 CITY OF PEARLAND SITE DEMOLITION 4. Measurement for removing and disposing of concrete pavement is on a square yard basis measured from back to back of curbs. 5. Measurement for removing and disposing of monolithic curb and gutter, removing monolithic concrete curb, and removing concrete curb, is on a lineal foot basis measured along the face of the curb. 6. Measurement for removing and disposing of concrete sidewalk and driveway is on a square yard basis. 7. Measurement for removing and disposing of miscellaneous concrete and masonry removal is on a cubic yard basis of the structure in place. 8. Measurement for removing and disposing of pipe culverts and sewers is on a lineal foot basis for each diameter of type of pipe removed. 9. Measurement for removing and disposing of unlisted materials shall be on the lump sum basis. C No payment will be made for work outside maximum payment limits indicated on Plans, or in areas removed for Contractor's convenience D Refer to Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. B Submit proposed methods, equipment, materials and sequence of operations for demolition. Describe coordination for shutting off, capping and removing temporary utilities. Plan operations to minimize temporary disruption of utilities to existing facilities or adjacent property. C Submit proposed demolition and removal schedule for approval. Notify Engineer in writing at least 48 hours before starting demolition. D Submit an approved copy of demolition schedule to Engineer prior to commencement of demolition operations. E Obtain a permit for building demolition, as required. 1.04 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 — Temporary Facilities and Controls. B The Contractor shall be responsible for safety and integrity of adjacent structures and shall be liable foi any damage due to movement or settlement. Provide proper framing and shoring necessary for support. Cease operations if an adjacent structure appears to be endangered. Resume demolition only after proper protective measures have been taken. 04/2008 02220 - 2 of 5 CITY OF PEARLAND SITE DEMOLITION 1.05 OWNERSHIP OF MATERIAL AND EQUIPMENT A Materials and equipment designated for reuse or salvage are listed in Section 01100 — Summary of Work Protect items designated for reuse or salvage from damage during demolition, handling and storage. Restore damaged items to satisfactory condition. B Materials and equipment not designated for reuse or salvage become the property of the Contractor. 1.06 STORAGE AND HANDLING A Store and protect materials and equipment designated for reuse until time of installation. B Deliver and unload items to be salvaged to storage areas indicated on Plans. C Remove equipment and materials not designated for reuse or salvage and all waste and debris resulting from demolition from site. Remove material as work pi ogresses to avoid clutter. 2.0 PRODUCTS 2.01 EQUIPMENT AND MATERIALS FOR DEMOLITION A Use equipment and materials approved as prescribed in this Section, 1.03 "Submittals'. B Use of a "drop hammer" must have the Engineer's prior approval. 3.0 EXECUTION 3.01 EXAMINATION A Prior to demolition, make an inspection with Engineer to determine the condition of existing structures and features adjacent to items designated for demolition. B Engineer will mark or list existing equipment to remain the property of the Owner. C Do not proceed with demolition or removal operations until after the joint inspection and subsequent authorization by Engineer. D Stop demolition and notify Engineer if underground fuel storage tanks, asbestos, PCB's, contaminated soils, of other hazardous materials are encountered. 3.02 UTILITY SERVICES A Follow rules and regulations of authorities or companies having jurisdiction over communications, pipelines, and electrical distribution services. B Notify and coordinate with utility company and adjacent building occupants when temporary interruption of utility service is necessary 04/2008 02220 - 3 of 5 CITY OF PEARLAND SITE DEMOLITION C When required by the Work, cutting, patching, and fitting of Work to existing facilities, accommodating installation or connection of Work with existing facilities, or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730 — Cutting and Patching 3.03 MECHANICAL WORK ITEMS A Mechanical removals consist of dismantling and removing existing piping, pumps, motors, water tanks, equipment and other appurtenances. It includes cutting, capping, and plugging required to restore use of existing utilities. B Remove existing process, water, chemical, gas, fuel oil and other piping not required for new work. Take out piping to the limits shown or to a point where it will not interfere with the new work. Piping not indicated to be removed or which does not interfere with new work shall be removed to the nearest solid support, capped, and the remainder left in place. Purge chemical and fuel lines and tanks Verify that such lines are safe prior to removal or capping. C Where piping that is to be removed passes through existing walls, cut and cap piping on each side of the wall. Use cap appropriate for pipe material to be capped. Provide fire -rated sealant for walls classified as fire -rated. D When underground piping, which is not located in the public right-of-way, is to be altered or removed, cap the remaining piping Abandoned underground piping may be left in place unless it interferes with new work or is shown or specified to be removed. Piping less than 15 inches in diameter may be plugged and abandoned in place. For piping 15 inches in diameter and greater to be abandoned, fill with sand, pressure grout or other approved method and plug with concrete or brick masonry bulkhead. E Remove waste and vent piping to points shown Plug pipe and cleanouts and plugs. Where vent stacks pass through an existing roof that is to remain, remove the stack and patch the hole in the roof, making it watertight. Comply with requirements of existing roof installer so as to maintain roof warranty. F Conform to applicable codes when making any changes to plumbing and heating systems. 3.04 ELECTRICAL WORK ITEMS A Electrical removals consist of disconnecting and removing existing switchgear, distribution switchboards, control panels, bus duct, conduits and wires, panel boards, lighting fixtures, and miscellaneous electrical equipment. B Remove existing electrical equipment and fixtures to prevent damage to allow continued operation of existing systems and to maintain the integrity of the grounding systems. 04/2008 02220 - 4 of 5 CITY OF PEARLAND SITE DEMOLITION C Remove poles and metering equipment, if designated foi removal on the Plans Coordinate electrical removals with the power company, as necessary. Verify that power is properly de -energized and disconnected. D Where shown or otherwise required, remove wiring in underground duct systems. Verify function of wiring before disconnecting and removing. Plug ducts which are not to be reused at entry to buildings. E Changes to electrical systems shall conform to applicable codes. 3.05 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. B Remove from the site all items contained in or upon the structure not designated for reuse or salvage in accordance with this Section and Section 01562 — Waste Material Disposal. C Follow method of disposal as required by regulatory agencies. END OF SECTION 04/2008 02220 - 5 of 5 CITY OF PEARLAND CEMENT STABILIZED SAND Section 02252 CEMENT STABILIZED SAND 1.0 GENERAL 1.01 SECTION INCLUDES A Cement stabilized sand for backfill and bedding. B References to Technical Specifications: 1 Section 01350 — Submittals 2. Section 02255 — Bedding, Backfill, and Embankment Materials 3. Section 01450 — Testing Laboratory Services C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 558, "Standard Test Methods for Moisture -Density (Unit Weight) Relations of Soil -Cement Mixtures" b. ASTM D 1632 "Practice for Making and Cuiing Soil -Cement Compression and Flexure Test Specimens in the Laboratory" c. ASTM D 1633, "Standard Test Method for Compressive Strength of Molded Soil -Cement Cylinders' d. ASTM C 150, "Standard Specification for Portland Cement" e. ASTM C 33, "Standard Specification for Concrete Aggregates" f. ASTM D 2487, "Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System)" g. ASTM C 142, "Standard Test Method for Clay Lumps and Friable Particles in Aggregates" h. ASTM C 123, "Standard Test Method for Lightweight Particles in Aggi egate' i. ASTM C 40, "Standard Test Method for Organic Impurities in Fine Aggregates for Concrete" j. ASTM C 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils' k. ASTM C 94, "Standard Specification for Ready -Mixed Concrete" 1. ASTM C 31, "Standard Practice for Making and Curing Concrete Test Specimens in the Field" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as an Extra Item, no separate payment will be made for cement stabilized sand under this Section. Include cost in Bid Items foi applicable utility or structure installation. B If use of cement stabilized sand is allowed, based on the Engineer's direction, and indicated in Section 00300 — Bid Proposal as an Extra Item, measurement will be on a pei ton basis. A conversion between volumes calculated based on theoretical limits and total weight will be made based on a ratio of 1.64 tons per cubic yard. 07/2006 02252 - 1 of 3 CITY OF PEARLAND CEMENT STABILIZED SAND 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit material qualification and design mix tests to include: 1. Three series of tests of sand or fine aggregate material from the proposed source. Tests shall include procedures defined in this Section, 2.01 Materials". 2. Three moisture -density relationship tests prepared using the material qualified by the tests in this Section, 1.03B 1. Blends of fine aggregate from crushed concrete and bank run sand shall be tested at the ratio to be used for the design mix testing. 3. Design mix report to meet the specifications of this Section, 1.04 "Design Requirements". The design mix shall include compressive strength tests after 48 hours and 7 days curing. 1.04 DESIGN REQUIREMENTS A Design sand -cement mixture to produce a minimum unconfined compressive strength of 100 pounds per square inch in 48 hours when compacted to 95 percent in accordance with ASTM D 558 and when cured in accordance with ASTM D 1632, and tested in accordance with ASTM D 1633. Mix for general use shall contain a minimum of 1-1/2 sacks of cement per cubic yard. Compact mix with a moisture content on the dry side of optimum. 2.0 PRODUCTS 2.01 MATERIALS A Cement shall be Type 1 Portland cement conforming to ASTM C 150. B Sand shall be clean, durable, and meet grading requirements for fine aggregates of ASTM C 33 and the following requirements: 1. Classified as SW, SP or SM by the United Soil Classification System of ASTM D 2487. 2. Deleterious material content: a. Clay lumps shall comprise less than 0.5 percent by ASTM C 142. b. Lightweight pieces shall comprise less than 5.0 percent by ASTM C 123. c. Organic impurities shall produce color no darker than the standard color by ASTM C 40 ASTM. 3. Plasticity index of 4 or less when tested in accordance with ASTM D 4318. C Fine aggregate, manufactured from crushed concrete meeting the quality requirements for crushed rock material in Section 02255 - Bedding, Backfill and Embankment Materials, may be used as a complete or partial substitute for Bank Sand The blending ratio of fine aggregate from crushed concrete and Bank Sand shall be defined in the mix design report. 07/2006 02252 - 2 of 3 CITY OF PEARLAND CEMENT STABILIZED SAND D Water shall be potable, free of oils, acids, alkalies organic matter, or other deleterious substances, meeting requirements of ASTM C 94. 2.02 MIXING MATERIALS A Thoroughly mix sand, cement and water in proportions of the mix design using a pugmill-type mixer. The plant shall be equipped with automatic weight controls to ensure correct mix proportions. B Stamp batch ticket at plant with time of loading directly after mixing. Material not placed and compacted within 4 hours after mixing shall be rejected. 3.0 EXECUTION 3.01 PLACEMENT AND COMPACTION A Place sand -cement mixture in 8-inch-thick loose lifts and compact to 95 percent of ASTM D 558, unless otherwise specified on Plans. The moisture content during compaction shall be on the dry side of optimum but sufficient for hydration. Perform and complete compaction of sand -cement mixture within 4 hours after addition of water to mix at the plant. B Do not place or compact sand -cement mixture in standing or free water. 3.02 FIELD QUALITY CONTROL A Testing will be performed under provisions of Section 01450 - Testing Laboratory Services. B Mixing plant inspections will be performed periodically. Material samples will be obtained and tested in accordance with this Section, 2.01 "Materials" if there is evidence of change in material characteristic. C Random samples of delivered product will be taken in the field at point of delivery for each day of placement in a work area. Specimens will be prepared in accordance with ASTM C 31 and tested for 48 hour compressive strength in accordance with ASTM D 1633. D The cement content will be checked on samples obtained in the field whenever there are apparent changes in the mix properties. END OF SECTION 07/2006 02252 - 3 of 3 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS Section 02255 BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 1.0 GENERAL 1.01 SECTION INCLUDES A A reference source for materials used as embedment, backfill, back -dressing, and embankment, specified elsewhere in the Technical Specifications, and their associated material qualification testing requirements. B Source qualifications and handling of these materials. C Material use and application is specified on the Plans or in individual Technical Specifications referencing materials either by Material Classification or by Product Description. D References to Technical Specifications: 1. Section 03300 — Cast -in -Place Concrete 2. Section 02910 — Topsoil 3. Section 02252 — Cement Stabilized Sand E Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 2487, ' Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System)" b. ASTM C 142, "Standard Test Method for Clay Lumps and Friable Particles in Aggregates" c. ASTM C 123, "Standard Test Method for Lightweight Particles in Aggregate' d. ASTM C 40, "Standard Test Method for Organic Impurities in Fine Aggiegates for Concrete" e. ASTM C 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils' f. ASTM D 1140, "Standard Test Methods for Amount of Material in Soils Finer the No. 200 (70-um) Sieve" g. ASTM C 33, "Standard Specification for Concrete Aggregates" h. ASTM C 136, "Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates" i. ASTM C 131, "Standard Test Methods for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine" 07/2007 02255 - 1 of 7 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 2.0 PRODUCTS 2.01 MATERIAL CLASSIFICATIONS A Materials shall be classified for the purpose of quality control in accordance with the Unified Soil Classification Symbols as defined in ASTM D 2487. 1. Class I: Well -graded gravels and sands, gravel -sand mixtures, crushed well - graded rock little or no fines (GW, SW): a. Plasticity index: non -plastic. b. Gradation: D6o/Dio - greater than 4 percent; amount passing No. 200 sieve - less than or equal to 5 percent. 2. Class 11 Poorly graded gravels and sands, silty gravels and sands, little to moderate fines: a. Plasticity index: non -plastic to 4. b. Gradations: Gradation (GP, SP): amount passing No. 200 sieve - less than 5 percent. Gradation (GM, SM): amount passing No. 200 sieve - between 12 percent and 50 percent. c. Borderline gradations with dual classifications (e.g., SP-SM): amount passing No 200 sieve - between 5 percent and 12 percent. 3. Class HI Clayey gravels and sands, poorly graded mixtures of gravel, sand, silt, and clay (GC, SC, and dual classifications, e.g., SP-SC): a. Plasticity index: greater than 7. b. Gradation: amount passing No. 200 sieve - between 12 percent and 50 percent. 4. Class IVA: Lean clays (CL) a. Plasticity Indexes: Plasticity index: greater than 7, and above A line. Borderline plasticity with dual classifications (CL-ML): PI between 4 and 7. b. Liquid limit: less than 50. c. Gradation: amount passing No. 200 sieve - greater than 50 percent. d. Inorganic. 5. Class IVB: Fat clays (CH) a. Plasticity index: above A line. b. Liquid limit: 50 o1 greater. c. Gradation: amount passing No. 200 sieve - greater than 50 percent. d. Inorganic. B Use soils with dual class designation according to ASTM D 2487, and which are not defined above, according to the more restrictive class. 2.02 PRODUCT DESCRIPTIONS A Unsuitable Material. Unsuitable soil materials are the following: 07/2007 02255 - 2 of 7 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 1. Materials that are classified as ML, CL-ML, MH, PT, OH and OL according to ASTM D 2487. 2. Materials that cannot be compacted to the required density due to either gradation, plasticity, or moisture content. 3. Materials that contain large clods, aggregates, stones greater than 3 inches in any dimension, debris, vegetation, waste or any other deleterious materials. 4. Materials that are contaminated with hydrocarbons or other chemical contaminants. B Suitable Material. Soil materials meeting specification requirements. Unsuitable soils meeting specification iequirements for suitable soils after treatment with, foi example, lime or cement shall be considered suitable, unless otherwise indicated. C General Fill. Material that is free of stones greater than 3 inches, free of roots, waste, debris, trash, organic material, unstable material, non -soil matter, hydrocarbon or other contamination, conforming to the following limits for deleterious materials: 1. Clay lumps: Less than 0.5 percent for Class I, and less than 2.0 percent for Class II, when tested in accordance with ASTM C 142. 2. Lightweight pieces• Less than 5 percent when tested in accordance with ASTM C 123. 3. Organic impurities: No color darker than standard color when tested in accordance with ASTM C 40. D Random Fill. Soils defined by ASTM D 2487 as Class I, II, 111, IV, or fat clay (CH), sand, gravel, or a combination, from excavation or borrow, which can be compacted to form stable embankments, and conforming to: 1. Liquid Limit: 65 maximum, ASTM - D4318. 2. Plasticity Index: 0 minimum, 45 maximum, ASTM - D4318. 3. Free from trash, vegetation, organic matter, large stones, hard lumps of earth and frozen, corrosive or perishable material. 4. Well broken up, free of clods greater than 6 inches, hard earth, rocks, and stones greater than 2-inch dimension. E Structural Fill. Soils defined by ASTM D 2487 as Class I, II, III, or IV, sand, gravel or a combination, from excavation or borrow, which can be compacted to form stable embankments and fills conforming to: 1. Liquid Limit 45 maximum, ASTM D 4318. 2. Plasticity Index: 12 minimum, 20 maximum, ASTM D 4318. 3. Free from trash, vegetation, organic matter large stones, hard lumps of earth and frozen, corrosive or perishable material. 4. Well broken up, free of clods greater than 6 inches, hard earth, rocks, and stones greater than 2-inch dimension. F Select Fill. Class III clayey gravel or sand or Class IV lean clay or clayey soils treated with lime or cement, and conforming to: 07/2007 02255 - 3 of 7 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 1. Plasticity Index: 7 minimum, 20 maximum, ASTM D 4318. 2. Free from trash, vegetation, organic matter large stones, hard lumps of earth and frozen, corrosive or perishable material 3. Well broken up, free of clods greater than 6 inches, hard earth, rocks, and stones greater than 2-inch dimension. G Concrete Fill. Conform to requirements for Class B concrete as specified in Section 03300 - Cast -in -Place Concrete. H Topsoil. Conform to requirements specified in Section 02910 - Topsoil. I Bank Sand: Durable Bank Sand classified as SP, SW, or SM by the Unified Soil Classification System (ASTM D 2487) meeting the following requirements: 1. Less than 15 percent passing the number 200 sieve when tested in accordance with ASTM D 1140. The amount of clay lumps or balls not exceeding 2 percent. 2. Material passing the number 40 sieve shall meet the following requirements when tested in accordance with ASTM D 4318: a. Liquid limit: not exceeding 25 percent. b. Plasticity index: not exceeding 7. J Cement Stabilized Sand. Conform to requirements of Section 02252 - Cement Stabilized Sand. K Concrete Sand. Natural sand, manufactured sand, or a combination of natural and manufactured sand conforming to the requirements of ASTM C 33 and graded within the following limits when tested in accordance with ASTM C 136: SIEVE PERCENT PASSING 3/8" 100 No. 4 95 to 100 No. 8 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 10 to 30 No. 100 2 to 10 L Gem Sand. Sand conforming to the requirements of ASTM C 33 for course aggregates specified for number 8 size and graded within the following limits when tested in accordance with ASTM C 136: SIEVE 3/8" PERCENT PASSING 95 to 100 No. 4 60 to 80 No. 8 15 to 40 07/2007 02255 - 4 of 7 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS M Pea Gravel. Durable particles composed of small, smooth, rounded stones or pebbles and graded within the following limits when tested in accordance with ASTM C 136: PERCENT PASSING SIEVE 1/2" 100 3/8" 85 to 100 No. 4 10 to 30 No. 8 0 to 10 No. 16 0 to 5 N Crushed Aggregates. Crushed aggregates consist of durable particles obtained from an approved source and meeting the following requirements: 1. Materials of one product delivered for the same construction activity from a single source. 2. Non -plastic fines. 3. Los Angeles Abrasion Test wear not exceeding 45 percent when tested in accordance with ASTM C 131. 4. Crushed aggregate shall have a minimum of 90 percent of the particles retained on the No. 4 sieve with 2 or more crushed faces as determined by TxDOT Tex- 460-A, Part I. 5. Crushed stone: Produced from oversize plant processed stone or gravel, sized by crushing to predominantly angular particles from a naturally occurring single source. Uncrushed gravel are not acceptable materials for embedment where crushed stone is shown on the applicable utility embedment drawing details. 6. Crushed Conciete Crushed concrete is an acceptable substitute for crushed stone as utility backfill. Giadation and quality control test requirements are the same as crushed stone. Provide crushed concrete produced from normal weight concrete of uniform quality; containing particles of aggregate and cement material, free from other substances such as asphalt, reinforcing steel fragments, soil, waste gypsum (calcium sulfate), or debris. 7. Gradations, as determined in accordance with TxDOT Tex-110-E SIEVE PERCENT PASSING BY WEIGHT FOR PIPE EMBEDMENT BY RANGES OF NOMINAL PIPES SIZES >15" 15" - 8" <8" 11 95 - 100 100 - 3/4" 60 90 90 100 100 - — 1/2" 25 60 90 — 100 - - 3/8" 20 55 40 70 - — No.4 0- 5 0-10 0-15 No. 8 - 0- 5 0- 5 07/2007 02255 - 5 of 7 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 3.0 EXECUTION 3.01 SOURCE QUALIFICATIONS FOR BORROW MATERIAL A Use of material encountered in excavations is acceptable, provided applicable requirements are satisfied If excavation material is not acceptable, provide from other approved source. B Identify off -site sources for materials at least 14 days ahead of intended use so that the Engineer may obtain samples for verification testing. C Obtain approval for each material source by the Engineer before delivery is started If sources previously approved do not produce uniform and satisfactory products, furnish materials from other approved sources. Materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements will be rejected. Do not use material which after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Engineer, a Change Order is required to change to a different material. D Bank sand, select fill, and random fill, if available in the project excavation, may be obtained by selective excavation and acceptance testing. Obtain additional quantities of these materials and other materials required to complete the Work from off -site sources. E The Owner does not represent or guarantee that any soil found in the excavation work will be suitable and acceptable as backfill material. 3.02 MATERIAL HANDLING A When material is obtained from either a commercial or non-commercial borrow pit, open the pit to expose the vertical faces of the various strata for identification and selection of approved material to be used. Excavate the selected material by vertical cuts extending through the exposed strata to achieve uniformity in the product. B Establish temporary stockpile locations for practical material handling and control, and verification testing by the Engineer in advance of final placement. Obtain approval from landowner for storage of backfill material on adjacent private property. C When stockpiling material near the Project Site, use appropriate methods to eliminate blowing of materials into adjacent areas and prevent runoff containing sediments from entering the drainage system. D Place material suitable for backfilling in stockpiles at a distance from the trench to prevent slides or cave-ins. Do not place stockpiles of excavated materials on public streets. 07/2007 02255 - 6 of 7 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS E Place stockpiles in layers to avoid segregation of processed materials Load material by making successive vertical cuts through entire depth of stockpile. END OF SECTION 07/2007 02255 - 7 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES Section 02317 EXCAVATION AND BACKFILL FOR STRUCTURES 1.0 GENERAL 1.01 SECTION INCLUDES A B Excavation, backfilling, and compaction of backfill for structures. References to T 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section echnical Specifications: 01200 — Measurement and Payment Procedures 01350 - Submittals 01760 01450 01500 02255 01570 01564 - Project Record Documents - Testing Laboratory Services — Temporary Facilities and Controls — Bedding, Backfill, and Embankment Materials - Trench Safety System - Control of Ground Water and Surface Water 02220 - Site Demolition 02200 — Site Preparation 02252 - Cement Stabilized Sand 01562 - Waste Material Disposal C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 698, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort" b. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils' c. ASTM D 1556, "Standard Test Method for Density and Unit Weight of Soil in Place by the Sand -Cone Method" d. ASTM D 2922, Standard Test Method for Density of Soil and Soil- Aggiegate in Place by Nuclear Methods (Shallow Depth)" e. ASTM D 3017, "Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth)" 2. Occupational Safety and Health Administration (OSHA) 3. Texas Department of Transpoitation (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. Backfill - material meeting specified quality requirements placed and compacted under controlled conditions around pavements, structures and utilities. 07/2006 02317 - 1 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES 2. Foundation Backfill - natural soil or manufactured aggregate meeting Class I requirements and Geotextile fabrics as required to control drainage and material separation placed and compacted where needed to provide stable support for the structure foundation base. Foundation backfill may include crushed aggregate with filter fabric as required, cement stabilized sand, or concrete seal slab. 3. Foundation Base - provides a smooth, level working surface for the construction of the concrete foundation. 4. Foundation Subgrade - the surface of the natural soil which has been excavated and prepared to support the foundation base or foundation backfill, where needed. 5. Over -Excavation - excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below the foundation as shown on the Plans. 1.02 MEASUREMENT AND PAYMENT UNIT PRICES A Unless indicated as a Bid Item, no separate payment will be made for Excavation and Backfill for Structures under this Section. Include cost in Bid Items for construction of structures. B If Excavation and Backfill for Structures 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 for each structure a work plan for excavation and backfill with a complete written description which identifies details of the proposed method of construction and the sequence of operations for construction relative to excavation and backfill activities. The descriptions, with supporting illustrations, shall be sufficiently detailed to demonstrate to the Engineer that the procedures meet the requirements of the Plans and Technical Specifications. C Submit product quality, material sources, and field quality information in accordance with this Section. D Submit field red lines documenting location of structures 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. 07/2006 02317 - 2 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES 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 Facihties 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. 2.02 EQUIPMENT A Perform excavation with equipment suitable for achieving the requirements of this Section. B Use equipment which will produce the degree of compaction specified. Backfill within 3 feet of walls shall be compacted with hand operated equipment. Do not use equipment weighing more than 10,000 pounds closer to walls than a horizontal distance equal to the depth of the fill at that time. Use hand operated power compaction equipment where use of heavier equipment is impractical or restricted due to weight limitations. 3.0 EXECUTION 3.01 PREPARATION A Employ a Trench Safety Plan as specified in Section 01570 - Trench Safety Systems. B Install and operate necessary dewatering and surface water control measures in accordance with requirements of Section 01564 - Control of Ground Water and Surface Water. C Remove existing pavements and structures, including sidewalks and driveways, in accordance 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 07/2006 02317 - 3 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES F Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work. Notify Engineer and obtain instructions before proceeding in such areas. 3.02 EXCAVATION A Perform excavation work so that the underground structure can be installed to depths and alignments shown on Plans Drawings. Use caution during excavation work to avoid disturbing surrounding ground and existing facilities and improvements. Keep excavation to the absolute minimum necessary. No additional payment will be made for excess excavation not authorized by Engineer. B Avoid settlement of surrounding soil due to equipment operations, excavation procedures, vibration, dewatering, or other construction methods C Prevent voids from forming outside of sheeting. Immediately fill voids with grout, concrete fill, cement stabilized sand, or other material approved by Engineer. D After completion of the structure, remove sheeting, shoring, and bracing unless Engineer has approved in writing that such temporary structures may remain. Remove sheeting shoring, and bracing in such a manner as to maintain safety during backfilling operations and to prevent damage to the Work and adjacent structures or improvements. E Immediately fill and compact voids left or caused by removal of sheeting with cement stabilized sand or material approved by Engineer. 3.03 DEWATERING A Maintain ground water control as directed by Section 01564 - Control of Ground Water and Surface Water and until the structure is sufficiently complete to provide the required weight to resist hydrostatic uplift with a minimum safety factor of 1.2. B Maintain the ground water surface a minimum of two feet below the bottom of the foundation base. 3.04 FOUNDATION EXCAVATION A Notify Engineer at least 48 hours prior to planned completion of foundation excavations. Do not place the foundation base until the excavation is accepted by the Engineer. B Excavate to elevations shown on Plans Drawings, as needed to provide space for the foundation base, forming a level undisturbed surface, free of mud or soft material. Remove pockets of soft or otherwise unstable soils and replace with foundation backfill material or a material as directed by the Engineer Prior to placing material over it, re -compact the subgrade, scarifying as needed, to 95 percent of the maximum Standard Proctor Density according to ASTM D 698. If the specified level of compaction cannot be achieved, moisture condition the subgrade and re -compact 07/2006 02317 - 4 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES until 95 percent is achieved, over -excavate to provide a minimum layer of 24 inches of foundation backfill material, or other means acceptable to the Engineer. C Fill unauthorized excessive excavation with foundation backfill material or other material as directed by the Engineer. D Protect open excavations from rainfall, runoff, freezing groundwater, or excessive drying so as to maintain foundation subgrade in a satisfactory, undisturbed condition. Keep excavations free of standing water and completely free of water during concrete placement. E Soils which become unsuitable due to inadequate dewatering or other causes, after initial excavation to the required subgrade, shall be removed and replaced with foundation backfill material, as directed by Engineer, at no additional cost to the Owner. F Place foundation base or foundation backfill material where needed, over the subgrade on same day that excavation is completed to final grade. Where base of excavations are left open for longer periods, protect them with a seal slab or cement - stabilized sand. G Where directed by the Plans Drawings, all crushed aggregate, and other free draining Class I materials, shall have a Geo- textile filter fabric separating it from native soils or select material backfill. The fabric shall overlap a minimum of 12 inches beyond where another material stops contact with the soil. H Crushed aggregate, and other Class I materials shall be placed in uniform layers of 8-inch maximum thickness. Compaction shall be by means of at least two passes of a vibratory compactor. 3.05 FOUNDATION BASE A After the subgrade is properly prepared, including the placement of foundation backfill where needed, the foundation base shall be placed. The foundation base shall consist of a 12-inch layer of crushed aggregate or cement stabilized sand. Alternately, a 4-inch minimum seal slab may be placed. The foundation base shall extend a minimum of 12 inches beyond the edge of the structure foundation. B Where the foundation base and foundation backfill are of the same material, both can be placed in one operation. 3.06 BACKFILL A Complete backfill to surface of natural ground or to lines and grades shown on Plans Drawings. Use existing material that qualifies as select material, unless indicated otherwise. Deposit backfill in uniform layers and compact each layer as specified. B Do not place backfill against concrete walls or similar structures until laboratory test breaks indicate that the concrete has reached a minimum of 85 percent of the 07/2006 02317 - 5 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES specified compressive strength. Where walls are supported by slabs or intermediate walls, do not begin backfill operations until the slab or intermediate walls have been placed and concrete has attained sufficient strength. C Remove concrete forms before starting backfill and remove shoring and bracing as work progresses. D Maintain fill material at no less than 2 percent below and no more than 2 percent above optimum moisture content. Place fill material in uniform 8-inch maximum loose layers. Compaction of fill shall be to at least 95 percent of the maximum Standard Proctor Density according to ASTM D 698 under paved areas. Compact to at least 90 percent around structures below unpaved areas. E Where backfill is placed against a sloped excavation surface, run compaction equipment across the boundary of the cut slope and backfill to form a compacted slope surface for placement of the next layer of backfill. F Place backfill using cement stabilized sand in accordance with Section 02252 - Cement Stabilized Sand. 3.07 FIELD QUALITY CONTROL A Tests will be performed initially on 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 TxDOT Tex-101-E and Tex-110-E Additional classification tests will be performed whenever there is a noticeable change in material gradation or plasticity. B In -place density tests of compacted subgrade and backfill 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 cubic yards of compacted backfill material. 2. A minimum three density tests for each full work shift. 3. Density tests will be performed in all placement areas. 4. The number of tests will be increased if inspection determines that soil types or moisture contents are not uniform or if compacting effort is variable and not considered sufficient to attain uniform density. C At least three tests for moisture -density relationships will be initially performed for each type of backfill material in accordance with ASTM D 698. Additional moisture -density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. D If tests indicate work does not meet specified compaction requirements, recondition, re -compact, and retest at Contractor's expense. 07/2006 02317 - 6 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES 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. B In unpaved areas, grade surface as a uniform slope from installed appurtenances to natural grade and stabilize as indicated on Plans. 3.09 PROTECTION OF THE WORK A Maintain excavation and embankment areas until start of subsequent work. Repair and re -compact slides, washouts, settlements, of 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 fiom wheel loads that cause rutting. END OF SECTION 07/2006 02317 - 7 of 7 CITY OF PEARLAND EMBANKMENT Section 02330 EMBANKMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Construction of embankments with excess excavated material and borrow. B References to Technical Specifications: 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9 Section 10. Section 11. Section 12. Section 13. Section 01200 — Measurement and Payment Procedures 01350 — Submittals 01760 — Project Record Documents 01570 — Trench Safety System 01450 — Testing Laboratory Services 01500 — Temporary Facilities and Controls 02255 — Bedding, Backfrll and Embankment Material 02910 — Topsoil 01564 — Control of Ground Water and Surface Water 01720 — Field Surveying 02220 — Site Demolition 02200 — Site Preparation 01140 — Contractor's Use of Premises C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. b. c. d. ASTM D 698, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort" ASTM D 1556, "Standard Test Method for Density and Unit Weight of Soil in Place by the Sand -Cone Method" ASTM D 2922, Standard Test Method for Density of Soil and Soil - Aggregate in Place by Nuclear Methods (Shallow Depth)" ASTM D 3017, "Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth)" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Embankment under this Section. Include cost in Bid Items for which this Work is a component. B If embankment 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. 5/2013 02330 - 1 of 5 CITY OF PEARLAND EMBANKMENT 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. C Submit field red lines documenting location of embankments 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. Submit a Trench Safety Plan under the provisions of Section 01570 — Trench Safety System that included measures that establish compliance with the standard interpretation of the General Duty Clause Section 5.(a)(1), of the Occupational Safety and Health Act of 1970 — 20 USC 654 which states, "Employers must shore or otherwise protect employees who walk/work at the base of an embankment from possible collapse." 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. B Topsoil: Conform to requirements of Section 02910 — Topsoil. C Borrow Material: Conform to requirements of intended use. Take borrow material from sources approved by Engineer. 5/2013 02330 - 2 of 5 CITY OF PEARLAND EMBANKMENT 3.0 EXECUTION 3.01 EXAMINATION A Verify borrow and excess excavated materials to be reused, are approved. B Verify removals, and clearing and grubbing operations, have been completed. C Verify backfrll of new or relocated utilities and structures, below future grade, is complete. 3.02 PREPARATION A Employ a Trench Safety Plan as specified in Section 01570 — Trench Safety Systems. B Install and operate necessary dewatering and surface water control measures in accordance with requirements of Section 01564 — Control of Ground Water and Surface Water. C Identify required lines, levels, and datum. Coordinate with Section 01720 — Field Surveying. D Remove existing pavements and structures, including sidewalks and driveways, in conformance with requirements of Section 02220 — Site Demolition, as applicable. E Area shall be cleared and grubbed under the provisions of Section 02200 — Site Preparation prior to placing embankment or opening borrow source. F Strip and stockpile topsoil under the provisions of Section 02200 — Site Preparation. G Backfill test pits, or stump holes and other surface irregularities such as small swales with embankment materials and compact in proper lift depths according to the compaction requirements of this Section. H Areas of unsuitable material shall be removed, backfilled with embankment materials and compacted in proper lift depths according to the compaction requirements of this Section. I Upon discovery of unknown or badly deteriorated utilities or concealed conditions, discontinue work. Notify Engineer and obtain instructions before proceeding in such areas. 3.03 PLACEMENT AND COMPACTION A Do not conduct placement operations during inclement weather or when existing ground or embankment materials exceed 3 percent of optimum moisture content. Contractor may manipulate wet material to facilitate drying by disking or windrowing, at Contractor's expense. 5/2013 02330 - 3 of 5 CITY OF PEARLAND EMBANKMENT B Do not place embankment material until density and moisture content of previously placed material complies with specified requirements. C Scarify areas to receive embankment to a minimum depth of 4 inches to bond existing and new materials. Mix with first layer of embankment material. D Spread embankment mates ial evenly, from dumped piles or windrows, into horizontal layers approximately parallel to finished grade. Place to meet specified compacted thickness. Break clods and lumps and mix materials byblading, harrowing, discing, or other approved method. Each layer shall extend across full width of embankment. E Each layer shall be homogeneous and contain uniform moisture content before compaction. Mix dissimilar abutting materials to prevent abrupt changes in composition of embankment. F Layers shall not exceed depth as indicated on the Plans. G Where shown on Plans for steep slopes, cut benches into slope and scarify before placing embankment. Place increasingly wide horizontal layers of specified depth, to the level of each bench. H Build embankment layers on back slopes, adjacent to existing roadbeds, to level of old roadbed. Scarify top of old roadbed to minimum depth of four inches and ie-compact with next layer. I Construct to lines and grades shown on Plans. 3.04 COMPACTION REQUIREMENTS A Maintain moisture content of embankment materials to attain required compaction density. B Compact to minimum densities shown on the Plans with a moisture content of optimum to 3 percent above optimum as determined by ASTM D 698. 3.05 TOLERANCES A Top of compacted surface: Plus or minus 1/2 inch in cross section, or in 16 foot length. 3.06 FIELD QUALITY CONTROL A Compaction testing will be performed in accordance with ASTM D 1556 or ASTM D 2922 and ASTM D 3017 under provisions of Section 01450 — Testing Laboratory Services. B A minimum of three tests will be taken for each 1,000 linear feet per lane of roadway or 500 square yards of embankment per lift. 5/2013 02330 - 4 of 5 CITY OF PEARLAND EMBANKMENT C If tests indicate work does not meet specified compaction requirements, recondition, re -compact, and retest at Contractor's expense. 3.07 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 In unpaved areas, grade surface as a uniform slope from installed appurtenances to natural grade and stabilize as indicated on Plans. 3.08 PROTECTION OF THE WORK A Maintain all embankment areas in good condition until completion of Work. B Repair and re -compact slides, washouts, settlements, areas with loss of density, or excavation damaged by Contractor s operations at no additional cost to Owner. 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. END OF SECTION 5/2013 02330 - 5 of 5 CITY OF PEARLAND ADJUSTING MANHOLES, INLETS, AND VALVE BOXES Section 02633 ADJUSTING MANHOLES, INLETS, AND VALVE BOXES 1.0 GENERAL 1.01 SECTION INCLUDES A Adjusting elevation of manholes, inlets, and valve boxes to new grades. B References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 3. Section 03300 4. Section 02542 5. Section 02318 6. Section 02910 7. Section 02921 — Submittals — Cast -in -Place Concrete - Concrete Manholes and Accessories Excavation and Backfill for Utilities — Topsoil — Hydromulch Seeding C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM C 270, `Standard Specification for Mortar for Unit Masonry" 1.02 MEASUREMENT AND PAYMENT A Measurement for adjusting utility structures to grade is on a lump sum basis for: 1. Adjusting manholes. 2. Adjusting inlets. 3. Adjusting valve boxes. B Refer to Section 01200 - Measurement and Payment Procedures. C Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 2.0 PRODUCTS 2.01 CONCRETE MATERIALS A For cast in place concrete, refer to Section 03300 — Cast -in -Place Concrete. B For precast concrete manhole sections and adjustment rings, refer to Section 02542 Concrete Manholes and Accessories. C For mortar mix, conform to requirements of ASTM C 270, Type S using Portland cement. 07/2006 02633 - 1 of 3 CITY OF PEARLAND ADJUSTING MANHOLES, INLETS, AND VALVE BOXES 2.02 CAST IRON ADJUSTING RINGS A For cast iron adjusting rings, refer to Section 02542 — Concrete Manholes and Accessories. 2.03 PIPING MATERIALS A For riser pipes and fittings, refer to applicable piping materials specifications in Sections 02542 — Concrete Manholes and Accessories. 3.0 EXECUTION 3.01 EXAMINATION A Examine existing structure, valve box, frame and cover or inlet box, frame and cover or inlet, and piping and connections for damage or defects that would affect adjustment to grade. Report such damage or defects to the Engineer. 3.02 ESTABLISHING GRADE A Coordinate grade related items with existing grade and finished grade or paving, and relate to established bench mark or reference line. 3.03 ADJUSTING MANHOLES AND INLETS A Elevation of manhole or inlet can be raised using precast concrete rings or metal adjusting rings. Use of brick for adjustment to grade is prohibited. Elevation of manhole or inlet can be lowered by removing existing masonry, adjusting rings or the top section of the barrel below the new elevation and then rebuilding or raising the elevation to the proper height. B Grout inside and outside adjusting ring joints. C Salvage and reuse cast iron frame and cover or grate. D Protect or block off manhole or inlet bottom using wood forms shaped to fit so that no debris or soil falls to the bottom during adjustment. E Set the cast iron flame for the manhole cover or grate in a full mortar bed and adjust to the established elevation. In streets, adjust covers to be flush to 1/8 inch above pavement. F Verify that manholes and inlets are free of visible leaks as a result of reconstruction. Repair leaks in a manner subject to the Engineer's approval. 3.04 ADJUSTING VALVE BOXES A If usable, salvage and reuse valve box and surrounding concrete block. 07/2006 02633 - 2 of 3 CITY OF PEARLAND ADJUSTING MANHOLES, INLETS, AND VALVE BOXES B Remove and replace 6 inch ductile iron riser pipe with suitable length for depth of cover required to establish the adjusted elevation to accommodate actual finish grade. C Reinstall in -kind adjustable valve box and riser piping plumbed in vertical position. Provide minimum 6 inches telescoping freeboard space between riser pipe top butt end and interior contact flange of valve box for vertical movement damping. D After valve box has been set, aligned, and adjusted so that top lid is level with final grade, pour a 24 inch by 24 inch by 8 inch thick concrete pad around valve box. Center valve box horizontally within concrete slab. 3.05 BACKFILL AND GRADING A Backfill the area of excavation surrounding each adjusted manhole, inlet, and valve box and compact according to requirements of Section 02318 — Excavation and Backfill for Utilities. B Grade the ground surface to drain away from each manhole and valve box. Place earth fill around manholes to the level of the upper rim of the manhole frame. Place earth fill around the valve box concrete block. C In unpaved areas, grade surface at a uniform slope of 1 to 5 from the manhole frame to natural grade. Provide a minimum of 4 inches of topsoil conforming to requirements of Section 02910 — Topsoil and seed in accordance with Section 02921— Hydromulch Seeding. END OF SECTION 07/2006 02633 - 3 of 3 CITY OF PEARLAND CONCRETE PAVEMENT Section 02751 CONCRETE PAVEMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Portland Cement Concrete Pavement for Concrete Streets, Driveways and Sidewalks; Joints and Curing Materials. B References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 01450 — Testing Laboratory Services C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM C 150, `Standard Specification for Portland Cement" b. ASTM C 94, "Standard Specification for Ready -Mixed Concrete" c. ASTM C 33, "Standard Specification for Concrete Aggregates' d. ASTM C 131, "Standard Test Methods for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine" e. ASTM C 136, "Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates" f. ASTM C 40, "Standard Test Method for Organic Impurities in Fine Aggiegates for Concrete" g. ASTM C 260 h. ASTM C 494, "Standard Specification for Chemical Admixtures for Concrete" i. ASTM A 615, "Standard Specification for Deformed and Plain Carbon -Steel Bars for Concrete Reinforcement' j. ASTM D 994, "Standard Specification for Preformed Expansion Joint Filler for Concrete (Bituminous Type)" k. ASTM D 1751, "Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Type) 1. ASTM D 6690, `Standard Specification for Joint and Crack Sealants, Hot -Applied, for Concrete and Asphaltic Pavements" m. ASTM C 39, "Standard Test Method for Compressive Strength of Concrete" n. ASTM C 31, "Standard Practice for Making and Curing Concrete Test Specimens in the Field" o. ASTM C 143, "Standard Test Method for Slump of Hydraulic Cement Concrete" 07/2006 02751 - 1 of 15 CITY OF PEARLAND CONCRETE PAVEMENT p. ASTM C 138, "Standard Test Method for Density (Unit Weight),Yield, and Air Content (Gravimetric) of Concrete" q. ASTM C 231,"Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method" r. ASTM C 171, "Standard Specification for Sheet Materials for Curing Concrete" s. ASTM C 309, "Standard Specification for Liquid Membrane -Forming Compounds for Curing Concrete" t. ASTM C 42, "Standard Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete" 2. Texas Department of Transportation (TxDOT) a. Tex-406-A, "Material Finer than 75-pm (No. 200) Sieve in Mineral Aggregates (Decantation Test for Concrete Aggregates) b. Tex-203-F, 'Sand Equivalent Test" c. Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, 2004 Adoption 1) Item 438 "Cleaning and Sealing Joints and Cracks (Rigid Pavements and Bridge Decks)" 1.02 MEASUREMENT AND PAYMENT A Measurement for concrete paving is on square yard basis. Separate measurement will be made for each different required thickness of pavement. B Payment includes all labor and materials required for installation of concrete paving, joints and curing material, as indicated on Plans. C Refer to Section 01200 — Measurement and Payment Procedures. D Refer to this Section, 3.26 "Noncomforming Pavement" for unit price adjustments for deficient thickness. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. Submittals shall conform to requirements of Section 01350 - Submittals. B Submit proposed mix design and test data for each type and strength of concrete in Work. Include proportions and actual compressive strength obtained from design mixes at required test ages. C Submit manufacturer's description and characteristics for mixing equipment, and for traveling form paver, if proposed for use, for approval. D Submit manufacturer's certificates giving properties of reinforcing steel. Provide specimens for testing when required by the Engineer. 07/2006 02751 - 2 of 15 CITY OF PEARLAND CONCRETE PAVEMENT E Submit product data for joint sealing compound and proposed sealing equipment for approval. F Submit samples of dowel cup, metal supports, and deformed metal strip for approval. 1.04 HANDLING AND STORAGE A Do not mix different classes of aggregate without written permission of the Engineer. B Class of aggregate being used may be changed before or during Work with written permission of the Engineer. New class shall comply with specifications. C Segregated aggregate will be rejected. Befoie using aggregate whose particles are separated by size, mix them uniformly to grading requirements. D Aggregates mixed with dirt, weeds or foreign matter will be rejected. E Do not dump or store aggregate in roadbed. 2.0 PRODUCTS 2.01 MATERIALS A Portland Cement: 1. Sample and test cement to verify compliance with Standards of ASTM C 150, Type I or Type III 2. Bulk cement which meets referenced standards may be used if the method of handling is approved by the Engineer. When using bulk cement, provide satisfactory weighing devices. B Water: Conform to requirements for water in ASTM C 94. C Coarse Aggregate: Gravel or crushed stone, or combination thereof, which is clean, hard, durable, conforms to requirements of ASTM C 33, and has abrasion loss not more than 45 percent by weight when subjected to Los Angeles Abrasion Test (ASTM C 131). No pit run gravel will be allowed. 1. Maximum percentage by weight of deleterious substances shall not exceed following values: ITEM PERCENT BY WEIGHT OF TOTAL SAMPLE MAXIMUM Clay lumps and friable particles. 3.0 Material finer than 75-µm (No. 200) sieve: Concrete subject to abrasion. 3.0* 07/2006 02751 - 3 of 15 CITY OF PEARLAND CONCRETE PAVEMENT All other concrete. 5.0* Coal and lignite: Where surface appearance of concrete is of importance. 0.5 All other concrete. * 1.0 In case of manufactured sand, if material finer than 75-pm (No 200) sieve consists of dust of fracture, essentially free from clay or shale, these limits may be increased to 5 and 7 percent, respectively. 2. Coarse aggregate (size 1 1/2 inch to No. 4 sieve) shall conform to requirements of ASTM C 33. Gradation shall be within following limits when graded in accordance with ASTM C 136: SIEVE DESIGNATION (PERCENTAGE BY WEIGHT) (SQUARE OPENINGS) Retained 1 3/4 inch 0 on sieve Retained 1 1/2 inch 0 to 5 on sieve Retained on 3/4 inch sieve 30 to 65 Retained on 3/8 inch sieve 70 to 90 Retained on No. 4 sieve 95 to 100 Loss by Decantation Test *Method Tex-406-A 1.0 maximum * In case of aggregates made primarily from crushing of stone, if material finer than 200 sieve is dust of fracture essentially free from clay or shale as established by Part III of Tex-406-A, percent may be increased to 1.5 D Fine Aggregate: Sand, manufactured sand, or combination thereof, composed of clean, hard, durable, uncoated grains, free from loams or other injurious foreign matter. Fine aggregate for concrete shall conform to requirements of ASTM C 33 Gradation shall be within following limits when graded in accordance with ASTM C 136 SIEVE DESIGNATION (PERCENTAGE BY WEIGHT) (SQUARE OPENINGS) Retained 3/8 inch 0 on sieve Retained No. 4 0 to 5 on sieve Retained on No. 8 sieve 0 to 20 Retained on No. 16 sieve 15 to 50 Retained on No. 30 sieve 35 to 75 Retained No. 50 65 to 90 on sieve 07/2006 02751 - 4 of 15 CITY OF PEARLAND CONCRETE PAVEMENT Retained on No. 100 sieve 90 to 100 Retained on No. 200 sieve 97 to 100 1. When subjected to color test for organic impurities (ASTM C 40), fine aggregate shall not show color darker than standard color. Fine aggregate shall be subjected to Sand Equivalent Test (Tex-203-F). Sand equivalent value shall not be less than 80, unless higher value is shown on Plans. E Air Entraining Agent: Furnish an air entraining agent conforming to requirements of ASTM C 260. F Water Reducer: Water reducing admixture conforming to requirements of ASTM C 494 may be used if required to improve the workability of concrete. Amount and type of such admixture shall be subject to approval by the Engineer. G Reinforcing Steel: 1. Provide new billet steel manufactured by open hearth process and conforming to ASTM A 615, Grade 60. Store steel to protect it fiom mechanical injury and rust. At time of placement, steel shall be free from dirt, scale, rust, paint, oil or other injurious materials. 2. Cold bend reinforcing steel to shapes shown. Once steel has been bent, it may not be rebent. 2.02 CONCRETE JOINTS A When allowed on the Plans, or with approval of the Engineer, Board Expansion Joint Material may be used: Filler board of selected stock. Use wood of density and type as follows: 1. Clear, all -heart cypress weighing no more than 40 pounds per cubic foot, after being oven dried to constant weight. 2. Clear, all -heart redwood weighing no more than 30 pounds per cubic foot, after being oven dried to constant weight. 3. Use wood only when part of a load transmission device assembly. B Unless specified otherwise, use Preformed Expansion Joint Material: Bituminous fiber and bituminous mastic composition material conforming to ASTM D 994 and ASTM D 1751. C Joint Sealing Compound: 1. Hot poured rubber -asphalt compound meeting the requirements of ASTM D 6690. 2. When indicated on Plans, self -leveling Low Modulas Silicone sealant single component meeting the requirements of TxDOT Specification 438. D Load Transmission Devices: 07/2006 02751 - 5 of 15 CITY OF PEARLAND CONCRETE PAVEMENT 1. Smooth, steel dowel bars conforming to ASTM A 615, Grade 60. When indicated on Plans, encase one end of dowel bat in approved cap having inside diameter 1/16 inch greater than diameter of dowel bar 2. Deformed steel tie bars conforming to ASTM A 615, Grade 60. E Metal Supports for Reinforcing Steel and Joint Assembly: Employ. metal supports of approved shape and size that will secure reinforcing steel and joint assembly in correct position during placing and finishing of concrete. Space supports as directed by the Engineer. 2.03 EQUIPMENT A Equipment: Conform to requirements of ASTM C 94. 2.04 MIXING A Employ and pay certified testing laboratory to prepare mix designs. Compressive strength shall be as specified using test specimens prepared in accordance with ASTM C 31 and tested in accordance with ASTM C 39. Contractor shall determine and measure batch quantity of each ingredient, including all water for batch designs and all concrete produced for Work. Mix shall conform to these specifications and other requirements indicated on Plans. B Mix design to produce concrete which will have a minimum compressive strength of 2500 psi at 7days and 3500 psi at 28 days. When high -early -strength cement is used, it shall reach a minimum compressive strength of 3500 psi at 7 days and 4000 at 28 days. Slump of concrete shall be at least 2 inch, but no more than 5 inches, when tested in accordance with ASTM C 143. 1. Concrete pavement shall contain at least 5 1/2 sacks (94 pounds per sack) of cement per cubic yard, with not more than 6.5 gallons of water, net, per sack of cement (water cement ratio maximum 0.57). Cement content shall be determined in accordance with ASTM C 138. Addition of mineral filler may be used to improve workability or plasticity of concrete to limits specified. 2. Coarse dry aggregate shall not exceed 85 percent of loose volume of concrete. 3. Add air -entraining admixture to ensure uniform distribution of agent throughout batch. Base an content of freshly mixed air -entrained concrete upon trial mixes with materials to be used in Work, adjusted to produce concrete of required plasticity and workability. Percentage of air entrainment in mix shall be 4 1/2 percent plus or minus 1 1/2 percent Air content shall be determined by testing in accordance with ASTM C 231. 4. Use retardant when temperature exceeds 90 degrees F. Proportion shall be as recommended by manufacturer. Use same brand as used for air -entraining agent. Add and batch material using same methods as used for air -entraining agent. Accelerators will not be allowed unless approved by the Engineer. 07/2006 02751 - 6 of 15 m«s 7 SOIL STRENGTH ANALYSIS 7, WinCore Version 3.1 County Brazoria Hole GB-1 District Houston Highway Pearland Pkwy Structure Bridge Date 05-04-12 Control 0912-31-270 Station 57+74.29 Grnd.Elev. 42.66 ft 7 Offset 10.19'LT GW Elev. N/A rTAT Values Preferentially Used Soil reduction factor of 0.7 applied 1.4 Strata Elev. TCP Unit TAT TAT Phi TAT Unit Accumulative --. No. (Feet) Friction Cohesion Degrees Friction Friction From To (PSF) (TSF) (T/F) ti 7 1 42.7 37.7 0.00 8208 0.0 0.88 4.38 2 37.7 32.7 0.29 1296 0.0 0.23 5.51 3 32.7 27.7 0.00 0 0.0 0.00 5.51 4 27.7 .14.7 0.08 0 .. 0.0 0.08 6.57 7 5 14.7 '2.7 0.24 2016 0.0 0.35 10.80 6 2.7 -12.3 0.30 1872 0.0 0.33 15.72 7 -12.3 -17.3 0.70 4248 0.0 0.74 1-9.44 7 8 -17.3 -23.8 0.74 2952 0.0 0.52 22.79 9. -23.8 -27.3 0.00 864 0.0 0.15 23.32 10 -27.3 -28.8 0.64 0 . 0.0 0.64 24.29 11 -28.8 -31.3 0.00 648 0.0 0.11 24.57 E. 12 -31.3 -38.8 0.67 3960 0.0 0.69 30.12 7 �. 7 7 7 , -i 7 7 FIGURE C-1 L C:\MOHAN\jobs\40186201\Wincore Design\Pearland Parkway.CLG • '�,E SOIL STRENGTH ANALYSIS r, WinCore County Brazoria Hole GB-2 District Houston Version 3.1 Date 05-08-12 Highway Pearland Pkwy Structure Bridge Control 0912-31-270 Station 59+39.65 Grnd.Elev. 39.99 ft Offset 34.03'RT GW Elev. N/A r". i TAT Values Preferentially Used Soil reduction factor of 0.7 applied 1 Strata Elev. TCP Unit TAT TAT Phi TAT Unit Accumulative No. (Feet) Friction Cohesion Degrees Friction Friction r- From To (PSF) (TSF) (T/F) 1 e- 1 40 30 0.30 2016 0.0 0.35 3.53 2 30 17 0.24 0 0.0 0.24 6.64 3 17 0 0.31 1427 0.0 0.25 10.88 4 0 -6.5 0.41 1584 0.0 0.28 12.68 rj 5 -6.5 -8 0.00 1008 0.0 0.18 12.95 6 -8 -18 0.52 2628 0.0 0.46 17.55 7 -18 -23 0.88 2952 0.0 0.52 • 20.13 8 -23 -26.5 0.81 0 0.0 0.81 22.95 •" 9 -26.5 -30 0.00 864 0.0 0.15 23.48 10 -30 -41.5 0.88 2520 0.0 0.44 28.77 n I 7 1 r ] J I r^ r�, ( ' I n f FIGURE C-2 r-1 C:\MOHAMjobs\40186201\Wincore Design\Pearland Parkway.CLG � , /moo, SOIL STRENGTH ANALYSIS WinCore 7 Version 3.1 County Brazoria Hole GB-2 District Houston Highway Pearland Pkwy Structure Bridge Date 05-08-12 Control 0912-31-270 Station 59+39.65 Grnd.Elev. 39.99 ft Offset 34.03'RT GW Elev. N/A r [1‘; TAT Values Preferentially Used Skin Friction Limit=1.25 tsf .. No soil reduction factor applied C: Strata Elev. TCP Unit TAT TAT Phi TAT Unit Accumulative No. (Feet) Friction Cohesion Degrees Friction Friction 7 From . To (PSF) (TSF) (T/F) 7 1 40 30 0.43 .2016 0.0 0.50 5.04 9.48 2 30 17 0.34 0 0.0 0.34 3 17 0 0.44 1427 0.0 . 0.36 15.55 4 0 . -6.5 0.59 1584 0.0 0.40 - 18.12 7 5 -6.5 -8 0.00 1008 00 0.25 18.50 6 -8 -18 0.74 2628 0.0 0.66 25.07 7 -18 -23 1.25 2952 0.0. .0.74 28.76 .8 -23 -26.5 1.15 ` 0 0.0 1.15 32.78 7 9 -26.5 -30 0.00 864 0.0 0.22 33.54 10 -30 -41.5 1.25 2520 0.0 0.63 41.10 7 , ,...! ,,._ ..., _, p 7 7 C C FIGURE C-3 C:IMOHAN\jobs1401862011Wincore Design\Pearland Parkway.CLG SOIL STRENGTH ANALYSIS 7 WinCore County Brazoria Hole GB-1 District Houston Version 3.1 Highway Pearland Pkwy Structure Bridge Date 05-04-12 __ Control 0912-31-270 Station 57+74.29 Grnd.Elev. 42.66 ft Offset 10.19'LT GW Elev. N/A (41 rillTAT Values Preferentially Used Skin Friction Limit=1.25 tsf No soil reduction factor applied r'9 Strata Elev. TCP Unit TAT TAT Phi TAT Unit Accumulative No. (Feet) Friction Cohesion Degrees Friction Friction From To (PSF) (TSF) (T!F) !I 1 42.7 37.7 0.00 8208 0.0 1.25 6.25 f'" 2 37.7 32.7 0.41 1296 0.0. 0.32 7.87 3 32.7 27.7 0.00 0 0.0 0.00 7.87 4 27.7 14.7 0.12 0 0.0 0.12 9.39 5 14.7 2.7 0.34 2016 0.0 0.50 15.43 7 6 2.7 -12.3 0.43 1872 0.0 0.47 22.45 7 -12.3 -17.3 1.00 4248 0.0 1.06 27.76 8 -17.3 -23.8 1.06 2952 0.0 0.74 32.56 9 -23.8 -27.3 0.00 864 0.0 0.22 - 33.32 71 10 -27.3 -28.8 0.92 0 0.0 0.92 34.70 11 -28.8 -31.3 0.00 648 0.0 0.16 35.10 12 -31.3 -38.8 0.96 3960 0.0 0.99 43.02 7 ' , 71 Ti rj F"" 73 ,, 7 FIGURE C-4 .` C:MOHANIjobsW0186201\Wincore Design\Pearland Parkway.CLG } L 7 7 7 7 • . . 7 . Drawing List f ND PARKWAY(NORTH SIDE)PLAN&PROFILE "c SWINGING GATE DETAIL V L sI y --..... i r 7 / , . • 1., ,.... 4,0,.."- ; = +,-%._ ; 7 1 rm. \Ah.olk 1,4t- j, . sy N7 ,Irjr.... ot:,....w..*. .1.*.A , 7 40410111'4. ) . Pm PROJECT LOCATION --44 VICINITY M ' =4000 Key Mop 615Y, ___, OF T ,\ tic ',d' I R.RYDI LL 67653 he x� IISTERE9:p 2 1 mini E H DATE 312✓111, 7 . . -RYDELL .nglneering Inc. n....40::::! DATE 3/z •5 7 rd Mantilla,P.E. i city Engineer 1 /pI PRIVATE PROP I i ROW1. _4._ r_ I 10'TEMP II lONSTRUCTION'1 ! 1 ESMT7 a ' CF OF CONC FENCE 1' (DRILLED SHAFT) I —41.— (CONTRACTOR SHALL FIELD VERIFY PRIOR TO DRILLING SHAFTS) 7 1 , _ 5" ),./-- BEGIN PREP ROW , BEGIN PRECAST CONCi t STA 22.52.57 68.81 ) X•3157435.96�0 7 . Y•13763558.0084 I RUCT ION 7 _., ...__________, ..______ ,., PROPIDF I _J 7 ri.ir,,,: i . , ,xis, . .6,7,,,_,. , . • ___e__ ,.... — 1 0 — -9- ?'—. ' ;a i `rr - STACKED STONE FACE/ - - ' . , PAINTED BOTH SIDES —EXIST 10' SIDEWALK I TRAFFIC L 1 1 SIDE J P 1 0' S i oew'o I k PEARLAND PARKWAY 71 I _. \/\\ �\ T" " -- _ — "I — " /i.//• --..- .+—FENCE FOUNDATION @15' C-C C 7CONTRACTOR TO DETERMINE ��O SIZE OF FOUNDATION CONC FENCE SECTION. 7 0 25 50 150 100 SCALE 1"- - !•9 ITO 55 U 55 `* *,fit t EDWIN R.RYDELL {g; BEGIN PRECAST- CONG FE 81553 I, ' STA 22.524,57. I . i;p: ••toP !! * 50 50_. VrC3�►S". J m �tVJ 7 W ` a HO. 0418 REVISIOAI APPROvEO W ' • to W IMYZ HDR REGISTRATION Engineering, Inc. No. m � - i --' � -' i FIRM REGISTRATION No.754 7 -i Q. W i ---- •, -, . W • nn_r�p ,. IANDI 7 City of Pearland,Texas U { I T $ PEARLAND PARKWAY FENCE o w ,n EL 44.00 D 4O PEARLAND PARKWAY a a (North Side) � � o Q � � � I STA 22•52.57 TO STA 27.50 —a Z vWi J ; • ProcdAo:14999 O w •• ` .__ Feb , sax, " 35 i. i M, AORr 1•=50' SHEET k ` 3S O•ney. D—._._M- VERi: �•a§, 1 --""P"""la""sPn."le.melq"."lIll".""1"'"I'"'or,:p.,„„,,„uwm.__—""------- ----.„._ -----,,,, 0 j aaaer.E f 23+00 ( . •/jlt rIvA r t t r tu + ROVE ! Ill - l _►� f ,�_. ID'Tlr+ CO`:STRUC ICI. ESMT /` Power Pole 7 . . : :r 1.I y —� I CL OF CONE FENCE II • 1 ��-"�� (DRILLED SHAFT) 11 1 (CONTRACTOR SHALL 7 'I I _�f 5" FIELD VERIFY PRIOR i 1 -t�l I!- TO DRILLING SHAFTS) 7 ..,:,,i. „..,, , t1is , , i ,ii 1 .,,, 7 ....... ,, . - �i'1 —...,-10' U.E. r {. { i Ea 1 7 ..,, --v---0,—_.----la----s- 1 I ti a- • 1 (.1G� \ -POINT d I TRAFFIC RECONNE ` Q G= I SIDE V r 10' Sidewalk pit A I I 1 Z —r5 r1 1 g {W- �\" C' — �—FENCE FOUNDATION IP ......1i I 2 1 `.%n ff F- i • CONC FENCE SECTION L<• 0 25 50 150 100 SCALE I ' 50' i , .-�j.pF TrFy y�.. r9S`�:. _ i 55 . 55_ . ' t �` . EDWIN R.RYDELL __J i .4- - 81553 see.Gt. t ` ON l'E. in L ,— oraZa1,9 50fl __. � w 0. U NO. DATE - REVISION APPROVED J L F)1 F Englneering, Inc. FIRM REGISTRATION No. 754 Liia _I 0. *v 6.3 PI z - ,,,-.--.. _ - , ------\. . . 1____ ._____ - -Wg7r-- w �, PEARLAND PARKWAY FENCE Q EL ;43, ...... ._4D___ PEARLAND PARKWAY o w '� 2 EL 43.60 i EL 43.40 Ex W Q 40 (North Side) boa 19 a STA 27+50 TO STA 32+50 r w0 ' Pro,edNo:14.089 I u' - DV. February2015 Sac SHEET CC 9 o VDRz: 1"=50' 2 r o W 3S ch. D- M--_ VERI; pal a 35 Dr ERER, "d0 ----„,,,,,..,,,,, ,,,,,,. . E. , , S1 • [16! . ,I o p� ✓ -TEMPORARY CONSTRUCTLIN�• EASEMENT l NOTES: oar, V !/,....4z:QR0? 0RILLEQ. . f 1. THE CONTRACTOR SHALL PLACE THE WALL PANELS SO SHA ' (TYP1 j 0 I. 11G-c%LLB� - + THAT EXISTING DRAINAGE IS NOT INHIBITED AND THE 7_ 0 ...- x - = DIFFERENCE IN ELEVATION BETWEEN WALL PANELS IS o i - MINIMIZED OR AS DIRECTED BY THE ENGINEER. THE TOP + =,=ExlsT_ROl1__- -- - OF RIP RAP ELEVATIONS SHOWN ARE APPROXIMATE. N - I Ih _ 2. CONTRACTOR SHALL RECONNECT DIVIDER FENCES TO PROP Q , I PRECAST CONC FENCE AFTER PANEL INSTALLATION. 1 I I— -EXIST 10' SIDEWALK I L N POINT 3. CONTRACTOR SHALL SUBMIT FENCE RECONNECT DETAIL TO . REC01 FIELD ENGINEER FOR APPROVAL PRIOR TO ANY FENCE RECONNECT. nit W k Z J L O 25 50 150 100 SCALE I"=SO' i OVERALL-1 ENG7N-OF-FENCE-2•••BIO'•- ••- ,P4 EDWIN R.RYDELL _. • • eAs;• 81553 :, : 107UNITS0 1"5' • 10S' V'' o ±'n• x _ w . 3 i }1r J Q 50 5Q w k Q 3 NO. OA1E REVISION APPROVED w 1.01 HDR REGISTRATION Inc. m "' "` FIRM REGISTRATION No. 754 i1 • FENCE j1 wW 4�__ / wl b:.] r� n PEARLAND PARKWAY FENCE 11 ti U to o ovl EL 3.2_____ __4.0 . PEARLAND PARKWAY 0 o a (North Side) i Q STA 27+50 TO STA 32+50 w 14.1 W ' s (1 Project Ne:14088 6ca1e: SHEET tZ to Doe:February 2015 NORZ 1'=50' o 35 o.N eg D.M. T: 1'=5' 3 �' i w i 35 away E.R, • 33+00 OF g ...,. f t 4730 S. RIVERSIDE DRIVE 71 ' - ( .._,, , SALT LAKE CITY, UT 84123 .- - TOLL FREE: 1-866-370-3676 7 -_ -2 -----1 .�_ PHONE: (801)281-2262 SToN 'iiI FAX: (801)281-2272 %.c, te,Fence Syste.rns. www.stonetreefence.com E . I @-22...) ----(L'..7)-----'4, 15'0"O.C. Z-j_ B- TLWITH El' FOUNDATIONN TOP ELEVATION zoi r...-------.....„1 E20 7 COLUMN CAP E A El 1 . Yr_�m.Igr��sMiipi 9mi 1 ®t��� R " 't `a..�v�� ��� k:, ; •_.... w 7 - , , �r�r. ��1r��ae— � _ mew ��� Eas��lellria��w�llll '' to co ...sr!. i. 11,�G®®�1't•�-�8���.�i t, ,. r® [rn ,t, le:— ������o�����Imnsra • } , 11 �i�®iir ��� ®_ I II ZOO e E, 01,, iti'l ____ =I1-1 :11=1- L lik-i 1=�=1 1.=11:= '11=11' 111-11` A •Ir=r11=11 11=11= =11:I '�I�,. -.„, =,.1 I;. u, W r"-----------RIGID SUPPORT Fe @15'-0"O.C. 1 E Lu B -� Lu r.,1 LIJ L J 715'-0"O.C. _ f 8'WALL WITH A-A 8'WALL WITH FOUNDATION ELEVATION • FOUNDATION SIDE ELEVATION ENOTES: 1. INSTALLATION TO COMPLY WITH ENGINEERING FOR WIND LOADS,SOIL CONDITIONS(AND SEISMIC WHERE APPLICABLE). 2. DRAWINGS NOT TO SCALE. 3. VARIOUS TEXTURED FINISHES ARE AVAILABLE BUT NOT IN ALL MARKETS. CHECK WITH AFTEC FOR THE LOCATIONS&DESIGNS PRODUCED BY LICENSED MANUFACTURERS". 4. FOOTING DIMENSIONS VARY ACCORDING TO WALL HEIGHT AND JOB SITE CONDITIONS. E 7 8' STACKED STONE WALL SYSTEM ELEVATION / SHEET 1 OF 2 7 StoneTree®is a Registered Trademark of AFTEC, LLC www.aftec.com E ._ 4730 S. RIVERSIDE DRIVE F. �� 1- 1�f.- SALT LAKE CITY, UT 84123 TOLL FREE: 1-866-370-3676 j PHONE: (801)281-2262 [14 $IT0NETREE" FAX: (801)281-2272 J,wo remote Fence Sy� www.stonetreefence.com E, , , 7. t, , , ,,, E _ 10" 8" 15'-0" 8'WALL TOP ELEVATION 111 _1 4 o� l' 1- 11 f_1 r 5 w f C F . , :.; .._._ __ II _ 7 ii • ..,_ r.---. a nim..m .mi GM. -. ... ...1O113..,... .=-...... INIC..... ....3-.= ��i �� MI'moil '� -Ns-- a. ifllmrii� i�liiiiiii~i� ii~� i e h II m : iiGMEiNal■er ilNMUN sZ!l=III--:-;:IM1 7 . C ..:..: W=NM m News ,`immEmEn .ba®m� �1-- ^a7.Mill--aal=pis=a�_....noo�a;7 CO 7 ' Los�����.r���Or�����.� o 0 0 0 1� 'r .y.���+ ���w��1 ..u�o--- �.�-� CO Co Co Zo i.w CO M..SflOIII 71MEIiiwrMMIEMM=7IN.WMIN s•'NIENtW...r • MI — e — �_ .��slill • �a -�C ���i+MOMM MI=M� V ---ighiliiim_oaiimiimm_�_Eli�- iif��a�M=i�7.Ma MIN==Swo as�M=Mlr_M:a1 ' 1a�.as%-��.ii,s����Os���afi 0 • ' ,-[ �_ -... __ .. ` ' . ..,___,_ C C-C 8'WALL -7N 18" 1' 11'-6" 1'-0" 4" SIDE ELEVATION 7 f 15'4" t M l r.„---------..._1_i_ 8'WALL ELEVATION CO [11, 20" _I 7 COLUMN CAP NOTES: [44' 1. INSTALLATION TO COMPLY WITH ENGINEERING FOR WIND LOADS,SOIL CONDITIONS(AND SEISMIC WHERE APPLICABLE). 2. DRAWINGS NOT TO SCALE. 3. VARIOUS TEXTURED FINISHES ARE AVAILABLE BUT NOT IN ALL MARKETS. CHECK WITH AFTEC FOR THE LOCATIONS&DESIGNS PRODUCED BY LICENSED MANUFACTURERS*. 4. FOOTING DIMENSIONS VARY ACCORDING TO WALL HEIGHT AND JOB SITE CONDITIONS. 8'[44. 0 PANEL/COLUMN COLUMN ELEVATION STACKED STONE PA / SHEET 2 OF 2 7 7 StoneTree®is a Registered Trademark of AFTEC, LLC www.aftec.com ' 1 BASEPLATE �7/8" DIA. HOLES lir% , "II . , . , . . . HINGE SECTION A-A Ai- I ir A C:..-- P/Y WEIGHT HINGES �■ ¢ III (' ) LBS RATED llSTEEL TUBE POST IEGROUTIka iTION ERS) 3/4" DIA. ANCHOR BOLTS e, (BY PTHERS) ' \. 1 , r REV DESCRIPTION BY DATE ;GHTER•SYSTEMS,LLC LSE NOISE BARRIER SYSTEM ®® P.O.Box 7216 DOUBLE SWINGING GATE treveport,Louisiana 71137-7216 ,AX 318-865-7373 DETAILS e www.soundfighter.com wnEsr tr?A io we 5/25/10 B I DOUBLE GATE DETAIL 20 FEET WIDE I Rev OM !ME N.T.S. sm 1 ------__ --,_ ..,- ---------..,. /, -....._ • ----------- / ••••....,.. •••,...._...„, ------- . 1, 'TT) 1 ,. •••,,, 1 \-- I • I •••., -•-•,..„, . . 1 . ,... , . . , , . ., .., - - I' . , 1 . . --.... / . . I . i f. . 7 \ 1 , \ / . , 1 i 1 ff I ' \ . / / , . \ . .. 1. '1' I , .. ..., ef i 1k I I ' \ I 1 . 1 • 1, • 1 I . .\ 1. .. I , \ , .•---',, I I . . 1 \ , '••••• .„....., .....N. I 7 11 :A I . , ---• ; ......._ , -. I :/ , - / I r 1 I I I i BASEPLATE 7/8" DIA. HOLES 1 111191 I III Mil HINGE I SECTION A-A A4--- -}► A JY WEIGHT HINGES III■ ) LBS RATED I!I / STEEL TUBE POST � E I:t Iit ` GROUT Aricimi.4 ! • • \.- Ik . . aII . . . . I c1ION t ERS) 3/4" DIA. ANCHOR BOLTS I \ '' 1 (BY PTHERS) \ ' I REV DESCRIPTION BY DATE iGHTER'SYSTEMS,LLC LSE NOISE BARRIER SYSTEM P® P.O.Box 7216 .4.,an DOUBLE SWINGING GATE reveport,Louisiana 71137-7216 CU.318-861-6640 SAX 318-865-7373 DETAILS e:www.sound68fitecwm &v twe 5/25/10 B �� on N3 DOUBLE GATE DETAIL 20 FEET WIDE OWrxc N.T.S. (aa=r 1 -•-.....__ i 1 ,-..... ....,._ , -..,.._ _. f -..... : . .._ H . ........._ 1 .... N. ---....... --, ... 1 ! 1 'KING PLATES - 1 . ii \ , .,, . . --. . . , . I ... i . L. . i i . . . .., . . </j/ •' . / .• •", . i ,. . . . 0 t i ..f., I/ : 0 I 1 / / 1 t . .0-\ / Ii \ / ., / ! ,-.• i i t . JTJND E ,i 1 ; I I, • IN / 1 • s 1 1 s' /i , •-• 1 . / ., .,• i 'I • /.-, \ , . 7/ 1 / . IIIMINTIMMITM.* . . , ,s9 ,, . ..,i / , tI 1 BASEPLATE 7/8" DIA. HOLES iris iv,riii ,. HINGE SECTION A-A if A A' WEIGHT HINGES IIII D LBS RATED e' AO STEEL TUBE POST Itpfr IE Sul-a I GROUT . \ . \\ 0u' �' 1TION \ , ''' HERS) 3/4" DIA. ANCHOR BOLTS (BY PTHERS) \` 1 REV • DESCRIPTION BY DATE \ ' [MITER'SYSTEMS,LLC LSE NOISE BARRIER SYSTEM DOUBLE SWINGING GATE I �■ P.O.Box 7216 hreveport,Louisiana 71137-7216 \ , . FAX 318-861- DETAILS FAX 318-865-7373 7373 e:www.soundfghter.com live97E N6t 0 OM 10 �l ORE 5/25/10 B DOUBLE GATE DETAIL 20 FEET WIDE s¢e N.T.S. I 1 7 f s, I• —_......__ 1 ..---- ----- -**•,, .I... \ , I i .„.,. , 1 . 1 1 -,.. --.,, , . , . .. . . 1 .. !. . i . . .:: N ) . \\,,x.7 . 7 . . . , , , , . \. 7 , I/ i \ • ., I. /' ; II 1 I , I 'I J \ / l \ . . , . / I'' // \ i \ rs• ., . . er* e/I . . / -. / I / arch, 2015 MAYOR Tom Reid COUNCIL P osition 1 P osition 2 Position 3 Position 4, Mayor Pro Tem P osition 5 Trent Epperson Tony Carbone Scott Sherman Gary Moore Keith Ordeneaux Greg Hill CITY MANAGER interim City Engineer Richard Mencllla, P.E. Eric Wilson Clay Pearson DEPUTY CITY MANAGER Jon Branson Director of Public Works HDR Engineering Inc. Texas Reg. No. F-754 4635 Southwest Freeway, Suite 1000 Houston, Texas 77027 (713) 622-9I64 Fat (713) 622-9265 www.hddnc.cunt PROJECT LOCATION Drawing( List 1-3 PEARLAND PARKWAY (NORTH SIDE) PLAN & PROFILE 4 DOUBLE SWINGING GATE DETAIL SUBMITTED BY: EDWIN R. RYDELL RYDELL DATE3 Zs CC 0 in ,n VI LLJ CO w w a w CO z 0 TIME: STIMES <71 BEGIN PREP ROW BEGIN PRECAST CONC FENCE 1 STA 22•52.57t 68.88 LT X•3157435.9670 Y•13763558.0084 END PRECAST CONC FENCE 1 STA 24.92.99, 68.83' LT X•31 5761 4, 8399 Y•13763397.9945 TEMPORARY CONSTRUCTION —1 EASEMENT PROPtDRILLED SHAFT ITYP) ----EXIST 10' SIDEWALK @ PEARLAND PARKWAY .1I 25+00 Jr NOTES$ 1. THE CONTRACTOR SHALL PLACE THE WALL PANELS SO THAT EXISTING DRAINAGE IS NOT INHIBITED AND THE DIFFERENCE IN ELEVATION BETWEEN WALL PANELS IS MINIMIZED OR AS DIRECTED BY THE ENGINEER. THE TOP OF RIP RAP ELEVATIONS SHOWN ARE APPRO IMATE. 2. ONTRACTOR SHALL RECONNECT DIVIDER FE RECAST CONC FENCE AFTER PANEL INSTAL 3. ONTRACTOR SHALL SUBMIT FENCE RECONN IELD ENGINEER FOR APPROVAL PRIOR TO ECONNECT. 4. GITE SHALL OPEN INTO CREST SHADY DRIVE 5. K OX LOCK SHALL BE INSTALLED ON GATE. BEG STA X•3 Y•1 1 N PRECAST CONC FENCE 2 25'33.03 68.82' LT 57644,6770 763371.3032 PROP DRILLED SHAFT ITYP) EXIST FEN BE REMOVE 1 PEARLAND PARKWAY '--POINT OF FENCE RECONNECT 30' SOUND FIGHTER GATE (SEE MANUFACTURE DETAILS FOR INSTALLATION —TEMPORARY CONSTRUCTION I EASEMENT 1 CES TO PROP ATION, CT DETAIL TO ANY FENCE E TO 0 1 1 1 w 0 Li, N Q 1— V) MATCH LIME 55 50 45 40 35 • OVERALL; LENGTH OF FENCE;1 255': -i-T UNITS 0 15' •' 255.' BEGIN PRECAST CONC FENCE I; STA 22.52457 1 EL; 44.00 23+00 F EL 43:90 NCE EL '43 80 END PRECAST CONC FENCE 1' STA 24.52.99 43.70 24+00 • GATE OVERALL LENGTH OF FENCE2 • 810' — _ . - - - - - t4 tJNI TSr '4; -T5 - BEGIN5�RECAST CONC FENCE 2 S 210" FENCE--1 EL 43.50 1 EL 4A.30' 25+00 • EL`4360 EtX15T TOC A ih1 SbUNb FIGHTER GATE N ROW T_ _ - _ .. _ .. _ . .. E;L 43.80 —EL 43' 60 PRIVATE PROP I� 10'TEMP CONSTRUCTION ESMT ) R :1 FL OF CONC FENCE (DRILLED SHAFT) (CONTRACTOR SHALL FIELD VERIFY PRIOR TO DRILLING SHAFTS) STACKED STONE FAC PAINTED BOTH SIDE' TRAFFIC SIDE --10' SIcow°I FENCE FOUNDATION @15' C-C CONTRACTOR TO DETERMIh SIZE OF FOUNDATION CONC FENCE SECTION 0 25 50 150 100 SCALE 1"=S0' 26+00 27+00 t10. DATE Prated No : 14-069 ------ re • • I, EDWIN R RYDELL rtt, .o: 1, W81553 ,� , stArr .o- F fa EY 1510`t HDR Engineering, Inc. FIRM REGISTRATION No. 754 City of Pearland, Texas PEARLAND PARKWAY FENCE PEARLAND PARKWAY (North Side) STA 22+52.57 TO STA 27+50 Date: February 2015 Own Uy DM _._ cued 0y E R. Swae: 14ORZ 1' = 50' v1R1: 1'=5' AI SHEET 1 OF 3 PLAN VIEW 20'-6" C7x9.8 WELDED DOOR FRAME 1 /4' x3" FLAT BAR DOOR STOP (F S.) FULL LENGTH HEAVY DUTY HINGES / 1000 LBS RATED C`� ANGLE BRACES is NN Nt // // // / LOCKING PLATES // // // • • 1 6'-0" ROAD DOUBLE GATE DETAIL 4 • SEE DETAIL-1 SECTION B—B 1/4" THK LOCKING PLATES 1 /4' x 3" FLAT BAR DOOR STOP (FULL LENGTH OF DOOR) SECTION C—C BASEPLATE 7/8" DIA, HOLES HINGE SECTION A —A HEAVY WEIGHT HINGES 1000 LBS RATED C7x9.8 GATE FRAME 3000 PSI GROUT FOUNDATION (BY OTHERS) DETAIL-1 STEEL TUBE POST 3/4" DIA, ANCHOR B01 (BY PTHERS) • • • REV DESCRIPTION BY THIS DESIGN, DRAWING AND SPECIFICATION IS THE EXCLUSIVE PROPERTY OF SOUND FIGHTER SYSTEMS, LLC. IT AND/OR THE DESIGN THEREIN ARE NOT TO BE COPIED, SOLD, TRANSFERRED OR REPRODUCED IN ANY WAY AND IS SUBJECT TO RETURN ON DEMAND. THE ITEMS DESCRIBED ARE NOT TO BE BUILT OR ASSEMBLED OR IT'S DESIGN CRITERIA DISCLOSED TO OTHER PARTIES WITHOUT THE EXPRESSED WRITTEN PERMISSION OF SOUND FIGHTER SYSTEMS, LLC. SOUND FIGHTER' SYSTEMS, LLC P.O. Box 7216 Shreveport, Louisiana 7113 -7216 TEL. 318 861-6640 FAX 318-865-7373 Website: wenv,soundfighter.com LSE NOISE BARRIER SYSTEM DOUBLE SWINGING GATE DETAILS mow KG wt 5/25/10 WE PROM B . DIA PO DOUBLE GATE DETAIL 20 FEET WIDE Wit N.T.S. lac