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R-2015-032 2015-02-23RESOLUTION NO. R2015-32 A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the construction of the Kirby Drive Underground Duct Bank Facilities Project, from Fruge Road to the future extension of South Spectrum Road, to North Houston Pole Line, LP, in the amount of $563,345.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for the construction of the Kirby Drive Underground Duct Bank Facilities Project have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to North Houston Pole Line, LP, in the amount of $563,345.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the construction of the Kirby Drive Underground Duct Bank Facilities Project. PASSED, APPROVED and ADOPTED this the 23fd day of February, A.D.. 2015. ATTEST: TOM REID MAYOR ``%t IIIIIf/,,,/ • APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY C Resolution No: R2015-32 Exhibit . LJA Engineering, Inc. 2929 Briarpark Drive. Phone 713.953.5200 Suite 600 Fax 713.953.5026 Houston,Texas 77042-3703 www.ljaengineering.com February 12, 2015 • City of Pearland rojects Department 3519 Liberty Dr. Pearland,.Texas 77581 Re: Recommendation of Award Construction of the Kirby Drive Underground Duct Bank Facilities Project (From Fruge Road to Amerlux Property) City of Pearland Bid No:: 0115-14 LJA.Job No. 1957-.1401 (11,0) Dear Sirs: On February 3,2015,we received the bid tabulation for the referenced project. After review of the bid tabulation submitted and receiving favorable recommendations from previous clients such as • finishing work on time and having a great safety record, we recommend that the contract be awarded to the low bidder, North Houston Pole Line, L.P;,for the Total Amount Bid of$563,345.00 and 30/40 calendar days construction time. Enclosed for your review is a copy of the:bid.tabulation. Please call me at 713.953.5274 if you • have any questions regarding the bid. 07 Since ly, :.% / . . Project Engineer QH/ba Enclosure Copy: Mr. James Ross, P.E.;LJA Engineering, Inc. (w/enclosure) Ms. Amada Rodriguez, P.E., LJA Engineering, Inc:(w/enclosure) Ms. Jennifer Lee, City of Pearland(w/enclosure) O:\LAND\1957\1957-1401\RECAWARD_KIRBY DUCT BANK.DOC KIRBY DRIVE UNDERGROUND DUCT BANK FACILITY PROJECT BIDS Event Number 0115-14 Addendum 3 Organization Pearland,TX Kirby Drive Underground Duct Event Title Bank Facilities Project Workgroup Projects Department The Project entails construction of approximately 1,957 L.F.of underground electrical duct bank (1,455 L.F.of 6x6"PVC conduits,285 L.F.of 4x6" PVC conduits,and 217 L.F.of 2x6"PV conduits) contained within an easement along Kirby Drive from Fruge Event Description Rd.to the Amerlux Property. Event Owner Debbie Cody Event Type Invitation to Bid Email dcody@pearlandtx.gov Issue Date 1/15/2015 6:21:48 PM Central Phone 281(652)1732 Close Date 2/3/2015 2:00:00 PM Central Fax Response Submitted Lines Responded Responding Supplier City State Response Total North Houston Pole Line L.P. Houston TX 2/3/2015 10:29:23 AM 15 $563,345.00 2/3/2015 11:10:44 AM 15 $564,359.00 TCH Friendswood TX McDonald Electric Houston TX 2/3/2015 12:55:59 PM 15 $591,169.00 MP Nexlevel of Texas LLC Cypress TX 2/3/2015 12:41:00 PM 15 $624,659.00 Harper Brothers Construction Houston TX 2/3/2015 1:09:30 PM 15 $819,503.00 THE FISHEL COMPANY Roanoke TX 2/3/2015 12:32:30 PM 15 $827,296.39 Engineer's Estimate Houston TX NA 15 $681,577.50 Please note:Lines Responded and Response Total only includes responses to specification. No alternate response data is included. 0115-14 Addendum 3-Page 1 iigt AP 419 ® ...Cuery/Lnfo faSeleition ,�i Druw -.Lat/Long LSystem L Exhibit C-Kirby Drive Duct Bank Facilities Location Map Queries Markup . a' Let/tong Overview Map 0''iik I 0 H E111'i - ri#1 (rw4--- _ mai 'i : ) / !, 0 "-- 0. f,- 4,- ,'", # 0,.., f,,,,,,, , �� Tool:Draw Rectangle X:311148797,V:13778697.07,Longitde:-95.4030,Lat6tde.29.5873 1.12-13°° / Soles Bookmarks Project Manual for: Kirby Drive Underground Duct Bank Facilities Project (From Fruge Road to Amerlux Property) BidNo.:0115 14 January, 2015 Prepared By: LJA Engineering, Inc. 2929 Briarpark Drive, Suite 600 Houston, Texas 77042 Project Manual for: Kirby Drive Underground Duct Bank Facilities Project (From Fruge Road to Amerlux Property) COP Project No.: LK1401 Bid No.: 00115 14 January, 2015 Prepared By: LJA Engineering, Inc. 2929 Briarpark Drive, Suite 600 Houston, Texas 77042 4 k' 1;- FRN F-1386 LJA Engineering, Inc. SECTION TITLE CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 00200 Instructions to Bidders 00300 Bid Proposal 00500 Standard Form of Agreement 00610 Performance Bond 00611 Payment Bond 00612 One -Yeas Maintenance Bond 00615 Partial Waiver of Lien 00700 General Conditions of Agreement 00800 Special Conditions of Agreement 00811 Wage Scale for Engineering Construction DIVISION 1 GENERAL REQUIREMENTS 01100 Summary of Work 01140 Contractor's Use of Premises 01200 Measurement and Payment Procedures 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01380 Construction Photographs 01420 Referenced Standards 01430 Contractor's Quality Control 01440 Inspection Services 01450 Testing Laboratory Services 01500 Temporary Facilities and Controls 01505 Mobilization 01550 Stabilized Construction Exit 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01561 Reinforced Filter Fabric Barrier 01562 Waste Material Disposal 01563 Tree and Plant Protection 01564 Control of Ground Water and Surface Water 01565 TPDES Requirements 01566 Source Controls for Erosion and Sedimentation 01570 Trench Safety System 01580 Project Identification Signs 01600 Material and Equipment 01630 Product Options and Substitutions 01720 Field Surveying 00010 - 1 of 3 CITY OF PEARLAND TABLE OF CONTENTS 01750 01760 01770 Starting Systems Project Record Documents Contract Closeout DIVISION 2 - SITE WORK 02200 Site Preparation 02220 Site Demolition 02252 Cement Stabilized Sand 02255 Bedding, Backfill, and Embankment Materials 02316 Excavation and Backfill for Roadways 02317 Excavation and Backfill for Structures 02318 Excavation and Backfill for Utilities 02330 Embankment 02335 Subgrade 02370 Geotextile 02415 Augering Pipe or Casing for Sewers 02417 Augering Pipe or Casing for Water Lines 02510 Water Mains 02511 Water Meters 02512 Polyethylene Wrap 02513 Steel Pipe and Fittings for Large Diameter Water Lines 02514 Fire Hydrant Assembly 02515 Water Tap and Service Line Installation 02520 Valve Boxes, Meter Boxes, and Meter Vaults 02530 Gravity Sanitary Sewers 02531 Sanitary Sewer Service Leads or Reconnections 02532 High Density Polyethylene (HDPE) Solid Wall Pipe 02533 Sanitary Sewage Force Mains 02534 PVC Pipe 02540 Tapping Sleeves and Valves 02541 Water and Wastewater Line Valves 02542 Concrete Manholes and Accessories 02582 Thermoplastic Pavement Markings 02603 Frames, Grates, Rings, and Covers 02624 Structural Plate Culvert Structures 02628 Jacking Pipe or Box 02629 Safety End Treatments 02630 Storm Sewers 02631 Precast Inlets, Headwalls, and Wingwalls 02632 Cast -in -Place Inlets, Headwalls and Wingwalls 02633 Adjusting Manholes, Inlets, and Valve Boxes 02634 Ductile Iron Pipe and Fittings 02635 Steel Pipe and Fittings 02636 Polyurethane Coating on Steel or Ductile Iron Pipe 02710 Base Course for Pavement 02741 Asphaltic Concrete Pavement 02742 Prime Coat 02743 Tack Coat 00010-2of3 CITY OF PEARLAND TABLE OF CONTENTS 02744 Single Course Surface Treatment 02751 Concrete Pavement 02762 Temporary and Removable Reflectorized 02770 Curb, Curb & Gutter, and Headers 02771 Concrete Sidewalks 02775 Concrete Driveways 02811 Landscape Irrigation 02820 Wood Fences and Gates 02821 Chain Link Fences and Gates 02910 Topsoil 02921 Hydromulch Seeding 02922 Sodding 02931 Landscape and Tree Planting 02980 Pavement Repair and Resurfacing 02981 Blast Cleaning of Pavement DIVISION 3 - CONCRETE 03300 03310 13730 Cast In Place Concrete Structural Concrete Computer Equipment Pavement Marking END OF SECTION 00010-3of3 NOTICE TO BIDDERS CITY OF PEARLAND, TEXAS Sealed Electronic Bids will be accepted until 2:00 p.m., Tuesday, February 3, 2015 and read aloud into the public record for the following project: Kirby Drive Underground Duct Bank Facilities Project From Fruge Road to Amerlux Property City of Pearland, Texas COP PN: LK1404 BID NO.: 0115-14 The Project entails construction of approximately 1,957 L F of underground electrical duct bank (1,455 L F of 6x6" PVC conduits, 285 L F of 4x6" PVC conduits, and 217 L F of 2x6' PV conduits) contained within an easement along Kirby Drive from Fruge Rd. to the Amerlux Property. A Mandatory Pre -Bid Conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581 at 2:00 p.m. on January 27, 2015. Bids should be submitted through the E-Bid system located on the City's website at: https://pearland.ionwave.net/Login.aspx or by hard -copy to the office of the City Secretary, 3519 Liberty Dr., Pearland, Texas 77581 by the above stated time. Interested Bidders are advised to register as a `supplier" on the City s E-Bid System at the above website by clicking on "Supplier Registration" and completing a short registration questionnaire. Electronic B'd Documents, including Plans, Technical Specifications and Bid Forms are available for download after registration is approved by City Purchasing office. No plan fees or deposits are required for bid documents obtained through the City's E-bid System. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebids(2pearlandtx.gov. Bid Documents are also available for review at the City of Pearland's Purchasing Department by appointment (281 652-1600) at the above address or, from the following plan houses: Amtek Plan Room The Associated General Contractors of America, Inc. Associated Builders & Contractors of Greater Houston Dodge Reports (713) 956-0100 (713) 334-7100 (713) 523-6222 (713) 316-9411 Bid Security, in the form of Cashier's Check, Certified Check, or Bid Bond, payable to the City of Pearland in the amount of 5% of the total base bid price, must accompany each Bid proposal. See Instructions to Bidders for Bond submittal information and instructions. The City of Pearland reserves the right to reject any or all bids Young Lolling, TRMC City Secretary, City of Pearland First Publication date January 15, 2015 Second Publication date January 22, 2015 05-2014 O:\LAND\1957\1957-1401\Biddocs\00100 Notice to Bidders E-Bid revl-12-15.doc 00100 - 1 of 1 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City" Both terms are synonymous and refer to the City. 1.2 The term ' Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The tennnn "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). 1.3 The teen "E-bid System" refers to the City's electronic bidding system. This is a web - based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids in response to advertisement and invitation. The term "e-bid" and/ or ' electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Owner by way of the E-bid System. The terms "electronic bid" or "e-bid" are used inter -changeably to describe the above bid process to submit an authorized bid to the City in response to an Invitation to Bidders. 1.4 The term "Pro-Trak" means the City s web -based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Bidder at the pre -Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 2 Registration for E-bid System 21 The Owner's E-bid System is accessible via the City's web site at https://pearland.ionwave.net/Logm aspx. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. Potential Bidders MUST REGISTER as a ` Supplier' by clicking on the Supplier Registration button and completing the registration form. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services, New (Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy (Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) 12-2014 00200 - 1 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Select the appropriate Time Zone for the Bidder's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, ` suppliers' will receive emails notifying of bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to: ebids@pearlandtx.gov. 3. Copies of Bidding Documents 3.1 Complete sets of "electronic" Bidding Documents are available for download to registered Bidders at No Cost from the City's E-bid System at: www.cityofpearland.org/bids. Interested Bidders must register as a "Supplier" on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer. All Bid Documents are available to download and print 3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Bid Documents automatically ensures receipt of any and all subsequent communications from the City or its Engineer. 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses hsted in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub -bidders bidding to a Bidder, register as a Supplier and download the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents including, but not limited to all Addenda issued prior to bid. 3.4 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 4. Qualifications of Bidders 4.1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2) days of Owner s request any or all of such Qualifications requested: 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; 12-2014 00200 - 2 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 2) A list, including owner name and project location, of on -going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3) A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder s net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder s ability to provide sufficient financial management of the project being bid. The Bidder s Financial Statement shall be clearly and conspicuously marked as "confidential' , and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder. 5. Examination of Contract Documents and Site 5.1 It is the responsibility of each Bidder before submitting a Bid Proposal to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f) to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project. 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 5 4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for perfotnning and furnishing the Work in 12-2014 00200 - 3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5.6 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures ate to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Interpretations and Addenda 6.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda dehvered or transmitted by electronic means to all registered Bidders to the City's E-bid System. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's E-bid System. 7. Bid Security 7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond ("Bid Security"). 7.2 Bidders submitting bids through the E-bid System shall scan and up -load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check) as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 12-2014 00200 - 4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement, and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security. The Bid Security of other Bidders will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Bidders will be returned. 8. Contract Time 8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal foini and the Standard Form of Agreement subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time"). All references to "time' or "days" shall be interpreted as consecutive calendar days. 9. Liquidated Damages and Early Completion Bonus 9.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Faun of Agreement. 10 Substitute or "Or -Equal" Items 10.1 The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or ' or -equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or -equal" references shall be interpreted to mean "or approved equal". The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 11. Bid Form 11.1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates if any. Incomplete Bid Proposals may be cause for rejection. 11.2 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary 12-2014 00200 - 5 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS The corporate address and state of incorporation must be shown below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.3 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 11.6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 12. Submission of Bid Proposals 12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City's E-bid System electronic bidding software All Bidders utilizing this system MUST register as a potential supplier, (Bidder) E-Bids are submitted directly via the City's Web based system located at https //pearland.ionwave.net/Login.aspx. Bid Proposals submitted after the bid date and time will be rejected. 13. Modification and Withdrawal of Bid Proposals 13.1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without prejudice. 13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 13.3 A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. 13.4 If, within twenty-four (24) hours after Bid Proposals are opened any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or, at the discretion of the Owner, Owner may make a claim against the bid security. Thereafter, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 12-2014 00200 - 6 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 14. Opening of Bid Proposals 14.1 Bid Proposals will be opened and (unless obviously non -responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 15. Bid Proposals to Remain Subject to Acceptance 15.1 All Bid Proposals will remain subject to acceptance for sixty (60) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 16. Award of Contract 16.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder Owner may reject a bid as non -responsive if: 1) Bidder fails to provide required Bid Security, 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal; 6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non -responsive. Contracts are awarded on the basis of one of the following criteria: A) provision of the "Best Value" or B) Lowest Responsible Bidder 16.2 Best Value. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. A contract to be awarded to the Bidder offering the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. 16.3 Lowest Responsible Bidder. In determining Lowest Responsible Bidder, Owner will consider: Lowest Total Bid price for all work including Base Bid Extra Work and Alternates, if any, and any other cost criteria. Additional evaluation criteria may include: the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requii ements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the 12-2014 00200-7of8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre -bid meeting. 16.4 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 17. Contract Security 17.1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 18. Signing of Agreement 18.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 19. Pre -bid Conference 19.1 A pre -bid conference will be held as indicated in the Invitation to Bid. 20. Retainage 20.1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 12-2014 00200 - 8 of 8 CITY OF PEARLAND RRD PROPOSAL Section 00300 BID PROPOSAID, Part A Date: Mat' Elf 2o/3< Bid of goeV7/ /3>?67't/ 272e hilt f_ . P , an individual proprietorship / a corporation organized and existing under the laws of the State of Texas / a partnership consisting of , for the construction of: KirI 3y Drive Underground Duct it ank Facilities Project City of Pearland, Texas COP PN: LKI4O1 BIB NO.: 0115=14 (Submitted in Electronic format) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes to perform all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Kirby rive Underground ilruct Bank Facilities Project with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by the Design Engineer, IAA Engineeri i g, Inc., 2929 Briarpark, Suite 600, Houston, TX 77042, for the unit prices or applicable prices set forth in Exhibit "A", the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included and has been uploaded as an attachment within the E-bid system and, that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, 2" Floor, City Hall, 3 519 Liberty Drive, Pearland, Texas 77581. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within the time stated and for the prices stated in Part B of this proposal along with all required insurance in the required amounts. 12-2012 Bidder's Initial's: 00300 - 1 of 2 2 CC 0 u. EXHIBIT "A" Contractor Name Kirby Drive Underground Duct Bank Facilities Proje' O 0 0 O 0 T T J J MOBILIZATION (NOT TO EXCEED 3% OF BID) Ln 0 L0 0 TRAFFIC CONTROL AND REGULATION W H 0 0 g g Z ao_a0 W Q Q- ¢ LL N UL D: 0.J0< 0tC U2UD. N M LE- _J 0 CC 0 a 0 wz a Wu) Z Z 0 a~ CC c0 H¢ U 0 0 N co N LL J OO z J � Q Q D T M LL �w W W WZ ZO U CD LI)1 CC F_ AL] 0 EL 0 4 cn 0 Q 0 0 N J 0 0 } CC: O a cc0 Z a W (/)j Z Z O_ CL~ I--m ZvJ W U 0 cf) J J D a. 0 Z 0 0 ate. Z cc U W J 0 CO z 0 (D Q N X W w T N LL J Z WO U -) Cr W 0w0 U zz < Z Z_ U CO H D CC W C/) Da.. a. O sc ZQU 0 J p uj Z H QQw J F.. pc co W Z W Z F- 0 (U21 W Z Y0ZCtO m Q CO O C C W W U W pQwF-U _ = wccOciQ a= (7 O Z 0 OLL�- Z z Z m Z OOw—J U U CC > D_ EV LL J 0 0 }m Oa D: 0 z a W u) Z Z O CC op UU) O Ln W 3-WAY MANHOLE, ALL DEPTHS, COMPLETE IN PLACE TO CENTERPOINT SPECS O O cc) 5 0 }¢ 0 a ¢0 z a w u) F- z z0 ~ D W CC Z tz U O 0 0 J w w p =a J 1 U ZU ci Q J J co 0 O Z CO } Z Q Q C3 PC Z W O 0- m U Z �- O n. Uw W ct 0 m CC O z • Q cc0 O W cn 0� Uw J Q Z W O 0 H CC o EL Q Q Q J CL N N CC 0 LL U LL 0 a.. U Z Z ww O a Q ti co 0 00 LL J } J 0 0 cn LU UJ 0 Z U LL CC cc LC m J w U LL U W L 0 Q 0 Z CC U a CO LL CC w J UL CC EIC OWu. _ Z m ar cc op O) 1 co b ui 0 J 0 z J CL z 0 a. Z w z 0 J J 0 a. LC 5 m 0 J ct LL U 0) z cc cn H 0 J 0 0 cC 0 cc 0 It co N T 0 U g w L5 CL 0 CC Z CC CC Q U' LL O U J a O 11- Cr CC O 0 0 T W U g Z STAGE II INLET PROTECTION BARRIERS, COMPLETE r J Q STABILIZED CONSTRUCTION EXIT, COMPLETE IN PLACE Z 0 ~Q 0 0w 0 m 2 ft 0 z Z 0 O OZ a Z N O D: (A Cp (/) D0 aH (Ow (i)u� 0 T T T SITE RESTORATION TO INCLUDE HYDROMULCH SEEDING OF DISTURBED AREA N N 0 HYDROMULCH SEEDING N T EXTRA WORK ITEMS 0 0 u T 0 0 0 T J WELL POINTING, COMPLETE IN PLACE (D in T 0 0 0 0 to T LL J W WET SAND BEDDING, COMPLETE IN PLACE ADDITIONAL 3-WAY MANHOLE O 0 (r) 5 cc w U 0Q¢o0 Dui_JUJOF--�W z CC < 2 W a u.WQzZp 0 0 m w p- 0u-(DYCE= a: Z m �0QFw-a: Z m CDm Z 0 0CCw2w- 0 0 m W 0 0 T N M CITY OF PEARLAND BID ]PROPOSAL i The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within sixty (60) days after the date of the Notice to Proceed. Time for Substantial Completion shall begin on the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: / Date: 1/4_, ,2o/c Addendum No.: 3 Date: 2 3 ,2o/6 Addendum No.: 2- Date: //3c/toiff .Addendum. No.: Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Name: / v1; // .7- 2//222te: BYb, Title: KITe�,� ��A�rdr Address: 1 a:94/Z %/4s;ro f";(` 5 7 -7;37 Phone No: J5JY 1/1/7. 9oz • ATTEST: (Typed or Printed Name) Signature Date. l'5',//i Loon, ��,r&/5 END OF SECTION (Seal, if Bidder is a Corporation) Bidder's Zniiial s. 12-2012 00300 - 2 of 2 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT isby and between City of Pearland (hereinafter called OWNER or City) and //277l fI 6toiA/ /tits 4,edg 1. A (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the `Work"). The Work is generally described as follows: Kirby Drive Underground Duct Bank Facilities Project From Fruge Road to Amerlux Property City of Pearland, Texas COP PN: LK1401 BID NO.: 0115-14 Article 2. ENGINEER The Work has been designed by James Ross, P E , LJA Engineering, Inc., 2929 Briarpark, Suite 600, Houston, TX 77042 who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within sixty (60) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised m the Special Conditions if applicable), and completed and ready for Final Payment within seventy (70) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars $500.00 for each day that expires after the time specified in paragraph 3.1 12-2014 OALAND\1957\1957-1401\Biddocs\00500 Standard Form ofAgreement 12-2014.docx 00500 - 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT in paragraph 3.1 for Substantial Completion until the Woik is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER one thousand dollars $1000.00 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 $563,345.00 (the "Contract Price"). The Contract Price includes the Base Bid as shown in Document 00300 — Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case less the aggregate of payments previously made and less such amounts as ENGINEER shall determine or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and furthei less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable 12-2014 00500 - 2 of 7 CITY OF PEARLAND STAN'1 ARD FORM SF 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 09 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other teens 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 00500-3 of 12-2014 O:\LAND\1957\1957-1401\Biddocs\00500 Standard Form of Agreement 12-2014.doex CITY OF PEARLAND STANDARD FORM OF AGREEMENT said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement (Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement (Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 10 inclusive with attachments with each sheet bearing the following general title: Kirby Drive Underground Duct Bank Facilities Project. 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. 12-2014 O:\LAND\1957\1957-1401\Biddocs\00500 Standard Form of Agreement 12-2014.docx 00500 - 4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there ate 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 12�2014 O:\LAND\1957\1957-1401\Biddocs\00500 Standard Form of Agreement 12-2014.docx 00500 - 5 of 7 CITY OF PEARLAND STAN'J AID FORM OF AGREEMENT parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER Any fraud, forgery, misappropriation of funds receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly cause an employee of the OWNER to engage in such misconduct. 9.12 The CONTRACTOR agrees to comply with Appendix A (attached) of the City of Pearland's Title VI Nondiscrimination Plan Assurances. 12-2014 O:\LAND\1957\1957-1401\Biddocs\00500 Standard Form of Agreement 12-2014.docx 00500 - 6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: , &/,f,e�/ f' 20/57. OWNER: CONTRACTOR: CITY OF PEARLAND ,a�f/' 4/,S72w' , ///v G.0 By: k Title:ram' i (�iT /�Aw rF VP � p !�• Title: Or Date: FtbLU A el 24 go' 5 Date: /a/.iaR-�/ (Corporate Seal) A I IESIAA.LL , 4ATTEST ram` Address for giving notices ''��''�H� I t 1‘0`‘ Phone: Fax: Agent for service of process: END OF SECTION 12-2014 00500-7 of 7 O:U.AND\1957\1957-1401\Biddocs\00500 Standard Form of Agreement 12-2014.docx an- OF PEARLAND STATE OF TEXAS § COUNTY OF BRAZORIA § PERFORMANCE BOND • Section00610 Bond 4f82388293-906003750 PERFORMANCE BOND North Houston Pole Line, L.P. KNOW ALL ;MEN BY THESE PRESENTS: That A of the City of Houston , County of Hams , and State of Texas, as principal, and Federal Insurance Company/Liberty Mutual 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 sure of $ 563,345.00 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: SS, the Principal has entered into a certain written contract with the Owner, effective as of the 23rd. day of February , 20 15 (the "Contract") to commence and complete the construction of certain improvements described as follows: Tatty Drive Underground Duct Bank Facilities Project City ofPearland, Texas COP PN: LK1401 BID NO.: 011544 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 CONDIYION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work perfoi i i ted thereunder, or the plans, specifications or drawings accompanymg 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. * Five hundred sixty three thousand three hundred forty five and 00/100 12/2007 00610 -1 of 2 ti CITY OF FEAR ND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23rd ., day of February , 20 15. Principal: North Houston Pole Line, L P. By: Title: ill 1'674 na OP/ f • Address: 850 Aldine Mail Route Houston, TX 77037 Telephone: 832-448-6319 Fax: 832-448-9068 • Surety: Federal Insurance Company Liberty utual Insurance Company r B Title: DiLynn Gue Attorney -In -Fact Address: 15 Mountain View Road, Warren, NJ 07059 175 Berkeley Street, Boston, MA 02116 908-903-2000 Telephone: 617-357-9500 908-903-3656 Fax: 720-497-9529 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH HICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-4FREE TELEPHONE NUMBER; 11-800-252n3439. END OF SECTION 12/2007 00610-2of2 CITY OF R A.R£.AN➢ PAYMENT B 0 ND Section 00611. Bond #82388293-906003750 PAYMENT BOND STATE OF TEXAS' § COUNTY OFBRAZORIA § INOW ALL MEN BY THESE PRESFNTS• That North Houston Pole Line, L.P. of the City of Houston , County of Harris , and State of Texas, as principal, and Federal Insurance Company/Liberty Mutual Insurance Company authorized 7mder the laws of the State of Texas to act as surety on bonds for principals, am held and firmly bound unto City of Pearland as Obligee (Owner), in the penal slim of $ 563,345.00---- * 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 23rd. clay of February 2015 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Kirby Drive Underground Duct Bank Facilities Project City of Pearland, Texas COP PN: LK1401 BID NO.: 0115-14 which Contract, including the Contract Documents as defined therein, is hereby referred to and made apart hereof as tally and to the same extent as if copied at length herein.. NOW THEREFORE, THE COND1IION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to hun or a subcontractor in the prosecution of the Worlc 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 o31 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 perfo.i used thereunder, or the plans, specifications or drawings accompanymg 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. * Five hundred sixty three thousand three hundred forty five and 00/100 07/2006 00611-1 of 2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23rd. day of February , 20 15, Principal: North Houston Pole Line, L P. y: Title: IMP of &NfW77oIYS Address: 850 Aldine Mail Route Houston, TX 77037 Telephone: 832-448-6319 Fax: 832-448-9068 Surety: Federal Insurance Company Liberty Mutual Insurance ompany Title: DiLynn Guern,,Attorney-in-Fact Address: 15 Mountain View Road, Warren, NJ 07059 175 Berkeley Street, Boston, MA 02116 908-903-2000 Telephone: 617-357-9500 908-903-3656 Fax: 720-497-9529 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; 14300M2521•3439. END OF SECTION 07/2006 00611 - 2 of 2 cnY OF PEARLAND ONK-YEAR MAINTENANCE BOND Section 00612 Bond #82388293-906003750 ONE-YEAR MAIN 1J3 NANCE BOND STAI'B OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY TBESE PRESENTS: That North Houston Pole Line, LP. of the City of. Houston , County of Harris , and State of Texas, as principal and Federal Insurance Company/Liberty Mutual insurance Company authorized ender 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 $ 563,345.00 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 23rd. day of February 20 15 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Kirby Drive Underground Duct Bank Facilities Project City of Pearland Texas COP PN: LKI401 BID NO.: 0115-14 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 TS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period. from the date of substantial completion, then this obligation shall be void; otherwise to remain in. full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the teens 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. * Five hundred sixty three thousand three hundred forty five and 00/100---- 07/2006 00612-1 of 2 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23rd. day of February , 20 15, Principal: North Houston Pole Line, L.P. B yi,C Title: rp 0 (9P6-117/001S- Surety: Federal Insurance Company Liberty Mutual Insurance onipany By: Title: Dilynn Guer► 9tt9rney-In-Fact Address: Address: 850 Aldine Mail Route Houston, TX 77037 Telephone: 832-448-6319 Fax: 832-448-9068 15 Mountain View Road, Warren, NJ 07059 175 Berkeley Street, Boston, MA 02116 908-903-2000 Telephone: 617-357-9500 908-903-3656 Fax: 720-497-9529 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WfCJJ ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUIVIBER; .F800-252-3439. END OF SECTION 07/2006 00612--2of2 o Chubb Surety POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE .OMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Florietta Acosta, Donald E. Appleby, Todd Bengford, Sarah C. Brown, Dilynn Guern, Cheryl M. Husted, Lindsey Knickerbocker Susan J. Lattarulo, Kevin W. McMahon Mark Sweigart and J R Trojan of Denver, Colorado each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMP/JIY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 29 day of July, 2014. avi Edwards, Assistant Secretary STATE OF NEW JERSEY County of Somerset On this 29ti1 day of July, 2014 before me, a Notary Public of New Jersey, personally came David J. Edwards, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said David J. Edwards, being by me duly swom, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attomey are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attomey as Assistant Secretary of said Companies by like authority; and that she is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attomey is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. ss. Notarial Seal KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY No. 2316685 Commission Expires July 16, 2019 CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by Ole Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached: I, David J. Edwards. Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attomey is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this February 23, 2015 David J. Edwards, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE. OR BY Telephone (908) 903- 3493 Fax (90) 903- 3856 e-mail: surety@thubb.com Form 15-10- 02258- U GEN CONSENT (rev. 02-14) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6752757 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, DiLynn Guern, Donald E. Appleby; Florietta Acosta J. R Trojan Kevin W. McMahon; Mark Sweigart; Sarah Brown; Susan J. Lattarulo; Todd Bengford all of the city of Denver , state of CO eachindividually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons: IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authonzed officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 22nd day of October 2014 By STATE OF PENNSYLVANIA. ss COUNTY OFMONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company David M. Carey; Assistant Secretary On this 22nd day of October 2014 , before me personally appeared David M. Carey, who acknowledged himselfto be .the Assistant Secretary of American Fire. and Casualty Company, Liberty. Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above wntten. B iiiteilto Teresa Pastella , Notary Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmencan Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WestAinencan Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-m-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company. authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to. the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-jn fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company. with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, ofAmencan Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance. Company, and West American Insurance Company do hereby certify that the onginal power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23rd , day of February , 20 15 By: Gregory W. Davenport, Assistant Secretary any business day LMS 12873 122013 134 of 300 INSR ADDL LTR TYPE OF INSURANCE INSD P1 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- JECT A POLICY OTHER: LOC O ACL7►R CERTIFICATE OF LIABILITY INSURANCE 5/1/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 5847 SAN FELIPE, SUITE 320 HOUSTON TX 77057 866-260-3538 INSURED NORTH HOUSTON POLE LINE CO 1365788 A QUANTA SERVICES COMPANY 1608 MARGARET STREET HOUSTON TX 77093 CONTACT NAME: DATE (MM/DD/YYYY) 2/16/2015 PHONE (A/C No, Ext): E-MAIL ADDRESS: FAX (A/C, No): INSURER(S) AFFORDING COVERAGE INSURER A : Old Republic Insurance Company INSURER B : NAIC # 24147 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 13357170 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EXP (MM/DD/YYYY) SUBR WVD N POLICY NUMBER MWZY 60331 POLICY EFF (MM/DD/YYYY) 8/1/2013 5/1/2015 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY X X X ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB X SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE RETENTION $ DED WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N/A N Y MWTB 22002 NOT APPLICABLE MWC 301920 00 8/1/2013 5/1/2014 5/1/2015 5/1/2015 COI fBINi- ' SII GFE Ili I' (Ea accident) 1,000,000 1,000,000 10,000 1,000,000 1,000,000 1,000.000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE X E< STATUTE 1' I - ER $ 1,000,000 $XXXXXXX $ XXXXXXX $ XXXXXXX $ XXXXXXX $ XXXXXXX $ XXXXXXX $ XXXXXXX E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ 1,000,000 $ 1.000.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION 13357170 City of Pearland 3519 Liberty Dr Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2014 ACORD CORPORATIO All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ;NTINUAnow DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only IF more space is required) The General Liability policy includes a blanket automatic additional insured endorsement [provision] that confers additional insured status to the certificate holder only if these is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy. / The Workers' Compensation policy includes a blanket automatic waiver of subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requ res it. In the absence of such a contractual obligation on the part of the named insuied the waiver of subrogation feature does not apply. / 30 DAY NOTICE OF CANCELLATION IS INCLUDED ON THE POLICIES 3ORD 25 (2010/05) Certificate Holder ID: 13357170 CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: Kirby Drive Underground Duct Bank Facilities Project From Fruge Road to Amerlux Property, City of Pearland, Texas COP PN: LK1404, Bid No. 0115-14. In consideration of Pay Estimate No. in the amount of $ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through • In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. State of County of Subscribed and sworn to, before me, this Signature Printed Name & Title My Commission Expires: Company Name day of , 20 • Notary Public 5-12-12 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day 1.07-1 Rain Day 1.07-2 Impact Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 1.12 Contract Time 1.13 Construction Inspector 1.14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4 2.01 No Warranty of Design 2.02 Right of Entry 2.03 Ownership of Plans 10-2012 00700-i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 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 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700 - i i 8 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 10-2012 00700 - iii 18 21 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.03 Estimated Quantities 6.04 Price of Work 6.05 Payments 6.06 Partial Payments 6.07 Use of Completed Portions & Punchlist 6.08 Substantial Completion 6.08-1 6.09 Final Payment 6.10 Correction of Work Before Final Payment 6.11 Correction of Work After Final Payment 6.12 Payments Withheld 6.13 Delayed Payments 7.0 EXTRA WORK AND CLAIMS 27 7.01 Differing Site Conditions 7.02 Change Orders 7.03 Change Orders 7.04 Request for Work Approval for Work on Non -Work Days 7.05 Minor Changes 7.06 Extra Work 7.07 Time of Filing Claims 8.0 DEFAULT 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 8.04 Cross -Default 10-2012 30 00700 - iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE Bl ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012 00700 - v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. 1 he term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1 02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract' or the `Agreement" in these General Conditions of Agreement shall include the Contract Documents The Contract Documents are complementary and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 — Workers' Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) (6) (7) (8) Addenda, if any; Plans and Specifications referenced or included in the Project Manual; Instructions to Bidders; Bid Proposal; and 10-2012 00700 - 1 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, partnership joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Fowl 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 FNGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work' , as used in this Contract shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-2012 00700 - 2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost for Construction Management and Inspection Services for work on non -work days. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY* As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED* The terms "Substantially Completed", or "Substantially Complete" or `Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES Whenever the words "directed", "permitted' , ` designated', "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", ` acceptable' , `satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 10-2012 00700 - 3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 10-2012 00700 - 4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and apphcable codes, standaids or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS. All plans, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 10-2012 00700 - 5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss foi 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 foui (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 Woik and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER 10-2012 00700 - 6 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.04 INSPECTION BY ENGINEER. The ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional /or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on -site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm o1 corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective o1 non -conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 10-2012 00700 - 7 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-2012 00700 - 8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 — Wage Scale for Engineering Construction, or Document 00813 — Wage Scale for Building Construction, or both, as set out in the Project Manual. 4.04 ASSIGNMENT AND SUBLE'1`1ING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or matenals required in the perfoiniance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent (100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00 the statutory bonds will not be required All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All bonds shall be issued by Texas Department of Insurance approved surety companies. 4.06 INSURANCE The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. 10-2012 00700 - 9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR S DUTY AND SUPERINTENDENCE The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper perfonnuance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR The Superintendent cannot be removed from the project without the consent of the Owner the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other foims of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 00700 - 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINFFR or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste tools, scaffolding and surplus materials, and shall leave the Work broom -clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted piactice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Woik within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules 10-2012 00700 - 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER s approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR s performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all submittals, review comments, notes, corrections, schedules and updates, testing results, payment applications, instructions and other communications by means of the OWNER'S Pro-Trak. The OWNER, ENGINEER and CONTRACTOR shall each retain such hard copies form this system as are required for their specific record keeping requirements. No documents shall be removed from this system or destroyed except those being replaced by the systems protocols as a latest version document. All requirements for written communications, submittals, comments, instructions or other documents processed by means of this system shall have the same legal or time sensitive status as if they had been hand delivered in hard copy to their intended addressee. 4.18 ENGINEER -CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed when such directions and instructions are consistent with the obligations of this Agreement and the Contract Documents, provided, however, should the CONTRACTOR object to any orders by any 10-2012 00700 - 12 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subordinate engineer representative or observer, the CONTRACTOR may, within three (3) days, make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER' s representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 10-2012 00700 - 13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 LIABILITY FOR PROPER PERFORMANCE Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods incident to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and persons entering the project site, as well as for the protection of the improvements being erected and the property of himself or any other person as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. 10-2012 00700 - 14 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities shall be allowed on the Work site. Violation of this provision is a default under the Contract. The use possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight (8) hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably 10-2012 00700 - 15 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise, between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR OR BY ANY UNION TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE, ATTORNEY S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-2012 00700 - 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BF LIABLE REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 10-2012 00700 - 17 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re -execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re -execution. This guarantee shall covei 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. Neithei the Certificate of Substantial Completion, Final Payment, nor any provision in the Contiact Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non -conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER S other rights under common law with respect to any defects, deficiencies or non -conforming Work discovered after one year If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by strikes lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the 10-2012 00700 - 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR' s sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any `per diem' adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER s representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time It is expressly understood and agreed by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further 10-2012 00700 - 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agrees that a failure to complete on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event -giving rise to the claim. Notice of the extent of the claim, along with supporting data shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL• Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors perfouuuing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work fires floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 10-2012 00700 - 20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT to fault of OWNER. An extension of Contract time shall be CONTRACTOR' s sole and exclusive remedy foi any such delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the Work to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in accordance with the Contract Documents. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered, unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Contract Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences, unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal and Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, OWNER and CONTRACTOR agree that the Contract is a unit cost agreement, unless stated otherwise, and that the final Contract amount is equal to the unit cost multiplied by the number of units authorized, installed and approved by the Owner. The OWNER does not assume any obligation to pay foi any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for 10-2012 00700 - 21 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT all expenses incurred by him, and for full performance of the Work and the whole thereof in the mannez and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non -conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount, prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer s recommendations and as approved by the OWNER or ENGINEER at the Work site only. No payment will be made for matenals 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 RNGINEER and all verifications and certification of such applications shall be made and transmitted within the Pro- Trak system and signed with the appropriate electronic signatures as provided for in the software. 10-2012 00700 - 22 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Such applications for payment shall not be considered complete unless accompanied by the CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed by an authorized representative of the CONTRACTOR and reflecting the correct corresponding amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of FNGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER s notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood however, that in case the whole Work be near to completion as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under "6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above -stated percentages. 6 07 USE OF COMPLETED PORTIONS & PUNCHLIST The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNRR written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is ` Substantially Complete '. Such notification shall include a list of all outstanding or incomplete items Upon receipt, and within a reasonable time thereafter of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine 10-2012 00700 - 23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed hst 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 hst of non -conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may estabhsh an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as (a) the Work including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As -Built Drawings, reflecting all deviations from the Plans Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; 10-2012 00700 - 24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (0 (g) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections / approvals / acceptances by city, county, state governmental entities or other authorities having jurisdiction; CONTRACTOR dehvers 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; CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross -claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- confo.uumg Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials equipment or Work which is defective or otherwise not in confonliiance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within ten (10) business days after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and remedy such work at CONTRACTOR's expense. 10-2012 00700 - 25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship; to the extent such damage is not covered by OWNER' s insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non -conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (e) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (f) Reasonable indication that the Work will not be completed within the Contract Time; (g) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction, the withheld payment shall be made promptly. If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost 10-2012 00700 - 26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 DIFFERING SITE CONDITIONS. During the progress of the work, if subsurface, latent physical conditions or unknown physical conditions of an unusual nature are encountered at the site that differ materially from those indicated in the contract or from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, the CONTRACTOR shall notify the OWNER' s Representative in writing within three (3) calendar days of the specific differing conditions before the site is disturbed and before the affected work is performed. (a) Upon written notification, the ENGINEER will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The ENGINEER will notify the CONTRACTOR in writing of the determination whether or not an adjustment of the contract is warranted. (b) No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven (7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension, the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a) Upon receipt, the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers or subcontractors at any approved tier, and not caused by weather, the ENGINEER will make 10-2012 00700 - 27 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT an adjustment (excluding profit) and modify the contract in writing accordingly. The CONTRACTOR will be notified of the ENGINEER s determination, in writing, whether or not an adjustment of the contract is warranted. (b) No contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. (c) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 7.03 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time, which may result from the change. 7.04 In accordance with paragraph 1.07 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall, upon receipt of written notice by the CONTRACTOR of the need to conduct work on otherwise non -Work Days, prepare a cost estimate for providing Construction Management and Inspection services during the requested period and submit this to both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall prepare a Deductive Change Order in the amount stated in the estimate for the signature of the CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non -Work Day. 7.05 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7.06 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change Directive, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method (A) --By Contract unit prices applicable to the work, if any; or 10-2012 00700 - 28 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Method (B) --By agreed unit prices or agreed stipulated lump sum price; or Method (C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the `Actual Field Cost" of the work plus: a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten (10%) for the subcontractor plus five (5%) for the General Contractor or b) For the General Contractor alone, self -performing the extra work, without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Perfoiivance and Payment Bonds and Maintenance Bonds, Pubhc Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents, plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The mark-up of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR s field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost.' No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER s orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance 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/or the Contract Time, shall be final and conclusive and binding upon the parties In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER s decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR' s request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation the OWNER shall be released of any and all liability, and the CONTRACTOR s failure to timely file a Request for Mediation shall constitute a waiver forfeit and final bai 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. 10-2012 00700 - 30 of 36 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 or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or 10-2012 00700 - 31 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. Howevei, 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 supphes left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES If CONTRACTOR at any time shall in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in 10-2012 00700 - 32 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR s forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS -DEFAULT. If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders 10-2012 00700 - 33 of 36 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 OWNFR's termination of this Contract, and OWNFR'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 limited to, claims for damages incurred by CONTRACTOR for principal office expenses including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit, whether on this Contract or otherwise. 8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all 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 payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 10-2012 00700 - 34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER' s receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, 10-2012 00700 - 35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county wheze the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 10-2012 00700 - 36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") . A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project includes the time from the beginning of the Work on the Project until the contractor s/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner - operators, (as defined at Section 406 121 of the Texas Labor Code), leasing companies, and employees of any such entity or employees of any entity which furmshes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. ' Services' does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER (1) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700 - Al CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, foiin and manner prescnbed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." ` Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 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 00700 - A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 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. (7) J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER 05/2007 00700 - A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between [Contractor's Company Name] (hereafter `CONTRACTOR") and the City of Pearland (hereafter ` OWNER") for the Project known as Kirby Drive Underground Duct Bank Facilities Project (from Fruge Road to Amerlux Property) (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor materials equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER 05/2007 00700 - B 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the _ day of , 20 . CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign, if a corporation, the following language should be used.] SIGNED and EXECUTED this, the 20 by day of , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By -Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By• President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700 - B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am (are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we) have read the facts and statements as therein set out and the representations as made therein, and I (we) state that the above and foregoing are true and correct. CONTRACTOR - Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 20. Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700 - B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By -Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 Notary Public, State of Texas My Commission Expires: 07/2006 00700 - B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. `Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees or agents of such persons or entities, and (c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be perfoiined under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO" means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, habihties, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700 - Cl CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation non -renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention Except as otherwise specified herein, no insurance required herein shall contain a deductible or self -insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, foi the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 10-2012 00700 - C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit General Aggregate Limit Product -Completed Operations Aggregate Limit Personal and Advertising Injury Limit 4.1.4 Required Endorsements $1,000,000 $2,000,000 $2,000,000 $1,000,000 a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage as required in 3.5 above. d. Personal Injury Liability. The personal injury contractual liability exclusion shall be deleted e. Primary and Non -Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor s insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. f. Waiver of Subrogation, as required in 3.6, above. 10-2012 00700 - C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insuiance. 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 peifoimed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned, hired, and non -owned). 4.2.2 Fotm. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1 000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as requited in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop -down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 10-2012 00700 - C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for any professional design or engineering drawing required by the work. Such insurance shall indemnify the Owner from claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims -Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1 000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 10-2012 00700 - C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: Form a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site• e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit, and f. other Work at the site identified in the Agreement to which this Exhibit is attached. 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 00700 - C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction — 60 days prior written notice to each insured xii. Occupancy clause, as required in F, below xiii. Ordinance 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 $ TBD Included Included Included Included without sublimit without sublimit without sublimit 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 $5,000 5 Days $25,000 or excess of NFIP if in Flood Zone A, B or V $25,000 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise. provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 10-2012 00700 - C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, `Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 6.3.2 6.3.3 6.3.4 6.3.5 6.3.6 6.3.7 The Owner as a certificate holder with correct mailing address. Insured's name which must match that on this Agreement. 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. Producer of the certificate with correct address and phone number listed. Additional insured status required herein. Amount of any deductibles and/or retentions. Cancellation, non -renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to' and `but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 10-2012 00700 - C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3.8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability required herein. 6.3.10 Primary and non-contributing status required herein. 6.3.11 Waivers of subrogation required herein 6.4 Required Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. 6.7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner. 7. Insurance Requirements of Contractor's Subcontractors 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its 10-2012 00700 - C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 10-2012 00700 - C 10 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions, Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions, the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: telephone: 281. 652. The CONSTRUCTION MANAGER is: telephone: The CONSTRUCTION INSPECTOR is: telephone: ARTICLE 5 PROSECUTION AND PROGRESS 5.08 Add Article 5.08: The Contract Time as defined in the bid and other sections of the Contract Documents includes a certain number of rain days. Based on the Alvin Weather Center Records, the average annual rain days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record. The CONTRACTOR is required to keep a record of rain days at the site. The record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal. At the end of the contract, the CONTRACTOR will be credited only for the number of accepted ram days that exceed 40 rain days per year, proportionate to the original Contract Time. General Notes: Sections 00100 Invitation to Bidders, 00200 Instructions to Bidders and 01505 Mobilization all make reference to provision by the CONTRACTOR of a laptop computer for use by the OWNER'S representative or CONSTRUCTION MANAGER BIDDER is Required to provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding this computer equipment. Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office BIDDER is Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents 2-24-12 00800 - 1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT 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 prof ect. 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 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. (Attach the current wage rates. Number the pages 00811-2, 00811-3, etc) 10-2012 00811 - 1 of 1 PREVAILING WAGE RATES FOR ENGINEERING CONSTRUCTION FOR DISTRICTS LOCATED WITHIN CORPORATE BOUNDARIES OR ETJ OF CITY OF PEARLAND AND BRAZORIA COUNTY, AND GALVESTON COUNTY • Classification I Wage Rate Asphalt Raker 7,84 Asphalt Shoveler 7,17 [latching Plant Weigher .11.11 Carpenter 10.35 Concrete Finisher Paving 9 48 Concrete Finisher Structures 9.47 Concrete Rubber 8 03 Electrician 15,03 Flagger 6.66 Form Builder Structures 9.61 Form Liner Paving & Curb 8.52 Form Setter Paving & Curb 8.25 Form Setter Structures 8.45 Laborer Common 6.66 Laborer 7.64 Utility Lineperson 7.50 _ Manhole Builder Brick 8.49 Mechanic 10.94 Oiler 8.62 Servicer 8 69 Painter Structures 12,00 • Pileariver 10.63 Roe Layer 8,04 Asphalt Distributor • 8.66 Asphalt Paving Machine 9.53 Broom or Sweeper Oaerator 7.14 Bulldozer 9.91 Concrete Machine) Curing Machine (see also Concrete Paving Curing 8.80 • Concrete Paving 11.79 Concrete Finishing Machine (see also Finishing Machin!) Concrete Joint Sealer 10.50 Concrete Paving Float 9 30 Concrete Paving Saw 9.37 Concrete Paving Soreader 9.16 Slioform Machine Operator 9 20 • Shovel 11.35 Crane. Ciamshell, Backhoe Derrick, D'Llne, 11,00 Crusher/Screenina Plant Mounted 10.90 Foundation Drill Operator Crawler 10.37 Foundation Drill Operator Truck Mounted Front End Loader 9.29 10,43 MiiIingMachine Operator Mixer 7 94 10.42 Motor Grader (Fine Grade) 9 84 Motor Grader 7.45 Pavement Marking Machine W"teei Plant Mix Pavements 8.32 Roller Steel Classification .Wage Rate Roller Steelwheel Other Fiatwheei or tamping 7,61 Roller Pneumatic Self Propelled 7.40 Scraper 8,69 Tractor Crawler Type Tractor Pneumatic 10,12 8.99 Traveling Mixer Trenching Machine Licht Trenching Machine Heavy Wagondrifi Boring Machine Reinforcing Steel Setter Paving Reinforcing Steel Setter Structures Steel Worker Structural Sign Erector Spreader Box Operator Work Zone Barricade Sign installer Truck Driver Single Axle Light Truck Driver Single Axle Heavy Truck Driver Tandem Axle Semi -trailer Truck Driver Lowboy Float Welder Air Tool Operator Carpenter Rough Carpenter Helper Rouah Concrete Finisher Helper Paving Concrete Finisher Helper (Strs) Electrician Helper Senior Electrician Helper Junior Form Builder Helper (Strs) Form Setter Helper (Pvg & Curb) Form Setter Helper (Strs) Mechanic Helper Pipelayer Helper Bulldozer 150 HP or less Bulldozer aver 150 HP Concrete Paving Curing Machine Concrete Paving Finishing Machine Crane Clam Backhoe Tess than 1-1/2 CY Crane Clam Backhoe greater than 14/2 CY Front End Loader 2-112 CY and less Front End Loader Over 2-1/2 CY Scrapers 17 CY and less Scrapers over 17 CY Tractor Crawl Over 150 HP Tractor Pneumatic Over 80 HP Reinforcing Steel Setter Helper 7.93 10.00 13.58 10.15 991 10.81 10.18 9 53 8.54 7,45 7.45 7.61 8.21 7.90 10.07 9.82 7.50 9.87 7.95 Steelworker Helper (Strs) Transit Mix Weider Hefner • • • 7.04 7.16 10.60 9 34 6.93 6.69 6.83 8.39 6.36 8,40 9.00 8.68 9.57 9.12 10.50 781 8.96 7.64 7.80. 9.67 9.00 7.03 7.50 7.25 8.00 Manhole Builder Painter Helper Structures Found Drill Operator Helper (both) Pump Crete 9,43 6.50 7.75 7.35 Wage Rate Classification Roller St' Whl Other 7.00 Sign Erector Heber 6.00 / Instrument Person .63 Rod or Chainaerson 6.58 8.94 Watch Engineer Oiler 6.20 Leverman 9.70 Mate 8.00 Deckhand 6.00 Boatmen over 250 HP 8.30 CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 - 1 of2 Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES A A summary of the Work to be performed under this Contract, work by Owner, Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A Work of the Contract is for the construction of : A. Of 1,957 linear feet of underground duct bank: 1,455 linear feet of 6-6" PVC conduit, 285 linear feet of 4-6" PVC conduit, and 217 linear feet of 2-6' PVC conduit, along lower Kirby Drive from Fruge Road to the Amerlux Property. B Work of the Contract shall include implementation of Storm Water Pollution Prevention Plan (SWPPP) and Practices during construction. Install and maintain erosion and sediment controls. C Work of the contract shall include extra work items to address miscellaneous items that maybe encountered during construction. These items are only use upon authorization by Engineer. D Project constraints: 1. The Contractor shall be responsible for maintaining and protecting existing utilities during the various construction phases of the project. Refer to Specification 01500 Temporary Facihties and Controls for further detail. 2. Existing overhead power lines are located within Kirby Drive. The Contractor should use extreme caution when working around these overhead power lines. 3. Existing gas and electrical lines are located at various locations along Kirby Drive. The Contractor shall coordinate with Centerpoint Energy to verify locations of existing facilities various locations along Kirby Drive. 1.03 WORK BY OWNER A N/A 1.04 OWNER FURNISHED PRODUCTS A N/A 1.05 WORK SEQUENCE CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 - 1 of 2 CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 - 2 of 2 A N/A 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 N/A 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 for construction. 1.08 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS-NotUsed 3.0 EXECUTION-NotUsed END OF SECTION CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 - 2 of 2 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 3 4 5 6 7 8 9 10 Section S ection S ection Section Section Section Section Section 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, Curb & 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 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. 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 01140 - 2 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES B Include in notification names and telephone numbers of two representatives for resident contact, who will be available on 24-hour call. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. B Obtain the Engineer' s approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or less for public use as work in that block is complete. D Acceptance of any portion of the Work will not be based on return of street to public use. E Avoid obstructing driveways or entrances to private property. F Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G Provide barricades and signs in accordance with Section 01555 — Traffic Control & Regulation. 1.08 CLEAN-UP A Maintain Project Site in a neat and orderly manner. B Perform daily clean-up in and around construction zone of dirt, debris, scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom -clean or its equivalent at the end of each work day. D Promptly remove barriers, signs, and components of other control systems that are no longer being utilized. E Dispose of waste and excess materials in accordance with requirements of Section 01562 — Waste Material Disposal. 02/2008 01140 - 3 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.09 RESTORATION 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 -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01140 - 4 of 4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES Section 01200 MEASUREMENT AND PAYMENT PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment of Work. B Conditions for nonconformance assessment and nonpayment for rejected products. C References to Technical Specifications: See Bid Proposal Sheet D Reference Standards: 1. Concrete Reinforcing Steel Institute (CRSI) 2. American Institute of Steel Construction (AISC) 1.02 AUTHORITY A Units and methods delineated in this Section are intended to complement the criteria of the Technical Specifications and Section 00300 — Bid Proposal B In the event of conflict, the unit specified for Bid Items in Section 00300 — Bid Proposal shall govern. C Measurements and quantities submitted by the Contractor will be verified by the Engineer. D Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A Quantity and measurement estimates stated in Section 00300 — Bid Proposal are for contract purposes only. Quantities and measurements supplied or placed in the Work, authorized and verified by Engineer shall determine payment as stated in Section 00700 — General Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section 00300 — Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 — General Conditions of Agreement or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. 05/2007 01200 - 1 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES B Measurement by Volume: 1. Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other. Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A Payment includes full compensation for all required supervision, labor, products, tools, equipment, plant, transportation, services, and incidentals; and erection, application or installation of an item of the Work; and Contractor's overhead and profit. The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300 — Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated m the Work multiplied by the unit price. C Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. D Final Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies* 1. The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of the Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of the Engineer, if the modified Work is deemed to be less suitable than originally specified. 05/2007 01200 - 2 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES C Individual Technical Specifications may modify these options or may identify a specific formula or percentage price reduction. D The authority of the Engineer to assess the nonconforming Work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 05/2007 01200 - 3 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100 — Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer', and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling, submittals, and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A Engineer will schedule a Preconstruction Conference. B Attendance Required: Engineer's representatives, Consultants, Contractor, and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, and the Consultant. 3. Review of insurance. 02/2008 01310 - 1 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS 4. Discussion of formats proposed by the Contractor for Schedule of Values, and Construction Schedule. 5. Discussion of required Submittals, including, but not limited to, Work Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processing of Shop Drawings and other submittals, substitutions, Applications for Payment, Requests for Information, Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Work and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference", when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench Safety Program. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100 — Summary of Work, Engineer will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. B Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A Progress Meetings shall be held at Project Site or other location as designated by the Engineer. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Engineer. B Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. C Engineer or City's representative will make arrangements for meetings, and recording minutes. D Engineer or City's representative will prepare the agenda and preside at meetings. 02/2008 01310 - 2 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: • 1. Review minutes of previous meeting 2. Review of Construction Schedule, Applications for Payment, payroll and compliance submittals. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6 Review status of Requests for Information, Requests for Proposal. 7 Review status of Change Orders. 8 Review of off -site fabrication and delivery schedules. 9 Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress dunng 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 -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01310 - 3 of 3 CITY OF PEARLAND SUBMITTALS Section 01350 SUBMITTALS 1.0 GENERAL This Section contains general lists of Submittals and Technical Specifications that may be required for the Work When Submittals are required elsewhere in these Technical Specifications, refer to this Section for Submittal requirements and procedures. 1.01 SECTION INCLUDES A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310 — Coordination & Meetings 2. Section 01630 — Product Options & Substitutions 3. Section 01100 — Summary of Work 4. Section 01380 — Construction Photographs 5. Section 01760 — Project Record Documents 6. Section 02530 — Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for material or equipment for construction. Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a Submittal Schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers conformity to the Plans, Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of 01/2008 01350 - 1 of 6 CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval No material or equipment shall be incorporated into the Work or included in Applications for Payment until approval has been obtained in the specified manner. B Transmittal Form and Numbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Re - Submittals shall use the original number with an alphabetic suffix (i.e., 2A for first Re -Submittal of Submittal 2 or 15C for third Re -Submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10 "Video". C Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300 — Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2" x 11", plain bond, white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300 — Bid Proposal. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts, Mobilization, Bonds, and Insurance may be listed as separate items in the Schedule of Values. 01/2008 01350 - 2 of 6 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and Balancing Reports in conjunction with Operation and Maintenance Data are required, include a separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing Reports, each valued at five (5) percent of the Lump Sum. F Revise the Schedule of Values and resubmit for items affected by contract modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be, at a minimum, a bar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction Meeting, as noted in Section 01310 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted, if approved by the Engineer. 2. For Projects with work at different physical locations, each location should be indicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the Construction Schedule. 4. For Projects with multiple types of tasks within the scope, these types of work should be indicated separately within the Construction Schedule. 5. For Projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price, the Construction Schedule shall indicate dates when these items are to be purchased, when they are to be delivered, and when installed. 6. For Projects where operating plants are involved each period of work which will require the shut down of any process or operation shall be identified in the Construction Schedule and must be agreed to by the Engineer prior to starting work in the area. 7 A Billing Schedule (tabulation of the estimated monthly billings) for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This information is not required in the monthly updates, unless significant changes in Work require re -submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. 01/2008 01350 - 3 of 6 CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with Section 00700 - General Conditions of Agreement. D The Contractor must receive approval of the Engineer for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment No payment will be made until these are accepted. E Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A Shop Drawings 1 Submit Shop Drawings for review as required by the Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such. b. Arrangement and section views. c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawing Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. 01/2008 01350 - 4 of 6 CITY OF PEARLAND SUBMITTALS B Product Data 1. Submit Product Data for review when required in individual Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each data item submitted. 3. Mark each copy to identify applicable products, models, options to be used in this Project. Supplement manufacturers' standard data to provide information unique to this Project where required by the Technical Specification. 4. For products specified only by reference standard, submit manufacturer, trade name, model or catalog designation, and applicable reference standard. 5. For Approved Products those designated in the Technical Specifications followed by the words "or approved equal' , submit manufacturer, trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630 - Product Options and Substitutions, 1.04 "Selection Options" and 1.07 `Substitution Procedures". 7. For products that are neither Pre -Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Engineer or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described in this Section, 1.02 `Submittal Procedures", shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in the Technical Specification; one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical Specification, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B Contractor's Certification, as described in this Section. 1.02 "Submittal Procedures", shall be placed on front page of each document. C Identify conflicts between manufacturers' instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Engineer. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of the certificate. 01/2008 01350 - 5 of 6 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer' s Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A Submit photographs in accordance with Section 01380 — Construction Photographs. 1. Prints' Prepare 2 prints of each view and submit 1 print directly to the City's Representative within 7 days of taking photographs. One print shall be retained by the Contractor and made available at all times for reference on the job site. B PRECONSTRUCTION PHOTOGRAPHS: 1. Prior to the commencement of any construction, take digital color photographs on the entire route of the project 2. Photographs Two prints, color matte finish; 3 x 5 inch size, mounted on 81/2 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 01350 - 6 of 6 CITY OF PEARLAND 1.11 DESIGN MIXES A When specified, submit design mixes for review. SUBMITTALS B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of each design mix. C Mark each design mix to identify proportions, gradations, and additives for each class and type of design mix submitted Include applicable test results on samples for each mix. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 01/2008 01350 - 7 of 6 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS Section 01380 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. 01/2008 01380 - 1 of 3 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. Particular 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 01380 - 2 of 3 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS 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 01/2008 01380 - 3 of 3 CITY OF PEARLAND REFERENCED STANDARDS Section 01420 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 Reford Station Detroit, MI 48219-0150 Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 Asphalt Institute Asphalt Institute Building College Park, MD 20740 American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 02/2008 01420 - 1 of 5 CITY OF PEARLAND REFERENCED STANDARDS AISC AISI American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 APA API American Plywood Association Box 11700 Tacoma, WA 98411 American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 AREA American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood -Preservers Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society PO.Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 02/2008 01420 - 2 of 5 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 Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FDA U.S. Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-0001 FS ICEA IEEE 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 02/2008 01420 - 3 of 5 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 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 SSPC 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 Department of Transportation 125 East llth Street 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 01420 - 4 of 5 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 -Not Used 3.0 EXECUTION - Not Used END OF SECTION 02/2008 01420 - 5 of 5 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 Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01430 - 2 of 2 CITY OF PEARLAND OBSERVATION SERVICES Section 01440 OBSERVATION SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Observation services and references. B References to Technical Specifications: 1. Section 01450 — Testing Laboratory Services 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 INSPECTION A Project Manager will appoint an Observer as a representative of the Owner to oversee inspections, tests, and other services specified in individual Technical Specifications. B Alternately, Project Manager may appoint, employ, and pay an independent firm to provide additional observation or construction management services as indicated in Section 01450 — Testing Laboratory Services. C Reports will be submitted by the independent firm to Project Manager, Engineer, and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D Contractor shall assist and cooperate with the Observer; furnish samples of materials, design mix, equipment, tools, and storage. E Contractor shall notify Project Manager 24 hours prior to expected time for operations requiring services. Notify Engineer and independent firm when noted. F Contractor shall sign and acknowledge report for Observer. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 09/2009 01440 - 1 of 1 CITY OF PEARLAND 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: 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 required 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 Laboratory Reports from 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 curing of test samples. F Arrange with laboratory and pay for: 1. Retesting required for failed tests. 2. Retesting for nonconforming Work. 3. Additional sampling and tests requested by Contractor for his own purposes. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 04/2008 01450 - 2 of 3 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. 12-2- 2011 01500 - 2 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS For water to be drawn from public water supply, obtain special permit or license and meter from the proper City officials. For facilities under construction, establish a water/sewer billing account with City's Utility Billing Department. A deposit based on rates established by latest ordinance will be required. For water drawn from fire hydrants, apply for and receive a construction water meter from City' Public Works Department. Identify specific location for construction water meter installation. Once installed water meter may not be moved without notification of Public Works Department. Install backflow preventer on fire hydrant supply if not included in City provided meter. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting 1 Provide temporary electric power service in Contractor s name, as required for the prosecution of the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor or as necessary to maintain any of Owner's on -going operations as may continue on the site during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 2 Provide permanent electric power service, in the Contractor's name, to the work or site as 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 emergency 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 Representative including. meeting table and chairs, a single two drawer filing cabinet, a built-in drawing table and plan holders. Provide electric lighting and HVAC to the mobile office. 1. Field Office shall provide for, at a minimum, a high speed 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 Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. 12-2- 2011 01500 - 4 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act, published in OSHA Standards - 29 CFR, Part 1926, and adopted by Secretary of Labor under the Williams -Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract, and after such investigation or inspection, advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten (10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first -aid equipment, ventilating equipment and safety equipment, in the Plans and Technical Specifications are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.09 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period. List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. B Have at least one person thoroughly trained in first aid procedures present on the Project Site whenever work is in progress. 1.10 FIRE PROTECTION A Fire Protection Standards. Conform to specified fire protection and prevention requirements as well as those that may be established by Federal, State, or local governmental agencies. B. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10, Portable Fire Extinguishers, for each temporary building, and for every 3000 square feet of floor area of facilities under construction. 12-2- 2011 01500 - 5 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. C. Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids Do not store flammable 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, for locating the utilities during construction, and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.13 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus materials supplies, and equipment in an orderly, safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials that are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse, rubbish, scrap materials, and debris caused by construction operations, keeping the Work safe and orderly. 12-2- 2011 01500 - 6 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. Obtain written consent from proper parties before entering or occupying with workers, tools, materials or equipment, piivately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or rrusconduct 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 foi 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 Piotection. 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 dete mine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is damaged, broken, or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. 12-2- 2011 01500 - 7 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents, the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Section 00700 — General Conditions of Agreement. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports, Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to entei within the limits of this project for the purpose of maintaining their properties, or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures, pipelines, or utilities, give a minimum of five (5) working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.14 PROTECTION OF THE WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed prior to completion of the Work. Control traffic to prevent damage to equipment, materials, and surfaces. 1.15 ROADS AND PARKING A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by construction traffic. C Control traffic to prevent damage to equipment, materials, and surfaces. 12-2- 2011 01500 - 8 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off -site parking Locate as approved by Engineer. G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.16 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes, regulations, and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190, Executive Order 11514. C Provide, install and maintain storm water runoff control including but not limited to temporary entrance, silt fencing, etc. as specified in Contract Documents. D Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Burning of rubbish, debris or waste materials is not permitted. 1.17 POLLUTION CONTROL A Provide methods, means, and facilities required to prevent contamination of soil, water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off -site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entering receiving streams or storm water conveyance systems in conformance with TPDES requirements and Section 01566 — Source Controls for Erosion & Sedimentation. D Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. 12-2- 2011 01500 - 9 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS E Use equipment during construction that conforms to current federal, state, and local laws and regulations. 1.18 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. B Employ methods and use materials which will not adversely affect conditions at the Project Site or adjoining properties. 1.19 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards - 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 1.20 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566 — Source Controls for Erosion & Sedimentation. 1.21 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water, runoff, subsurface water, and water pumped from excavations and structures to prevent damage to the Work, the Project Site, or adjoining properties in accordance with Section 01564 — Control of Ground Water & Surface Water and Section 01566 — Source Controls for Erosion & Sedimentation. B Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 12-2- 2011 01500 - 10 of 10 CITY OF PEARLAND MOBILIZATION Section 01505 MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation (TxDOT) 2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A. Payment for Mobilization is on a Lump Sum basis and shall not exceed three percent (3%) of the total bid price B. Payment for 50% of the Mobilization lump sum bid item may be included in the first monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350 — Submittals) 2. Trench Safety Program (Section 01570 — Trench Safety System) 3. Construction Schedule (Section 01350 — Submittals) 4. Pre -construction Photographs (Section 01380 — Construction Photographs) 5. Installation and acceptance of Project Identification Sign(s) (Section 01580 — Project Identification Signs) 6. Installation and acceptance of Field Office (Section 01500 — Temporary Facilities and Controls) 7. Installation and acceptance of TPDES requirements (Section 01565 - TPDES Requirements) C. Payment for 25% of the Mobilization lump sum bid item may be included in the second monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Installation of High Speed Internet Access (Section 01500 — Temporary Facilities and Controls) 2. Laptop Computer (Section 00800 — Special Conditions of Agreement) Payment for 15% of the Mobilization lump sum bid item may be included in the third monthly Application for Payment. E Payment foi the remaining 10% of the Mobilization lump sum bid item may be included in the fourth monthly Application for Payment. 09/2012 01505 - 1 of 1 CITY OF PEARLAND MOBILIZATION G. Mobilization payments will be subject to Retainage as stipulated in Section 00700 General Conditions of Agreement. 2.0 PRODUCTS 2.01 PROJECT IDENTIFICATION SIGNS A. Provide specified number of project identification sign(s) per Section 01580. The name address and contact information of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 3.0 EXECUTION 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A. Place a Project Identification Sign as described in Section 01580, part 1.03, D visible to passing traffic or as directed by Engineer. END OF SECTION 09/2012 01505 - 1 of 1 CITY OF PEARLAND 1.0 GENERAL STABILIZED CONSTRUCTION EXITS Section 01550 STABILIZED CONSTRUCTION EXITS 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. Amencan Society of Testing and Materials (ASTM) a. ASTM D 4632, ` Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 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 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. C Both the geotextile and threads shall be resistant to chemical attack, mildew, and rot and shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable life at a temperature range of 0°F to 120°F. 02/2008 01550 - 1 of 4 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, or organic and injurious matter. B Course aggregates shall conform to the following gradation requirements. Sieve Size Percent Retained (Square Mesh) (by Weight) 21/a" 0 2" 0-20 11/2" 15-50 3/4" 60 — 80 No. 4 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 erosion 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. 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. 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. 02/2008 01550 - 2 of 4 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS F Conduct all construction operations under this Contract in conformance with the erosion control practices described in the Section 01566 - Source Controls for Erosion & 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 Engineer, of the sizes and locations where shown on Plans or as specified in this Section. C Vehicles leaving construction areas shall have their tires cleaned to remove sediment prior to entrance onto public right-of-way. When washing is needed to remove sediment, Contractor shall construct a truck washing area Truck washing shall be done on stabilized areas which drain into a drainage system protected by erosion and sediment control measures. D Details for Stabilized Construction Exits are shown on the Plans. Construction of all other stabilized areas shall be to the same requirements. Roadway width shall be at least 14 feet for one-way traffic and 20 feet for two-way traffic and shall be sufficient for all ingress and egress. Furnish and place geotextile fabric as a permeable separator to prevent mixing of coarse aggregate with underlaying soil. Exposure of geotextile fabric to the elements between laydown and cover shall be a maximum of 14 days to minimize damage potential. E Roads and parking areas shall be graded to provide sufficient drainage away from stabilized areas. Use sandbags, gravel, boards, or similar methods to prevent sediment from entering public right-of-way, receiving stream or storm water conveyance system. F The stabilized areas shall be inspected and maintained daily. Provide periodic top dressing with additional coarse aggregates to maintain the required depth Repair and clean out damaged control measures used to trap sediment. All sediment spilled, dropped, washed, or tracked onto public right-of-way shall be removed immediately. G The length of the stabilized area shall be as shown on the Plans, but not less than 50 feet. The thickness shall not be less than 8 inches. The width shall not be less than full width of all points of ingress or egress. H Stabilization for other areas shall have the same coarse aggregate, thickness, and width requirements as the stabilized construction exit, except where shown otherwise on the Plans. I Stabilized area may be widened or lengthened to accommodate truck washing area when authorized by Engineer. 02/2008 01550 - 3 of 4 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS J 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-stabihzed soil or other fill material in an application thickness of at least 8 inches. 2. Wood Mats/Mud Mats - Oak or other hardwood timbers placed edge -to - edge and across support wooden beams which are placed on top of existing soil in an application thickness of at least 6 inches. 3. Steel Mats - Perforated mats placed across perpendicular support members. END OF SECTION 02/2008 01550 - 4 of 4 CITY OF PEARLAND 1.0 GENERAL TRAFFIC CONTROL AND REGULATION Section 01555 TRAFFIC CONTROL AND REGULATION 1.01 SECTION INCLUDES A Requirements for traffic control plans, signs, signals, control devices, flares, lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations. B Requirements for and qualifications of Flaggers. C References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01140 — Contractor's Use of Premises D Referenced Standards: 1. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Traffic Control and Regulation. Measurement is on a Lump Sum basis for Traffic Control and Regulation, including submittal of a traffic control plan if different from the one provided on the Plans provision of traffic control devices, and provision of equipment and personnel as necessary to protect the Work and the public. The amount invoiced shall be determined based on the Schedule of Values submitted for traffic control and regulation. B Flaggers. Measurement is on a Lump Sum basis for Flaggers as required for the Work. The amount invoiced shall be determined based on the Schedule of Values submitted for Flaggers. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B A Traffic Control Plan responsive to the Texas MUTCD and sealed by a Registered Professional Engineer is incorporated into the Plans If the Contractor proposes to implement traffic control different than the plan provided he shall submit a Traffic Control Plan in conformance with Texas MUTCD for approval of the Engineer. C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values within 30 days following the Notice to Proceed. D Each week submit a daily log for Flaggers listing name, badge number, time start, time finish, and hours worked. 03/2008 01555 - 1 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 1.04 FLAGGERS A Unless otherwise specified, use only Flaggers who are off -duty, regularly employed, uniformed Peace Officers. B Flaggers are required at the following locations: 1. Where multi -lane vehicular traffic must be diverted into single -lane vehicular traffic. 2. Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks 4. Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and cross -walks. 5. Where construction activities might affect public safety and convenience. 6. Where traffic regulation is needed due to rerouting of vehicular traffic around the work site. 7. When requested by Owner. C The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and movement, and does not m any way relieve the contractor of full responsibility for taking such other steps and provide such other Flaggers or personnel as the Contractor may deem necessary to protect the work and the public and does not in any way relieve the Contractor of his responsibility for any damage for which he would otherwise be liable. Flaggers shall be used and maintained at such points for such penods of time as may be required to provide for the public safety and convenience of travel. 2.0 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A Comply with Texas MUTCD regulations. B Traffic Cones and Drums, Flares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.01 PUBLIC ROADS A Abide by laws and regulations of governing authorities when using public roads If the Contractor's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authonties and permits paid for before starting any work. Coordinate activities with the Engineer. B Contractor shall maintain at all times a l0-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the Traffic Control Plan. 03/2008 01555 - 2 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION C Contractor shall not obstruct the normal flow of traffic from 7:00 a m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D Contractor shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E Cleanliness of Surrounding Streets: 1. Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations Leave the area broom -clean or its equivalent at the end of the work day. F Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H Prevent parking on or adjacent to access roads or in non -designated areas. 3.02 FLARES AND LIGHTS A Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.03 HAUL ROUTES A Utilize haul routes designated by Owner or shown on the Plans for construction traffic. B Confine construction traffic to designated haul routes. C Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. D Contractor shall be responsible for any damage caused by vehicles utilizing haul routes. 3.04 TRAFFIC SIGNS AND SIGNALS A Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.05 BRIDGING TRENCHES AND EXCAVATIONS A Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic. 03/2008 01555 - 3 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION B Secure bridging against displacement by using adjustable cleats, angles, bolts or other devices whenever bridge is installed 1. On an existing bus route; 2. When more than five percent of daily traffic is comprised of commercial or truck traffic; 3. When more than two separate plates are used for the bridge; or 4. When bridge is to be used for more than five consecutive days. C Install bridging to operate with minimum noise. D Adequately shore the trench or excavation to support bridge and traffic. E Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. B Remove equipment and devices when no longer required. C Repair damage caused by installation. D Remove post settings to a depth of 2 feet. END OF SECTION 03/2008 01555 - 4 of 4 CITY OF PEARLAND FILTER FABRIC FENCE Section 01560 FILTER FABRIC FENCE 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of filter fabric fence to control erosion and contain sediments and pollutants from overland flow. Filter fabric fence is not for use in channelized flow areas. Filter fabric fence may be reinforced. B References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals 3. Section 01562 — Waste Material Disposal 4. Section 01566 — Source Controls for Erosion & Sedimentation C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3786, `Standard Test Method for Hydraulic Bursting strength of Textile Fabrics' b. ASTM D 4632, "Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASURMENT AND PAYMENT A Filter fabric fence will be measured by the linear foot between the limits of the beginning and ending of wooden stakes. B Payment for filter fabric fence will include and be full compensation for all labor, equipment, materials, supervision, and all incidental expenses for construction of these items, complete in place, including, but not limited to protection of trees, maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction. C Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Manufacturer's catalog sheets and other Product Data on geotextile fabric. 03/2008 01560 - 1 of 3 CITY OF PEARLAND FILTER FABRIC FENCE 2.0 PRODUCTS 2.01 FILTER FABRIC A Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B By ASTM D 4632, geotextile fabric shall have a grab strength of 100 psi in any principal direction, a Mullen burst strength exceeding 200psi by ASTM - D3786, and the equivalent opening size between 50 and 140. C Filter fabric shall contain ultraviolet inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 degrees F to 120 degrees F. D Representative Manufacturer: Mirafi, Inc., or equal. 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Provide erosion and sediment control systems at the locations shown on Plans. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C Regularly inspect and repair or replace damaged components of filter fabric fence as specified in this Section, 3.02F Unless otherwise directed, maintain the erosion and sediment control systems until the Work is accepted by the Owner. Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials in accordance with Section 01562 — Waste Material Disposal. D Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566 — Source Controls for Erosion & Sedimentation. 3.02 CONSTRUCTION METHODS A Provide filter fabric fence systems in accordance with the Plan detail for Filter fabric fence. Filter fabric fence shall be installed in such a manner that surface runoff will percolate through the system m sheet flow fashion and allow sediment to be retained and accumulated. B Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of 3 feet apart and embedded a minimum of 8 inches If filter fabric is factory preassembled 03/2008 01560 - 2 of 3 CITY OF PEARLAND FILTER FABRIC FENCE with support netting, then maximum spacing allowable is 8 feet. Install wooden stakes at a slight angle toward the source of anticipated runoff. C Trench in the toe of the filter fabric fence with a spade or mechanical trencher as shown on the Plans Lay filter fabric along the edges of the trench. Backfill and compact trench. D Filter fabric fence shall have a minimum height of 18 inches and a maximum height of 36 inches above natural ground. E Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary, splice the Fabric together only at a support post with a minimum 6-inch overlap and seal securely. F Inspect filter fabric fence systems after each rainfall, daily during periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the fence or 6 inches, whichever is less. END OF SECTION 03/2008 01560 - 3 of 3 CITY OF 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 channehzed 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: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3786, "Standard Test Method for Hydraulic Bursting strength of Textile Fabrics' b. ASTM D 4632, Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASURMENT AND PAYMENT A Measurement for reinforced filter fabric barrier is on a linear foot basis between the limits of the beginning and ending fence posts, measured, accepted, and complete in place. B Payment for filter fabric barrier will include and be full compensation for all labor, equipment, materials, supervision, and incidental expenses for construction of these items, complete in place, including, but not limited to protection of trees, maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction.. C Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Manufacturer's catalog sheets and other product data on geotextile fabric. 05/2008 01561 - 1 of 3 CITY OF PEARLAND REINFORCED FILTER FABRIC BARRIER 2.0 PRODUCTS 2.01 FILTER FABRIC A Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyanude material. B By ASTM - D4632, geotextile fabric shall have a grab strength of 100 psi in any principal direction, a Mullen burst strength exceeding 200psi by ASTM - D3786, and the equivalent opening size between 50 and 140. C Filter fabric shall contain ultraviolet inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 degrees F to 120 degrees F. D Representative Manufacturer: Mirafi, Inc., or equal. 2.02 FILTER FABRIC REINFORCEMENT A Provide woven galvanized steel wire fence with minimum thickness of 14 gauge and a maximum mesh spacing of 6 inches. B Welded wire shall be galvanized, 2-inch by 4-inch, welded wire fabric, 121/2 gauge. 2.03 EXECUTION 2.04 PREPARATION A Provide erosion and sediment control systems at the locations shown on Plans. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C Regularly inspect and repair or replace damaged components of filter fabric barrier. Unless otherwise directed, maintain the erosion and sediment control systems until the Work is accepted by the Owner. Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials in accordance with Section 1562 — Waste Material Disposal D Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566 — Source Controls for Erosion & Sedimentation. 05/2008 01561 - 2 of 3 CITY OF PEARLAND REINFORCED FILTER FABRIC BARRIER 2.05 INSTALLATION A Install reinforced filter fabric barriers for erosion and sediment control used during construction and until the final development of the Project Site. Reinforced filter fabric barriers are used to retain sedimentation in channelized flow areas. B Provide reinforced filter fabric barrier in accordance with the Plan detail for Reinforced Filter Fabric Barrier. Reinforced filter fabric barrier systems shall be installed in such a manner that runoff will percolate through the system and allow sediment to be retained and accumulated. C Trench in the toe of the reinforced filter fabric barrier with a spade or mechanical trencher as shown on the Plans. Lay filter fabric along the edges of the trench. Backfill and compact trench. D Reinforced filter fabric barrier shall have a height of 18 inches. E Securely fasten the filter fabric to the wire with tie wires F Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary, splice the fabric together only at a support post with a minimum 6-inch overlap and seal securely. G Inspect the reinforced filter fabric barrier systems after each rainfall, daily during periods of prolonged rainfall and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the barrier or 6 inches, whichever is less. END OF SECTION 05/2008 01561 - 3 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL Section 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01566 — Source Controls for Erosion & Sedimentation 3. Section 01600 — Materials & Equipment 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Obtain and submit applicable permits for proposed disposal sites. C Submit a Waste Material Disposal Plan. D Submit a copy of written permission from property owners, along with a description of the property, prior to disposal of excess material adjacent to the Project Site. Submit a written and signed release from property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 1.04 WASTE MATERIAL DISPOSAL PLAN A Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following information: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. B The plan shall comply with applicable federal, state, and local health and safety regulations and Section 01566 — Source Controls for Erosion & Sedimentation. 2.0 PRODUCTS - NotUsed 07/2006 01562 - 1 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL 3.0 EXECUTION 3.01 SALVAGEABLE MATERIAL A Excavated material: When indicated on Plans, load, haul, and deposit excavated material at a location or locations outside the limits of Project Site. B Base, surface, and bedding material: Deliver gravel, asphaltic or other base and surfacing material designated for salvage to the location designated by the Engineer. C Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. D Other salvageable materials: Conform to requirements of individual Technical Specifications. E Coordinate delivery of salvageable material with Engineer. F When temporary, on -site storage of salvaged materials is required, comply with applicable provisions of Section 01600 — Materials & Equipment. 3.02 SEDIMENT DISPOSAL A Remove sediment deposits and dispose of them at the designated spoil site for the Project if a spoil site is not designated on the Plans, dispose of sediment off site at a location not in or adjacent to a stream or floodplain. B Off -site disposal is the responsibility of the Contractor. C Sediment to be placed at the Project Site should be spread evenly throughout the designated area, compacted and stabihzed. Sediment shall not be allowed to flush into a stream or drainage way. D If sediment has been contaminated, it shall be disposed of in accordance with existing federal, state, and local rules and regulations. 3.03 EXCESS MATERIAL, WASTE, AND EQUIPMENT A Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of Contractor and shall be removed from the Project Site and legally disposed of. B Dispose of removed equipment, materials, waste and debris in a manner conforming to applicable laws and regulations C Excess soil may be deposited on private property adjacent to the Project Site when written permission is obtained from property owner under the provisions of this Section, 1.03D. 07/2006 01562 - 2 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL D Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the 100-year Flood Hazard Area. E Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. F No materials shall be disposed in a manner to damage the Owner in any way. END OF SECTION 07/2006 01562 - 3 of 3 CITY OF PEARLAND TREE AND PLANT PROTECTION Section 01563 TREE AND PLANT PROTECTION 1.0 GENERAL 1.01 SECTION INCLUDES A Tree and plant protection. B References to Technical Specifications: None 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 PROJECT CONDITIONS A Preserve and protect existing trees and plants to remain from foliage, branch, trunk, or root damage that could result from construction operations. B Prevent following types of damage: 1. Compaction of root zone by foot or vehicular traffic, or material storage. 2. Trunk damage from equipment operations, material storage, or from nailing or bolting 3. Trunk and branch damage caused by ropes or guy wires or machine impacts. 4. Root poisoning from spilled solvents, gasoline, paint, and other noxious materials. 5. Branch damage due to improper pruning or trimming. 6. Damage from lack of water due to: a. Cutting or altering natural water migration patterns near root zones. b Failure to provide adequate watering. 7. Damage from alteration of soil pH factor caused by depositing lime, concrete, plaster, or other base materials near roots. 8. Cutting feeder of roots or roots larger than 1-1/2 inches in diameter. 1.04 DAMAGE ASSESSMENT A When trees, other than those designated for removal, are destroyed or badly damaged as a result of construction operations, remove and replace with same size, species, and variety up to and including 8 inches in trunk diameter. Trees larger than 8 inches in diameter shall be replaced with an 8-inch diameter tree of the same species and variety and total contract amount will be reduced by an amount determined from the following International Shade Tree Conference formula: 0.7854 x D2 x $10.00 where D is diameter in inches of tree or shrub trunk measured 12 inches above grade. B All necessary tree replacements shall be as approved by Engineer/Urban Forester. 02/2013 01563 - 1 of 4 CITY OF PEARLAND TREE AND PLANT PROTECTION 2.0 PRODUCTS 2.01 MATERIALS A Asphalt paint: Emulsified asphalt or other adhesive, elastic, antiseptic coating formulated for horticultural use on cut or injured plant tissue, free from kerosene and coal creosote. B Burlap: Suitable for use as tree wrapping. C Fertilizer: Liquid containing 20 percent nitrogen, 10 percent phosphorus, and 5 percent potash. D. Temporary Barrier Fence: Plastic, bright orange color for visibility, 48 inches in height, 8.5 pounds weight minimum. 3.0 EXECUTION 3.01 PROTECTION AND MAINTENANCE OF EXISTING TREES AND SHRUBS A Except for trees and shrubs shown on Plans to be removed, all trees and shrubs within the Project Site area are to remain and be protected from damage. B For designated trees to be removed, perform the following: 1. Stake right-of-way limits and identify any tree of diameter greater than 4 inches which is to be removed. Mark trees prior to felling with an X in orange paint, clearly visible, on the trunk, and at eye level. 2. After marking trees give a minimum of 48-hours notice in writing to the Engineer of intent to begin felling operations. 3. Trees whose trunks are only partially in the right-of-way shall be protected and preserved as described below. C For trees or shrubs to remain, perform the following: 1. Trim trees and shrubs only as necessary. a. Trees and shrubs requiring pruning for construction should also be pruned for balance as well as to maintain proper form and branching habit. b. Cut limbs at branch collar. No stubs should remain on trees. Branch cuts should not gouge outer layer of tree structure or trunk. 2. Use extreme care to prevent excessive damage to root systems. a. Roots in construction areas will be cut smoothly with a trencher before excavation begins. Do not allow ripping of roots with a backhoe or other equipment. b. Temporarily cover exposed roots with wet burlap to prevent roots from drying out. c. Cover exposed roots with soil as soon as possible 3. Prevent damage or compaction of root zone (area inside dripline) by construction activities. 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 b. Do not store construction materials, vehicles, or excavated material inside dnpline of trees. c. Do not pour liquid materials inside dripline. Water and fertilize trees and shrubs that will remain to maintain their health during construction period. a. Supplemental watering of landscaping during construction should be done once a week in months receiving average rainfall and twice a week in months receiving below average rainfall b. This watering shall consist of saturating soils at least 6 to 8 inches beneath surface. 5. Water areas currently being served by private sprinkler systems while systems are temporarily taken out of service to maintain health of existing landscapes. 6. At option of the Contractor and with the Engineer's permission trees and shrubs to remain may be temporarily transplanted and returned to original positions under supervision of professional horticulturist. 3.02 PROTECTIVE CONTROLS A Protection of trees or shrubs in open area: 1. Install steel dnve-in fence posts in protective circle, approximately 8 feet on center, at the dripline of the leaf canopy of trees or 2 ft around shrubs. 2. Drive steel drive-in fence posts 3 feet minimum into ground, leaving 5 feet minimum above ground. 3. For trees or shrubs in paved areas, use moveable posts constructed from concrete -filled steel pipe 2-1/2 inches minimum in diameter mounted in rubber auto tires filled with concrete 4. Mount plastic temporary barrier safety fence on posts. B Timber -wrap protection for trees in close proximity of moving or mechanical equipment and construction work: 1. Wrap trunk with layer of burlap. 2. Install 2 x 4's or 2 x 6's (5-foot to 6-foot lengths) vertically, spaced 3 inches to 5 inches apart around circumference of tree trunk. 3. Tie in place with 12 to 9 gage steel wire. 3.03 MAINTENANCE OF NEWLY PLANTED TREES A Water newly planted trees adequately to maintain and support healthy plants at the time of planting. B The Contractor guarantees that trees planted for this Work shall remain alive and healthy at least until the end of a one-year warranty period. 1. Within four weeks of notice from Owner, Contractor shall replace at his expense, any dead trees or any trees that in the opinion of Owner, have become unhealthy or unsightly or have lost their natural shape as a result of additional growth, improper pruning or maintenance, or weather conditions. 02/2013 01563 - 3 of 4 CITY OF PEARLAND TREE AND PLANT PROTECTION 2. When tree must be replaced, the guarantee period for that tree shall begin on date of replacement of tree, subject to the Owner s inspection, for no less than one year. 3. Straighten leaning trees and bear entire cost. 4. Dispose of trees rejected at any time by Engineer at Contractor's expense • END OF SECTION 02/2013 01563 - 4 of 4 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER Section 01564 CONTROL OF GROUND WATER AND SURFACE WATER 1.0 GENERAL 1.01 SECTION INCLUDES A Dewatering, depressurizing, draining, and maintaining trench and structure excavations and foundation beds in dry and stable condition. B Protecting work against surface runoff and rising flood waters. C Disposing of removed water. D References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals 3. Section 01570 — Trench Safety Systems 4. Section 01565 — TPDES Requirements 5. Section 01566 — Source Controls for Erosion & Sedimentation E Referenced Standards: 1. Occupational Safety and Health Administration (OSHA) 2. Texas Commission on Environmental Quality (TCEQ) 3. Code of Ordinances, City of Pearland, Texas 4. Water Well Drillers and Pump Installers Advisory Council (WWD/PI) F Definitions: 1. Ground Water Control Systems - installations external to the excavation such as well points, eductors, or deep wells. Ground water control includes dewatering and depressurization. a. Dewatering - lowering the water table and intercepting seepage which would otherwise emerge from slopes or bottoms of excavations and disposing of removed water. The intent of dewatering is to increase stability of excavated slopes; prevent dislocation of material from slopes or bottoms of excavations; reduce lateral loads on sheeting and bracing; improve excavating and hauling characteristics of excavated material; prevent failure or heaving of the bottom of excavations; and to provide suitable conditions for placement of backfill materials and construction of structures and other installations. b. Depressurization - reduction in piezometnc pressure within strata not controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom. 2. Surface Water Control - diversion and drainage of surface water runoff and rain water away from the excavation. 3. Excavation Drainage - keeping excavations free of surface and seepage water. 02/2008 01564-1of8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER 1.02 MEASUREMENT AND PAYMENT A Measurement for and control of ground water for open cut pipe excavations shall be on a linear foot basis and shall not exceed the length of open cut pipe installation in the area requiring ground water control. B Unless indicated as a Bid Item no separate payment will be made for control of ground water for any condition(s) other than those described in this Section, 1.02A. No separate payment will be made for control of surface water. Include the cost to control non -pipe excavation ground water and surface water in price for Work requiring such controls. C Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. B Submit a Ground Water and Surface Water Control Plan for review by the Engineer prior to start of any field work. The plan shall be signed by a Professional Engineer registered in the State of Texas. The plan shall include the following: 1. Results of subsurface investigation and description of the extent and charactenstics of water bearing layers subject to ground water control. 2. Names of equipment suppliers and installation subcontractors. 3. A description of proposed ground water control systems indicating arrangement location, depth and capacities of system components, installation details and criteria, and operation and maintenance procedures. 4. A description of proposed monitoring and control system indicating depths and locations of piezometers and monitonng wells, monitoring installation details and criteria, type of equipment and instrumentation with pertinent data and characteristics. 5. A descnption of proposed filters including types, sizes, capacities and manufacturer's application recommendations. 6. Design calculations demonstrating adequacy of proposed systems for intended applications. Define potential area of influence of ground water control operation near contaminated areas. 7. Operating requirements, including piezometric control elevations for dewatering and depressurization. 8. Excavation drainage methods including typical drainage layers, sump pump application and other necessary means. 9 Surface water control and drainage installations. 10. Proposed methods and locations for disposing of removed water. C Submit the following records upon completed initial installation: 1. Installation and development reports for well points, eductors, and deep wells. 02/2008 01564 - 2 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER 2. Installation reports and baseline readings for piezometers and monitoring wells. 3. Baseline analytical test data of water from monitoring wells. 4. Initial flow rates. D Submit the following records on a weekly basis during operations: 1. Records of flow rates and piezometric elevations obtained during monitoring of dewatering and depressunzation. Refer to this Section, 3.02 `Requirements for Eductor, Well Points, or Deep Wells". 2. Maintenance records for ground water control installations, piezometers, and monitoring wells E Submit the following records at end of the Work. Decommissioning (abandonment) reports for monitoring wells and piezometers installed by other during the design phase and left for Contractor's monitoring and use 1.04 PERFORMANCE REQUIREMENTS A Conduct subsurface investigations to identify groundwater conditions and to provide parameters for design, installation, and operation of groundwater control systems. B Design a ground water control system, compatible with the requirements of OSHA Standards - 29 CFR, Part 1926, and Section 01570 - Trench Safety Systems of these Technical Specifications, to produce the following results: 1. Effectively reduce the hydrostatic pressure affecting excavations. 2. Develop a substantially dry and stable subgrade for subsequent construction operations. 3. Preclude damage to adjacent properties, buildings, structures, utilities, installed facilities, and other work. 4. Prevent the loss of fines, seepage, boils, quick condition, or softening of the foundation strata. 5. Maintain stability of sides and bottom of excavations C Ground water control systems may include single -stage or multiple -stage well point systems, eductor and ejector -type systems, deep wells, or combinations of these equipment types. D Provide drainage of seepage water and surface water, as well as water from any other source entering the excavation Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump pumping. E Provide ditches, berms, pumps and other methods necessary to divert and drain surface water from excavation and other work areas F Locate ground water control and drainage systems so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. 02/2008 01564 - 3 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER G Assume sole responsibility for ground water control systems and for any loss or damage resulting from partial or complete failure of protective measures and any settlement or resultant damage caused by the ground water control operations. Modify ground water control systems or operations if they cause or threaten to cause damage to new construction existing site improvements, adjacent property, or adjacent water wells, or affect potentially contaminated areas. Repair damage caused by ground water control systems or resulting from failure of the system to protect property as required. H Provide an adequate number of piezometers installed at the proper locations and depths as required to provide meaningful observations of the conditions affecting the excavation, adjacent structures, and water wells. Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system. J Decommission piezometers and monitoring wells installed during design phase studies and left for Contractors monitoring and use. 1.05 ENVIRONMENTAL REQUIREMENTS A Comply with requirements of agencies having jurisdiction. B Comply with TCEQ regulations and WWD/PI Advisory Council for development, drilling, and abandonment of wells used in dewatering system. C Obtain permit from TCEQ under the Texas Pollutant Discharge Elimination System (TPDES), for storm water discharge from construction sites. Refer to Section 01565 — TPDES, 3.02 "Certification Requirements". D Obtain all necessary permits from agencies with control over the use of groundwater and matters affecting well installation, water discharge, and use of existing storm drains and natural water sources. Because the review and permitting process may be lengthy, take early action to pursue and submit for the required approvals. E Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. F Implement control of ground and surface water under the provisions of Section 01566 — Source Controls for Erosion & Sedimentation. 2.0 PRODUCTS 2.01 EQUIPMENT AND MATERIALS A Equipment and materials are at the option of Contractor as necessary to achieve desired results for dewatering. Selected equipment and materials are subject to review 02/2008 01564 - 4 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER of the Engineer through Submittals required in Section 01350 — Submittals, 1.06 "Operations and Maintenance Data". B Eductors, well points, or deep wells, where used, must be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design, installation, and operation. C Equipment and instrumentation for monitoring and control of the ground water control system includes piezometers and monitoring wells, and devices, such as flow meters for observing and recording flow rates. D All equipment must be in good repair and operating order. E Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. 3.0 EXECUTION 3.01 GROUND WATER CONTROL A Perform a subsurface investigation by borings as necessary to identify water bearing layers, piezometric pressures, and soil parameters for design and installation of ground water control systems. Perform pump tests, if necessary to determine the drawdown characteristics of the water -bearing layers. The results shall be presented in the Ground Water and Surface Water Control Plan. Refer to this Section, 1.03B. B Provide labor, material, equipment, techniques and methods to lower, control and handle ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property. C Install, operate, and maintain ground water control systems in accordance with the Plan. Notify Engineer in writing of any changes made to accommodate field conditions and changes to the Work. Provide revised drawings and calculations with such notification. D Provide for continuous system operation including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primary energy source for dewatering system. E Monitor operations to verify that the system lowers ground water piezometric levels at a rate required to maintain a dry excavation resulting in a stable subgrade for prosecution of subsequent operations. F Where hydrostatic pressures in confined water bearing layers exist below excavation, depressurize those zones to eliminate risk of uplift or other instability of excavation or installed works. Allowable piezometric elevations shall be defined in the Plan. 02/2008 01564 - 5 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER G Maintain water level below subgrade elevation. Do not allow levels to rise until foundation concrete has achieved design strength. H During backfilling, dewatering may be reduced to maintain water level a minimum of 5 feet below prevaihng level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downward pressure produced by weight of structure or backfill in place. Do not allow water levels to rise into cement stabilized sand until at least 48 hour after placement. I Provide a uniform diameter for each pipe drain run constructed for dewatering Remove pipe drain when it has served its purpose If removal of pipe is impractical provide grout connections at 50-foot intervals and fill pipe with cement-bentonite grout or cement -sand grout when pipe is removed from service. J Extent of construction ground water control for structures with a permanent perforated underground drainage system may be reduced, such as for units designed to withstand hydrostatic uplift pressure. Provide a means of draining the affected portion of underground system, including standby equipment. Maintain drainage system during operations and remove it when no longer required. K Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. L Compact backfill as required by the Contract Documents. 3.02 REQUIREMENTS FOR EDUCTOR, WELL POINTS, OR DEEP WELLS A For aboveground piping in ground water control system, include a 12-inch minimum length of clear, transparent piping between every eductor well or well point and discharge header so that discharge from each installation can be visually monitored. B Install sufficient piezometers or monitoring wells to show that all trench or shaft excavations in water bearing materials are predrained prior to excavation. Provide separate piezometers for monitoring of dewatenng and for monitoring of depressurization. Install piezometers and monitoring wells for tunneling as appropriate for Contractor's selected method of work. C Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation. D Dewatering may be omitted for portions of underdrains or other excavations, but only where auger borings and piezometers or monitoring wells show that soil is predrained by an existing system such that the criteria of the Ground Water and Surface Water Control Plan are satisfied. 02/2008 01564 - 6 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER E Replace installations that produce noticeable amounts of sediments after development. Provide additional ground water control installations or change the methods in the event that the installations according to the Ground Water and Surface Water Control Plan do not provide satisfactory results based on the performance criteria defined by the Plan and by this Section. Submit a revised Plan according to this Section, 1.03A. G Mechanical dewatering equipment shall comply with Chapter 19 NOISE, Code of Ordinances, City of Pearland, Texas. 3.03 EXCAVATION DRAINAGE A Contractor may use excavation drainage methods if necessary to achieve well drained, stable trench conditions. The excavation drainage may consist of the following methods or combination of methods' 1. Sump pumping in combination with: a. Layer of crushed stone and filter fabric. b. Sand and gravel drains 2. Wells for ground water control. B Use sump pumping and a drainage layer as defined in ASTM D 2321, placed on the foundation beneath pipe bedding or thickened bedding layer of Class I material. 3.04 MAINTENANCE AND OBSERVATION A Conduct daily maintenance and observation of piezometers or monitoring wells while the ground water control installations or excavation drainage are operating in an area Keep system in good operatmg condition. B Replace damaged and destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule. C Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform observation as excavation proceeds. Continue to maintain and make observations, as specified. D Remove and grout piezometers inside or outside the excavation area when ground water control operations are complete. Remove and grout monitoring wells when directed by the Engineer. 3.05 MONITORING AND RECORDING A Monitor and record average flow rate of operation for each deep well, or for each wellpoint or eductor header used in dewatering system Also monitor and record water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved, and twice weekly thereafter. 02/2008 01564 - 7 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER B Observe and record elevation of water level daily as long as ground water control system is in operation, and weekly thereafter until the Work is completed or piezometers or wells are removed, except when Engineer determines that more frequent monitoring and recording are required. Comply with Engineer's direction for increased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. 3.06 SURFACE WATER CONTROL A Intercept surface water and divert it away from excavations through use of dikes, ditches, curb walls, pipes, sumps or other approved means. The requirement includes temporary works required to protect adjoining properties from surface drainage caused by construction operations. B Divert surface water and seepage water into sumps and pump it into drainage channels or storm drains, when approved by agencies having jurisdiction. Provide settling basins when required by such agencies. C Provide additional surface water control measures or change the methods in the event that the measures according to the Ground Water and Surface Water Control Plan do not provide satisfactory results based on the performance criteria defined by the Plan and by this Section. Submit a revised Plan according to this Section, 1.03B. END OF SECTION 02/2008 01564 8 of 8 CITY OF PEARLAND TPDES REQUIREMENTS Section 01565 TPDES REQUIREMENTS 1.0 GENERAL A DEFINITIONS As used herein and in conjunction with TPDES General Permit No. TXR150000, the term OPERATOR refers to the CONTRACTOR. 1.01 SECTION INCLUDES A Description of the required documentation to be prepared signed and submitted by the Contractor before conducting construction operations, in accordance with the terms and conditions of the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR150000 as issued March 5, 2003, re -issued March 5, 2013, by the Texas Commission on Environmental Quality under the provisions of Section 402 of the Clean Water Act and Section 26.040 of the Texas Water Code. B Contractor's responsibility for implementation, maintenance, and inspection of storm water pollution prevention control measures including, but not limited to, erosion and sediment controls, storm water management plans, waste collection and disposal, off -site vehicle tracking, and other practices shown on the Plans or specified elsewhere in this or other Technical Specifications. This Specification provides guidelines and Best Management Practices (BMP's) information for the Contractor to use in adhering to all local state and federal environmental regulations with respect to storm water pollution prevention during construction activity. C References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01310 — Coordination & Meetings 3. Section 01770 — Contract Closeout D Referenced Standards: 1. Texas Commission on Environmental Quality (TCEQ) E Other References: 1. Storm Water Pollution Prevention Plan (SWPPP) found in Appendix A of these Technical Specifications. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section Include cost in Bid Items for which this Work is a component. 04-2013 01565 - 1 of 4 CITY OF PEARLAND TPDES REQUIREMENTS 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. 2.0 PRODUCTS Not Used 3.0 EXECUTION 3.01 REQUIRED NOTICES A The Contractor shall complete, sign, and date the Contractor's Notice of Intent (NOI) attached in Appendix A. The Contractor's NOI shall be submitted to the TCEQ It is the Contractor s responsibility to pay for any fees associated with the permit. Submission of the NOI is required by the Contractor before construction operations begin. B Upon completion of construction and acceptance of the Work by the Owner, the Contractor shall complete, sign, date and submit the Contractor's Notice of Termination (NOT) attached in Appendix A. 3.02 CERTIFICATION REQUIREMENTS A On the Operator's Information form attached in Appendix A the Contractor shall complete name, address, and telephone number for the Contractor; the names of persons or fuins responsible for maintenance and inspection of erosion and sediment control measures and all Subcontractors. B The Contractor and Subcontractors named in the Contractor's Information form shall read, sign, and date the Contractor's/Subcontractor's Certification form, attached in Appendix A. C The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the Contractor's Inspection and Maintenance Certification form, attached in Appendix A. D The Contractor's Information form and all certification forms shall be submitted to the Owner before beginning construction E Contractor shall review implementation of the SWPPP in a meeting with the Owner and Engineer prior to start of construction in accordance with Section 01310 — Coordination & Meetings. 3.03 RETENTION OF RECORDS A The Contractor shall keep a copy of the SWPPP at the Project Site or at the Contractor's office from the date that it became effective to the date the Work is accepted by the Owner. B At Contract Closeout, the Contractor shall submit to the Owner all TPDES forms and certifications, as well as a copy of the SWPPP, in accordance with Section 04-2013 01565 - 2 of 4 CITY OF PEARLAND TPDES REQUIREMENTS 01770 — Contract Closeout. The SWPPP records and data will be retained by Owner for a period of 3 years from the date the Work is accepted by the Owner. 3.04 POSTING OF NOTICES A The following notices shall be posted from the date that this SWPPP goes into effect until the date the Work is accepted by the Owner. 1. Copies of the Notices of Intent submitted by the Contractor and a brief Description of Construction Activity being conducted at the Project Site, as given in Article 1 of the SWPPP, shall be posted at the Project Site or at Contractor s office in a prominent place for public viewing. 2. Notice to drivers of equipment and vehicles instructing them to stop, check, and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. 3. In an easily visible location on Project Site, post a notice of waste disposal procedures. 4. Notice of hazardous material handling and emergency procedures shall be posted with the NOI on Project Site. Keep copies of Material Safety Data Sheets at a location on Project Site that is known to all personnel. 5. Keep a copy of each signed certification at the Project Site or at Contractor's office. APPENDIX A FOLLOWS THIS SECTION END OF SECTION 04-2013 01565-3of4 CITY OF PEARLAND TPDES REQUIREMENTS Section 01565 TPDES REQUIREMENTS (APPENDIX A) TABLE OF CONTENTS TCEQ General Permit NOI TCEQ Form - 20022 TCEQ Form - 20134 NOC TCEQ Form - 20391 NOT TCEQ Form - 20023 Site Notice Forms 04-2013 01565 - 4 of 4 Texas Commission on Environmental Quality P.O. Box i3o87, Austin, Texas 787n.-3087 GENERAL PERMIT TO DISCHARGE UNDER THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code This permit supersedes and replaces TPDES General Permit No. TXR150000 issued March 5, 2008 Construction sites that discharge stormwater associated with construction activity located in the state of Texas may discharge to surface water in the state only according to monitoring requirements and other conditions set forth in this general permit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ or Commission) the laws of the State of Texas, and other orders of the Commission of the TCEQ. The issuance of this general permit does not grant to the permittee.the right to use private or public property for conveyance of stormwater and certain non-stormwater discharges along the discharge route. rilhis includes property belonging to but not limited to any individual, partnership, corporation or other entity. Neither does this general permit authorize any invasion of personal rights nor any violation of federal, state or local laws or regulations. It is the responsibility of the permittee to acquire property rights as may be necessary to use the discharge route. This general permit and the authorization contained herein shall expire at midnight, five years from the permit effective date. EFFECTIVE DATE: March 5, 2013 ISSUED DATE: F E B F19 2013 t10321102Ase For ! - C. mission Construction General Permit TPDES General Permit TXR150000 TPDES GENERAL PERMIT NUMBER TXRig0000 RELATING TO STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES Table of Contents Part I. Flow Chart and Definitions 5 Section A. Flow Chart to Determine Whether Coverage is Required 5 Section B. Definitions 6 Part II. Permit Applicability and Coverage 12 Section A. Discharges Eligible for Authorization 12 1. Stormwater Associated with Construction Activity 12 2. Discharges of Stormwater Associated with Construction Support Activities 12 3. Non-Stormwater Discharges 12 4. Other Permitted Discharges 13 Section B. Concrete Truck Wash Out 13 Section C. Limitations on Permit Coverage 13 1. Post Construction Discharges. 13 2. Prohibition of Non-Stormwater Discharges 13 3. Compliance With Water Quality Standards 13 4. Impaired Receiving Waters and Total Maximum Daily Load (TMDL) Requirements 14 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone 14 6. Discharges to Specific Watersheds and Water Quality Areas 14 7. Protection of Streams and Watersheds by Other Governmental Entities 14 8. Indian Country Lands 14 9. Oil and Gas Production 15 10. Stormwater Discharges from Agricultural Activities 15 11. Endangered Species Act 15 12. Other 15 Section D. Deadlines for Obtaining Authorization to Discharge 15 1. Large Construction Activities 15 2. Small Construction Activities 15 Section E. Obtaining Authorization to Discharge 16 1. Automatic Authorization for Small Construction Activities With Low Potential for Erosion • 16 2. Automatic Authorization For All Other Small Construction Activities: 17 3. Authorization for Large Construction Activities: 17 Page 2 Construction General Permit TPDES General Permit TXR150oo0 4. Waivers for Small Construction Activities 18 5. Effective Date of Coverage 18 6. Notice of Change (NOC) 18 7. Signatory Requirement for NOI Forms, Notice of Termination (NOT) Forms, NOC Letters and Construction Site Notices 19 8. Contents of the NOI 19 Section F. Terminating Coverage 20 1. Notice of Termination (NOT) Required 20 2. Minimum Contents of the NOT 20 3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites 20 4. Transfer of Operational Control 21 Section G. Waivers from Coverage 21 1. Waiver Applicability and Coverage 22 2. Steps to Obtaining a Waiver 22 3. Effective Date of Waiver 22 4. Activities Extending Beyond the Waiver Period 22 Section H. Alternative TPDES Permit Coverage 23 1. Individual Permit Alternative 23 2. Individual Permit Required 23 3. Alternative Discharge Authorization 23 Section I. Permit Expiration 23 Part III. Stormwater Pollution Prevention Plans (SWP3) 24 Section A. Shared SWP3 Development 24 Section B. Responsibilities of Operators 25 1. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications 25 2. Primary Operators with Day -to -Day Operational Control 25 Section C. Deadlines for SWP3 Preparation, Implementation, and Compliance 25 Section D. Plan Review and Making Plans Available 26 Section E. Revisions and Updates to SWP3s 26 Section F. Contents of SWP3 26 Section G. Erosion and Sediment Control Requirements Applicable to All Sites 34 Part IV. Stormwater Runoff from Concrete Batch Plants 35 Section A. Benchmark Sampling Requirements 35 Section B. Best Management Practices (BMPs) and SWP3 Requirements 37 Section C. Prohibition of Wastewater Discharges 39 Page 3 Construction General Permit TPDES General Permit TXR150000 Part V. Concrete Truck Wash Out Requirements 40 Part VI. Retention of Records 40 Part VII. Standard Permit Conditions 40 Part VIII. Fees 41 Appendix A: Automatic Authorization 43 Appendix B: Erosivity Index (EI) Zones in Texas 45 Appendix C: Isoerodent Map 46 Appendix D: Erosivity Indices for EI Zones in Texas 47 Page 4 Construction General Permit TPDES General Permit TXRi50000 Part I. Flow Chart and Definitions Section A. Flow Chart to Determine Whether Coverage is Required How much land will be disturbed? (*1) I or more acres (*1) NO Do you meet the definition of "operator?" (*2) YES NO Will 5 or more acres be disturbed? (*1) YES Permit Coverage Required Prepare and Implement SWP3 Post Site Notice Submit Copy of Site Notice to MS4 Operator 4 Permit Coverage Not Required, Unless Part of a Larger Common Plan of Development or Sale NO Are you a "primary operator?' (*2) YES 1' Permit Coverage Required • Prepare and Implement SWP3 • Submit NOI to TCCQ • Post Site Notice • Submit Copy of NOI to MS4 Operator l To determine the size of the construction project, use the size of the entire area to be disturbed, and include the size of the larger common plan of development or sale, if the project is part of a larger project (refer to Part 1.13., "Definitions, "for an explanation of "common plan of development or sale'). Refer to the definitions for "operator," "primary operator," and "secondary operator" in Part 1., Section 8. of this permit. Page 5 Construction General Permit TPDES General Permit TXRi50000 Section B. Definitions Arid Areas - Areas with an average annual rainfall of o to io inches. Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to control construction site runoff, spills or leaks, waste disposal, or drainage from raw material storage areas. Commencement of Construction - The initial disturbance of soils associated with clearing, grading, or excavation activities, as well as other construction -related activities (e.g., stockpiling of fill material, demolition) Common Plan of Development - A construction activity that is completed in separate stages, separate phases, or in combination with other construction activities. A common plan of development (also known as a `common plan of development or sale") is identified by the documentation for the construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing zoning requests or other similar documentation and activities. A common plan of development does not necessarily include all construction projects within the jurisdiction of a public entity (e.g., a city or university) Construction of roads or buildings in different parts of the jurisdiction would be considered separate "common plans," with only the interconnected parts of a project being considered part of a "common plan' (e.g , a building and its associated parking lot and driveways, airport runway and associated taxiways, a building complex, etc ). Where discrete construction projects occur within a larger common plan of development or sale but are located 1/4 mile or more apart, and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale, provided that any interconnecting road, pipeline or utility project that is part of the same "common plan' is not included in the area to be disturbed. Construction Activity - Includes soil disturbance activities, including clearing, grading, and excavating; and does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance activities). Regulated construction activity is defined in terms of small and large construction activity. Dewatering - The act of draining rainwater or groundwater from building foundations, vaults, and trenches. Discharge - For the purposes of this permit, the drainage, release, or disposal of pollutants in stormwater and certain non-stormwater from areas where soil disturbing activities (e.g., clearing, grading excavation, stockpiling of fill material and demolition), construction materials or equipment storage or maintenance (e.g., fill piles borrow area, concrete truck wash out, fueling), or other industrial stormwater directly related to the construction process (e.g , concrete or asphalt batch plants) are located. Drought -Stricken Area - For the purposes of this permit, an area in which the National Oceanic and Atmospheric Administration's U.S. Seasonal Drought Outlook indicates for the period during which the construction will occur that any of the following conditions are likely: (i) `Drought to persist or intensify", (2) ' Drought ongoing, some improvement", (3) `Drought likely to improve, impacts ease", or (4) "Drought development likely". See http://www.cpc ncep.noaa.gov/products/expert assessment/seasonal drought.html. Edwards Aquifer - As defined under Texas Administrative Code (TAC) § 213.3 of this title (relating to the Edwards Aquifer), that portion of an arcuate belt of porous, water -bearing predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to northeast in Kinney, Uvalde, Medina, Bexar, Comal Hays, Travis, and Williamson Counties; and composed of the Salmon Peak Page 6 Construction General Permit TPDES General Permit TXRiz0000 Limestone, McKnight Formation, West Nueces Formation, Devil's River Limestone Person Formation, Kainer Formation, Edwards Formation, and Georgetown Formation. The permeable aquifer units generally overlie the less -permeable Glen Rose Formation to the south, overlie the less -permeable Comanche Peak and Walnut Formations north of the Colorado River and underlie the less -permeable Del Rio Clay regionally. Edwards Aquifer Recharge Zone - Generally, that area where the stratigraphic units constituting the Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer The recharge zone is identified as that area designated as such on official maps located in the offices of the Texas Commission on Environmental Quality (TCEQ) and the appropriate regional office The Edwards Aquifer Map Viewer, located at http://www.tceq.texas.gov/compliance/field ops/eapp/mapdisclaimer.html, can be used to determine where the recharge zone is located. Edwards Aquifer Contributing Zone - The area or watershed where runoff from precipitation flows downgradient to the recharge zone of the Edwards Aquifer. The contributing zone is located upstream (upgradient) and generally north and northwest of the recharge zone for the following counties: all areas within Kinney County, except the area within the watershed draining to Segment No. 2304 of the Rio Grande Basin; all areas within Uvalde Medina, Bexar, and Comal Counties; all areas within Hays and Travis Counties, except the area within the watersheds draining to the Colorado River above a point 1.3 miles upstream from Tom Miller Dam, Lake Austin at the confluence of Barrow Brook Cove, Segment No. i4o3 of the Colorado River Basin; and all areas within Williamson County, except the area within the watersheds draining to the Lampasas River above the dam at Stillhouse Hollow reservoir, Segment No. 1216 of the Brazos River Basin. The contributing zone is illustrated on the Edwards Aquifer map viewer at http://www.tceq texas.gov/compliance/field ops/eapp/mapdisclaimer.html. Effluent Limitations Guideline (ELG) - Defined in 4o Code of Federal Regulations (CFR) § 122.2 as a regulation published by the Administrator under § 304(b) of the Clean Water Act (CWA) to adopt or revise effluent limitations. Facility or Activity - For the purpose of this permit, a construction site or construction support activity that is regulated under this general permit, including all contiguous land and fixtures (for example, ponds and materials stockpiles), structures, or appurtances used at a construction site or industrial site described by this general permit. Final Stabilization - A construction site status where any of the following conditions are met A. All soil disturbing activities at the site have been completed and a uniform (that is, evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 7o% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions or geotextiles) have been employed. B. For individual lots in a residential construction site by either: (i) the homebuilder completing final stabilization as specified in condition (a) above; or (2) the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. If temporary stabilization is not feasible then the homebuilder may fulfill this requirement by retaining perimeter controls or BMPs, and informing the homeowner of the need for removal of temporary controls and the establishment of final stabilization. Page 7 Construction General Permit TPDES General Permit TXRi50000 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 purposes (such as pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface water and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition (a) above. D. In arid, semi -arid, and drought -stricken areas only, all soil disturbing activities at the site have been completed and both of the following criteria have been met. (i) Temporary erosion control measures (for example degradable rolled erosion control product) are selected, designed, and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by the operator, and (2) The temporary erosion control measures are selected, designed, and installed to achieve 7o% of the native background vegetative coverage within three years. Hyperchlorination of Waterlines - Treatment of potable water lines or tanks with chlorine for disinfection purposes, typically following repair or partial replacement of the waterline or tank, and subsequently flushing the contents. Impaired Water - A surface water body that is identified on the latest approved CWA §3o3(d) List as not meeting applicable state water quality standards Impaired waters include waters with approved or established total maximum daily loads (TMDLs), and those where a TMDL has been proposed by TCEQ but has not yet been approved or established Indian Country Land - (from 4o CFR 022.2) (r) all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent and including rights -of -way running through the reservation; (2) all dependent Indian communities with the borders of the United States whether within the originally or subsequently acquired territory thereof, and whether within or without the limits of a state; and (3) all Indian allotments, the Indian titles to which have not been extinguished, including rights -of -way running through the same. Indian Tribe - (from 40 CFR §122.2) any Indian Tribe, band, group or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian Reservation. Large Construction Activity - Construction activities including clearing grading, and excavating that result in land disturbance of equal to or greater than five (5) acres of land. Large construction activity also includes the disturbance of less than five (5) acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five (5) acres of land. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (for example, the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance activities.) Linear Project - Includes the construction of roads, bridges, conduits, substructures, pipelines, sewer lines, towers poles, cables, wires, connectors, switching, regulating and transforming equipment and associated ancillary facilities in a long narrow area. Minimize - To reduce or eliminate to the extent achievable using stormwater controls that are technologically available and economically practicable and achievable in light of best industry practices. Page 8 Construction General Permit TPDES General Permit TXRi50000 Municipal Separate Storm Sewer System (MS4) - A separate storm sewer system owned or operated by the United States, a state, city, town, county district, association, or other public body (created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control or drainage district or similar entity, or an Indian tribe or an authorized Indian tribal organization, that discharges to surface water in the state. Notice of Change (NOC) - Written notification to the executive director from a discharger authorized under this permit, providing changes to information that was previously provided to the agency in a notice of intent form. Notice of Intent (NOI) - A written submission to the executive director from an applicant requesting coverage under this general permit. Notice of Termination (NOT) - A written submission to the executive director from a discharger authorized under a general permit requesting termination of coverage. Operator - The person or persons associated with a large or small construction activity that is either a primary or secondary operator as defined below: Primary Operator - the person or persons associated with a large or small construction activity that meets either of the following two criteria: (a) the person or persons have on -site operational control over construction plans and specifications including the ability to make modifications to those plans and specifications or (b) the person or persons have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a Storm Water Pollution Prevention Plan (SWP3) for the site or other permit conditions (for example, they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions). Secondary Operator - The person or entity, often the property owner, whose operational control is limited to: (a) the employment of other operators, such as a general contractor, to perform or supervise construction activities; or (b) the ability to approve or disapprove changes to construction plans and specifications, but who does not have day-to-day on -site operational control over construction activities at the site. Secondary operators must either prepare their own SWP3 or participate in a shared SWP3 that covers the areas of the construction site where they have control over the plans and specifications. If there is not a primary operator at the construction site, then the secondary operator is defined as the primary operator and must comply with the requirements for primary operators. Outfall - For the purpose of this permit, a point source at the point where stormwater runoff associated with construction activity discharges to surface water in the state and does not include open conveyances connecting two municipal separate storm sewers, or pipes tunnels, or other conveyances that connect segments of the same stream or other water of the U.S. and are used to convey waters of the U.S. Permittee - An operator authorized under this general permit. The authorization may be gained through submission of a notice of intent, by waiver or by meeting the requirements for automatic coverage to discharge stormwater runoff and certain non-stormwater discharges. Page 9 Construction General Permit TPDES General Permit TXR150000 Point Source - (from 40 CFR §122.2) Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are, or may be, discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. Pollutant - Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into any surface water in the state. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farmland. For the purpose of this permit, the term "pollutant" includes sediment. Pollution - (from Texas Water Code (TWC) §26.00l(14)) The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any surface water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the pubhc enjoyment of the water for any lawful or reasonable purpose. Rainfall Erosivity Factor (R factor) - the total annual erosive potential that is due to climatic effects, and is part of the Revised Universal Soil Loss Equation (RUSLE). Receiving Water - A "Water of the United States' as defined in 4o CFR §122.2 into which the regulated stormwater discharges. Semiarid Areas - areas with an average annual rainfall of io to 20 inches Separate Storm Sewer System - A conveyance or system of conveyances (including roads with drainage systems streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), designed or used for collecting or conveying stormwater; that is not a combined sewer, and that is not part of a publicly owned treatment works (POTW) Small Construction Activity - Construction activities including clearing, grading and excavating that result in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land. Small construction activity also includes the disturbance of less than one (1) acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one (1) and less than five (5) acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (for example, the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance activities.) Steep Slopes - Where a state, Tribe local government, or industry technical manual (e.g. stormwater BMP manual) has defined what is to be considered a ` steep slope', this permit's definition automatically adopts that definition Where no such definition exists, steep slopes are automatically defined as those that are 15 percent or greater in grade. Stormwater (or Stormwater Runoff) - Rainfall runoff, snow melt runoff, and surface runoff and drainage. Stormwater Associated with Construction Activity - Stormwater runoff from a construction activity where soil disturbing activities (including clearing, grading, excavating) result in the disturbance of one (1) or more acres of total land area, or are part of a larger common plan of development or sale that will result in disturbance of one (1) or more acres of total land area. Structural Control (or Practice) - A pollution prevention practice that requires the construction of a device, or the use of a device, to reduce or prevent pollution in stormwater Page 10 Construction General Permit TPDES General Permit TXR150000 runoff. Structural controls and practices may include but are not limited to: silt fences, earthen dikes, drainage swales sediment traps, check dams, subsurface drains, storm drain inlet protection rock outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins. Surface Water in the State - Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from the mean high water mark (MHWM) out 10.36 miles into the Gulf) and all other bodies of surface water natural or artificial inland or coastal fresh or salt, navigable or nonnavigable, and including the beds and banks of all water -courses and bodies of surface water, that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not considered to be water in the state. Temporary Stabilization - A condition where exposed soils or disturbed areas are provided a protective cover or other structural control to prevent the migration of pollutants. Temporary stabilization may include temporary seeding, geotextiles, mulches, and other techniques to reduce or eliminate erosion until either permanent stabilization can be achieved or until further construction activities take place. Total Maximum Daily Load (TMDL) - The total amount of a pollutant that a water body can assimilate and still meet the Texas Surface Water Quality Standards. Turbidity - A condition of water quality characterized by the presence of suspended solids and/or organic material. Waters of the United States - (from 4o CFR §122.2) Waters of the United States or waters of the U.S. means: (a) all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) all interstate waters, including interstate wetlands; (c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) which are used or could be used for industrial purposes by industries in interstate commerce; (d) all impoundments of waters otherwise defined as waters of the United States under this definition; (e) tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) the territorial sea, and (g) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition Waste treatment systems including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 4o CFR §423.11(m) which also meet the criteria of this definition) are not waters of the U.S. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the U.S. (such as Page 11 Construction General Permit TPDES General Permit TXR150000 disposal area in wetlands) nor resulted from the impoundment of waters of the U.S. Waters of the U.S. do not include prior converted cropland Notwithstanding the determination of an area s status as prior converted cropland by any other federal agency, for the purposes of the CWA, the final authority regarding CWA jurisdiction remains with EPA. Part II. Permit Applicability and Coverage Section A. Discharges Eligible for Authorization 1. Stormwater Associated with Construction Activity Discharges of stormwater runoff from small and large construction activities may be authorized under this general permit. 2. Discharges of Stormwater Associated with Construction Support Activities Examples of construction support activities include, but are not limited to, concrete batch plants, rock crushers, asphalt batch plants, equipment staging areas, material storage yards, material borrow areas, and excavated material disposal areas. Construction support activities authorized under this general permit are not commercial operations, and do not serve multiple unrelated construction projects. Discharges of stormwater runoff from construction support activities may be authorized under this general permit, provided that the following conditions are met. (a) the activities are located within one (i) mile from the boundary of the permitted construction site and directly support the construction activity; (b) an SWP3 is developed for the permitted construction site according to the provisions of this general permit and includes appropriate controls and measures to reduce erosion and discharge of pollutants in stormwater runoff from the construction support activities; and (c) the construction support activities either do not operate beyond the completion date of the construction activity or, at the time that they do are authorized under separate Texas Pollutant Discharge Elimination System (TPDES) authorization. Separate TPDES authorization may include the TPDES Multi Sector General Permit (MSGP), TXRo50000 (related to stormwater discharges associated with industrial activity), separate authorization under this general permit if applicable coverage under an alternative general permit if available, or authorization under an individual water quality permit. 3. Non-Stormwater Discharges The following non-stormwater discharges from sites authorized under this general permit are also eligible for authorization under this general permit: (a) discharges from fire fighting activities (fire fighting activities do not include washing of trucks, run-off water from training activities, test water from fire suppression systems, or similar activities) (b) uncontaminated fire hydrant flushings (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life), which include flushings from systems that utilize potable water, surface water, or groundwater that does not contain additional pollutants (uncontaminated fire hydrant flushings do not include systems utilizing reclaimed wastewater as a source water); (c) water from the routine external washing of vehicles, the external portion of buildings or structures, and pavement, where detergents and soaps are not used, where spills or leaks of toxic or hazardous materials have not occurred (unless spilled materials Page 12 Construction General Permit TPDES General Permit TXR150000 have been removed; and if local state, or federal regulations are applicable, the materials are removed according to those regulations), and where the purpose is to remove mud, dirt, or dust; (d) uncontaminated water used to control dust; (e) potable water sources, including waterline flushings, but excluding discharges of hyperchlormated water, unless the water is first dechlormated and discharges are not expected to adversely affect aquatic life; (f) uncontaminated air conditioning condensate; (g) uncontaminated ground water or spring water, including foundation or footing drains where flows are not contaminated with industrial materials such as solvents; and (h) lawn watering and similar irrigation drainage. 4. Other Permitted Discharges Any discharge authorized under a separate National Pollutant Discharge Elimination System (NPDES) TPDES, or TCEQ permit may be combined with discharges authorized by this general permit, provided those discharges comply with the associated permit. Section B. Concrete Truck Wash Out The wash out of concrete trucks at regulated construction sites must be performed in accordance with the requirements of Part V of this general permit. Section C. Limitations on Permit Coverage 1. Post Construction Discharges Discharges that occur after construction activities have been completed, and after the construction site and any supporting activity site have undergone final stabilization, are not eligible for coverage under this general permit. Discharges originating from the sites are not authorized under this general permit following the submission of the notice of termination (NOT) or removal of the appropriate site notice, as applicable for the regulated construction activity. 2. Prohibition of Non-Stormwater Discharges Except as otherwise provided in Part II.A. of this general permit, only discharges that are composed entirely of stormwater associated with construction activity may be authorized under this general permit. 3. Compliance With Water Quality Standards Discharges to surface water in the state that would cause, have the reasonable potential to cause, or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses are not eligible for coverage under this general permit. The executive director may require an application for an individual permit or alternative general permit (see Parts II.H.2. and 3.) to authorize discharges to surface water in the state if the executive director determines that any activity will cause, has the reasonable potential to cause, or contribute to a violation of water quality standards or is found to cause, has the reasonable potential to cause, or contribute to, the impairment of a designated use The executive director may also require an application for an individual permit considering factors described in Part II.H.2. of this general permit. Page 13 Construction General Permit TPDES General Permit TXRi50000 4. Impaired Receiving Waters and Total Maximum Daily Load (TMDL) Requirements New sources or new discharges of the pollutants of concern to impaired waters are not authorized by this permit unless otherwise allowable under 3o TAC Chapter 305 and applicable state law. Impaired waters are those that do not meet applicable water quality standards and are listed on the EPA approved CWA §3o3(d) List. Pollutants of concern are those for which the water body is listed as impaired. Discharges of the pollutants of concern to impaired water bodies for which there is a TMDL are not eligible for this general permit unless they are consistent with the approved TMDL. Permittees must incorporate the conditions and requirements applicable to their discharges into their SWP3, in order to be eligible for coverage under this general permit. For consistency with the construction stormwater-related items in an approved TMDL, the SWP3 must be consistent with any applicable condition, goal, or requirement in the TMDL TMDL Implementation Plan (I -Plan), or as otherwise directed by the executive director. 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone Discharges cannot be authorized by this general permit where prohibited by 3o TAC Chapter 213 (relating to Edwards Aquifer). In addition, commencement of construction (i e. the initial disturbance of soils associated with clearing, grading, or excavating activities, as well as other construction -related activities such as stockpiling of fill material and demolition) at a site regulated under 30 TAC Chapter 213, may not begin until the appropriate Edwards Aquifer Protection Plan (EAPP) has been approved by the TCEQ s Edwards Aquifer Protection Program (a) For new discharges located within the Edwards Aquifer Recharge Zone or within that area upstream from the recharge zone and defined as the Contributing Zone (CZ), operators must meet all applicable requirements of, and operate according to, 3o TAC Chapter 213 (Edwards Aquifer Rule) in addition to the provisions and requirements of this general permit (b) For existing discharges located within the Edwards Aquifer Recharge Zone the requirements of the agency -approved Water Pollution Abatement Plan (WPAP) under the Edwards Aquifer Rule is in addition to the requirements of this general permit. BMPs and maintenance schedules for structural stormwater controls, for example may be required as a provision of the rule All applicable requirements of the Edwards Aquifer Rule for reductions of suspended solids in stormwater runoff are in addition to the requirements in this general permit for this pollutant. 6. Discharges to Specific Watersheds and Water Quality Areas Discharges otherwise eligible for coverage cannot be authorized by this general permit where prohibited by 3o TAC Chapter 311 (relating to Watershed Protection) for water quality areas and watersheds 7. Protection of Streams and Watersheds by Other Governmental Entities This general permit does not limit the authority or ability of federal other state, or local governmental entities from placing additional or more stringent requirements on construction activities or discharges from construction activities. For example, this permit does not limit the authority of a home -rule municipality provided by Texas Local Government Code §401.002. 8. Indian Country Lands Stormwater runoff from construction activities occurring on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of stormwater require authorization under federal NPDES Page 14 Construction General Permit TPDES General Permit TXRi50000 regulations, authority for these discharges must be obtained from the U.S. Environmental Protection Agency (EPA). 9. Oil and Gas Production Stormwater runoff from construction activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline, are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of stormwater require authorization under federal NPDES regulations, authority for these discharges must be obtained from the EPA. io. Stormwater Discharges from Agricultural Activities Stormwater discharges from agricultural activities that are not point source discharges of stormwater are not subject to TPDES permit requirements. These activities may include clearing and cultivating ground for crops, construction of fences to contain livestock, construction of stock ponds, and other similar agricultural activities. Discharges of stormwater runoff associated with the construction of facilities that are subject to TPDES regulations, such as the construction of concentrated animal feeding operations would be point sources regulated under this general permit. 1i. Endangered Species Act Discharges that would adversely affect a listed endangered or threatened aquatic or aquatic -dependent species or its critical habitat are not authorized by this permit, unless the requirements of the Endangered Species Act are satisfied. Federal requirements related to endangered species apply to all TPDES permitted discharges and site -specific controls may be required to ensure that protection of endangered or threatened species is achieved. If a permittee has concerns over potential impacts to listed species the permittee may contact TCEQ for additional information. 12. Other Nothing in Part II of the general permit is intended to negate any person's ability to assert the force majeure (act of God, war, strike, riot, or other catastrophe) defenses found in 3o TAC §7o.7. Section D. Deadlines for Obtaining Authorization to Discharge 1. Large Construction Activities (a) New Construction - Discharges from sites where the commencement of construction occurs on or after the effective date of this general permit must be authorized, either under this general permit or a separate TPDES permit, prior to the commencement of those construction activities. (b) Ongoing Construction - Operators of large construction activities continuing to operate after the effective date of this permit, and authorized under TPDES general permit TXR150o00 (effective on March 5, 2008) must submit an NOI to renew authorization or a NOT to terminate coverage under this general permit within go days of the effective date of this general permit. During this interim period, as a requirement of this TPDES permit, the operator must continue to meet the conditions and requirements of the previous TPDES permit. 2. Small Construction Activities (a) New Construction - Discharges from sites where the commencement of construction occurs on or after the effective date of this general permit must be authorized, either Page 15 Construction General Permit TPDES General Permit TXR15oo00 under this general permit or a separate TPDES permit, prior to the commencement of those construction activities. (b) Ongoing Construction - Discharges from ongoing small construction activities that commenced prior to the effective date of this general permit, and that would not meet the conditions to qualify for termination of this permit as described in Part II.E. of this general permit, must meet the requirements to be authorized, either under this general permit or a separate TPDES permit, within 90 days of the effective date of this general permit. During this interim period as a requirement of this TPDES permit, the operator must continue to meet the conditions and requirements of the previous TPDES permit. Section E. Obtaining Authorization to Discharge 1. Automatic Authorization for Small Construction Activities With Low Potential for Erosion: If all of the following conditions are met, then a small construction activity is determined to occur during periods of low potential for erosion, and a site operator may be automatically authorized under this general permit without being required to develop an SWP3 or submit an NOI (a) the construction activity occurs in a county listed in Appendix A; (b) the construction activity is initiated and completed, including either final or temporary stabilization of all disturbed areas, within the time frame identified in Appendix A for the location of the construction site; (c) all temporary stabilization is adequately maintained to effectively reduce or prohibit erosion, permanent stabilization activities have been initiated, and a condition of final stabilization is completed no later than 3o days following the end date of the time frame identified in Appendix A for the location of the construction site; (d) the permittee signs a completed TCEQ construction site notice, including the certification statement; (e) a signed copy of the construction site notice is posted at the construction site in a location where it is readily available for viewing by the general public, local state, and federal authorities prior to commencing construction activities and maintained in that location until completion of the construction activity; (f) a copy of the signed and certified construction site notice is provided to the operator of any MS4 receiving the discharge at least two days prior to commencement of construction activities• (g) any supporting concrete batch plant or asphalt batch plant is separately authorized for discharges of stormwater runoff or other non-stormwater discharges under an individual TPDES permit, another TPDES general permit, or under an individual TCEQ permit where stormwater and non-stormwater is disposed of by evaporation or irrigation (discharges are adjacent to water in the state); and (h) any non-stormwater discharges are either authorized under a separate permit or authorization or are not considered to be a wastewater. Part II.G. of this general permit describes how an operator may apply for and obtain a waiver from permitting, for certain small construction activities that occur during a period with a low potential for erosion, where automatic authorization under this section is not available. Page 16 Construction General Permit TPDES General Permit TXRi50000 2. Automatic Authorization For All Other Small Construction Activities: Operators of small construction activities not described in Part II.E.i. above may be automatically authorized under this general permit, and operators of these sites shall not be required to submit an NOI, provided that they meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit, that covers either the entire site or all portions of the site for which the applicant is the operator, and implement that plan prior to commencing construction activities; (b) sign and certify a completed TCEQ small construction site notice, post the notice at the construction site in a location where it is safely and readily available for viewing by the general public, local, state, and federal authorities, prior to commencing construction, and maintain the notice in that location until completion of the construction activity (for linear construction activities e.g pipeline or highway the site notice must be placed in a publicly accessible location near where construction is actively underway; notice for these linear sites may be relocated, as necessary, along the length of the project, and the notice must be safely and readily available for viewing by the general public, local, state, and federal authorities); and (c) provide a copy of the signed and certified construction site notice to the operator of any municipal separate storm sewer system receiving the discharge prior to commencement of construction activities. Operators of small construction activities as defined in Part LB of this general permit shall not submit an NOI for coverage unless otherwise required by the executive director. As described in Part I (Definitions) of this general permit, large construction activities include those that will disturb less than five (5) acres of land, but that are part of a larger common plan of development or sale that will ultimately disturb five (5) or more acres of land, and must meet the requirements of Part II.E.3. below. 3. Authorization for Large Construction Activities: Operators of large construction activities that qualify for coverage under this general permit must meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit that covers either the entire site or all portions of the site for which the applicant is the operator, and implement that plan prior to commencing construction activities; (b) primary operators must submit an NOI, using a form provided by the executive director, at least seven (7) days prior to commencing construction activities, or if utilizing electronic submittal, prior to commencing construction activities. If an additional primary operator is added after the initial NOI is submitted the new primary operator must submit an NOI at least seven (7) days before assuming operational control, or if utilizing electronic NOI submittal, prior to assuming operational control. If the primary operator changes after the initial NOI is submitted, the new primary operator must submit a paper NOI or an electronic NOI at least ten (io) days before assuming operational control; (c) all operators of large construction activities must post a site notice in accordance with Part III.D.2 of this permit. The site notice must be located where it is safely and readily available for viewing by the general public, local, state and federal authorities prior to commencing construction, and must be maintained in that location until completion of the construction activity (for hnear construction activities, e.g. pipeline or highway, the site notice must be placed in a publicly accessible location near where construction is actively underway; notice for these linear sites may be relocated, as necessary along the length of the project, and the notice must be safely and readily available for viewing by the general public; local, state, and federal authorities); Page 17 Construction General Permit TPDES General Permit TXR150000 (d) prior to commencing construction activities, all primary operators must (1) provide a copy of the signed NOI to the operator of any MS4 receiving the discharge and to any secondary construction operator, and (2) list in the SWP3 the names and addresses of all MS4 operators receiving a copy; (e) all persons meeting the definition of "secondary operator" in Part I of this permit are hereby notified that they are regulated under this general permit but are not required to submit an NOI, provided that a primary operator at the site has submitted an NOT or is required to submit an NOI, and the secondary operator has provided notification to the operator(s) of the need to obtain coverage (with records of notification available upon request). Any secondary operator notified under this provision may alternatively submit an NOI under this general permit, may seek coverage under an alternative TPDES individual permit, or may seek coverage under an alternative TPDES general permit if available; and (f) all secondary operators must provide a copy of the signed and certified Secondary Operator construction site notice to the operator of any MS4 receiving the discharge prior to commencement of construction activities. Waivers for Small Construction Activities: 4• Part II.G. describes how operators of certain small construction activities may obtain a waiver from coverage. 5. Effective Date of Coverage (a) Operators of small construction activities as described in either Part II.E 1. or II.E.2. above are authorized immediately following compliance with the apphcable conditions of Part II E.i. or II.E.2. Secondary operators of large construction activities as described in Part II.E.3. above are authorized immediately following compliance with the applicable conditions in Part II.E.3. For activities located in areas regulated by 3o TAC Chapter 213, related to the Edwards Aquifer this authorization to discharge is separate from the requirements of the operator's responsibilities under that rule Construction may not commence for sites regulated under 3o TAC Chapter 213 until all applicable requirements of that rule are met. (b) Primary operators of large construction activities as described in Part II.E.3. above are provisionally authorized seven (7) days from the date that a completed NOI is postmarked for delivery to the TCEQ unless otherwise notified by the executive director. If electronic submission of the NOI is provided, and unless otherwise notified by the executive director, primary operators are authorized immediately following confirmation of receipt of the NOI by the TCEQ. Authorization is non - provisional when the executive director finds the NOI is administratively complete and an authorization number is issued for the activity. For activities located in areas regulated by 3o TAC Chapter 213, related to the Edwards Aquifer, this authorization to discharge is separate from the requirements of the operator's responsibilities under that rule Construction may not commence for sites regulated under 3o TAC Chapter 213 until all applicable requirements of that rule are met. (c) Operators are not prohibited from submitting late NOIs or posting late notices to obtain authorization under this general permit. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted activities that may have occurred between the time construction commenced and authorization was obtained. 6. Notice of Change (NOC) If relevant information provided in the NOI changes, an NOC must be submitted at least 14 days before the change occurs, if possible. Where 14-day advance notice is not possible, the operator must submit an NOC within 14 days of discovery of the change. If Page 18 Construction General Permit TPDES General Permit TXRi50000 the operator becomes aware that it failed to submit any relevant facts or submitted incorrect information in an NOI the correct information must be provided to the executive director in an NOC within 14 days after discovery. The NOC shall be submitted on a form provided by the executive director or by letter if an NOC form is not available. A copy of the NOC must also be provided to the operator of any MS4 receiving the discharge, and a list must be included in the SWP3 that includes the names and addresses of all MS4 operators receiving a copy. Information that may be included on an NOC includes, but is not limited to, the following: the description of the construction project, an increase in the number of acres disturbed (for increases of one or more acres) or the operator name. A transfer of operational control from one operator to another, including a transfer of the ownership of a company, may not be included in an NOC. A transfer of ownership of a company includes changes to the structure of a company, such as changing from a partnership to a corporation or changing corporation types, so that the filing number (or charter number) that is on record with the Texas Secretary of State must be changed. An NOC is not required for notifying TCEQ of a decrease in the number of acres disturbed. This information must be included in the SWP3 and retained on site. 7. Signatory Requirement for NOI Forms, Notice of Termination (NOT) Forms, NOC Letters, and Construction Site Notices NOI forms, NOT fonds, NOC letters, and Construction Site Notices that require a signature must be signed according to 3o TAC § 305.44 (relating to Signatories for Applications). 8. Contents of the NOI The NOI form shall require, at a minimum, the following information: (a) the TPDES CGP authorization number for existing authorizations under this general permit, where the operator submits an NOI to renew coverage within 90 days of the effective date of this general permit; (b) the name, address, and telephone number of the operator filing the NOI for permit coverage; (c) the name (or other identifier), address, county, and latitude/longitude of the construction project or site; (d) the number of acres that will be disturbed by the applicant, (e) confirmation that the project or site will not be located on Indian Country lands; (f) confirmation that a SWP3 has been developed in accordance with this general permit, that it will be implemented prior to construction, and that it is compliant with any applicable local sediment and erosion control plans; for multiple operators who prepare a shared SWP3, the confirmation for an operator may be hmited to its obligations under the SWP3 provided all obligations are confirmed by at least one operator; (g) name of the receiving water(s); (h) the classified segment number for each classified segment that receives discharges from the regulated construction activity (if the discharge is not directly to a classified segment, then the classified segment number of the first classified segment that those discharges reach); and (i) the name of all surface waters receiving discharges from the regulated construction activity that are on the latest EPA -approved CWA § 3o3(d) List of impaired waters. Page 19 Construction General Permit TPDES General Permit TXRi50000 Section F. Terminating Coverage 1. Notice of Termination (NOT) Required Each operator that has submitted an NOI for authorization under this general permit must apply to terminate that authorization following the conditions described in this section of the general permit. Authorization must be terminated by submitting an NOT on a form supplied by the executive director. Authorization to discharge under this general permit terminates at midnight on the day the NOT is postmarked for delivery to the TCEQ If electronic submission of the NOT is provided, authorization to discharge under this permit terminates immediately following confirmation of receipt of the NOT by the TCEQ Compliance with the conditions and requirements of this permit is required until an NOT is submitted. The NOT must be submitted to TCEQ, and a copy of the NOT provided to the operator of any MS4 receiving the discharge (with a list in the SWP3 of the names and addresses of all MS4 operators receiving a copy), within 30 days after any of the following conditions are met. (a) final stabilization has been achieved on all portions of the site that are the responsibility of the permittee; (b) a transfer of operational control has occurred (See Section II.F.4. below) or (c) the operator has obtained alternative authorization under an individual TPDES permit or alternative TPDES general permit. 2. Minimum Contents of the NOT The NOT form shall require, at a minimum, the following information: (a) if authorization was granted following submission of an NOI the permittee's site - specific TPDES authorization number for the construction site* (b) an indication of whether the construction activity is completed or if the permittee is simply no longer an operator at the site; (c) the name, address, and telephone number of the permittee submitting the NOT; (d) the name (or other identifier), address, county, and location (latitude/longitude) of the construction project or site; and (e) a signed certification that either all stormwater discharges requiring authorization under this general permit will no longer occur, or that the applicant is no longer the operator of the facility or construction site, and that all temporary structural erosion controls have either been removed, will be removed on a schedule defined in the SWP3 or have been transferred to a new operator if the new operator has applied for permit coverage. Erosion controls that are designed to remain in place for an indefinite period, such as mulches and fiber mats, are not required to be removed or scheduled for removal 3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites Each operator that has obtained automatic authorization and has not been required to submit an NOI must remove the site notice upon meeting any of the conditions listed below, complete the applicable portion of the site notice related to removal of the site notice, and submit a copy of the completed site notice to the operator of any MS4 receiving the discharge (or provide alternative notification as allowed by the MS4 operator, with documentation of such notification included in the SWP3), within 3o days of meeting any of the following conditions: Page 20 Construction General Permit TPDES General Permit TXR150000 (a) final stabilization has been achieved on all portions of the site that are the responsibility of the permittee; (b) a transfer of operational control has occurred (See Section II.F.4. below); or (c) the operator has obtained alternative authorization under an individual or general TPDES permit. Authorization to discharge under this general permit terminates immediately upon removal of the applicable site notice Compliance with the conditions and requirements of this permit is required until the site notice is removed. 4. Transfer of Operational Control Coverage under this general permit is not transferable. A transfer of operational control includes changes to the structure of a company, such as changing from a partnership to a corporation, or changing to a different corporation type such that a different filing (or charter) number is established with the Texas Secretary of State. When the primary operator of a large construction activity changes or operational control is transferred, the original operator must submit an NOT within ten (io) days prior to the date that responsibility for operations terminates, and the new operator must submit an NOI at least ten (io) days prior to the transfer of operational control, in accordance with condition (a) or (b) below. A copy of the NOT must be provided to the operator of any MS4 receiving the discharge in accordance with Section II.F.1 above Operators of regulated construction activities who are not required to submit an NOI must remove the original site notice, and the new operator must post the required site notice prior to the transfer of operational control, in accordance with condition (a) or (b) below. A copy of the completed site notice must be provided to the operator of any MS4 receiving the discharge, in accordance with Section II.F.3. above. A transfer of operational control occurs when either of the following criteria is met. (a) Another operator has assumed control over all areas of the site that have not been finally stabilized; and all silt fences and other temporary erosion controls have either been removed, scheduled for removal as defined in the SWP3, or transferred to a new operator, provided that the permitted operator has attempted to notify the new operator in writing of the requirement to obtain permit coverage. Record of this notification (or attempt at notification) shall be retained by the operator in accordance with Part VI of this permit. Erosion controls that are designed to remain in place for an indefinite period, such as mulches and fiber mats, are not required to be removed or scheduled for removal. (b) A homebuilder has purchased one or more lots from an operator who obtained coverage under this general permit for a common plan of development or sale. The homebuilder is considered a new operator and shall comply with the requirements listed above, including the development of a SWP3 if necessary. Under these circumstances, the homebuilder is only responsible for compliance with the general permit requirements as they apply to lot(s) it has operational control over, and the original operator remains responsible for common controls or discharges, and must amend its SWP3 to remove the lot(s) transferred to the homebuilder. Section G. Waivers from Coverage The executive director may waive the otherwise applicable requirements of this general permit for stormwater discharges from small construction activities under the terms and conditions described in this section. Construction General Permit TPDES General Permit TXRi50000 i. Waiver Applicability and Coverage Operators of small construction activities may apply for and receive a waiver from the requirements to obtain authorization under this general permit, where all of the following conditions are met. This waiver from coverage does not apply to non- stormwater discharges. The operator must insure that any non-stormwater discharges are either authorized under a separate permit or authorization, or are not considered to be a wastewater. (a) the calculated rainfall erosivity (R) factor for the entire period of the construction project is less than five (5); (b) the operator submits to the TCEQ a signed waiver certification form, supplied by the executive director, certifying that the construction activity will commence and be completed within a period when the value of the calculated R factor is less than five (5); and (c) the waiver certification form is postmarked for delivery to the TCEQ at least seven (7) days before construction activity begins or, if electronic filing is available then any time following the receipt of written confirmation from TCEQ that a complete electronic application was submitted and acknowledged 2 Steps to Obtaining a Waiver The construction site operator may calculate the R factor to request a waiver using the following steps: (a) Estimate the construction start date and the construction end date. The construction end date is the date that final stabilization will be achieved. (b) Find the appropriate Erosivity Index (EI) zone in Appendix B of this permit. (c) Find the EI percentage for the project period by adding the results for each period of the project using the table provided in Appendix D of this permit, in EPA Fact Sheet 2.1, or in USDA Handbook 703, by subtracting the start value from the end value to find the percent EI for the site. (d) Refer to the Isoerodent Map (Appendix C of this permit) and interpolate the annual isoerodent value for the proposed construction location. (e) Multiply the percent value obtained in Step (c) above by the annual isoerodent value obtained in Step (d). This is the R factor for the proposed project. If the value is less than 5, then a waiver maybe obtained. If the value is five (5) or more then a waiver may not be obtained, and the operator must obtain coverage under Part II.E.2. of this permit. Alternatively, the operator may calculate a site -specific R factor utilizing the following online calculator: http://ei.tamu.edu/index.htifl, or using another available resource. The waiver certification form is not required to be posted at the small construction site. 3. Effective Date of Waiver Operators of small construction activities are provisionally waived from the otherwise applicable requirements of this general permit seven (7) days from the date that a completed waiver certification form is postmarked for delivery to TCEQ, or immediately upon receiving confirmation of approval of an electronic submittal, if electronic form submittals are available. 4. Activities Extending Beyond the Waiver Period If a construction activity extends beyond the approved waiver period due to circumstances beyond the control of the operator, the operator must either: Page 22 Construction General Permit TPDES General Permit TXRi50000 (a) recalculate the R factor using the original start date and a new projected ending date, and if the R factor is still under five (5), submit a new waiver certification form at least two (2) days before the end of the original waiver period; or (b) obtain authorization under this general permit according to the requirements delineated in either Part II.E.2. or Part II.E.3. before the end of the approved waiver period. Section H. Alternative TPDES Permit Coverage 1. Individual Permit Alternative Any discharge eligible for coverage under this general permit may alternatively be authorized under an individual TPDES permit according to 3o TAC §305 (relating to Consolidated Permits). Applications for individual permit coverage should be submitted at least three hundred and thirty (330) days prior to commencement of construction activities to ensure timely authorization 2. Individual Permit Required The executive director may suspend an authorization or deny an NOI in accordance with the procedures set forth in 30 TAC §205 (relating to General Permits for Waste Discharges), including the requirement that the executive director provide written notice to the permittee The executive director may require an operator of a construction site, otherwise eligible for authorization under this general permit, to apply for an individual TPDES permit in the following circumstances: (a) the conditions of an approved TMDL or TMDL I -Plan on the receiving water; (b) the activity being determined to cause a violation of water quality standards or being found to cause, or contribute to, the loss of a designated use of surface water in the state: and (c) any other consideration defined in 3o TAC Chapter 205 (relating to General Permits for Waste Discharges) including 3o TAC Chapter 2o5.4(c)(3)(D), which allows the commission to deny authorization under the general permit and require an individual permit if a discharger "has been determined by the executive director to have been out of compliance with any rule, order, or permit of the commission, including non- payment of fees assessed by the executive director." Additionally, the executive director may cancel, revoke, or suspend authorization to discharge under this general permit based on a finding of historical and significant noncompliance with the provisions of this general permit, relating to 3o TAC §60.3 (Use of Compliance History). Denial of authorization to discharge under this general permit or suspension of a permittee's authorization under this general permit shall be done according to commission rules in 30 TAC Chapter 205 (relating to General Permits for Waste Discharges). 3. Alternative Discharge Authorization Any discharge eligible for authorization under this general permit may alternatively be authorized under a separate general permit according to 30 TAC Chapter 205 (relating to General Permits for Waste Discharges), if applicable. Section I. Permit Expiration i. This general permit is effective for a term not to exceed five (5) years All active discharge authorizations expire on the date provided on page one (i) of this permit. Following public notice and comment, as provided by 3o TAC §205.3 (relating to Page 23 Construction General Permit TPDES General Permit TXR150000 Public Notice, Public Meetings, and Public Comment), the commission may amend, revoke cancel, or renew this general permit. 2. If the executive director publishes a notice of the intent to renew or amend this general permit before the expiration date, the permit will remain in effect for existing authorized discharges until the commission takes final action on the permit. Upon issuance of a renewed or amended permit, permittees may be required to submit an NOI within 90 days following the effective date of the renewed or amended permit, unless that permit provides for an alternative method for obtaining authorization. 3. If the commission does not propose to reissue this general permit within 90 days before the expiration date, permittees shall apply for authorization under an individual permit or an alternative general permit. If the application for an individual permit is submitted before the expiration date, authorization under this expiring general permit remains in effect until the issuance or denial of an individual permit. No new NOIs will be accepted nor new authorizations honored under the general permit after the expiration date. Part III. Stormwater Pollution Prevention Plans (SWP3) All regulated construction site operators shall prepare an SWP3, prior to submittal of an NOI, to address discharges authorized under Parts II.E.2. and II.E.3. of this general permit that will reach Waters of the U S., including discharges to MS4s and privately owned separate storm sewer systems that drain to Waters of the U S., to identify and address potential sources of pollution that are reasonably expected to affect the quality of discharges from the construction site, including off -site material storage areas, overburden and stockpiles of dirt, borrow areas, equipment staging areas, vehicle repair areas, fueling areas, etc., used solely by the permitted project. The SWP3 must describe the implementation of practices that will be used to minimize to the extent practicable the discharge of pollutants in stormwater associated with construction activity and non-stormwater discharges described in Part II.A.3., in compliance with the terms and conditions of this permit. Individual operators at a site may develop separate SWP3s that cover only their portion of the project, provided reference is made to the other operators at the site. Where there is more than one SWP3 for a site, permittees must coordinate to ensure that BMPs and controls are consistent and do not negate or impair the effectiveness of each other. Regardless of whether a single comprehensive SWP3 is developed or separate SWP3s are developed for each operator, it is the responsibility of each operator to ensure compliance with the terms and conditions of this general permit in the areas of the construction site where that operator has control over construction plans and specifications or day-to-day operations. Section A. Shared SWP3 Development For more effective coordination of BMPs and opportunities for cost sharing, a cooperative effort by the different operators at a site is encouraged Operators must independently obtain authorization but may work together to prepare and implement a single, comprehensive SWP3 for the entire construction site i. The SWP3 must clearly list the name and for large construction activities the general permit authorization numbers, for each operator that participates in the shared SWP3 Until the TCEQ responds to receipt of the NOI with a general permit authorization number, the SWP3 must specify the date that the NOI was submitted to TCEQ by each operator Each operator participating in the shared plan must also sign the SWP3. Page 24 Construction General Permit TPDES General Permit TXR15oo00 2. The SWP3 must clearly indicate which operator is responsible for satisfying each shared requirement of the SWP3. If the responsibility for satisfying a requirement is not described in the plan, then each permittee is entirely responsible for meeting the requirement within the boundaries of the construction site where they perform construction activities. The SWP3 must clearly describe responsibilities for meeting each requirement in shared or common areas. 3. The SWP3 may provide that one operator is responsible for preparation of a SWP3 in compliance with the CGP, and another operator is responsible for implementation of the SWP3 at the project site. Section B. Responsibilities of Operators 1. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications All secondary operators and primary operators with control over construction plans and specifications shall: (a) ensure the project specifications allow or provide that adequate BMPs are developed to meet the requirements of Part III of this general permit, (b) ensure that the SWP3 indicates the areas of the project where they have control over project specifications, including the ability to make modifications in specifications• (c) ensure that all other operators affected by modifications in project specifications are notified in a timely manner so that those operators may modify their BMP s as necessary to remain compliant with the conditions of this general permit and (d) ensure that the SWP3 for portions of the project where they are operators indicates the name and site -specific TPDES authorization number(s) for operators with the day-to-day operational control over those activities necessary to ensure compliance with the SWP3 and other permit conditions. If the party with day-to-day operational control has not been authorized or has abandoned the site, the person with control over project specifications is considered to be the responsible party until the authority is transferred to another party and the SWP3 is updated. 2. Primary Operators with Day -to -Day Operational Control Primary operators with day-to-day operational control of those activities at a project that are necessary to ensure compliance with an SWP3 and other permit conditions must ensure that the SWP3 accomplishes the following requirements (a) meets the requirements of this general permit for those portions of the project where they are operators; (b) identifies the parties responsible for implementation of BMPs described in the SWP3; (c) indicates areas of the project where they have operational control over day-to-day activities; and (d) includes, for areas where they have operational control over day-to-day activities, the name and site -specific TPDES authorization number of the parties with control over project specifications, including the ability to make modifications in specifications. Section C. Deadlines for SWP3 Preparation, Implementation, and Compliance The SWP3 must be prepared prior to obtaining authorization under this general permit, and implemented prior to commencing construction activities that result in soil Page 25 Construction General Permit TPDES General Permit TXR150000 disturbance. The SWP3 must be prepared so that it provides for compliance with the terms and conditions of this general permit. Section D. Plan Review and Making Plans Available 1. The SWP3 must be retained on -site at the construction site or, if the site is inactive or does not have an on -site location to store the plan, a notice must be posted describing the location of the SWP3 The SWP3 must be made readily available at the time of an on -site inspection to: the executive director; a federal, state, or local agency approving sediment and erosion plans, grading plans or stormwater management plans; local government officials; and the operator of a municipal separate storm sewer receiving discharges from the site. If the SWP3 is retained off -site then it shall be made available as soon as reasonably possible In most instances, it is reasonable that the SWP3 shall be made available within 24 hours of the request. 2. A primary operator of a large construction activity must post the TCEQ site notice near the main entrance of the construction site. An operator of a small construction activity seeking authorization under this general permit and a secondary operator of a large construction activity must post the TCEQ site notice required in Part II.E.1., 2., or 3. of this general permit in order to obtain authorization. If the construction project is a linear construction project, such as a pipeline or highway, the notices must be placed in a publicly accessible location near where construction is actively underway Notices for these linear sites may be relocated, as necessary, along the length of the project. The notices must be readily available for viewing by the general public; local, state and federal authorities; and contain the following information: (a) the site -specific TPDES authorization number for the project if assigned; (b) the operator name, contact name, and contact phone number; (c) a brief description of the project; and (d) the location of the SWP3 3. This permit does not provide the general public with any right to trespass on a construction site for any reason, including inspection of a site; nor does this permit require that permittees allow members of the general public access to a construction site. Section E. Revisions and Updates to SWP3s The permittee must revise or update the SWP3 whenever the following occurs: 1. a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3; 2. changing site conditions based on updated plans and specifications, new operators, new areas of responsibility, and changes in BMPs; or 3. results of inspections or investigations by site operators, operators of a municipal separate storm sewer system receiving the discharge, authorized TCEQ personnel, or a federal, state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. Section F. Contents of SWP3 The SWP3 must include, at a minimum, the information described in this section and must comply with the construction and development effluent guidelines in Part III, Section G of the general permit. Page 26 Construction General Permit TPDES General Permit TXRi50000 i. A site or project description, which includes the following information: (a) a description of the nature of the construction activity; (b) a list of potential pollutants and their sources; (c) a description of the intended schedule or sequence of activities that will disturb soils for major portions of the site, including estimated start dates and duration of activities; (d) the total number of acres of the entire property and the total number of acres where construction activities will occur, including off -site material storage areas, overburden and stockpiles of dirt, and borrow areas that are authorized under the permittee's NOI; (e) data describing the soil or the quality of any discharge from the site; (f) a map showing the general location of the site (e.g. a portion of a city or county map); (g) a detailed site map (or maps) indicating the following: (i) drainage patterns and approximate slopes anticipated after major grading activities; (ii) areas where soil disturbance will occur; (iii) locations of all controls and buffers, either planned or in place; (iv) locations where temporary or permanent stabilization practices are expected to be used; (v) locations of construction support activities, including off -site activities, that are authorized under the permittee s NOI, including material, waste, borrow, fill, or equipment or chemical storage areas; (vi) surface waters (including wetlands) either at, adjacent, or in dose proximity to the site, and also indicating those that are impaired waters; (vii) locations where stormwater discharges from the site directly to a surface water body or a municipal separate storm sewer system; (viii) vehicle wash areas; and (ix) designated points on the site where vehicles will exit onto paved roads (for instance this applies to construction transition from unstable dirt areas to exterior paved roads). Where the amount of information required to be included on the map would result in a single map being difficult to read and interpret, the operator shall develop a series of maps that collectively include the required information. (h) the location and description of support activities authorized under the permittee's NOI, including asphalt plants concrete plants, and other activities providing support to the construction site that is authorized under this general permit, (i) the name of receiving waters at or near the site that may be disturbed or that may receive discharges from disturbed areas of the project; (j) a copy of this TPDES general permit; (k) the NOI and acknowledgement certificate for primary operators of large construction sites, and the site notice for small construction sites and for secondary operators of large construction sites; (1) stormwater and allowable non-stormwater discharge locations, including storm drain inlets on site and in the immediate vicinity of the construction site and Page 27 Construction General Permit TPDES General Permit TXR150000 (m) locations of all pollutant -generating activities, such as paving operations; concrete, paint and stucco washout and water disposal; solid waste storage and disposal; and dewatering operations. 2. A description of the BMPs that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation. At a minimum the description must include the following components: (a) General Requirements (i) Erosion and sediment controls must be designed to retain sediment on -site to the extent practicable with consideration for local topography, soil type, and rainfall. (ii) Control measures must be properly selected, installed, and maintained according to the manufacturer's or designer's specifications. (iii) Controls must be developed to minimize the offsite transport of litter, construction debris, and construction materials. (b) Erosion Control and Stabilization Practices The SWP3 must include a description of temporary and permanent erosion control and stabilization practices for the site, compliant with the requirements of Part III.G.1 and G 2 of this general permit, including a schedule of when the practices will be implemented. Site plans should ensure that existing vegetation is preserved where it is possible. (i) Erosion control and stabilization practices may include but are not limited to: establishment of temporary or permanent vegetation, mulching, geotextiles sod stabilization, vegetative buffer strips protection of existing trees and vegetation, slope texturing, temporary velocity dissipation devices, flow diversion mechanisms and other similar measures. (ii) The following records must be maintained and either attached to or referenced in the SWP3, and made readily available upon request to the parties listed in Part III.D.1 of this general permit: (A) the dates when major grading activities occur; (B) the dates when construction activities temporarily or permanently cease on a portion of the site; and (C) the dates when stabihzation measures are initiated. (iii) Erosion control and stabilization measures must be initiated immediately in portions of the site where construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days. Stabilization measures that provide a protective cover must be initiated immediately in portions of the site where construction activities have permanently ceased. The term "immediately" is used to define the deadline for initiating stabilization measures. In the context of this requirement, "immediately' means as soon as practicable, but no later than the end of the next work day, following the day when the earth -disturbing activities have temporarily or permanently ceased Except as provided in (A) through (D) below, these measures must be completed as soon as practicable, but no more than 14 calendar days after the initiation of soil stabilization measures: (A) Where the immediate initiation of stabilization measures after construction activity temporarily or permanently ceased is precluded Page 28 Construction General Permit TPDES General Permit TXRi50000 by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable. (B) In arid areas, semi -arid areas, or drought -stricken areas where the immediate initiation of stabilization measures after construction activity has temporarily or permanently ceased or is precluded by arid conditions, erosion control and stabilization measures must be initiated as soon as practicable. Where vegetative controls are not feasible due to arid conditions, the operator shall immediately install, and within 14 calendar days of a temporary or permanent cessation of work in any portion of the site complete, non -vegetative erosion controls. If non -vegetative controls are not feasible, the operator shall install temporary sediment controls as required in Paragraph (C) below. (C) In areas where temporary stabilization measures are infeasible, the operator may alternatively utilize temporary perimeter controls. The operator must document in the SWP3 the reason why stabilization measures are not feasible, and must demonstrate that the perimeter controls will retain sediment on site to the extent practicable. The operator must continue to inspect the BMPs at the frequency established in Section III.F.y.(a) for unstabilized sites. (D) If the initiation or completion of vegetative stabilization is affected by circumstances beyond the control of the permittee, vegetative stabilization must be initiated or completed as soon as conditions or circumstances allow it on the site. The requirement to initiate stabilization is triggered as soon as it is known with reasonable certainty that work will be stopped for 14 or more additional calendar days. (iv) Final stabilization must be achieved prior to termination of permit coverage. (v) TCEQ does not expect that temporary or permanent stabilization measures to be applied to areas that are intended to be left un-vegetated or un- stabilized following construction (e.g., dirt access roads, utility pole pads, areas being used for storage of vehicles, equipment, or materials). (c) Sediment Control Practices The SWP3 must include a description of any sediment control practices used to remove eroded soils from stormwater runoff, including the general timing or sequence for implementation of controls. (i) Sites With Drainage Areas of Ten or More Acres (A) Sedimentation Basin(s) (i) A sedimentation basin is required, where feasible for a common drainage location that serves an area with ten (io) or more acres disturbed at one time. A sedimentation basin may be temporary or permanent, and must provide sufficient storage to contain a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained. When calculating the volume of runoff from a 2-year, 24-hour storm event, it is not required to include the flows from offsite areas and flow from onsite areas that are either undisturbed or have already undergone permanent stabilization, if these flows are diverted around both the disturbed areas of the site and the sediment basin. Capacity calculations shall be included in the SWP3. Page 29 Construction General Permit TPDES General Permit TXR150000 (2) Where rainfall data is not available or a calculation cannot be performed, the sedimentation basin must provide at least 3,600 cubic feet of storage per acre drained until final stabilization of the site. (3) If a sedimentation basin is not feasible, then the permittee shall provide equivalent control measures until final stabilization of the site. In determining whether installing a sediment basin is feasible, the permittee may consider factors such as site soils, slope, available area, public safety, precipitation patterns, site geometry, site vegetation infiltration capacity, geotechnical factors, depth to groundwater, and other similar considerations. The permittee shall document the reason that the sediment basins are not feasible, and shall utilize equivalent control measures, which may include a series of smaller sediment basins. (4) Unless infeasible, when discharging from sedimentation basins and impoundments the permittee shall utilize outlet structures that withdraw water from the surface. (B) Perimeter Controls At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries of the construction area, and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (ii) Controls for Sites With Drainage Areas Less than Ten Acres: (A) Sediment traps and sediment basins may be used to control solids in stormwater runoff for drainage locations serving less than ten (io) acres. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries of the construction area, and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (B) Alternatively, a sediment basin that provides storage for a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained may be utilized. Where rainfall data is not available or a calculation cannot be performed a temporary or permanent sediment basin providing 3 60o cubic feet of storage per acre drained may be provided. If a calculation is performed, then the calculation shall be included in the SWP3. (C) If sedimentation basins or impoundments are used, the permittee shall comply with the requirements in Part III.G.6 of this general permit. 3. Description of Permanent Stormwater Controls A description of any measures that will be installed during the construction process to control pollutants in stormwater discharges that may occur after construction operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and maintenance of stormwater management measures prior to final stabilization of the site or prior to submission of an NOT. 4. Other Required Controls and BMPs (a) Permittees shall minimize, to the extent practicable the off -site vehicle tracking of sediments and the generation of dust. The SWP3 shall include a description of controls utilized to accomplish this requirement. Page 30 Construction General Permit TPDES General Permit TXR150000 (b) The SWP3 must include a description of construction and waste materials expected to be stored on -site and a description of controls to minimize pollutants from these materials. (c) The SWP3 must include a description of potential pollutant sources from areas other than construction (such as stormwater discharges from dedicated asphalt plants and dedicated concrete batch plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. (d) Permittees shall place velocity dissipation devices at discharge locations and along the length of any outfall channel (Le., runoff conveyance) to provide a non - erosive flow velocity from the structure to a water course, so that the natural physical and biological characteristics and functions are maintained and protected. (e) Permittees shall design and utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water from the site. (f) Permittees shall ensure that all other required controls and BMPs comply with all of the requirements of Part III.G of this general permit. 5. Documentation of Compliance with Approved State and Local Plans (a) Permittees must ensure that the SWP3 is consistent with requirements specified in apphcable sediment and erosion site plans or site permits, or stormwater management site plans or site permits approved by federal, state, or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits, or stormwater management site plans or site permits approved by state or local official for which the permittee receives written notice. (c) If the permittee is required to prepare a separate management plan, including but not limited to a WPAP or Contributing Zone Plan in accordance with 3o TAC Chapter 213 (related to the Edwards Aquifer), then a copy of that plan must be either included in the SWP3 or made readily available upon request to authorized personnel of the TCEQ. The permittee shall maintain a copy of the approval letter for the plan in its SWP3. 6. Maintenance Requirements (a) All protective measures identified in the SWP3 must be maintained in effective operating condition. If, through inspections or other means, the permittee determines that BMPs are not operating effectively, then the permittee shall perform maintenance as necessary to maintain the continued effectiveness of stormwater controls, and prior to the next rain event if feasible. If maintenance prior to the next anticipated storm event is impracticable, the reason shall be documented in the SWP3 and maintenance must be scheduled and accomplished as soon as practicable. Erosion and sediment controls that have been intentionally disabled, run -over, removed, or otherwise rendered ineffective must be replaced or corrected immediately upon discovery (b) If periodic inspections or other information indicates a control has been used incorrectly, is performing inadequately, or is damaged, then the operator shall replace or modify the control as soon as practicable after making the discovery. (c) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 5o%. For perimeter Page 3i Construction General Permit TPDES General Permit TXRi50000 controls such as silt fences, berms, etc., the trapped sediment must be removed before it reaches 50% of the above -ground height. (d) If sediment escapes the site, accumulations must be removed at a frequency that minimizes off -site impacts, and prior to the next rain event, if feasible. If the permittee does not own or operate the off -site conveyance then the permittee shall work with the owner or operator of the property to remove the sediment. 7. Inspections of Controls (a) Personnel provided by the permittee must inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, discharge locations, and structural controls for evidence of, or the potential for, pollutants entering the drainage system. Personnel conducting these inspections must be knowledgeable of this general permit, familiar with the construction site, and knowledgeable of the SWP3 for the site. Sediment and erosion control measures identified in the SWP3 must be inspected to ensure that they are operating correctly. Locations where vehicles enter or exit the site must be inspected for evidence of off -site sediment tracking. Inspections must be conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of o.5 inches or greater. Where sites have been finally or temporarily stabilized or where runoff is unlikely due to winter conditions (e.g. site is covered with snow, ice, or frozen ground exists), inspections must be conducted at least once every month. In arid, semi -arid, or drought -stricken areas, inspections must be conducted at least once every month and within 24 hours after the end of a storm event of o.5 inches or greater. The SWP3 must also contain a record of the total rainfall measured, as well as the approximate beginning and ending dates of winter or drought conditions resulting in monthly frequency of inspections. As an alternative to the above -described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of o.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed then the inspection must occur regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule may be changed a maximum of one time each month, the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3 (e.g., end of "dry" season and beginning of `wet" season). Utility line installation, pipeline construction, and other examples of long, narrow, linear construction activities may provide inspection personnel with limited access to the areas described in Part III.F.7.(a) above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be inspected at least once every 14 calendar days and within 24 hours of the end of a storm event of o 5 inches or greater, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for o 25 mile above and below each access point where a roadway undisturbed right-of-way, or other similar feature intersects the construction site and allows access to the areas described in Part III.F.7.(a) (b) Page 32 Construction General Permit TPDES General Permit TXRi50000 above. The conditions of the controls along each inspected o.25 mile portion may be considered as representative of the condition of controls along that reach extending from the end of the o.25 mile portion to either the end of the next o 25 mile inspected portion or to the end of the project, whichever occurs first. As an alternative to the above -described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of o.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed, the inspection must occur regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule may be changed a maximum of one time each month, the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3 (e.g , end of "dry" season and beginning of "wet" season). (c) In the event of flooding or other uncontrollable situations which prohibit access to the inspection sites, inspections must be conducted as soon as access is practicable. (d) The SWP3 must be modified based on the results of inspections, as necessary to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven (7) calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary, an implementation schedule must be described in the SWP3 and wherever possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable, these changes must be implemented as soon as practicable. (e) A report summarizing the scope of the inspection, the date(s) of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained as part of the SWP3. Major observations should include: The locations of discharges of sediment or other pollutants from the site; locations of BMPs that need to be maintained; locations of BMPs that failed to operate as designed or proved inadequate for a particular location; and locations where additional BMPs are needed. Actions taken as a result of inspections must be described within, and retained as a part of, the SWP3. Reports must identify any incidents of non-compliance. Where a report does not identify any incidents of non-compliance, the report must contain a certification that the facility or site is in compliance with the SWP3 and this permit. The report must be signed by the person and in the manner required by 3o TAC §305 128 (relating to Signatories to Reports). The names and qualifications of personnel malting the inspections for the permittee may be documented once in the SWP3 rather than being included in each report. 8. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-stormwater components of the discharge, as listed in Part II.A.3. of this permit. 9. The SWP3 must include the information required in Part III.B. of this general permit. io. The SWP3 must include pollution prevention procedures that comply with Part III.G.4 of this general permit. Page 33 Construction General Permit TPDES General Permit TXR150000 Section G. Erosion and Sediment Control Requirements Applicable to All Sites Except as provided in 40 CFR §§125.30-125.32, any discharge regulated under this general permit, with the exception of sites that obtained waivers based on low rainfall erosivity, must achieve, at a minimum, the following effluent limitations representing the degree of effluent reduction attainable by application of the best practicable control technology currently available (BPT). 1. Erosion and sediment controls. Design, install, and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. At a minimum, such controls must be designed, installed, and maintained to: (a) Control stormwater volume and velocity within the site to minimize soil erosion; (b) If any stormwater flow will be channehzed at the site, stormwater controls must be designed to control both peak flowrates and total stormwater volume to minimize erosion at outlets and to minimize downstream channel and streambank erosion; (c) Minimize the amount of soil exposed during construction activity; (d) Minimize the disturbance of steep slopes; (e) Minimize sediment discharges from the site. The design, installation, and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site; (f) If earth disturbance activities are located in close proximity to a surface water, provide and maintain appropriate natural buffers if feasible and as necessary, around surface waters, depending on site -specific topography, sensitivity, and proximity to water bodies Direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration. If providing buffers is infeasible, the permittee shall document the reason that natural buffers are not feasible and shall implement additional erosion and sediment controls to reduce sediment load (g) Preserve native topsoil at the site, unless infeasible; and (h) Minimize soil compaction in post -construction pervious areas. In areas of the construction site where final vegetative stabilization will occur or where infiltration practices will be installed, either: (1) restrict vehicle and equipment use to avoid soil compaction; or (2) prior to seeding or planting areas of exposed soil that have been compacted, use techniques that condition the soils to support vegetative growth, if necessary and feasible; (i) TCEQ does not consider stormwater control features (e.g., stormwater conveyance channels, storm drain inlets, sediment basins) to constitute "surface waters" for the purposes of triggering the buffer requirement in Part III.G.(f) above. 2. Soil stabilization. Stabilization of disturbed areas must at a minimum, be initiated immediately whenever any clearing, grading, excavating, or other earth disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. In the context of this requirement, "immediately' means as soon as practicable, but no later than the end of the next work day, following the day when the earth - disturbing activities have temporarily or permanently ceased. Temporary Page 34 Construction General Permit TPDES General Permit TXRi50000 stabilization must be completed no more than 14 calendar days after initiation of soil stabilization measures, and final stabilization must be achieved prior to termination of permit coverage. In arid, semi -arid, and drought -stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative non - vegetative stabilization measures must be employed as soon as practicable. Refer to Part III.F.2.(b) for complete erosion control and stabilization practice requirements. 3. Dewatering. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited, unless managed by appropriate controls. 4. Pollution prevention measures. Design, install, implement, and maintain effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed installed, implemented, and maintained to: (a) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; (b) Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater; and (c) Minimize the discharge of pollutants from spills and leaks, and implement chemical spill and leak prevention and response procedures. 5. Prohibited discharges. The following discharges are prohibited: (a) Wastewater from wash out of concrete trucks, unless managed by an appropriate control (see Part V of the general permit); (b) Wastewater from wash out and cleanout of stucco, paint, form release oils, curing compounds and other construction materials; (c) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and (d) Soaps or solvents used in vehicle and equipment washing. 6. Surface outlets. When discharging from basins and impoundments, utilize outlet structures that withdraw water from the surface, unless infeasible. Part IV. Stormwater Runoff from Concrete Batch Plants Discharges of stormwater runoff from concrete batch plants at regulated construction sites may be authorized under the provisions of this general permit provided that the following requirements are met for concrete batch plant(s) authorized under this permit. If discharges of stormwater runoff from concrete batch plants are not covered under this general permit, then discharges must be authorized under an alternative general permit or individual permit. This permit does not authorize the discharge or land disposal of any wastewater from concrete batch plants at regulated construction sites. Authorization for these wastes must be obtained under an individual permit or an alternative general permit. Section A. Benchmark Sampling Requirements 1. Operators of concrete batch plants authorized under this general permit shall sample the stormwater runoff from the concrete batch plants according to the requirements Page 35 Construction General Permit TPDES General Permit TXR150000 of this section of this general permit, and must conduct evaluations on the effectiveness of the SWP3 based on the following benchmark monitoring values: Table i. Benchmark Parameters Type Sample Value Sampling Benchmark Benchmark Frequency Parameter (*1) (*2) Grab (*3) Oil and Grease 15 mg/L 1/quarter (*1) (*2) Grab (*3) Total Solids Suspended ioo mg/L 1/quarter pH 6.o Units — 9.o Standard 1/quarter (*1) (*2) Grab (*3) (*2) Grab (*3) Total Iron 1.3 mg/L 1/quarter (*i) (*1) When discharge occurs. Sampling is required within the first 3o minutes of discharge. If it is not practicable to take the sample, or to complete the sampling, within the first 30 minutes, sampling must be completed within the first hour of discharge. If sampling is not completed within the first 3o minutes of discharge, the reason must be documented and attached to all required reports and records of the sampling activity. (*2) Sampling must be conducted at least once during each of the following periods The first sample must be collected during the first full quarter that a stormwater discharge occurs from a concrete batch plant authorized under this general permit. January through March April through June July through September October through December For projects lasting less than one full quarter a minimum of one sample shall be collected, provided that a stormwater discharge occurred at least once following submission of the NOI or following the date that automatic authorization was obtained under Section II.E 2., and prior to terminating coverage. (*3) A grab sample shall be collected from the stormwater discharge resulting from a storm event that is at least o.1 inches of measured precipitation that occurs at least 72 hours from the previously measurable storm event. The sample shall be collected downstream of the concrete batch plant, and where the discharge exits any BMPs utilized to handle the runoff from the batch plant prior to commingling with any other water authorized under this general permit. 2. The permittee must compare the results of sample analyses to the benchmark values above, and must include this comparison in the overall assessment of the SWP3's effectiveness. Analytical results that exceed a benchmark value are not a violation of this permit, as these values are not numeric effluent limitations. Results of analyses are indicators that modifications of the SWP3 should be assessed and maybe necessary to protect water quality. The operator must investigate the cause for each exceedance and must document the results of this investigation in the SWP3 by the end of the quarter following the sampling event. Page 36 Construction General Permit TPDES General Permit TXRi50000 The operator's investigation must identify the following: (a) any additional potential sources of pollution, such as spills that might have occurred, (b) necessary revisions to good housekeeping measures that are part of the SWP3, (c) additional BMPs, including a schedule to install or implement the BMPs, and (d) other parts of the SWP3 that may require revisions in order to meet the goal of the benchmark values. Background concentrations of specific pollutants may also be considered during the investigation. If the operator is able to relate the cause of the exceedance to background concentrations, then subsequent exceedances of benchmark values for that pollutant may be resolved by referencing earlier findings in the SWP3. Background concentrations may be identified by laboratory analyses of samples of stormwater runon to the permitted facility, by laboratory analyses of samples of stormwater run-off from adjacent non -industrial areas, or by identifying the pollutant is a naturally occurring material in soils at the site. Section B. Best Management Practices (BMPs) and SWP3 Requirements Minimum SWP3 Requirements — The following are required in addition to other SWP3 requirements listed in this general permit (including, but not limited to Part III.F.7. of this permit): 1. Description of Potential Pollutant Sources - The SWP3 must provide a description of potential sources (activities and materials) that may reasonably be expected to affect the quality of stormwater discharges associated with concrete batch plants authorized under this permit. The SWP3 must describe practices that that will be used to reduce the pollutants in these discharges to assure compliance with this general permit, including the protection of water quality, and must ensure the implementation of these practices. The following must be developed, at a minimum, in support of developing this description: (a) Drainage — The site map must include the following information: (i) the location of all outfalls for stormwater discharges associated with concrete batch plants that are authorized under this permit; (2) a depiction of the drainage area and the direction of flow to the outfall(s); (3) structural controls used within the drainage area(s); (4) the locations of the following areas associated with concrete batch plants that are exposed to precipitation: vehicle and equipment maintenance activities (including fueling, repair, and storage areas for vehicles and equipment scheduled for maintenance); areas used for the treatment storage, or disposal of wastes; liquid storage tanks; material processing and storage areas; and loading and unloading areas; and the locations of the following: any bag house or other dust control device(s) recycle/sedimentation pond clarifier or other device used for the treatment of facility wastewater (including the areas that drain to the treatment device) areas with significant materials; and areas where major spills or leaks have occurred. Inventory of Exposed Materials — A list of materials handled at the concrete batch plant that may be exposed to stormwater and that have a potential to (5) (b) Page 37 Construction General Permit TPDES General Permit TXR15oo00 affect the quality of stormwater discharges associated with concrete batch plants that are authorized under this general permit. (c) Spills and Leaks - A list of significant spills and leaks of toxic or hazardous pollutants that occurred in areas exposed to stormwater and that drain to stormwater outfalls associated with concrete batch plants authorized under this general permit must be developed maintained, and updated as needed. (d) Sampling Data - A summary of existing stormwater discharge sampling data must be maintained, if available. 2. Measures and Controls - The SWP3 must include a description of management controls to regulate pollutants identified in the SWP3's "Description of Potential Pollutant Sources' from Part IV.B.x.(a) of this permit, and a schedule for implementation of the measures and controls. This must include at a minimum. (a) Good Housekeeping - Good housekeeping measures must be developed and implemented in the area(s) associated with concrete batch plants. (1) Operators must prevent or minimize the discharge of spilled cement, aggregate (including sand or gravel), settled dust, or other significant materials from paved portions of the site that are exposed to stormwater. Measures used to minimize the presence of these materials may include regular sweeping or other equivalent practices. These practices must be conducted at a frequency that is determined based on consideration of the amount of industrial activity occurring in the area and frequency of precipitation, and shall occur at least once per week when cement or aggregate is being handled or otherwise processed in the area. (2) Operators must prevent the exposure of fine granular solids, such as cement, to stormwater. Where practicable, these materials must be stored in enclosed silos, hoppers or buildings, in covered areas, or under covering. (b) Spill Prevention and Response Procedures - Areas where potential spills that can contribute pollutants to stormwater runoff, and the drainage areas from these locations must be identified in the SWP3. Where appropriate, the SWP3 must specify material handling procedures, storage requirements, and use of equipment. Procedures for cleaning up spills must be identified in the SWP3 and made available to the appropriate personnel. Inspections - Qualified facility personnel (Le., a person or persons with knowledge of this general permit, the concrete batch plant, and the SWP3 related to the concrete batch plant(s) for the site) must be identified to inspect designated equipment and areas of the facility specified in the SWP3 The inspection frequency must be specified in the SWP3 based upon a consideration of the level of concrete production at the facility, but must be a minimum of once per month while the facility is in operation. The inspection must take place while the facility is in operation and must, at a minimum include all areas that are exposed to stormwater at the site, including material handling areas, above ground storage tanks, hoppers or silos, dust collection/containment systems, truck wash down and equipment cleaning areas. Follow-up procedures must be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections must be maintained and be made readily available for inspection upon request. (d) Employee Training - An employee training program must be developed to educate personnel responsible for implementing any component of the SWP3, or personnel otherwise responsible for stormwater pollution prevention, with the provisions of the SWP3. The frequency of training must be documented in (c) Page 38 Construction General Permit TPDES General Permit TXRi50000 the SWP3, and at a minimum, must consist of one training prior to the initiation of operation of the concrete batch plant. (e) Record Keeping and Internal Reporting Procedures - A description of spills and similar incidents, plus additional information that is obtained regarding the quality and quantity of stormwater discharges must be included in the SWP3. Inspection and maintenance activities must be documented and records of those inspection and maintenance activities must be incorporated in the SWP3. (f) Management of Runoff - The SWP3 shall contain a narrative consideration for reducing the volume of runoff from concrete batch plants by diverting runoff or otherwise managing runoff, including use of infiltration detention ponds, retention ponds or reusing of runoff. 3. Comprehensive Compliance Evaluation — At least once per year, one or more qualified personnel (i.e., a person or persons with knowledge of this general permit, the concrete batch plant, and the SWP3 related to the concrete batch plant(s) for the site) shall conduct a compliance evaluation of the plant. The evaluation must include the following. (a) Visual examination of all areas draining stormwater associated with regulated concrete batch plants for evidence of, or the potential for, pollutants entering the drainage system. These include but are not limited to: cleaning areas, material handling areas, above ground storage tanks, hoppers or silos dust collection/containment systems, and truck wash down and equipment cleaning areas. Measures implemented to reduce pollutants in runoff (including structural controls and implementation of management practices) must be evaluated to determine if they are effective and if they are implemented in accordance with the terms of this permit and with the permittee's SWP3. The operator shall conduct a visual inspection of equipment needed to implement the SWP3, such as spill response equipment. Based on the results of the evaluation, the following must be revised as appropriate within two weeks of the evaluation: the description of potential pollutant sources identified in the SWP3 (as required in Part IV.B.i., `Description of Potential Pollutant Sources' ); and pollution prevention measures and controls identified in the SWP3 (as required in Part IV.B.2., "Measures and Controls' ). The revisions may include a schedule for implementing the necessary changes. (c) The permittee shall prepare and include in the SWP3 a report summarizing the scope of the evaluation, the personnel making the evaluation the date(s) of the evaluation, major observations relating to the implementation of the SWP3, and actions taken in response to the findings of the evaluation. The report must identify any incidents of noncompliance. Where the report does not identify incidences of noncompliance, the report must contain a statement that the evaluation did not identify any incidence(s), and the report must be signed according to 3o TAC §305.128, relating to Signatories to Reports (d) The Comprehensive Compliance Evaluation may substitute for one of the required inspections delineated in Part IV.B.2.(c) of this general permit. Section C. Prohibition of Wastewater Discharges Wastewater discharges associated with concrete production including wastewater disposal by land application are not authorized under this general permit These wastewater discharges must be authorized under an alternative TCEQ water quality permit or otherwise disposed of in an authorized manner. Discharges of concrete truck wash out at construction sites may be authorized if conducted in accordance with the requirements of Part V of this general permit. (b) Page 39 Construction General Permit TPDES General Permit TXR150000 Part V. Concrete Truck Wash Out Requirements This general permit authorizes the wash out of concrete trucks at construction sites regulated under Sections II.E.i., 2., and 3 of this general permit, provided the following requirements are met. Authorization is limited to the land disposal of wash out water from concrete trucks. Any other direct discharge of concrete production waste water must be authorized under a separate TCEQ general permit or individual permit. i. Direct discharge of concrete truck wash out water to surface water in the state, including discharge to storm sewers, is prohibited by this general permit. 2. Concrete truck wash out water shall be discharged to areas at the construction site where structural controls have been established to prevent direct discharge to surface waters, or to areas that have a minimal slope that allow infiltration and filtering of wash out water to prevent direct discharge to surface waters. Structural controls may consist of temporary berms, temporary shallow pits, temporary storage tanks with slow rate release, or other reasonable measures to prevent runoff from the construction site. 3. Wash out of concrete trucks during rainfall events shall be minimized. The direct discharge of concrete truck wash out water is prohibited at all times, and the operator shall insure that its BMPs are sufficient to prevent the discharge of concrete truck wash out as the result of rainfall or stormwater runoff. 4. The discharge of wash out water must not cause or contribute to groundwater contamination. 5. If a SWP3 is required to be implemented, the SWP3 shall include concrete wash out areas on the associated site map. Part VI. Retention of Records The permittee must retain the following records for a minimum period of three (3) years from the date that a NOT is submitted as required by Part II.E.3 For activities in which an NOT is not required, records shall be retained for a minimum period of three (3) years from the date that the operator terminates coverage under Section II:F.3. of this permit. Records include: i. A copy of the SWP3; 2. All reports and actions required by this permit, including a copy of the construction site notice; 3. All data used to complete the NOI, if an NOI is required for coverage under this general permit; and 4. All records of submittal of forms submitted to the operator of any MS4 receiving the discharge and to the secondary operator of a large construction site if applicable Part VII. Standard Permit Conditions i. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the permit and statutes under which it was issued, and is grounds for enforcement action, for terminating, revoking, or denying coverage under this general permit, or for requiring a discharger to apply for and obtain an individual TPDES permit. 2. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee must furnish to the executive director, upon request and within a reasonable time, any information necessary for the executive director to determine whether cause exists for revoking, suspending, or Page 4o Construction General Permit TPDES General Permit TXR150000 terminating authorization under this permit. Additionally the permittee must provide to the executive director, upon request, copies of all records that the permittee is required to maintain as a condition of this general permit. 3. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the permit conditions. 4. Inspection and entry shall be allowed under TWC Chapters 26-28 Texas Health and Safety Code §§361032-361.033 and 361.037, and 4o CFR §122.41(i). The statement in TWC §26.014 that commission entry of a facility shall occur according to an establishment's rules and regulations concerning safety internal security and fire protection is not grounds for denial or restriction of entry to any part of the facility or site but merely describes the commission s duty to observe appropriate rules and regulations during an inspection. 5. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under TWC Chapter 7 for violations including but not limited to the following: (a) negligently or knowingly violating the federal CWA §§301, 302, 306, 307, 308, 318 or 405, or any condition or hmitation implementing any sections in a permit issued under CWA §402, or any requirement imposed in a pretreatment program approved under CWA §§4o2(a)(3) or 402(b)(8); knowingly making any false statement, representation, or certification in any record or other document submitted or required to be maintained under a permit, including monitoring reports or reports of compliance or noncompliance; and (c) knowingly violating §303 of the federal CWA, and placing another person in imminent danger of death or serious bodily injury. 6. All reports and other information requested by the executive director must be signed by the person and in the manner required by 3o TAC §305.128 (relating to Signatories to Reports). 7. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. 8. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 9. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 10. The permittee shall comply with the reporting requirements in 4o CFR §122.41(1), as applicable. (b) 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. Construction General Permit TPDES General Permit TXR150000 Appendix A: Automatic Authorization Periods of Low Erosion Potential by County — Eligible Date Ranges Andrews. Nov. 15 - Apr. 30 Archer: Dec. 15 - Feb.14 Armstrong: Nov. 15 - Apr. 30 Bailey: Nov. 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 - May14 Coke: Dec. 15 - Feb. 14 Coleman: Dec. 15 - Feb.14 Collingsworth: Jan. Mar 30, or Dec.1- Feb. 28 Concho: Dec. 15 - Feb. 14 Cottle: Dec. 15 - Feb. 14 Crane* Nov. 15 - Apr. 30 Crockett: Nov. 15 - Jan. 14, or Feb. Mar. 30 Crosby: Nov.15 - Apr. 30 Culberson. Nov. May 14 Dallam. Nov. 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. Mar. 30 Dimmit: Dec.15 - Feb. 14 Donley: Jan. Mar. 30, or Dec. 1- Feb. 28 Eastland: Dec.15 - Feb. 14 Ector: Nov. 15 - Apr. 30 Edwards* Dec. 15 - Feb.14 El Paso: Jan.1- Jul. 14, or May 15 - Jul. 31, or Jun 1- Aug. 14 or Jun. 15 - Sept 14, or Jul. 1- Oct. 14 or Jul. 15 - Oct. 31, or Aug.].- Apr. 30, or Aug. 15 - May 14, or Sept. May 30, or Oct. Jun.14 or Nov. Jun. 30, or Nov 15 - Jul. 14 Fisher: 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. Mar. 30 Hansford: Nov.15 - Apr. 30 Hardeman: Dec. 15 - Feb. 14 Hartley: Nov.15 - Apr. 30 Haskell: Dec. 15 - Feb. 14 Hocldey: Nov. Apr.14, or Nov.15 - Apr. 30 Howard* Nov. 15- Apr. 30 Hudspeth Nov. May 14 Hutchinson Nov. 15 - Apr. 30 Irion Dec.15 - Feb.14 Jeff Davis: Nov. 1 - Apr. 30 or Nov. 15 May 14 Jones: Dec. 15- Feb.14 Kent: Nov. 15 - Jan. 14 or Feb. 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. I. Apr.14, or Nov. 15 - Apr. 30 Page 43 Construction General Permit TPDES General Permit TXR150000 Loving: Nov.1- 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. is - Apr. 30 Mitchell: Nov. is - Apr. 30 Moore: Nov. 15 - Apr. 30 Motley: Nov. 15 - Jan. 14, or Feb. 1- Mar. 30 Nolan: Dec. 15 - Feb.14 Oldham Nov. is - Apr. 30 Parmer: Nov. Apr. 14, or Nov. 15 - Apr. 30 Pecos: Nov. - Apr. 30 Potter: Nov. 15 - Apr. 30 Presidio: Nov. Apr. 30, or Nov. 15 - May 14 Randall: Nov. is - Apr. 30 Reagan: Nov. 15 - Apr. 30 Real• Dec. 15 - Feb. 14 Reeves: Nov.1- Apr. 30, or Nov. 15 - May 14 Runnels: Dec.15 - Feb. 14 Schleicher: Dec. 15 - Feb. 14 Scurry: Nov. 15 - Apr. 30 Shackelford: Dec.15 - Feb. 14 Sherman: Nov. - Apr. 30 Stephens: Dec. 15 - Feb. 14 Sterling: Nov. 15 - Apr. 30 Stonewall: Dec. 15 - Feb.14 Sutton: Dec. 15 - Feb.14 Swisher: Nov. - Apr. 30 Taylor: Dec.15 - Feb.14 Terrell: Nov. 15 - Apr. 30 Terry Nov. is - 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. Mar 3o 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 Yoakum: Nov. Apr. 30, or Nov. 15 May 14 Young Dec.15 - Feb. 14 Wheeler Jan. Mar. 30, or Dec. Wm. Feb. 28 Zavala: Dec. 15 - Feb. 14 Page 44 Construction General Permit plf s r Lass, If i• te+ TPDES General Permit TXR150o00 Appendix B: Erosivity Index (EI) Zones in Texas 1. e it a• al • a • rt n r ..1 a i ••1 a • ' f : _ r- i• I • 72 fi F • r: • • .•!Iin ; a. e 3 3 r 1 1 I•1 I J q It'. I, '• a.- . a i 1 • !• 1a. I 1 • •• • .' 1i I •• ••� .'1 I •;;•• • _•aa;!•i • e • a I .. 1. • • ._• • I r r • 4+.. ya E-+ eI r /� 1. 1 or 1 r. p • +y•a•-,■a.r • r r e •a r r r a e. •r rr ••tt QLr 'r.Sr•• to I'ta 9J I' a + 9. • I .i 7 • a . '.l 1Jatti Jrrp 1.7 ii. E'i_ap'd Lyn i7era. pi 41 �d akp•i R..ti in iJtS." at.t . aa: ial. a'an a a li - ' •iaA � 1110111111 MI i A ' ^ as i fi Jim . erraacJ:.. a.a. aFa.' OF rr� m : s maWs A ^ f. w e alOr'fs•1 t ire ® mar • _'• vier r --i 'rr Milli a'MIN wat NM JOE OM MU Mimi Pow emir Ant NM MSS .y: a .{r} •r S aaa. JY• raga m •SiG tit' f. Jai ai as a..m a sr owe- sa r g tea. sin Am; Sr 11ar I • •. • e 1.' • 11 'Y '1 .1 tt • rff t pv. W no IP •F 4 i ir • dB* O'� R 'E• 4: k f .n # i•eII dia MIk q Re :! di tip IS al. rl. Adapted from Chapter 2 of USDA Agriculture Handbook 703: `Predicting Soil Erosion by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE)," US. Department of Agriculture, Agricultural Research Service Page 45 Construction General Permit i4 20 TPDES General Permit TXRi50000 Appendix C: Isoerodent Map w wil ri . wiziesilliside01 rivallitinarillikatiogarimargor firganirj*mg Kara 1�dn._ na WilitaliPaillitararn iiarprAllinraishitjelitur trifillf4111471filara ItAlfaitilititallasitilseet titpitittlidan ford *WA billetrult ellerimirracirelltiR Ali ill tanetivricatteritarittiVE mit arlithif IN a IA Ipii fitter: 011. I alb eirisler il fit 11111 MI II 111111 III ill nil via 1.1 MS Prottarall k lfintitr iL Mt11?_ �Pits , ''' ' m *iv : Linty ink‘kaltYkratili 41.r 'fit itillbmp ntri ,.,auk , . firma inrti re amaigirPaok 'pi tt Oat so it ilk WM II gitali d01" AnPa otelivilir 141 411,111 Iftillbt, r Irillr reifibriaganogrteirrkV-ive ^5 1 7,_ Adapted from Chapter 2 of USDA Agriculture Handbook 703: `Predicting Soil Erosion by Water: A Guide to Conservation Planning With the Revised Untuersal Soil Loss Equation (RUSLE)," U.S. Department of Agriculture, Agricultural Research Service Page 46 EI # 89 90 91 92 93 94 95 96 97 106 Construction General Permit TPDES General Permit TXR150000 Appendix D: Erosivity Indices for EX Zones in Texas Periods: 1/1 1/16 1/31 2/15 3/1 3/16 3/31 4/15 4/30 5/15 5/30 6/14 6/29 7/14 7/29 8/13 8/28 9/12 9/27 10/12 10/2711/11 11/26 12/31 12/11 0 1 1 2 3 4 7 2 8 27 38 48 55 62 69 76 83 90 94 97 98 99 100 100 zoo o 1 2 3 4 6 8 13 21 29 37 46 54 6o 65 69 74 81 87 92 95 97 98 99 100 0 0 0 0 1 1 1 2 6 16 29 39 46 53 6o 67 74 81 88 95 99 99 zoo zoo 100 0 0 0 0 1 1 1 2 6 16 29 39 46 53 60 67 74 81 88 95 99 99 100 100 100 o 1 1 2 3 4 6 8 13 25 40 49 56 62 67 72 76 8o 85 91 97 98 99 99 100 o 1 2 4 6 8 10 15 21 29 38 47 53 57 61 65 7o 76 83 88 91 94 96 98 100 o 1 3 5 7 9 11 14 18 27 35 41 46 51 57 62 68 73 79 84 89 93 96 98 100 o 2 4 6 9 12 17 23 30 37 43 49 54 58 62 66 70 74 78 82 86 90 94 97 100 o 1 3 5 7 10 14 20 28 37 48 56 61 64 68 72 77 81 86 89 92 95 98 99 100 o 3 6 9 13 17 21 27 33 38 44 49 55 61 67 71 75 78 81 84 86 90 94 97 zoo Each period begins on the date listed in the table above and lasts until the day before the following period. The final period begins on December 11 and ends on December 31. Table adapted from Chapter 2 of USDA Agriculture Handbook 703: `Predicting Soil Erosion by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE)," U S. Department of Agriculture, Agricultural Research Service Page 47 TCEQ Office Use Only Permit No.: RN: CN: Region: atega TCEQ Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity under TPDES General Permit (TXR150000) IMPORTANT: • Use the INSTRUCTIONS to fill out each question in this form. • Use the CHECKLIST to make certain all you filled out all required information. Incomplete applications WILL delay approval or result in automatic denial. • Once processed your permit can be viewed at: http://www2.tceq.texas.gov/wq dpa/index.cfm ePERMITS: Sign up now for online NOI: https://www3.tceq.texas.gov/steers/index.cfm Pay a $225 reduced application fee by using ePermits. APPLICATION FEE: • You must pay the $325 Application Fee to TCEQ for the paper application to be complete. • Payment and NOI must be mailed to separate addresses. • Did you know you can pay on line? • Go to https.//wwwt.tceq.texas.gov/epay/index.cfm • Select Fee Type. GENERAL PERMIT CONSTRUCTION STORM WATER DISCHARGE NOI APPLICATION • Provide your payment information below, for verification of payment: Mailed Check/Money Order No.: Name Printed on Check: EPAY Voucher No.: Is the Payment Voucher copy attached? ■ Yes RENEWAL: Is this NOI a Renewal of an existing General Permit Authorization? (Note: A permit cannot be renewed after June 3, 2013.) ■ Yes The Permit number is: TXR15 (If a permit number is not provided, a new number will be assigned.) ❑ No a) If the applicant is currently a customer with TCEQ, what is the Customer Number (CN) issued to this entity? You may search for your CN at: http: //wwwl2.tceq.texas.gov/crpub/mdex.cfm?fuseaction=cust.CustS earch CN TCEQ 20022 (03/05/2013) Page i b) What is the Legal Name of the entity (applicant) applying for this permit? (The legal name must be spelled exactly as filed with the Texas Secretary of State, County, or in the legal document forming the entity.) c) What is the name and title of the person signing the application? The person must be an executive official meeting signatory requirements in TAC 305.44(a)• Prefix (Mr. Ms. Miss) First/Last Name. Suffix: Title: Credential: d) What is the Operator Contact s (Responsible Authority) contact information and mailing address as recognized by the US Postal Service (USPS)? You may verify the address at: http.//zip4.usps.com/zip4/welcome.jsp Phone # • ext: Fax # : E-mail: Mailing Address: Internal Routing (Mail Code, Etc ): City: State: ZIP Code: If outside USA: Territory: Country Code: Postal Code: e) Indicate the type of Customer (The instructions will help determine your customer type): ❑ Individual ❑ Limited Partnership ❑ Sole Proprietorship-DBA ❑ General Partnership ■ Corporation ❑ Estate ■ Federal Government ❑ County Government ❑ City Government ■ Joint Venture ❑ Trust ❑ State Government Other Government ■ f) Independent Operator? ■ Yes LJ No (If governmental entity, subsidiary, or part of a larger corporation, check "No' ) g) Number of Employees: 0-20; ❑ 21-100; ❑101-250; ❑ 251-500; or ❑ 501 Or higher h) Customer Business Tax and Filing Numbers: (REQUIRED for Corporations and Limited Partnerships. Not Required for Individuals, Government, or Sole Proprietors) State Franchise Tax ID Number: Federal Tax ID: Texas Secretary of State Charter (filing) Number: DUNS Number (if known). 2) APPLICATION CONTACT If TCEQ needs additional information regarding this application, who should be contacted? Is the application contact the same as the applicant identified above? ❑ Yes, go to Section 3). ❑ No, complete section below. Prefix (Mr. Ms. Miss): First/Last Name: Suffix: Title: Credential: TCEQ 20022 (03/05/2013) Page 2 Organization Name. Phone No.: ext: Fax Number: E-mail Mailing Address: Internal Routing (Mail Code, Etc ): City State: Mailing Information if outside USA: Territory: Country Code: ZIP Code: Postal Code: 3) REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE If the site of your business is part of a larger business site or if other businesses were located at this site before yours, a Regulated Entity Number (RN) may already be assigned for the larger site. Use the RN assigned for the larger site Search TCEQ's Central Registry to see if the larger site may already be registered as a regulated site at• http: //wwwl2.tceq.texas.gov/crpub/index.cfnufuseaction=regent.RNSearch. If the site is found, provide the assigned Regulated Entity Reference Number and provide the information for the site to be authorized through this application below. The site information for this authorization may vary from the larger site information. a) TCEQ issued RE Reference Number (RN): RN b) Name of project or site (the name known by the community where located): c) In your own words, briefly describe the primary business of the Regulated Entity: (Do not repeat the SIC and NAICS code): d) County (or counties if > 1) e) Latitude: Longitude: f) Does the site have a physical address? Yes, complete Section A for a physical address. ❑ No, complete Section B for site location information. Section A. Enter the physical address for the site. Verify the address with USPS. If the address is not recognized as a delivery address, provide the address as identified for overnight mail delivery, 911 emergency or other online map tools to confirm an address. Physical Address of Project or Site: Street Number: Street Name. City: State: Texas ZIP Code: ■ TCEQ 20022 (03/05/2013) 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. (Ex.: located 2 miles west from intersection of Hwy 290 & IH35 accessible on Hwy 290 South) City where the site is located or, if not in a city, what is the nearest city: State: Texas ZIP Code where the site is located: 4) GENERAL CHARACTERISTICS a) Is the project/site located on Indian Country Lands? Yes - If the answer is Yes, you must obtain authorization through EPA, Region 6. ■ ❑ No b) Is your construction activity associated with a facility that, when completed, would be associated with the exploration, development, or production of oil or gas or geothermal resources? ❑ Yes - If the answer is Yes, you may be under jurisdiction of the Railroad Commission of Texas and may need to obtain authorization through EPA, Region 6. ❑ No c) What is the Primary Standard Industrial Classification (SIC) Code that best describes the construction activity being conducted at the site? Primary SIC Code: d) If applicable, what is the Secondary SIC Code(s): e) What is the total number of acres disturbed? f) Is the project site part of a larger common plan of development or sale? ❑ Yes - If the answer is Yes, the total number of acres disturbed can be less than 5 acres. No - If the answer is No, the total number of acres disturbed must be 5 or more. If the total number of acres disturbed is less than 5 then the project site does not qualify for coverage through this Notice of Intent. Coverage will be denied. See the requirements in the general permit for small construction sites. g) What is the name of the first water body(s) to receive the stormwater runoff or potential runoff from the site? ■ h) What is the segment number(s) of the classified water body(s) that the discharge will eventually reach? TCEQ 20022 (03/05/2013) Page 4 i) Is the discharge into an MS4? D Yes - If the answer is Yes, provide the name of the MS4 operator below. No J) If Yes, provide the name of the MS4 operator: Note: The general permit requires you to send a copy of the NOI to the MS4 operator. Are any of the surface water bodies receiving discharges from the construction site on the latest EPA -approved CWA 3o3(d) List of impaired waters? ❑ Yes - If the answer is Yes, provide the name(s) of the impaired water body(s) below. ❑ No If Yes, provide the name(s) of the impaired water body(s): k) Is the discharge or potential discharge within the Recharge Zone Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer as defined in 3o TAC Chapter 213? ❑ Yes - If the answer is Yes, complete certification below by checking "Yes." ❑ No I certify that a copy of the TCEQ approved Plan required by the Edwards Aquifer Rule (3o TAC Chapter 213) is either included or referenced in the Stormwater Pollution Prevention Plan. Yes ■ TCEQ 20022 (03/05/2013) Page 5 5) CERTIFICATION Check Yes to the certifications below. Failure to indicate Yes to ALL items may result in denial of coverage under the general permit. a) I certify that I have obtained a copy and understand the terms and conditions of the Construction General Permit (TXRi50000) ❑Yes b) I certify that the full legal name of the entity applying for this permit has been provided and is legally authorized to do business in Texas. ❑ Yes c) I understand that a Notice of Termination (NOT) must be submitted when this authorization is no longer needed. ❑Yes d) I certify that a Stormwater Pollution Prevention Plan has been developed, will be implemented prior to construction and to the best of my knowledge and belief is compliant with any applicable local sediment and erosion control plans as required in the general permit TXRi50000 Note For multiple operators who prepare a shared SWP3, the confirmation of an operator may be limited to its obligations under the SWP3 provided all obligations are confirmed by at least one operator. ❑ Yes Operator Certification: I Typed or printed name Title certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 3o Texas Administrative Code 305.44 to sign and submit this document, and can provide documentation in proof of such authorization upon request Signature: Date: (Use blue ink) TCEQ 20022 (03/05/2013) Page 6 NOTICE OF INTENT CHECKLIST (TXR150000) • Did you complete everything? Use this checklist to be sure! • Are you ready to mail your form to TCEQ? Go to the General Information Section of the Instructions for mailing addresses. This checklist is for use by the operator to ensure a complete application. Missing information may result in denial of coverage under the general permit. (See NOI process description in the Instructions) Application. Fee: If paying by Check: [1 Check was mailed separately to the TCEQs Cashier's Office. (See Instructions for Cashier's address and Application address.) E) Check number and name on check is provided in this application. 1 It using efay: is in this or a copy of the voucher attached. P 1 The voucher number is provided application PERMIT NUMBER if this is for renewal of an existing authorization. EJ Permit number provided — application OPERATOR INFORMATION- Confirm each item is complete by TCEQ Central Registry Customer Number (CN) issued fl do business in Texas (Call TX SOS 512/463-5555) El Legal name as filed to signing the application Name and title of responsible authority P1 Mailing address is complete & verifiable with USPS. www.usps.com fl a Phone numbers/e-mail address C] Type of operator (entity type) El Independent operator 0 Number of employees Tax ID SOS filing numbers in For corporations or limited partnerships — and and address is complete & verifiable with LISPS. http://www.usps.com ri Application contact item is OR SITE- Confirm each ENTITY INFORMATION ON PROJECT REGULATED (RE) complete: by TCEQ) Number (RN) (if site is already regulated ni Regulated Entity Reference El Site/project name/regulated entity f—1 Latitude and longitude http://www.tceq.texas.gov/gis/sqmaview.html El County [� Site/project physical address. Do not use a rural route or post office box. ED Business description GENERAL CHARACTERISTICS - Confirm each item is complete: n P1 n n n n Indian Country Lands the facility is not on Indian Country Lands Construction activity related to facility associated to oil gas, or geothermal resources Standard Industrial Classification (SIC) Code www osha.gov/oshstats/sicser.html Acres disturbed is provided and qualifies for coverage through a NOI Common plan of development or sale Receiving water body(s) Segment number(s) Impaired water body(s) MS4 operator Edwards Aquifer rule CERTIFICATION P1 Certification statements have been checked indicating "Yes" pi Signature meets 3o Texas Administrative Code (TAC) 305.44 and is original. TCEQ-2oo22 Checklist (03/05/2013) Page i Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity under TPDES General Permit (TXR150000) General Information and Instructions GENERAL INFORMATION Where to Send the Notice of Intent (NOI): BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Stormwater Processing Center (MC228) P.O Box 13o87 Austin, Texas 78711-3087 TCEQ Contact List: Application — status and form questions: Technical questions: Environmental Law Division: Records Management - obtain copies of forms: Reports from databases (as available): Cashier's office: BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Stormwater Processing Center (MC228) 12100 Park 35 Circle Austin TX 78753 512/239-3700, swpermit@tceq.texas.gov 512/239-4671, swgp@tceq.texas.gov 512/239-060o 512/239-0900 512/239-DATA (3282) 512/239-0357 or 512/2S9-0187 Notice of Intent Process: When your NOI is received by the program, the form will be processed as follows: 1) Administrative Review Each item on the form will be reviewed for a complete response. In addition, the operator's legal name must be verified with Texas Secretary of State as valid and active (if applicable). The address(s) on the form must be verified with the US Postal service as receiving regular mail delivery Never give an overnight/express mailing address. 2) Notice of Deficiency If an item is incomplete or not verifiable as indicated above, a notice of deficiency (NOD) will be mailed to the operator. The operator will have 3o days to respond to the NOD. The response will be reviewed for completeness. 3) Acknowledgment of Coverage: An Acknowledgment Certificate will be mailed to the operator. This certificate acknowledges coverage under the general permit. -or- Denial of Coverage: If the operator fails to respond to the NOD or the response is inadequate coverage under the general permit may be denied. If coverage is denied, the operator will be notified. General Permit (Your Permit) For NOIs submitted electronically through ePermits, provisional coverage under the general permit begins immediately following confirmation of receipt of the NOI form by the TCEQ For paper NOIs, provisional coverage under the general permit begins 7 days after a completed NOI is postmarked for delivery to the TCEQ TCEQ-20022 Instructions (03/05/2o13) Page You should have a copy of your general permit when submitting your application. You may view and print your permit for which you are seeking coverage, on the TCEQ web site httn: //www.tcec .texas.gov. Search using key word TXR150000. General Permit Forms The Notice of Intent (NOI), Notice of Termination (NOT), and Notice of Change (NOC) (including instructions) are available in Adobe Acrobat PDF format on the TCEQ web site http://www.tceq.texas.gov. Change in Operator An authorization under the general permit is not transferable. If the operator of the regulated entity changes, the present permittee must submit a Notice of Termination and the new opeiator must submit a Notice of Intent. The NOT and NOI must be submitted no later than io days prior to the change in Operator status TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a Core Data Form to TCEQ After final acknowledgment of coverage under the general permit, the program will assign a Customer Number and Regulated Entity Number. You can find the information on the Central Registry web site at http://wwwl2.tceq texas gov/crpub/index.cfm. You can search by the Regulated Entity (RN), Customer Number (CN) or Name (Permittee) or by your permit number under the search field labeled "Additional ID' Capitalize all letters in the permit number. The Customer (Permittee) is responsible for providing consistent information to the TCEQ, and for updating all CN and RN data for all authorizations as changes occur. For General Permits, a Notice of Change form must be submitted to the program area. Fees associated with a General Permit Payment of the fee may be made by check or money order, payable to TCEQ, or through EPAY (electronic payment through the web). Application Fee This fee is required to be paid at the time the NOI is submitted. Failure to submit payment at the time the application is filed will cause delays in acknowledgment or denial of coverage under the general permit. Mailed Payments: Payment must be mailed under separate cover at one of the addresses below using the attached Application Fee submittal form. (DO NOT SEND A COPY OF THE NOI WITH THE APPLICATION FEE SUBMITTAL FORM) BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Financial Administration Division Cashier's Office, MC-214 P.O Box 13o88 Austin, TX 78711-3088 BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Financial Administration Division Cashier's Office, MC-214 12100 Park 35 Circle Austin TX 78753 TCEQ-20022 Instructions (03/05/2o13) Page 2 ePAY Electronic Payment: http://www.tceq.texas.gov/epay When making the payment you must select Water Quality, and then select the fee category "General Permit Construction Storm Water Discharge NOI Application". You must include a copy of the payment voucher with your NOI. Your NOI will not be considered complete without the payment voucher. Renewal of General Permit. Dischargers holding active authorizations under the expired General Permit are required to submit a NOI to continue coverage. The existing permit number is required. If the permit number is not provided or has been terminated, expired, or denied a new permit number will be issued. 1. Operator (Applicant) a) Enter assigned Customer Number (CN) TCEQ's Central Registry will assign each customer a number that begins with CN, followed by nine digits. This is not a permit number, registration number, or license number. If this customer has not been assigned a CN leave the space for the CN blank. If this customer has already been assigned this number enter the permittee s CN. b) Legal Name Provide the current legal name of the permittee, as authorized to do business in Texas. The name must be provided exactly as filed with the Texas Secretary of State (SOS), or on other legal documents forming the entity, that is filed in the county where doing business You may contact the SOS at 512/463-5555, for more information related to filing in Texas. If filed in the county where doing business, provide a copy of the legal documents showing the legal name c) Person Signing Application Provide information about person signing section 5) Certification. d) Operator Contact's (Responsible Authority) Contact Information and Mailing Address Provide a complete mailing address for receiving mail from the TCEQ The address must be verifiable with the US Postal Service at htlp://www.usps.com for regular mail delivery (not overnight express mail). If you find that the address is not verifiable using the USPS web search, please indicate the address is used by the USPS for regular mail delivery. The area code and phone number should provide contact to the operator. Leave Extension blank if not applicable. The fax number and e-mail address are optional and should correspond to the operator. e) Type of Customer (Entity Type) Check only one box that identifies the type of entity. Use the descriptions below to identify the appropriate entity type. Note that the selected entity type also indicates the name that must be provided as an applicant for a permit, registration or authorization. TCEQ-20022 Instructions (03/05/2013) Page 3 Sole Proprietorship — DBA A sole proprietorship is a customer that is owned by only one person and has not been incorporated. This business may: • be under the person's name • have its own name (doing business as or d.b.a.) • have any number of employees If the customer is a Sole Proprietorship or DBA, the `legal name' of the individual business owner' must be provided. The DBA name is not recognized as the `legal name' of the entity. The DBA name may be used for the site name (regulated entity). Individual An individual is a customer who has not established a business, but conducts an activity that needs to be regulated by the TCEQ Partnership • A customer that is established as a partnership as defined by the Texas Secretary of State Office (TX SOS) A Limited Partnership or Limited Liability Partnership (Partnership) is required to file with the Texas Secretary of State A General Partnership or Joint Venture is not required to register with the state. • Partnership (Limited Partnership or Lmuted Liability Partnership): A limited partnership is defined in the Act as a partnership formed by two or more persons under the provisions of Section 3 of the Uniform Limited Partnership Act (Art 6132a, Revised Civil Statutes of Texas) and having as members one or more general partners and one or more limited partners The limited partners as such are not bound by the obligations of the partnership. Limited partners may not take part in the day-to-day operations of the business. A Limited Partnership must file with the Texas Secretary of State. A registered limited liability partnership is a general or limited partnership that is registered with the Texas Secretary of State The partnership's name must contain the words ' Registered Limited Liability Partnership" or the abbreviation "L.L.P ' as the last words or letters of its name. • General Partnership: A general partner may or may not invest, participates in running the partnership and is liable for all acts and debts of the partnership and any member of it A General Partnership does not have limited partners. For a General Partnership, there is no registration with the state or even written agreement necessary for a general partnership to be formed. The legal definition of a partnership is generally stated as "an association of two or more persons to carry on as co -owners a business for profit" (Revised Uniform Partnership Act § xox [1994])• • Joint Venture: A joint venture is but another name for a special partnership. It might be distinguished from a general partnership in that the latter is formed for the transaction of a general business, while a joint venture is usually limited to a single transaction. That is a joint venture is a special combination of persons in the nature of a partnership engaged in the joint prosecution of a particular transaction for mutual benefit or profit Corporation A customer meets all of these conditions: • is a legally incorporated entity under the laws of any state or country • is recognized as a corporation by the Texas Secretary of State TCEQ-20022 Instructions (03/05/2013) Page 4 • has proper operating authority to operate in Texas. • The corporation's `legal name as filed with the Texas Secretary of State must be provided as applicant. An `assumed' name of a corporation is not recognized as the `legal name' of the entity. Government Federal state, county, or city government (as appropriate) The customer is either an agency of one of these levels of government or the governmental body itself. The government agency's `legal name must be provided as the applicant. A department name or other description of the organization should not be included as a part of the `legal name' as applicant. Trust or Estate A trust and an estate are fiduciary relationships governing the trustee/executor with respect to the trust/estate property. Other Government A utility district, water district, tribal government, college district, council of governments, or river authority. Write in the specific type of government. f) Independent Entity Check No if this customer is a subsidiary, part of a larger company, or is a governmental entity. Otherwise, check Yes. g) Number of Employees Check one box to show the number of employees for this customer's entire company, at all locations. This is not necessarily the number of employees at the site named in the application. h) Customer Business Tax and Filing Numbers These are required for Corporations and Limited Partnerships. These are not required for Individuals, Government, and Sole Proprietors. State Franchise Tax ID Number Corporations and limited liability companies that operate in Texas are issued a franchise tax identification number If this customer is a corporation or limited liability company, enter this number here. Federal Tax ID All businesses, except for some small sole proprietors individuals, or general partnerships should have a federal taxpayer identification number (TIN). Enter this number here Use no prefixes dashes, or hyphens. Sole proprietors, individuals, or general partnerships do not need to provide a federal tax ID. TX SOS Charter (fihng) Number Corporations and Limited Partnerships required to register with the Texas Secretary of State are issued a charter or filing number. You may obtain further information by calling SOS at 512/463-5555• DUNS Number Most businesses have a DUNS (Data Universal Numbering System) number issued by Dun and Bradstreet Corp. If this customer has one, enter it here. TCEQ-20022 Instructions (03/o5/2oi3) Page 5 i APPLICATION CONTACT Provide the name title and communication information of the person that TCEQ can contact for additional information regarding this application. 3. REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE a) Regulated Entity Reference Number (RN) A number issued by TCEQ's Central Registry to sites (a location where a regulated activity occurs) regulated by TCEQ This is not a permit number, registration number, or license number. If this regulated entity has not been assigned an RN, leave this space blank. If the site of your business is part of a larger business site, a Regulated Entity Number (RN) may already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ's Central Registry to see if the larger site may already be registered as a regulated site at: http: //www12.tceq.texas.gov/crpub/lndex.cfm?fuseaction=regent. RNSearch If the site is found, provide the assigned Regulated Entity Reference Number (RN) and provide the information for the site to be authorized through this application The site information for this authorization may vary from the larger site information An example is a chemical plant where a unit is owned or opei ated by a separate corporation that is accessible by the same physical address of your unit or facility. Other examples include industrial parks identified by one common address but different corporations have control of defined areas within the site. In both cases an RN would be assigned for the physical address location and the permitted sites would be identified separately under the same RN. b) Site/Project Name/Regulated Entity Provide the name of the site as known by the public in the area where the site is located. The name you provide on this application will be used in the TCEQ Central Registry as the Regulated Entity name. c) Description of Activity Regulated In your own words, briefly describe the primary business that you are doing that requires this authorization. Do not repeat the SIC Code description. d) County Identify the county or counties in which the regulated entity is located. e) Latitude and Longitude Enter the latitude and longitude of the site in degrees, minutes, and seconds or decimal form. For help obtaining the latitude and longitude, go to: http://www.tceq.texas.gov/gis/sgmaview.html or http://nationalmap.gov/ustopo f) Site/Project (RE) Physical Address/Location Information Enter the complete address for the site in Section A if the address can be validated through the US Postal Service. If the physical address is not recognized as a LISPS delivery address, you may need to validate the address with your local police (911 service) or through an online map site used to locate a site Please confirm this to be a complete and valid address. Do not use a rural route or post office box for a site location. TCEQ-20022 Instructions (03/05/2013) Page 6 If a site does not have an address that includes a street (or house) number and street name, enter NO ADDRESS for the street name in Section A. In Section B provide a complete written location description. For example: "The site is located 2 miles west from intersection of Hwy 290 & IH35, located on the southwest corner of the Hwy 290 South bound lane." Provide the city (or nearest city) and zip code of the facility location. 4. GENERAL CHARACTERISTICS a) Indian Country Lands If your site is located on Indian Country Lands, the TCEQ does not have authority to process your application. You must obtain authorization through EPA, Region 6, Dallas Do not submit this form to TCEQ b) Construction activity associated with facility associated with exploration, development, or production of oil, gas, or geothermal resources If your activity is associated with oil and gas exploration, development, or production, you may be under jurisdiction of the Railroad Commission of Texas and may need to obtain authorization from EPA Region 6. For more information, see: http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?s1=R&app=9&p dir=&p rloc=&p tlo c=&p ploc=&pg=1&p tac=&ti=16&pt=i&ch=3&r1=30 Construction activities associated with a facility related to oil, gas or geothermal resources may include the construction of a well site, treatment or storage facility; underground hydrocarbon or natural gas storage facility; reclamation plant; gas processing facility; compressor station; terminal facility where crude oil is stored prior to refining and at which refined products are stored solely for use at the facility; a carbon dioxide geologic storage facility; and a gathering, transmission, or distribution pipeline that will transport crude oil or natural gas, including natural gas liquids, prior to refining of such oil or the use of the natural gas in any manufacturing process or as a residential or industrial fuel Where required by federal law, discharges of stormwater associated with construction activities under the Railroad Commission s jurisdiction must be authorized by the EPA and the Railroad Commission of Texas, as applicable. Activities under Railroad Commission of Texas jurisdiction include construction of a facility that when completed, would be associated with the exploration, development, or production of oil or gas or geothermal resources, such as a well site treatment or storage facility; underground hydrocarbon or natural gas storage facility; reclamation plant; gas processing facility; compressor station; terminal facility where crude oil is stored prior to refining and at which refined products are stored solely for use at the facility; a carbon dioxide geologic storage facility under the jurisdiction of the Railroad Commission of Texas; and a gathering, transmission or distribution pipeline that will transport crude oil or natural gas, including natural gas liquids, prior to refining of such oil or the use of the natural gas in any manufacturing process or as a residential or industrial fuel. The Railroad Commission of Texas also has jurisdiction over stormwater from land disturbance associated with a site survey that is conducted prior to construction of a facility that would be regulated by the Railroad Commission of Texas Under 33 U S.C. §1342(1)(2) and §1362(24), EPA cannot require a permit for discharges of stormwater from 'field activities or operations associated with {oil and gas} exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities' unless the discharge is contaminated by contact with any overburden, raw material, intermediate product, finished product, byproduct, or waste product located on the site of the facility. Under §3 8 of this title (relating to Water Protection), the Railroad TCEQ-20022 Instructions (03/05/2013) Page 7 Commission of Texas prohibits operators from causing or allowing pollution of surface or subsurface water. Operators are encouraged to implement and maintain best management practices (BMPs) to minimize discharges of pollutants, including sediment, in stormwater during construction activities to help ensure protection of surface water quality during storm events. c) Primary Standard Industrial Classification (SIC) Code Provide the SIC Code that best describes the construction activity being conducted at this site. Common SIC Codes related to construction activities include: • 1521 - Construction of Single Family Homes • 1522 - Construction of Residential Bldgs. Other than Single Family Homes • 1541 - Construction of Industrial Bldgs. and Warehouses • 1542 - Construction of Non-residential Bldgs, other than Industrial Bldgs. and Warehouses • 1611 - Highway and Street Construction, except Highway Construction • 1622 - Bridge, Tunnel, and Elevated Highway Construction • 1623 - Water, Sewer, Pipeline and Communications, and Power Line Construction For help with SIC Codes, go to: http.//www osha.gov/pls/imis/sicsearch.html d) Secondary SIC Code Secondary SIC Code(s) may be provided. Leave blank if not applicable. For help with SIC Codes, go to: http://www.osha.gov/p1s/imis/sicsearch.html e) Total Number of Acres Disturbed Provide the approximate number of acres that the construction site will disturb. Construction activities that disturb less than one acre, unless they are part of a larger common plan that disturbs more than one acre, do not require permit coverage. Construction activities that disturb between one and five acres, unless they are part of a common plan that disturbs more than five acres, do not require submission of an NOI. Therefore, the estimated area of land disturbed should not be less than five, unless the project is part of a larger common plan that disturbs five or more acres. Disturbed means any clearing, grading, excavating, or other similar activities. If you have any questions about this item, please contact the stormwater technical staff by phone at (512)239-4671 or by email at swgp@tceq.texas.gov. f) Common Plan of Development Construction activities that disturb less than five acres do not require submission of an NOI unless they are part of a common plan of development or for sale where the area disturbed is five or more acres. Therefore, the estimated area of land disturbed should not be less than five, unless the project is part of a larger common plan that disturbs five or more acres. Disturbed means any clearing, grading, excavating, or other similar activities. For more information on 'What is a common plan of development?" go to www.tceq.texas.gov/permitting/stormwater/common plan of development steps.html For further information, go to the TCEQ stormwater construction webpage at: www.tceq.texas.gov/goto/construction and search for "Additional Guidance and Quick Links". If TCEQ-20022 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 The stormwater may be discharged directly to a receiving stream or through a MS4 from your site. It eventually reaches a receiving water body such as a local stream or lake, possibly via a drainage ditch You must provide the name of the water body that receives the discharge from the site (a local stream or lake). If your site has more than one outfall you need to include the name of the first water body for each outfall, if they are different. h) Identify the segment number(s) of the classified water body(s) Identify the classified segment number(s) receiving a discharge directly or indirectly. Go to the following link to find the segment number of the classified water body where stormwater will flow from the site: www.tceq.texas.gov/waterquality/monitoring/viewer html You may also find the segment number in TCEQ publication GI-316: www.tceq.texas.gov/publicationsigi/gi-316 If the discharge is into an unclassified receiving water and then crosses state lines prior to entering a classified segment, select the appropriate watershed: • moo (Canadian River Basin) • 0200 (Red River Basin) • 0300 (Sulfur River Basin) • 0400 (Cypress Creek Basin) • 0500 (Sabine River Basin) Call the Water Quality Assessments section at (512)239-4671 for further assistance. i) Discharge into MS4 - Identify the MS4 Operator The discharge may initially be into a municipal separate storm sewer system (MS4) If the stonuwater discharge is into an MS4, provide the name of the entity that operates the MS4 where the stormwater discharges. An MS4 operator is often a city, town county, or utility district but possibly can be another form of government. Please note that the Construction General Permit requires the Operator to supply the MS4 with a copy of the NOI submitted to TCEQ For assistance, you may call the technical staff at (512)239-4671. j) Surface Water bodies on list of impaired waters - Identify the impaired water body(s) Indicate Yes or No if any surface water bodies receiving discharges from the construction site are on the latest EPA -approved CWA 3o3(d) List of impaired waters. Provide the name(s) of surface water bodies receiving discharges or potential discharges from the construction site that are on the latest EPA -approved CWA 3o3(d) List of impaired waters. The EPA -approved CWA 3o3(d) List of impaired waters in Texas can be found at www.tceq.texas.gov/waterquality/assessment/so, 3o3.html NOTE• Do not use any "draft" documents. TCEQ-20022 Instructions (03/05/2013) Page 9 k) Discharges to the Edwards Aquifer Recharge Zone and Certification See maps on the TCEQ website to determine if the site is located within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer at: www.tceq.texas.gov/field/eapp/viewer.hlinl 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 Nan or Water Pollution Abatement Plan to be included or referenced as a part of the Stormwater Pollution Prevention Plan. For questions regarding the Edwards Aquifer Protection Program, contact the appropriate TCEQ Regional Office. For projects in Hays, Travis and Williamson Counties: Austin Regional Office, 12100 Park 35 Circle, Austin, TX 78753, 512-339-2929. For Projects in Bexar, Comal, Kinney, Medina and Uvalde Counties: TCEQ San Antonio Regional Office, 1425o Judson Rd., San Antonio, TX 78233-448o, 210-490-3096. 5. CERTIFICATIONS Failure to indicate Yes to ALL of the certification items may result in denial of coverage under the general permit. a) Certification of Understanding the Terms and Conditions of Construction General Permit (TXRt.5oo00) Provisional coverage under the Construction General Permit (TXR150000) begins 7 days after the completed paper NOI is postmarked for delivery to the TCEQ (Electronic applications submitted through ePermits have immediate provisional coverage). You must obtain a copy and read the Construction General Permit before submitting your application. You may view and print the Construction General Permit for which you are seeking coverage at the TCEQ web site: www.tceq.texas.gov/goto/construction b) Certification of Legal Name The full legal name of the applicant as authorized to do business in Texas is required. The name must be provided exactly as filed with the Texas Secretary of State (SOS), or on other legal documents forming the entity that is filed in the county where doing business. You may contact the SOS at (512)463 5555, for more information related to filing in Texas. c) Understanding of Notice of Termination A permittee shall terminate coverage under this Construction Gene' al Permit through the submittal of a NOT when the operator of the facility changes, final stabilization has been reached, the discharge becomes authorized under an individual permit, or the construction activity never began at this site. d) Certification of Stormwater Pollution Prevention Plan The SWP3 identifies the areas and activities that could produce contaminated runoff at your site and then tells how you will ensure that this contamination is mitigated. For example, in describing your mitigation measures, your site's plan might identify the devices that collect and TCEQ-20022Instructions (03/05/2013) Page 10 filter stormwater, tell how those devices are to be maintained, and tell how frequently that maintenance is to be carried out. You must develop this plan in accordance with the TCEQ general permit requirements. This plan must be developed and implemented before you complete this NOI. The SWP3 must be available for a TCEQ investigator to review on request. Operator Certification: The certification must bear an original signature of a person meeting the signatory requirements specified under 3o Texas Administrative Code (TAC) §3o5.44• IF YOU ARE A CORPORATION: The regulation that controls who may sign an NOI or similar form is 3o Texas Administrative Code §305 44(a)(1) (see below). According to this code provision, any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate procedures. By signing the NOI or similar form, you are certifying that such authority has been delegated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative Code §305 44(a)(3) (see below). According to this code provision, only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity it may be beneficial to consult your city charter, county or city ordinances, or the Texas statute(s) under which your government entity was formed. An NOI or similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to §305.44(a)(3)• The signatory requirement may not be delegated to a government representative other than those identified in the regulation. By signing the NOI or similar form, you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative code. Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ If you have any questions or need additional information concerning the signatory requirements discussed above, please contact the Texas Commission on Environmental Quality's Environmental Law Division at (512)239-0600. 3o Texas Administrative Code §305.44• Signatories to Applications (a) All applications shall be signed as follows. (1) For a corporation, the application shall be signed by a responsible corporate officer. For purposes of this paragraph, a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision -making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities employing more than 25o persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 198o dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures governing authority to sign permit or post -closure order applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. Page TCEQ-20022 Instructions (03/05/2013) (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/o5/2o13) Page 12 Texas Commission on Environmental Quality General Permit Payment Submittal Form Use this form to submit your Application Fee only if you are mailing your payment. • Complete items 1 through 5 below: • Staple your check in the space provided at the bottom of this document. • Do not mail this form with your NOI form. • Do not mail this form to the same address as your NOI. Mail this form and your check to: BY REGULAR U.S. MAIL Texas Commission on Environmental Quality Financial Administration Division Cashier's Office, MC-214 P.O Box 13088 Austin, TX 78711-3088 BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Financial Administration Division Cashier's Office, MC-214 12100 Park 35 Circle Austin, TX 78753 Fee Code: GPA General Permit: TXR150000 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 INFORMATION If the check is for more than one NOI, list each Project/Site (RE) Name and Physical Address exactly as provided on the NOI. DO NOT SUBMIT A COPY OF THE NOI WITH THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES See Attached List of Sites (If more space is needed, you may attach a list.) Project/Site (RE) Name. 1 1 1 Project/Site (RE) Physical Address: Staple Check in This Space TCEQ- 20134 (04/13/2006) Page 1 TCEQ Office Use Only Chan an Authorization Notice of g a (NOC)to Permit No : Associated for Stormwater Discharges with RN: sigm Construction Activity under TPDES General CN: TCEQ Permit (TXR1 50000) ***** IMPORTANT ***** The 1) the form permit PLEASE will number READ be returned is THE not provided, FOLLOWING for one invalid, of the INFORMATION or following no longer active, reasons: AND for INS i RUCTIONS is BEFORE FILLING OUT THIS FORM. not provided, 2) 3) the a wet ink current signature permittee of is person not the meeting applicant, signatory and; requirements permittee 4) a requested change in operator name is not a legal name change . T THIS FORM CANNOT BE USED FOR A CHANGE IN OPERATOR. REFER TO YOUR GENERAL PERMIT. TXR15 Number the to be changed? What is the Permit of authorization A. APPLICANT INFORMATION: Search Central Registry at www12.tceq.texas:gov/crpub/ 1. Operator (Permittee) a. What is the full Legal Name of the current Operator as on the authorization? b. What is the TCEQ Central Registry Customer Number assigned to this Operator? CN 2. Permitted Site (required) What is the TCEQ Central Registry Regulated Entity Number assigned for this permitted site? RN B. 'REQUESTED CHANGE TO PERMITTED INFORMATION What information has of changed the sections or needs being corrected? updated and enter the new information in the corresponding section of this form.) (Check one or more Secretary State (TX SOS). Go to Section 1 &/or 2 as applicable. Name Change with Texas of Operator (Note: Permits Legal are not transferable. If a change in entity has occurred, this NOC is not attainable.) Monitoring Report forms. for Operator Billing for Annual Fee or Discharge ElAddress and contact information Site Information (Regulated Entity) r] I I (Note: Permits under a general permit are site specific. If a change in site location has occurred, this NOC is not attainable.) nGeneral 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. (This What is only is the applicable TX SOS to Filing Limited Number Partnership for us or Corporations.) to confirm this official name change? 2 ADDRESS & CONTACT INFORMATION CHANGE a. What mailing address and/or contact mformation has changed? (check one or more as applicable) Site (RE) Mailing Address and contact information ■ E Operator for permit correspondence for Receiving Discharge Monitoring for Receiving Annual Fee Reporting address/contact C Billing address/contact D Reports (DMRs) Statement for selection? is information to be updated the same each b If you selected more than one, the ❑ 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 C/O: 1 Suite No./Bldg No./Mail Code: Address: I City: State: ZIP Code: Country Mailing Information (if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: 1 Fax No.: ( ) E-Mail: TCEQ- 20391 (07/13/2007) Page 1 ENTITY (RE) SITE INFORMATION CORRECTION 3 REGULATED Is this change to the location of the permitted activity? a. a ❑No not be since the authorizations are site specific. — go to next question. ❑Yes - this requested change will processed b. New or Corrected Name of Project or Site : c. Updated Physical Address (new 911 address) Street Number: Street Name: Bldg/Ste No. ZIP Code: County (Counties if>1): City: d. Update or Corrected location access description, if no physical address (Street Number & Street Name): Corrected Latitude: N Corrected Longitude: W e. 4. IN CHARACTERISTICS PROVIDED ON ORIGINAL FORM CHANGE Identify the specific change and provide the updated information. If an attachment is need, please reference it below. C. APPLICATION CONTACT If information regarding this application, who should be contacted? TCEQ needs additional Title: Company: 1. Name. 2. Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: D CERTIFICATION Operator Certification: I, Title (REQUIRED) certify under penalty of Typed law that or printed this document name (REQUIRED) and all attachments and evaluate were the prepared information under my submitted. direction or supervision Based on my inquiry in accordance of the with person a or system persons designed to assure that qualified personnel properly gather for the mformation, the information submitted is, to the best of my knowledge who possibility manage and of the fine system belief and true, imprisonment or those accurate, persons and for directly complete. knowing responsible I violations. am aware there gathering are significant penalties for submitting false information, including the 1 documentation further certify that in I am proof of authorized such authorization under 30 Texas upon Administrative request. Code §305.44 to sign and Date: submit this document, and can provide Signature: ink) (REQUIRED) (Use blue (REQUIRED) TCEQ- 20391 (07/13/2007) Page 2 Attachment 1 to a Related NOC to a for Providing Permit Different under General Address & Permit TXR150000 Contact Information Form Specific (REQUIRED) What is the Permit No.? TXR15 ADDITIONAL ADDRESS & CONTACT INFORMATION Fill in the changes as applicable Incomplete and invalid addresses will not be used. Verify addresses at USPS.com. mailing Operator ATTN or C/O: Address: Suite No./Bldg. No./Mail Code: City: State: ZIP Code: Country Mailing Information (if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: Billing Address for Receiving Annual Fee Statement ATTN or C/O: Address: Suite No./Bldg. No./Mail Code: City: State: ZIP Code: Country Mailing Information (if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: Site Mailing Address (RE) ATTN or C/O: Address: Suite No./Bldg. No./Mail Code: City: State: ZIP Code: Country Mailing Information (if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: TCEQ- 20391 NOC Attachment 1 (07/13/2007) Page 1 Notice Change (NOC) to an Authorization for Stormwater Discharges of Associated with Construction Activity under TPDES General Permit (TXR150000) General Information and Instructions GENERAL INFORMATION Where BY Texas Stormwater P.O. REGULAR Box to Send Commission 13087 Processing the U.S. Notice on MAIL Environmental Center of Change (MC228) (NOC): Quality BY Texas Stormwater 12100 OVERNIGHT/EXPRESS Commission Park Processing 35 Circle on Environmental Center MAIL (MC228) Quality Austin, TX 78711-3087 Austin TX 78753 TCEQ Contact list. Application Technical Environmental Records Information Management Questions Processing Services Law relating Division: for Questions for obtaining obtaining to the relating general copies reports to permit: of from the forms status submitted program and data form 512/239-4671 to bases requirements: TCEQ: (as available): 512/239-DATA 512/239-3700 512/239-0600 512/239-0900 or email (3282) swpermit@tceq.texas.gov Financial Administration's Cashier's office: 512/239-0357 or 512/239-0187 Notice When 1. Administrative of your Change NOC is Process: received Review: by The the form program, will the be reviewed form will to be ensure processed the request as follows: is from the permittee (operator) on the authorization, the permit is active form be for that for a NOC. In addition, the and initial coverage was acknowledged. Each item on the will reviewed a complete response qualifies Texas Secretary State (if applicable). The address(s) on the form must be verified with the US operator's legal name change must be verified with of Postal service as an address receiving regular mail delivery. Never give an overmght/express mailing address. If an item is incomplete or not verifiable as indicated above, the operator may be notified by letter, phone call or email. In some instances as noted at the beginning of the form, the request may simply be returned. NOC is on 2. NOC Confirmation: An updated Acknowledgment Certificate will be mailed to the operator only if the to change information provided the acknowledgment certificate. The original coverage effective date will not change. General Permit (Your Permit) the TCEQ web site www.tceq.texas.gov. You may view and print your general permit on Enter the general permit number as the key word in the search box to locate the specific web page. General The PDF Notice format Permit of on Intent the Forms TCEQ (NOI), web Notice of site www.tceq.texas Termination (NOT), gov. and Notice of Change (NOC) with instructions are available in Adobe Acrobat Change An authorization in Operator under the general permit is not transferable. Notice If the operator of Intent. the The regulated NOI entity be changes, the not later present than pemiittee 10 days must submit to the change in a Notice of Termination and the new operator must submit a of must submitted prior Operator status. new entity is confirmed. Note that the NOT is effective on the postmarked date It may be necessary to not terminate the existing permit until coverage by the TCEQ Core Central Data Form Registry has Core Data been incorporated Form into this form. Do not send a core data form to TCEQ. The You can find the information on the Central Registry web site at www12.tceq.texas.gov/crpub/. You can search by the Regulated Entity (RN), Customer "Additional the field labeled ID". Number (CN) or Name (Permittee), or by your permit number under search for CN RN data for The authorizations RN data Customer in central (Permittee) as changes registry. is responsible occur. For General for providing Permits, consistent a Notice information of Change to the form must TCEQ, be submitted and updating to the all program and area for approval all to associated update the CN and TCEQ- 20391 NOC Instructions (07/13/2007) Page 1 INSTRUCTIONS FOR FILLING OUT THE NOC FORM A. Applicant Information (Operator) 1. Provide the full legal name as on the permit. b. Go Provide to http://wwwl2.tceq.texas.gov/crpub/ the current TCEQ permrttee(s) Issued Customer Number to locate (CN) your for the CN. entity. this form be returned, It is the responsibility of the permittee(s) to comply with If the the general name(s) permit. provided do not match the current permittee name(s), will to those Note: If a change is being made to the CN and the CN has other TCEQ authorization types, it is the entity's responsibility update authorizations the be changed on the Because of this, a new CN may be at issued the same for the time. new If an name. authorization has been cancelled or tennmated, name can not permit. 2. Go Provide to http://wwwl2.tceq.texas.gov/crpub/ the TCEQ Issued Regulated Entity to number locate your assigned CN. for this permitted activity. If comply the site with has the changed general or the permit information provided indicates a new location, this form will be returned. It is the responsibility of the (permittees) to B. REQUESTED CHANGE TO PERMITTED. INFORMATION in form that is to be Provide the updated information in Section 1 for indicating the the updated. Check Legal General one Name Characteristics or Change, more of the Section Change, available 2 for as options apphcable. Address & Contact Information information Change, Section 3 for Regulated Entity Site Information Change, or Section 4 for 1. LEGAL NAME CHANGE Provide the new legal name. If the entity is a Limited Partnership or Corporation, the name change must SOS be verifiable 512/463-5555, with Texas Secretary for more information of State. The TX SOS filing number must be to verify only a name change occurred. You may contact the at provided related to filing in Texas. If filed in the county where Limited Partnership doing business, will be provide verified a with copy of Texas the Secretary legal documents of State. If showing the entity the is legal filed name as a change. new entity with a Legal name changes of a Corporation and The transferable. If the operator changes, the old entity must terminate new filing their number, permit then the and the change new entity cannot must be made submit through a form a for NOC. a new permit. permits are not 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 have the address different and/or information, contact then information use the NOC is the same ATTACHMENT for all types, then 1. The check permit each number type and MUST enter be the written information on ATTACHMENT in the fields on the 1 to form. indicate it If some is a types part of the Mailing NOC form Address for the permit being updated. The updates cannot be made without reference to the submitted NOC form. If find that for regular mail delivery (not overnight express mail). you The address MUST BE verifiable with the US Postal Service at www.usps.com., the address is not verifiable delay using the USPS web us from search, updating please the indicate the address is used by the USPS for regular mail delivery. Failure to provide a valid mailing address will or prohibit permit. be Notice Change. Address changes submitted Please note that address updates relating to a general permit authorization can ONLY made through a of through any other form can not be processed 3. REGULATED ENTITY (RE) SITE INFORMATION CORRECTION or last NOC for the authonzation. The authorization under The NOC a general form is permit only is for site use specific. to update If or this correct change information is related submitted to a new on the location, original a Notice longitude, application of Change is not attainable. to NOC request. Provide the updated site name , updated site addresses, and/or corrected latitude and as applicable your A new physical address for an existing location is usually the result of a newly assigned 911 address for emergencies. decimal form. For longitude the in either degrees, minutes, and seconds or If providing a corrected latitude longitude, and longitude, to: enter the www.tceq.state.tx.us/gis/drgview.html latitude and of site or www.terraserver.microsoft.com/advfind.asp help obtaining the latitude and go 4. GENERAL CHARACTERISTIC Indicate of area disturbed the change to information has increase to 40 onginally acres.' supplied. For example if the number of acreas of area disturbed has changed, then state: "The number acres C. Application Contact Provide the name, title and communication information of the person that TCEQ can contact for additional information regarding this application. TCEQ- 20391 NOC Instructions (07/13/2007) Page 2 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 N OI or similar form is 30 Texas Administrativ e Code §305.44(a)(1) (see below). A ccording to this code provision any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate pro cedures. B y signing the NOI or si milar form, you are certifying that such authority has been deleg ated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that controls who may sign an N OI or similar form is 30 Texas Administrativ e Code §305.44(a)(3) (see below). A ccording to this code provision only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons s uch as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity, it may be beneficial to consult y our city charter, county or city ordinances, or the Texas statute(s) under which your government entity was formed. An NOI or similar document that is signed b y a governor ent official who is not a rankrn g elected official or princip al executive officer d oes not conform to §305.44(a)(3). The signatory requirement may not be delegated to a government representative other than those identified in the regulation. By signing the NOI or s rmilar form, you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative code Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ. If you have any questions or need addition al information concerning the signatory requirements discussed above, please contact the Texas Commission on Environmental Quality's Environmental Law Division at 512/239-0600, 30 Texas Administrative Code §305.44. Signatories to Applications. (a) All applications shall be signed as follows. (I) For a corporation, the application shall be signed by a responsible corporate officer. For purposes of this paragraph, a responsible corporate officer m eans a pres ident, s ecretary, treasurer, or v ice -president of the corpor ation in charge of a pr mcipal business function, or any oth er person who performs si milar policy or decisi on -making function s for the corpor ation; or the manager of one or more manufacturin g, productio n or operating facili ties employing m ore than 250 persons or having gross annual sales or expend itures exceeding $25 m illion (in sec ond-quarter 1980 dollars), if authonty to sign docu ments has been assigned or de legated to the manager in accordance with corpor ate procedures. Corporate pro cedures governing authority to sign permit or post -closure order applicah ons may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. (2) For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively. (3) For a municipality, state, federal, or other public agency the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this paragraph, a principal executive officer of a federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., regional administrator of the EPA). TCEQ- 20391 NOC Instructions (07/13/2007) Page 3 TCEQ Office Use Only raluN Notice of Termination (NOT) for Authorizations under RN: �"` 7„ `;/ TPDES General Permit TXR150000 CN: TCEQ SSign up now for on line NOT at https.//www6.tceq.texas.gov/steers/ Get your NOT Confirmation letter immediately after submitting the on line NOT form. What Processing is the permit will number be delayed without to be terminated? the permit number. TXR15 A. OPERATOR (applicant) 1. What is the Customer Number (CN) issued to this entity? CN 2. What is the full Legal Name of the current penruttee? This must be the current permittee of the permit to be terminated. 3. What is the applicant's mailing address as recognized by the US Postal Service? Address: Suite No./Bldg. No./Mail Code: City: State: ZIP Code: Country Mailing Information (if outside USA). Country Code: Postal Code: 4. Phone No.: ( ) Extension: 5. Fax No.: ( ) E-mail Address: B REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE 1. What is the TCEQ Issued RE Reference Number (RN)? RN 2. '9xample: Name of phase Project and or Site as name of currently subdivision permitted): or name of project that's unique to the site) Physical Address of Project or Site as currently permitted' (enter m spaces below) Street Number: Street Name. City: ZIP Code: County (Counties if >1): 4. If no physical address (Street Number & Street Name), provide the written location access description to the site: C REASON FOR TERMINATION Check the reason for termination: ❑ Final stabilization has been achieved on all portions of the site that are the responsibility of the Operator and all silt fences and other temporary erosion controls have either been removed, or scheduled for removal as defined in the SWP3. 0 Another permitted Operator has assumed control over all areas of the site that have not been finally stabilized, and temporary erosion controls that have been defined in the SWP3 have been transferred to the new Operator. ■ The activity is now authonzed under an alternate TPDES permit, ■ The activity never began at this site that is regulated under the general permit. D. CERTIFIC ATION I, Typed or printed name Title certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure system, accurate, that or and those qualified complete. persons personnel directly I am aware responsible properly there are gather and for gathering significant evaluate penalties the the information, information for submitting the submitted. information false information, Based submitted on including my is, inquiry to the the of best the possibility of person my knowledge of or fine persons and and impnsonment who belief, manage the true, 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 mature: of such authonzation upon request. Date: (Use blue ink) TCEQ-20023 (02/06/2007) Page 1 g Notice of Information (NOT) Permit for and Authorizations TXR150000 Instructions under Termination TPDES General General GENERAL INFORMATION Where to Send the Notice of Intent (NOI): BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission Environmental Quality Texas Commission on Environmental Quality on Stormwater Processing Center (MC228) Stormwater Processing Center (MC228) P.O. Box 13087 12100 Park 35 Circle Austin, TX 78711-3087 Austin, TX 78753 TCEQ Contact list: Application Processing Questions relating to the status and form requirements: 512/239-3700 or swpermit@tceq.texas.gov Technical Questions relating to the general 512/239-4671 permit: Environmental Law Division: 512/239-0600 Records Management for obtaining copies of forms submitted to TCEQ: 512/239-0900 Information Services for obtaining reports from program data bases (as available): 512/239-DATA (3282) Financial Administration's Cashier's office: 512/239-0357 or 512/239-0187 Notice of Termination Process: A Notice of Termination is effective on the date postmarked for delivery to TCEQ. When your NOT is received by the program, the form will be processed as follows: 1. Administrative Review: form will be reviewed to confirm the following: The • the • the permit number permit is active is provided 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 to the applicant to clear the deficiency. made A letter will not be sent to the permittee if unable to process the form. 3. Confirmation of Termination: A Notice of Termination Confirmation letter will be mailed to the operator. General Permit (Your Permit) Coverage under the general permit begins 48 hours after a completed NOI is postmarked for delivery to the TCEQ. You should have a copy of your general permit when submitting your application. You may view and print your permit for which you are seeking coverage, on the TCEQ web site www.tceq.texas.Rov General Permit Forms The Notice of Intent (NOI), Notice of Termination (NOT), and Notice of Change (NOC) with instructions are available in Adobe Acrobat PDF format on the TCEQ web site www.tceq.texas.gov. Change in Operator An authorization under the general permit is not transferable. If the operator or owner of the regulated entity changes, the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOT and NOI must be submitted not later than 10 days prior to the change in Operator status. TCEQ Central Registry Core Data Form Core Data Form has been incorporated into this form. Do not send a core data form to TCEQ. The After final acknowledgment of coverage under the general permit, the program will assign a Customer Number (CN) and Regulated Entity Number (RN). For Construction Permits, a new RN will be assigned for each Notice of Intent filed with TCEQ, since project sites can overlap with other construction Customers. The RN assigned to your construction project will not be assigned to any other TCEQ authorization. You can find the information on the Central Registry web site at wwwl2.tceq.texas.gov/crpub/. You can search by the Regulated Entity (RN), Customer Number (CN) or Name (Permittee), or by your permit number under the search field labeled "Additional ID". Capitalize all letters in the permit number. TCEQ-20023 Instructions (02/06/2007) Page 1 The Customer (Permittee) is responsible for providing consistent information to the TCEQ, and for updating all CN and RN data for all authorzations as For changes occur. 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 on September 1 The general permit of each year. operator will receive an invoice for the fee in November payment of annual of each The be due 30 days year. will from the invoice date. A 5% penalty under the will general be assessed permit if is the active payment on September is received 1. by TCEQ after the due date. Annual fee assessments payment cannot be waived as long as the authorization It's effective important on the for the operator date to submit of mailing a Notice the of form Termination to TCEQ. (NOT) It is when coverage under the general permit is no longer required. A NOT is mailed and received postmarked by TCEQ. recommended that the NOT be mailed using a method that documents the date • Mailed Payments: You • Go ePAY to must www6.tceq.texas.gov/epay/ Electronic return your Payment: payment with the billing coupon provided with the billing statement. You must enter account number the top billing your provided at portion of statement. Payment include Mastercard, A your methods Visa, and electronic check payment (ACH). 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 or Notice a complete of Change. mailing address for receiving mail from the TCEQ. Update the address if different than previously submitted in the Notice of Intent 4. Provide Phone updated Number, contact Fax Number, information. and E-mail Address B. REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE 1. Regulated Entity Reference Number (RN) 2. Site/Project Name/Regulated Entity Provide the name of the site as previously submitted in the Notice of Intent for the permit number provided. 3. Site/Project (RE) Physical Address Provide the physical address or location access description as previously submitted for the permit number provided. C. REASON FOR TERMINATION Indicate the reason for terminating the permit by checking one of the options. If the listed reason is not then provide an attachment that explains the reason Please for read termination. your general permit carefully to determine when to terminate your permit. Permits will not be reactivated after submitting a termination form. The temvnation 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 30 Texas Administrative §305.44. IF YOU ARE A CORPORATION: specified under Code (TAC) this code The regulation any that corporate controls representative who may sign an may sign NOI or NOI similar form is 30 form Texas Administrativ long e Code §305.44(a)(1) (see below). According to that provision, in accordance with corporate B an the or similar NOI so as the authority to sign such a document has been delegated to person procedures. y signing or similar form, you are certifying that such authority has been delegated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The that regulation controls who may sign an N OI or similar form is 30 Texas Administrativ e Code §305.44(a)(3) (see below). According to this a code provision only ranking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials In order to identify the executive officer of be beneficial to consult your city charter, county or city ordinances, or the Texas statute(s) principal under which your government your government entity was entity formed. An NOI it may or similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to TCEQ-20023 Instructions (02/06/2007) Page 2 §305.44(a)(3). The signatory requirement may not be delegated to a government representative other than those identified in the regulation. By signing the NOI or similar form, you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative code Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ. If you have any questions or need addition al information concerning the signatory requirements discussed above, please contact the Texas Commission on Environmental Quality's Environmental Law Division at 512/239-0600. 30 Texas Administrative Code §305.44. Signatories to Applications. (a) All applications shall be signed as follows. (1) For a corporation, the application shall be signed by a responsible corporate officer. For purposes of this paragraph, a responsible corporate offi cer means a president, secretary, treasurer, or v ice -president of the corpor ation in charge of a principal business function or any oth er person who performs similar policy or decision -making functions for the corporation; or the manager of' one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 m illion (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures governing authority to sign permit or post -closure order applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. (2) For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively. (3) For a municipahty, state, federal, or other public agency the application shall be signed by either a pnncipal executive officer or a ranking elected official. For purposes of this paragraph, a pnncipal executive officer of a federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., regional administrator of the EPA). TCEQ-20023 Instructions (02/06/2007) Page 3 mar NNW Pla 11111111111111111 SIMS AMIN SMALL CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part II.E.2. of the TCEQ General Permit Number TXR150000 for discharges of stormwater runoff from small construction sites. Additional information regarding the TCEQ stormwater permit program may be found on the internet at: http://www.tceq.state.tx.us/nav/permits/wq construction.html Operator Name: Contact Name and Phone Number: 4 roject Description: Physical address or description of the site's location, estimated start date and projected end date, or date that disturbed soils will be stabilized Location of Stormwater Pollution Prevention Plan: For Small Construction Activities Authorized Under Part II E 2 (Obtaining Authorization to Discharge) the following certification must be completed I (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.E.2. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A stormwater pollution prevention plan has been developed and will be implemented pnor to constriction, according to permit requirements A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthonzed discharges, including the possibility of fine and imprisonment for knowing violations Signature and Title Date Date Notice Removed MS4 operator notified per Part II.F.3. EMS "ifiliniii Mir Mai IRMA WSW aiiiiiiaiiiiMili AIM Iiii. mid LARGE CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 "SECONDARY OPERATOR" NOTICE This notice applies to secondary operators of construction sites operating under Part II.E.3. of the TPDES General Permit Number TXR150000 for discharges of stormwater runoff from construction sites equal to or greater than five acres, including the larger common plan of development. The information on this notice is required in Part III.D.2. of the general permit. Additional information regarding the TCEQ stormwater permit program may be found on the interne at: http://www.tceq.state.tx.us/nav/permits/wq construction.html Site -Specific TPDES Authorization Number: Operator Name: Contact Name and Phone Number: Project Description: Physical address or description of the site's location, and estimated start date and projected end date, or date that disturbed soils will be stabilized. Location of Stormwater Pollution Prevention Plan (SWP3): For Large Construction Activities Authorized Under Part II.E.3. (Obtaining Authorization to Discharge) the following certification must be completed: I (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part ILE.3. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A stormwater pollution prevention plan has been developed and will be implemented prior to construction, according to permit requirements A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part ILF.3. • -91111•11N NEMAIM LARGE CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 "PRIMARY OPERATOR" NOTICE This notice applies to construction sites operating under Part II.E.3. of the TPDES General Permit Number TXR150000 for discharges of stormwater runoff from construction sites equal to or greater than five acres, mcluding the larger common plan of development. The information on this notice is required in Part III.D.2. of the general permit. Additional information regarding the TCEQ stormwater permit program may be found on the internet at: http://www.tceq.state.tx.us/nav/permits/wq construction.html Site -Specific TPDES Authorization Number: Operator Name: Contact Name and Phone Number: Project Description: Physical address or description of the site s location, and estimated start date and projected end date, or date that disturbed soils will be stabilized. Location of Stormwater Pollution Prevention Plan: NNW "111111111111 ms son le SEIM sr SI NM SMALL CONSTRUCTION SITE NOTICE: LOW POTENTIAL FOR EROSION FOR THE Texas Commission on Environmental Quality (TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part II.E.1. of the TCEQ General Permit Number TXR150000 for discharges of stormwater runoff from small construction sites automatically authorized based on low rainfall erosivity. Additional information regarding the TCEQ stormwater permit program may be found on the interne at: http://www.teeq.state tx us/nav/permits/wq construction.html Operator Name. Contact Name and Phone Number: Project Description: (Physical address or description of the site's location, estimated start date and projected end date, or date that disturbed soils will be stabilized) For Small Construction Sites Authorized Under Part II E 1 , the following certification must be completed: I (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an automatic authorization based on low rainfall erosivity under Part II.E.1 of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. Construction activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit for this county, that period beginning on and ending on . I understand that if construction activities continue past this period, all stormwater runoff must be authonzed under a separate provision of the general permit. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part II.F.3. CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION Section 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 1.0 GENERAL 1.01 SECTION INCLUDES A Descriptions of measures and practices, in response to TPDES General Permit TXR 150000 which shall be used on the Work to eliminate or significantly minimize pollutants in discharges into Surface Water in the State by controlling erosion and sediments at their source. B References to Technical Specifications: 1. Section 01550 — Stabilized Construction Exit 2. Section 01562 — Waste Material Disposal 3. Section 01500 — Temporary Facilities and Controls C Definitions: 1. Potential Water Pollutant - any substance that could potentially alter the physical, thennal, chemical, or biological quality of the Surface Water in the State, rendering the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 1.02 MEAUSREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section Include cost in Bid Items for which this Work is a component. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Contractor shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Plans and this Technical Specification. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C The Contractor shall install, maintain, and inspect erosion and sediment control measures and practices that operate effectively and as specified in the Plans and in this or other Technical Specifications. 07/2006 01566 - 1 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION D Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of the limits of construction or dedicated rights -of -way and easements Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the Contractor. E The Contractor shall be responsible for collecting, storing, hauling, and disposing of spoil, silt, waste materials and contaminated material resulting from erosion and sediment control measures as specified in this or other Technical Specifications and in compliance with applicable federal, state, and local rules and regulations. 3.02 EXPOSED SOIL A When soil is exposed as a result of clearing, grading excavating, stockpiling, or other soil disturbing activities, the Contractor shall implement measures to effectively control erosion and prevent the escape of sediments from the Project Site. B Control measures may include the following practices: 1. Preserve existing vegetation to the extent possible. 2. Construct dramage 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 stnps, mulching, or riprap C When the placement of topsoil, bank sand, or other soil material is specified, after an area has been brought to grade and immediately prior to placement, loosen the subgrade discing or by scarifying to a depth of at least 2 inches to permit bonding to the subsoil. D When all soil disturbing activities have been completed, establish a perennial vegetative cover on all areas that are not paved, covered by permanent structures, or otherwise permanently stabilized. 3.03 DUST CONTROL A Implement control measures to minimize dust creation and movement on construction sites and roads and to prevent airborne sediment from reaching receiving streams or storm water conveyance systems, to reduce on -site and off -site damage, to prevent health hazards, and to improve traffic safety. B Control blowing dust by using one or more of the following measures: 1. Mulches bound with chemical binders. 2. Temporary vegetative cover. 3. Tillage to roughen surface and bring clods to the surface. 4. Irrigation by water sprinkling. 07/2006 01566-2of5 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 amounts of dust with significant concentrations of heavy metals or other potential water pollutants shall use methods described in this Section, 3.03 "Dust Control ', to limit transport of airborne pollutants. However, water or slurry used to control dust contaminated with heavy metals or potential water pollutants shall be retained on the Project Site and shall not be allowed to run directly into watercourses or storm water conveyance systems by the appropriate use of control measures described in this Section. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.05 SEDIMENT TRACKING A Minimize off -site tracking of sediments and the generation of dust by construction vehicles, keeping the streets clean or construction debris and mud, by implementing one or more of the following control measures: 1. Restrict all ingress and egress to stabilized construction exits. 2. Stabilize areas used for staging, parking, storage or disposal. 3. Stabilize on -site vehicle transportation routes. 4. Remove mud and other debris, washing if necessary, from vehicles prior to entrance onto public roadways from the Project Site. 5. Maintain grade to minimize the occurrence of mud on the Project Site. B Construct stabilized construction areas under the provisions of Section 01550 — Stabilized Construction Exists. C In addition to Stabilized Construction Exits shovel or sweep the pavement to the extent necessary to keep the street clean. Water -hosing or sweeping of debris and mud off of the street into adjacent areas is not allowed. 3.06 EQUIPMENT MAINTENANCE AND REPAIR A Control equipment maintenance and repair so that oils, gasoline, grease, solvents, and other potential water pollutants cannot be washed directly into receiving streams or storm water conveyance systems. B Control measures may include the following practices: 1. Confine maintenance and repair of construction machinery and equipment to areas specifically designated for that purpose. 2. Provide these areas with adequate waste disposal receptacles for liquid as well as solid waste. 07/2006 01566 - 3 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 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 - 4 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION B Isolate these substances in areas where they are to be stored, opened or used such that they will not cause pollution of runoff from the Project Site. Preventative measures may include the following practices: 1. Stabilize the area with coarse aggregate. 2. Store containers on raised platforms. 3. Place plastic matting, packed clay, tar paper, or other impervious material to prevent contamination of soil in the area 4. Provide protective cover or weather proof enclosure. 5. Minimize accidental spillage. 6. Keep containers tightly closed. 7. Periodically inspect containers for leakage. 8. Maintain grade to prevent surface water from flowing over the area 9 Provide berms filter fabnc fences or barriers or sediment basins. 10. Designate washing areas for containers and other items that have come in contact with potential water pollutants. C Avoid overuse of substances such as pesticides and fertilizers which could produce contaminated runoff. 3.10 SANITARY FACILITIES A Provide the Project Site with adequate portable toilets for workers in accordance with Section 01500 — Temporary Facilities and Controls, and applicable health regulations. B Control areas where sanitary facilities are located so that sewage or chemicals will not be washed directly into receiving streams or storm water conveyance systems by using one or more of the following measures. 1. Inspect the facilities daily. 2. Service the facilities as often as necessary to maintain cleanliness and prevent overflows. 3. Stabilize the area with coarse aggregate 4. Maintain grade to prevent surface water from flowing over the area END OF SECTION 07/2006 01566 - 5 of 5 CITY OF PEARLAND TRENCH SAFETY SYSTEM Section 01570 TRENCH SAFETY SYSTEM 1.0 GENERAL 1.01 SECTION INCLUDES A. Trench safety system for the construction of trench excavations. B. Trench safety system for excavation of utilities, excavation of structures, and embankment which fall under provisions of federal, state, or local excavation safety laws. C. References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals Referenced Standards: 1. Occupational Safety and Health Administration (OSHA) E Definitions: 1. Trench. A narrow excavation (in relation to its depth) made below the surface of the ground. In general, the depth is greater than the width but the 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. 3. Trench safety systems include both Protective Systems and Shoring Systems but are not limited to sloping, sheeting, trench boxes or trench shields, slide rail systems, sheet piling cribbing, bracing, shoring, dewatenng or diversion of water to provide adequate drainage. 5/2013 01570 - 1 of 5 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. 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, no separate payment will be made for shoring systems under this Section. Include cost in Bid Items for trench safety 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. Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on structural 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 structures, and embankment which fall under provisions of 5/2013 01570 - 2 of 5 CITY OF PEARLAND TRENCH SAFETY SYSTEM federal, state, or local excavation safety laws. Design the Trench Safety Plan to be in accordance with OSHA Standards - 29CFR governing the presence and activities of individuals working in and around trench excavations, and in accordance with any Special Shoring requirements at locations shown on the Plans Include in the plan, submittal of the contact information for the Competent Person. C. Have Shop Drawings for trench safety systems sealed, as required by OSHA, by a Professional Engineer, licensed by the State of Texas, retained and paid by the Contractor. 1.04 REGULATORY REQUIREMENTS A. Install and maintain trench safety systems in accordance with the provision of Excavations, Trenching, and Shoring OSHA Standards-29 CFR, Part 1926, Subpart P, as amended, including Final Rule, published in the Federal Register Vol. 54, No. 209 on Tuesday October 31, 1989. The sections that are incorporated into these Technical Specifications, by reference, include Standard 1926.650 — 652. B. A reproduction of the OSHA Standards — 29 CFR included in Subpart P — `Excavations" from the Federal Register Vol. 54, No. 209 is available upon request to Contractors bidding on the Work The Owner assumes no responsibility for the accuracy of the reproduction. The Contractor is responsible for obtaining a copy of this section of the Federal Register. C. Include in the Trench Safety Program 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." D. Legislation that has been enacted by the State of Texas with regard to Trench Safety Systems is hereby incorporated, by reference, into these specifications Under Texas 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, its employees, and agents from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of 01570 - 3 of 5 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 program 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 federal trench safety laws. 2.0 PRODUCTS - NotUsed 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. 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 - 4 of 5 CITY OF PEARLAND TRENCH SAFETY SYSTEM 3.03 FIELD QUALITY CONTROL A. Verify specific applicability of the selected or specially designed trench safety systems to each field condition encountered on the Work. END OF SECTION 5/2013 01570 - 5 of 5 CITY OF PEARLAND 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 A. No separate payment will be made for design, fabrication, installation, and maintenance of project identification signs under this Section Include cost of work performed under this Section in the pay item for Section 01505 - Mobilization. B. If changes to project identification signs are requested by the City Engineer to keep them current, payment will be made by change order. C. Skid -mounted signs shall be relocated as directed by the City Engineer at no additional cost to the City. Post -mounted signs shall be relocated once, if directed in writing by the City Engineer, at no additional cost to the City. If a post -mounted sign is relocated more than once at the written direction of the City Engineer payment will be made by change order 1.03 SYSTEM DESCRIPTION A. Sign Construction: Project identification signs shall be constructed of new materials and painted new for the project. Construct post -mounted signs as shown on Construction Sign Details. B. Appearance: Project identification signs shall be maintained to present a clean and neat look throughout the project duration. C. Sign Manufacturer/Maker: Experienced as a professional sign company. D. Sign Placement: Place signs at locations as directed by the City Engineer. The City Engineer will provide sign placement instructions at the Pre -construction Meeting. 1. A linear project is one involving paving, overlay, sewer lines, storm drainage, or water mains that run in the right-of-way over a distance. A 10/2014 01580-1 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS linear project requires a project identification sign at each end of the construction site. 2. Single Site or Building Projects: Provide one project identification sign. 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 are preferred, but skid -mounted signs are allowed, especially for projects with noncontiguous locations where work progresses from one location to another. The skid structure shall be designed so that the sign will withstand a 60-mile-per-hour wind load directly to the face or back of the sign. Use stakes, straps, or ballast. Approval of the use of skid -mounted signs shall not release the Contractor from responsibility of maintaining a project identification sign on the project site and shall not make the City responsible for the security of such signs. 1.04 SUBMITTALS A. Submit shop drawings under provisions of Section 01350 - Submittal Procedures. B. Show content, layout, lettering style, lettering size, and colors. Make sign and lettering to scale, clearly indicating condensed lettering, if used. 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 fix top of sign at 6 FEET ABOVE GROUND. 2. Sign Supports and Skid Bracing: 2-inch by 4-inch wood framing material. 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 sign to posts. Secure with nuts and flat head washers at locations as recommended by Sign Manufacturer c. Cover button heads with white reflective film or paint to match sign background Sign and Sign Header: Use medium density overlaid marine plywood minimum 1/2-inch thick. Use full-size 4-foot by 8-foot sheets for sign and a single piece for header to minimize joints; do not piece wood to fabricate a sign face. C. Paint and Primers: White paint used to prime surfaces and to resist weathering shall be an industrial wade, fast -drying, oil -based paint with gloss finish. Paint structural 01580-2 10/2014 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 City Engineer at the Pre -construction Meeting or as described m part 1.03 of this Section. Position the sign in such a manner as to be fully visible and readable to the general public. C. Erect sign level and plumb. D. If mounted on posts, sink posts a minimum of 30 inches below grade in 10-inch diameter posthole. Stabilize posts with sharp sand or concrete to minimize lateral 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 c YCIE:IO1aEE [OUNCt iosmcir{l T01771CFRSQj1E - Wt uktbSijEON $ SCOjtsiitt SAH i Na1.01414 10TMooat A'OtPROTIM.,K��OTNA�IDtHIAJX °COVNCtPositip ;t GE G$IL1: PROJECT NAME LOCATED HERE PROJECT NO. 12345678 PROJECT SCHEDULE: MONTHIYEAR BUDGET: $DOLLAR AMOUNT ENGINEERIARCHITECT: NAME GOES HERE CONTRACTOR: rPuuert s1 CONTRACTOR NAME GOES HERE pMP: Qitiks cite40NElANSON ASSI tl1}'1XANAOIRr tpEt{13PC0.Shc11 pearlandtx.govldepartmentslengineering•capital-projectslprojects, 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 REQ'D.. First Impression rit,Infra u..w "A Pa.;r.J E=m 0313 A t1THtt D2".i➢U=LND VAS )ISU 2Srded 550D 26'Ee81646 Fv w...Dn,•sc".o-I ncon P AR Capital Improvement &gouge Layout /DOK6S: Various an'ISTAT: Pearland, Texas BAlI, October 2014 F0P"ituF1 capital improvement ❑ ❑ 4xll blank template adobe( 2014_...._._CI RaftS10HSx1EaY 1C1106PF.anfO F011'Y31 LUSEKURIEClD11'0UMXIt IE NMA6a0KMR016101101ERIFWM FVFIX91304111104a01034A110.1.1771 0. 5teit10801',JILMIIIMiIIIMIRWSOI faillfikISsONONDESCAMc 120 VOLT ELECTRICAL SERVICE WENT TD PROVIDE ALL PPoLWHY EEECI e1CN.5ERNCES TO THE EtGN LIMESS OTHERWISE SPECIFED. CLIENT APPROVAL 10/2014 01580-4 CITY OF PEARLAND MATERIAL AND EQUIPMENT Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications• 1. Section 01566 — Source Controls for Erosion & Sedimentation 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this work is a component. 1.03 PRODUCTS A Products: Means material, equipment, or systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components designated for 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, m order to simplify spare parts inventory and to allow for maximum interchangeability of components For multiple components of the same size, type or application, use the same make and model of component throughout the Work. 1.04 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600-1of3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. D Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping, marring, or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.07 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. B Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. 07/2006 01600-2of3 CITY OF PEARLAND MATERIAL AND EQUIPMENT C Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection. D Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the Project Manager. F Provide off -site storage and protection when on -site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. Damage to lawns, sidewalks, streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss or damage. I Store materials in manufacturers' unopened containers. J Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Pubhc and private drives and street crossings shall be kept open. K The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet, unless otherwise approved in writing by the Project Manager. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01600-3of3 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' Approval of alternate products not listed in the Technical Specifications may be obtained through provisions of this Section and Section 01350 - Submittals. The procedure for approval of alternate products is not applicable to Pre -approved Products. C Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make or source. Where more than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. 07/2006 01630 - l of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.05 CONTRACTOR'S RESPONSIBILITY A Furnish information the Engineer deems necessary to judge equivalency of the alternate product. B Pay for laboratory testing as well as any other review or examination cost needed to establish the equivalency between products which enables the Engineer to make such a judgment. C If the Engineer determines that an alternate product is not equivalent to that named in the Technical Specifications, the Contractor shall furnish one of the specified products. 1.06 ENGINEER'S REVIEW A Alternate products may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. B Alternate products will be accepted if the product is judged by the Engineer to be equivalent to the specified product or to offer substantial benefit to the Owner. C The Owner retains the right to accept any product deemed advantageous to the Owner, and similarly, to reject any product deemed not beneficial to the Owner. 1.07 SUBSTITUTION PROCEDURE A Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the Approved Product specified. B Submit a written request for a product to be considered as an alternate product along with the product information within fourteen (14) days after the Effective Date of the Agreement. C After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. D Submit 5 copies of each request for alternate product approval. Include the following information* 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards c. Samples, as applicable. d. Name and address of similar projects on which product was used and date of installation. Include the name of the Owner, Architect/Engineer, and installing contractor. 07/2006 01630-2of3 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 07/2006 01630-3of3 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 required for Measurement and Payment and to provide appropriate controls for the Work Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading; fill and topsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Mounumented Baseline. D Verify periodically layouts by same means. 2.0 PRODUCTS - NotUsed 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 - Not Used 3.0 EXECUTION 3.01 PREPARATION A Contractor shall conduct all start-up operations under this Contract in conformance with Section 01430 — Contractor's Quality Control. B Coordinate schedule for start-up of various equipment and systems. C Notify Engineer 7 days prior to startup of each item. D Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. E Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. 07/2006 01750-1of2 CITY OF PEARLAND STARTING SYSTEMS F Verify wiring and support components for equipment are complete and tested. G Execute start-up under Contractor's supervision in accordance with manufacturer's instructions. H When specified in individual specification sections, require manufacturer to provide authorized representative to be present at site to inspect, check and approve equipment or system installation prior to and during start-up, and to supervise placing equipment or system in operation. 3.02 DEMONSTRATION AND INSTRUCTIONS A Demonstrate operation and maintenance of products to Owner two weeks minimum prior to date of Substantial Completion. B Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owner in detail to explain all aspects of operation and maintenance. C Demonstrate start-up, operation, control, adjustment, trouble -shooting, servicing, maintenance, and shutdown of each item of equipment at agreed -upon times, at equipment location. D Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. 3.03 TESTING, ADJUSTING, AND BALANCING A Contractor shall start test, adjust, balance, and provide reports on all installed equipment as provided for in this section. B Owner may also appoint, employ, and pay for services of an independent firm to perform testing, adjusting, and balancing. Reports will be submitted by the independent firm to the Owner indicating observations and results of the tests and indicating compliance or non-compliance with specified requirements and with the requirements of the Contract Documents. C Owner' s employment of an independent firm shall not relieve the Contractor' s responsibility under this section. END OF SECTION 07/2006 01750-2of2 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 - Not Used 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770 — Contract Closeout. END OF SECTION 07/2006 01760-2of2 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 01770-1of2 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 -Not Used 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 01770-2of2 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 1. Section 01200 — 2. Section 01350 — 3. Section 01450 — 4. Section 01500 — 5. Section 02255 — 6. Section 02330 — 7. Section 01140 Specifications: Measurement and Payment Procedures Submittals Testing Laboratory Services Temporary Facihties 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, ` Standaid 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" diameter or larger limbs and roots, to depth of 2 feet below lower elevation of excavation. 2. On areas required for embankment construction, remove 2" diameter limbs, stumps and roots to depth of 2 feet below ground surface 3. Trees and stumps may be cut off as close to natural ground as practicable on areas which are to be covered by at least 3 feet of embankment D Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 6 inches loose depth, and thoroughly compact to density equal to adjacent original ground. E Complete operations by bulldozing, blading, and grading so that prepared area is free of holes, unplanned ditches, abrupt changes in elevations and irregular contours, and preserve drainage of area. 1. Blade entire area to prevent ponding of water and to provide drainage, except in areas to be immediately excavated 07/2006 02200 - 2 of 4 CITY OF PEARLAND SITE PREPARATION 3.02 TOPSOIL STRIPPING AND STOCKPILING A Obtain approval of topsoil quality before excavating and stockpiling. B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated. C Topsoil Stripping: 1. Remove growths of grass from areas before stripping. 2. Topsoil is defined as surface soil found of depth of not less than 4 inches. 3. Strip topsoil to depths encountered. 4. Perform stripping in a manner to prevent intermingling of topsoil with underlying sterile subsoil and remove objectionable materials, including clay lumps, stones over 2 in. in diameter, weeds, roots, leaves, and debris. 5. Where trees are designated by Owner to be left standing, stop topsoil stripping at extreme limits of tree drip line to prevent damage to main root system. D Topsoil Stockpiling: 1. Stockpile in areas designated on Plans. 2. Construct storage piles to freely drain surface water. 3. Cover storage piles, if required to prevent wind-blown dust. 4. Stockpile topsoil to depth not exceeding 8 feet. Stockpile in a manner to prevent erosion. 3.03 UNSUITABLE MATERIAL A Undercut, remove, and replace material which Engineer designates as unsuitable for subsequent construction. B Material used to replace unsuitable material shall be suitable material from site excavation or as indicated on Plans. 3.04 EXCAVATION AND FILL A Depressed site areas shall be filled using material from high areas, insofar as practicable. B When fill obtained from high areas is exhausted, fill to indicated rough grade elevations under roadways with "Structural Fill" and open areas not under structures or roadways with "General Fill", or as indicated on Plans. C Place and compact fill in accordance with Section 02330 — Embankment. 3.05 SALVAGEABLE ITEMS AND MATERIAL A Items designated by Engineer to be salvaged are to be carefully removed, so as to cause no damage to the salvaged items and delivered to Owner s storage yard. 02200 - 3 of 4 07/2006 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 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 Curing 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 Aggregate" 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 for 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 per 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. 02252 - 1 of 5 02/2009 CITY OF PEARLAND 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. CEMENT STABILIZED SAND 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 a minimum 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 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. 02/2009 02252-2of5 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 a minimum of 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 One sample of cement stabilized sand shall be obtained for each 150 tons of material placed per day with no less than one sample per day of production. Random samples of dehvered cement stabilized sand shall be taken in the field at point of delivery in accordance with ASTM 3665. Obtain three individual samples of approximately 12 to 15 lb each from the first, middle, and last third of the truck and composite them into one sample for test purpose. D Prepare and mold four specimens (for each sample obtained) in accordance with ASTM D558 Method A, without adjusting moisture content. Samples will be molded at approximately same time material is being used, but no later than 4 hours after water is added to mix. E After molding, specimens will be removed from molds and cured in accordance with ASTM D 1632. 02/2009 02252 - 3 of 5 CITY OF PEARLAND CEMENT STABILIZED SAND F Specimens will be tested for compressive strength in accordance with ASTM D 1633, Method A. Two specimens will be tested at 48 hours plus or minus 2 hours and two specimens will be tested at 7 days plus or minus 4 hours. G A strength test will be average of strengths of two specimens molded from same sample of material and tested at same age. Average daily strength will be average of strengths of all specimens molded during one day's production and tested at same age. H Precision and Bias: Test results shall meet recommended guideline for precision in ASTM D 1633 Section 9. Reporting Test reports shall contain, as a minimum, the following information: 1. Supplier and plant number 2. Time material was batched 3. Time material was sampled 4. Test age (exact hours) 5. Average 48-hour strength 6. Average 7-day strength 7. Specification section number 8. Indication of compliance / non-compliance 9 Mixture identification 10. Truck and ticket numbers 11. The time of molding 12. Moisture content at time of molding 13. Required strength 14. Test method designations 15. Compressive strength data as required by ASTM D 1633 16. Supplier mixture identification 17. Specimen diameter and height, in. 18. Specimen cross -sectional area, sq. in. J The cement content will be checked on samples obtained in the field whenever there are apparent changes in the mix properties. 3.03 ACCEPTANCE A Strength level of material will be considered satisfactory if: 1. The average 48-hour strength is greater than 100 psi with no individual strength test below 70 psi. 2. All 7-day individual strength tests (average of two specimens) are greater than or equal to100 psi. B Material will be considered deficient when 7-day individual strength test (average of two specimens) is less than 100 psi but greater than 70 psi. See Paragraph 3.04 Adjustment for Deficient Strength. C The material will be considered unacceptable and subject to removal and replacement at Contractois expense when individual strength test (average of two specimens) has 7-day strength less than 70 psi 02/2009 02252 - 4 of 5 CITY OF PEARLAND CEMENT STABILIZED SAND D When moving average of three daily 48-hour averages falls below 100 psi, discontinue shipment to project until plant is capable of producing material, which exceeds 100 psi at 48 hours. Five 48-hour strength tests shall be made in this determination with no individual strength tests less than 100 psi. E Testing laboratory shall notify Contractor, Project Manager, and material supplier by facsimile of tests indicating results falling below specified strength requirements within 24 hours. F If any strength test of laboratory cured specimens falls below the specified strength, Contractor may, at his own expense, request test of cores drilled from the area in question in accordance with ASTM C42. In such cases, three (3) cores shall be taken for each strength test that falls below the values given in 3.03.A. G Cement stabilized sand in an area represented by core tests shall be considered satisfactory if the average of three (3) cores is equal to at least 100 psi and if no single core is less that 70 psi. Additional testing of cores extracted from locations represented by erratic core strength results will be permitted. 3.04 ADJUSTMENT FOR DEFICIENT STRENGTH A When mixture produces 7-day compressive strength greater than or equal to 100 psi, then material will be considered satisfactory and bid price will be paid in full. B When mixture produces 7-day compressive strength less than 100 psi and greater than or equal to 70 psi, material shall be accepted contingent on credit in payment Compute credit by the following formula: Credit per Cubic Yard = $30.00 x 2 (100 psi - Actual psi) 100 C When mixture produces 7-day compressive strength less than 70 pounds per square inch, then remove and replace cement -sand mixture and paving and other necessary work at no cost to City. END OF SECTION 02/2009 02252 - 5 of 5 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 lock, little or no fines (GW, SW): a. Plasticity index: non -plastic. b. Gradation: D60/D10 - greater than 4 percent; amount passing No. 200 sieve - less than or equal to 5 percent. 2. Class II• 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. Borderhne gradations with dual classifications (e.g., SP-SM): amount passing No. 200 sieve - between 5 percent and 12 percent. 3. Class III: 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 or 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 requirements for suitable soils after treatment with, for 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 of 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: SIEVE PERCENT PASSING 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 Concrete Crushed concrete is an acceptable substitute for crushed stone as utility backfill. Gradation 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 PASSING BY WEIGHT FOR PIPE PERCENT SIZES BY RANGES OF NOMINAL PIPES EMBEDMENT >15" 15" - 8" <8" 1" 95 - 100 100 - 3/4" 90 100 100 60 - 90 — 1/2" 90 100 25 - 60 - — 3/8" 20 55 40 - 70 - — No. 4 0— 10 0 - 15 0 - 5 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 diainage 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 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 — 01350 01760 — 01570 — 01450 — 01500 — 02255 — 02910 — 01564 — 01720 — 02220 — 02200 — 01140 — C Referenced Standards* 1. Measurement and Payment Procedures Submittals Project Record Documents Trench Safety System Testing Laboratory Services Temporary Facilities and Controls Bedding, Backfill and Embankment Material Topsoil Control of Ground Water and Surface Water Field Surveying Site Demolition Site Preparation Contractor's Use of Premises 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 1556, "Standard Test Method for Density and Unit Weight of Soil in Place by the Sand -Cone Method" c. ASTM D 2922, Standard Test Method for Density of Soil and Soil - Aggregate in Place by Nuclear Methods (Shallow Depth)" d. 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. D 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 02330-2of5 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 backfill 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 material evenly, from dumped piles or windrows, into horizontal layers approximately parallel to finished grade Place to meet specified compacted thickness. Break clods and lumps and mix materials 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 re -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 SUBGRADE Section 02335 SUBGRADE 1.0 GENERAL 1.01 SECTION INCLUDES A. Foundation course of lime and Portland Cement stabilized in situ subgrade material. B. References to Technical Specifications: 1. Section 01200 2. Section 01350 3. Section 01450 4. Section 01500 5. Section 01564 6. Section 01720 7. Section 01140 — Measurement and Payment Procedures — Submittals - Testing Laboratory Services — Temporary Facilities and Controls — Control of Ground Water and Surface Water — Field Surveying — Contractor's Use of Premises C. 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' b. ASTM D 698, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort' 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 - Aggregate 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)" f. ASTM C 150 - Standard Specification foi Portland Cement. ASTM D 558 - Standard Test Method for Moisture -Density Relations of Soil -Cement -Mixtures. g• 1.02 MEASUREMENT AND PAYMENT A. Measuiement for subgrade is on a square yard basis. Separate payment will be made for each different requited type and thickness of stabilized Subgrade. Limits of measurement shall match actual pavement replaced but no greater than maximum pavement replacement limits shown on Drawings. Limits for measurement will be extended to include installed stabilized subgrade material that extends 2 foot beyond outside edge of pavement to be replaced, except where proposed pavement section 5/2013 02335 - 1 of 10 CITY OF PEARLAND SUBGRADE shares common longitudinal or transverse edge with existing pavement section. No payment will be made for stabilized subgrade in areas beyond these limits. B. Measurement for hydrated lime and quicklime is by the ton of 2,000 pounds dry - weight basis, determined by the area to be covered and the late of application. Do not include cost of hydrated lime or quicklime in Bid Item for subgrade. C. Measurement for lime slurry is by the ton of 2,000 pounds of lime calculated on the percentage by weight of dry solids for the grade of slurry. Do not include cost of lime slurry in Bid Item for subgrade. D. Measurement for Portland Cement is by the ton of 2,000 pounds of dry weight basis. Do not include cost of Portland Cement in Bid Item foi subgrade. E 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 certificates stating that hydrated lime, commercial lime slurry and quicklime complies with the requirements in this Section. C. Submit weight tickets, certified by supplier, with each bulk delivery of lime to Project Site. D. Submit manufacturer's description and characteristics for rotary speed mixer and compaction equipment for approval. 1.04 TESTING AND SAMPLING A. Testing will be performed under provisions of Section 01450 — Testing Laboratory Services. B. Tests and analysis of soil materials will be performed in accordance with ASTM D 4318. C. Sampling and testing of lime slurry shall be in accordance with Tex-600-J. D. Sample mixtures of Portland Cement, hydrated lime or quicklime in slurry form will be tested to establish compliance with the requirements in this Section. E Soil will be evaluated to establish percent of hydrated lime, quicklime, or lime slurry to be applied to subgrade material. F. Moisture -density relationship will be established on material sample from roadway, after stabilization, in accordance with ASTM D 698. 5/2013 02335 - 2 of 10 CITY OF PEARLAND SUBGRADE G. Soil will be evaluated to establish ratio of cement to soil to obtain desired stability. Normal range is 6 percent to 10 percent by weight. H. The percentage of moisture in soil, at time of cement application, will be determined by ASTM D 558. Moisture will not be allowed to exceed quantity that will permit uniform, complete mixture of soil and cement during dry mixing operations nor specified optimum moisture content for soil cement mixture, as determined. 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. 1.06 DELIVERY, STORAGE, AND HANDLING A. Bagged lime shall bear manufacturer's name, product identification, and certified weight. Bags varying more than 5 percent of certified weight may be rejected; average weight of 50 random bags in each shipment shall not be less than certified weight. B. Store lime in weatherproof enclosures. Protect lime from ground dampness. C. Quicklime can be dangerous; exercise extreme caution if used for the Work. Contractor shall become informed about recommended precautions in the handling, storage and use of quicklime. 2.0 PRODUCTS 2.01 WATER A. Water shall be clean; clear; and free from oil, acids, alkali, or organic matter. 2.02 LIME A. Type A - Hydrated Lime: Dry material consisting essentially of calcium hydroxide or mixture of calcium hydroxide and an allowable percentage of calcium oxide and magnesium hydroxide. B. Type B - Lime Slurry: Liquid mixture consisting essentially of lime solids and water in slurry form. Water or liquid portion shall not contain dissolved material in sufficient quantity to be injurious or objectionable for purpose intended. C. Type C - Quicklime. Dry material consisting essentially of calcium oxide. Furnish quicklime in either of the following grades: 5/2013 02335 - 3 of 10 CITY OF PEARLAND SUB GRADE 1. Grade DS: Pebble quicklime of a gradation suitable for use in the preparation of a slurry for wet placing. 2. Grade S: Finely -graded quicklime for use in the preparation of a slurry for wet placing. Do not use Grade S quicklime foi dry placing. (So called "Blue Lime" is not acceptable.) D. Lime shall conform to following requirements: CHEMICAL COMPOSITION TYPE A B C Active % by weight lime content Ca(OH)2 + Ca0 90.0 mini 87.0 mine - Unhydrated lime content, % by weight CaO 5.0 - 87.0 min max water content, % by weight H2O 5.0 max - - Free SIZING Wet Sieve, as % by weight residue retained: No. 6 0.2 max 0.2 max2 8.0 max3 No. 30 4.0 max 4.0 max2 - Dry sieve, as % by weight residue retained: 1-inch - - 0.0 3/4-inch - - 10.0 max Notes: Maximum 5.0% by weight CaO shall be allowed in determining total active lime content. 2 Maximum solids content of slurry. 3 Total active lime content, as CaO, in material retained on the No. 6 sieve shall not exceed 2.0% by weight of original Type C lime. E Lime Slurry may be delivered to the Project Site as Commercial Lime Slurry, or may be prepared at the Project Site using Hydrated Lime or Quicklime. The slurry shall be free of liquids other than water and shall be of a consistency that can be handled and uniformly applied without difficulty. 2.03 PORTLAND CEMENT (ONLY WHEN DIRECTED BY ENGINEER) A. ASTM C 150 Type I, bulk or sacked. 5/2013 02335 - 4 of 10 CITY OF PEARLAND SUBGRADE 2.04 SOIL A. Provide soil consisting of approved material free from vegetation or other objectable matte' encountered in existing roadbed. 3.0 EXECUTION 3.01 EXAMINATION A. Verify backfill of new or relocated utilities and structures below future grade is complete. B. Verify compacted subgrade is ready to support imposed loads C. Verify subgrade lines and grades are correct. 3.02 PREPARATION A. Install and operate necessary dewatering and surface water control measures in accordance with requirements of Section 01564 — Control of Ground Water and Surface Water. B. Identify required lines, levels, and datum. Coordinate with Section 01720 — Field Surveying. C. Cut material to bottom of subgrade using an approved cutting and pulverizing machine meeting following requirements: 1. Cutters accurately provide a smooth surface over entire width of cut to plane of secondary grade. 2. Visible indication that cut is to proper depth. D. Alternatively scarify or excavate to bottom of stabilized subgrade. Remove material or windrow to expose secondary grade. Correct wet or unstable material below secondary grade by scarifying, adding lime, and compacting. Obtain uniform stability. E 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 LIME SLURRY APPLICATION A. Mix hydrated lime or quicklime with water to form a slurry of the solids content specified. Commercial lime slurry shall have dry solids content as specified. Conform to cautionary requirements in this Section, 1.06C, concerning use of quicklime. 5/2013 02335 - 5 of 10 CITY OF PEARLAND SUB GRADE B. Apply slurry with a distributor truck equipped with an agitator to keep lime and water in a consistent mixture. Make successive passes over measured section of roadway to attain proper moisture and lime content. Limit spreading to an area where preliminary mixing operations can be completed on the same working day. 3.04 PRELIMINARY MIXING A. Do not mix and place material when temperature is below 40 degrees F and falling. Base may be placed when temperature taken in shade and away from artificial heat is above 35 degrees F and rising B. Use approved single -pass or multiple -pass rotary speed mixers to mix soil, lime, and water to required depth. Obtain a homogeneous friable mixture free of clods and lumps. C. Shape mixed subgrade to final lines and grades. D. Seal subgrade as a precaution against heavy rainfall by rolling lightly with light pneumatic rollers. E Cure soil -lime material for 1 to 4 days. Keep subgrade moist during cure. 3.05 FINAL MIXING A. Use approved single -pass or multiple -pass rotary speed mixers to uniformly mix cured soil and lime to required depth. B. Add water to bring moisture content of soil mixture to a minimum of optimum or above. C. Mix and pulverize until all material passes a 1 inch sieve; a minimum of 90 percent, excluding non -slaking fractions, passes a 3/4-inch sieve; and a minimum of 65 percent excluding non -slaking fractions passes a No. 4 sieve. D. Shape mixed subgrade to final lines and grades. E Do not expose hydrated lime to open air for more than 6 hours during interval between application and mixing. Avoid excessive hydrated lime loss due to washing or blowing. 3.06 MIXING - PORTLAND CEMENT (ONLY WHEN DIRECTED BY ENGINEER) A. Do not place and mix cement when temperature is below 40 degrees F and falling Place Poitland Cement base when temperature taken in shade and away from artificial heat is above 35 degrees F and rising. 5/2013 02335 - 6 of 10 CITY OF PEARLAND SUBGRADE B. Spread cement uniformly on soil at late specified by laboratory. When bulk cement spreader is used, position it by string lines or other approved method to ensuie uniform distribution of cement. Apply cement only to area where operations can be continuous and completed in daylight, within 1 hour of application. Amount of moisture in soil at time of cement placement shall not exceed quantity that will permit uniform mixture of soil and cement during dry mixing operations. Do not exceed specified optimum moisture content for soil cement mixture. C. Do not allow equipment other than that used in spreading and mixing, to pass over freshly spread cement until it is mixed with soil. D. Dry mix cement with soil after cement application. Continue mixing until cement has been sufficiently blended with soil to prevent formation of cement balls when water is applied. Mixture of soil and cement that has not been compacted and finished shall not remain undisturbed for more than 30 minutes. E Immediately after dry mixing is complete, uniformly apply water as necessary and incorporate it into mixture. Pressurized equipment must provide adequate supply to ensuie continuous application of required amount of water to sections being processed within 3 hours of cement application Ensure proper moisture distribution at all times After last increment of water has been added, continue mixing until thorough and uniform mix has been obtained. F. Ensure percentage of moisture in mixture, based on dry weights, is within 2 percentage points of specified optimum moisture content prior to compaction. When uncompacted soil cement mixture is wetted by rain indicating that average moisture content exceeds tolerance given at time of final compaction, reconstruct entire section in accordance with this Section at no additional cost to City. 3.07 COMPACTION - LIME SUBGRADE A. Aerate or sprinkle to attain optimum moisture content as determined by Testing Laboratory. Remove and reconstruct sections where average moisture content exceeds ranges specified at time of final compaction. B. Start compaction immediately after final mixing, unless approved by Engineer. C. Spread and compact in two or more approximately equal layers where total compacted thickness is to be greater than 8 inches. D. Compact with approved heavy pneumatic or vibrating rollers, or a combination of tamping rollers and light pneumatic rollers. Begin compaction at the bottom and continue until entire depth is uniformly compacted. E Do not allow stabilized base to mix with underlying material. Correct irregularities or weak spots immediately by replacing material and re -compacting. 5/2013 02335 - 7 of 10 CITY OF PEARLAND SUBGRADE F. Compact to following minimum densities at a moisture content of optimum to 3 percent above optimum as determined by ASTM D 698, unless otherwise indicated on the Plans: 1. Areas to receive pavement without subsequent base course: Minimum density of 98 percent of maximum dry density. 2. Areas to receive subsequent base course: Minimum density of 95 percent of maximum dry density. G. Seal with approved light pneumatic tired rollers: Prevent surface hair line cracking. Rework and re -compact at areas where hair line cracking develops. H. Contractor shall conduct operations to minimize elapsed time between mixing and compacting stabilized subgrade in order to take advantage of rapid initial set characteristics. Complete compaction within 2 hours of commencing compaction and not more than 6 hours after adding and mixing the last stabilizing agent. 3.08 COMPACTION - PORTLAND CEMENT SUBGRADE (ONLY WHEN DIRECTED BY ENGINEER) A. Prior to beginning compaction, ensure mixture is in loose condition for its full depth. Uniformly compact the loose mixture to specified density, lines and grades. B. After soil and cement mixture is compacted, apply water uniformly as needed and mix thoroughly. Then reshape surface to required lines, glades and cross section and lightly scarify to loosen imprints left by compacting or shaping equipment. C. Roll resulting surface with pneumatic -tired roller and "skin" surface with power grader. Thoroughly compact mixture with pneumatic roller, adding small increments of moisture, as needed. When aggregate larger than No. 4 sieve is present in mixture, make one complete coverage of section with flat -wheel roller immediately after skinning operation. When approved by Pioject Manager, surface finishing methods may be varied from this procedure, provided dense uniform surface, free of surface compaction planes, is produced. Maintain moisture content of surface material at its specified optimum during finishing operations Compact and finish surface within period not to exceed 2 hours, to produce smooth, closely knit surface, free of cracks, ridges, or loose material, conforming to crown, grade and line shown on Drawings within period not to exceed 2 hours. 3.09 CURING A. Moist cure for a minimum of 3 days before placing base or surface course, or opening to traffic. Time may be adjusted as approved by Engineer. Subgrade may be opened to traffic after 2 days if adequate strength has been attained to pi event damage. Restrict traffic to light pneumatic rollers or vehicles weighing less than 10 tons. 5/2013 02335 - 8 of 10 CITY OF PEARLAND SUBGRADE B. Keep subgrade surface damp by sprinkling. Roll with light pneumatic roller to keep surface knit together. C. Place base, surface, or seal course within 14 days after final mixing and compaction unless prior approval is obtained from Engineer. 3.10 TOLERANCES A. Top of compacted surface: Plus or minus 1/4 inch in cross section or in 16 foot length. 3.11 FIELD QUALITY CONTROL A. A minimum of three phenolphthalein test will be made at random locations per 1000 linear feet per lane of roadway or 500 square yards of base to determine in -place depth. B. Contractor may, at his own expense request additional cores in the vicinity of cores indicating nonconforming in -place depths If the average of the tests falls below the required depth, place and compact additional material at no cost to the Owner. C. Compaction Testing will be performed in accordance with ASTM D 1556 or ASTM D 2922 and ASTM D 3017 at random locations near depth determination tests. Three tests will be performed for each 1000 foot roadway section. Rework and re -compact areas that do not conform to compaction requirements at no cost to the Owner. 3.12 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. Fill test pits with new compacted lime stabilized subgrade. C. Completed surface shall be smooth and conform to typical section and established lines and grades. D. In unpaved areas, grade surface as a uniform slope from installed appurtenances to natural grade and stabilize as indicated on Plans. 3.13 PROTECTION OF THE WORK A. Maintain stabilized Subgrade to lines and grades and in good condition until placement of base or surface course. B. Protect the asphalt membrane, if used, from being picked up by traffic. 5/2013 02335 - 9 of 10 CITY OF PEARLAND SUBGRADE C. Repair settlements, areas with loss of density, or areas of subgrade damaged by Contractor's operations at no additional cost to Owner by replacing and re -compacting material to full depth. D. 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 02335 - 10 of 10 CITY OF PEARLAND WATER AND WASTEWATER LINE VALVES Section 02541 WATER AND WASTEWATER LINE VALVES 1.0 GENERAL 1.01 SECTION INCLUDES A Gate valves, Plug Valves, Butterfly Valves, Air Release and Pressure Reducing Valves. B References to Technical Specifications: 1. Section 01200 — Measuiement and Payment Procedures 2. Section 01350 - Submittal Procedures 3. Section 02520 — Valve Boxes, Meter Boxes, and Meter Vaults 4. Section 02542 — Concrete Manholes 5. Section 02318 — Excavation and Backfill for Utilities 6. Section 02510 — Water Mains C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM A 307, "Standard Specification for Carbon Steel Bolts and Studs, 60 000 PSI Tensile Strength" b. ASTM B 763, `Standard Specification for Copper Alloy Sand Casting for Valve Applications" c. ASTM B 62, "Standard Specification for Composition Bronze or Ounce Metal Castings" d. ASTM D 429, "Standard Test Methods for Rubber Property -Adhesion to Rigid Substrates" e. ASTM A 126, `Standard Specification for Gray Iron Castings for Valves, Flanges, and Pipe Fittings" f. ASTM A 48, "Standard Specification for Gray Iron Castings" g. ASTM A 240, "Standard Specification for Chromium and Chromium - Nickel Stainless Steel Plate, Sheet, and Strip for Pressure Vessels and for General Applications' h. ASTM A 276, ' Standard Specification for Stainless Steel Bars and Shapes' i. ASTM B 584, "Standard Specification for Copper Alloy Sand Castings for General Applications" j. ASTM A 313, ` Standard Specification for Stainless Steel Spring Wire" 2. American Water Works Association (AWWA) a. AWWA C500 Gate Valves, 3 Through 48 in. NPS, for Water and Sewage Systems. b. AWWA C509 or AWWA C515 Resilient -seated Gate Valves, 3 through 12 NPS for Water and Sewage Systems c. AWWA C550 Protective Epoxy Interior Coatings for Valves and Hydrants d. AWWA C504 Rubber -Sealed Butterfly Valves 04/2009 02541 - 1 of 8 CITY OF PEARLAND WATER AND WASTEWATER LINE VALVES 3. American National Standards Institute (ANSI) 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item no separate payment will be made for valves under this Section Include cost in Bid Items for water mains. B Refer to Section 01200 — Measurement and Payment Procedures. C Stipulated Price (Lump Sum) If the Contract is a Stipulated Price Contract, payment for work in this Section is included in the total Stipulated Price. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit manufacturer's product data for proposed valves for approval. 1.04 QUALITY CONTROL A Submit manufacturer's affidavit that gate valves are manufactured in the United States and conform to stated requirements of AWWA C500, AWWA C509 and AWWA C515 and this Section, and that they have been satisfactorily tested in the United States in accordance with AWWA C500, AWWA C509 and AWWA C515. 2.0 PRODUCTS 2.01 GATE VALVES A Gate Valves: AWWA C500, AWWA C509 or C515 and additional requirements of this Section. Direct bury valves and those in subsurface vaults, aboveground and plant valves open counterclockwise. B If type of valve is not indicated on Plans, use gate valves as line valves for sizes less than 16-inches If type of valve is indicated, no substitute is allowed. C Gate Valves 1-1/2 Inches in Diameter and Smaller: 125 psig; bronze; rising -stem; single -wedge; disc type, screwed ends; such as Crane No. 428, or approved equal. D Coatings for Gate Valves 2 Inches and Larger: AWWA C550; Indurall 3300 or approved equal, non -toxic, imparts no taste to water, functions as physical, chemical, and electrical barrier between base metal and surroundings, minimum 8-mil-thick, fusion -bonded epoxy. Prior to assembly of valve, apply protective coating to interior and exterior surfaces of body. E Gate Valves 2 Inches in Diameter• Iron body, double gate, non -rising stem, 150-pound test, 2 inch square nut operating clockwise to open. 04/2009 02541 - 2 of 8 CITY OF PEARLAND WATER AND WASTEWATER LINE VALVES F Gate Valves 4 Inches to 12 Inches in Diameter: Non -directional, resilient seated (AWWA C509 or AWWA C515) or parallel seat double disc (AWWA C500), 200 psig, bronze mounting, push -on bell ends with rubber joint rings, and nut -operated unless otherwise specified. Provide resilient seated valves manufactured by American Darling AFC-500 US Pipe Metroseal 200, or approved equal. Provide double disc valves manufactured by American Darling 52, Clow F-6102, or approved equal. Comply with following requirements: 1. Design: Fully encapsulated rubber wedge or rubber seat ring mechanically attached with minimum 304 stainless -steel fasteners or screws; threaded connection isolated from water by compressed rubber around opening. 2. Body: Cast or ductile iron, flange bonnet and stuffing box together with ASTM A 307 Grade B bolts. Manufacturer's initials, pressure rating, and year manufactured shall be cast in body. 3. Bronze: Valve components in waterway to contain not more than 15 percent zinc and not more than 2 percent aluminum. 4. Stems. ASTM B 763 bronze, alloy number 995 minimum yield strength of 40,000 psi; minimum elongation in 2 inches of 12 percent, non -rising. 5. O-rings• AWWA C509, sections 2.2.6 and 4.8.2. 6. Stem Seals: Consist of three 0-rings, two above and one below thrust collar with anti -friction washer located above thrust collar. 7 Stem Nut Independent or integrally cast of ASTM B 62 bronze 8. Resilient Wedge: Molded, synthetic rubber, vulcanized and bonded to cast or ductile iron wedge or attached with 304 stainless steel screws tested to meet or exceed ASTM D 429, Method B; seat against epoxy -coated surface in valve body. 9. Bolts: AWWA C509 Section 4.4; stainless steel; cadmium plated, or zinc coated. G Gate Valves 16 Inches to 24 Inches in Diameter: AWWA C500 by Mueller; push -on bell ends with rubber rings and nut -operated unless otherwise specified, double disc, 150 psi, and comply with the following: 1. Body: Cast or ductile iron; flange together bonnet and stuffing box with ASTM A 307 Grade B bolts. Manufacturer's initials pressure rating, and year manufactured shall be cast in body Equip with rollers, tracks, and scrapers. 2. Stems: Machined from ASTM B 62 bronze iod with integral forged thrust collar machined to size; non -rising. 3. Stem Seals: Consist of one 0-ring above and one 0-ring below thrust collar with anti -friction washer located above thrust collar for operating torque. 4. Stem Nut: Independent or integrally cast of ASTM B 62 bronze. 5. Discs: Cast iron with bronze disc rings securely peened into machined dovetailed grooves. 6. Wedging Device: Solid bronze or cast-iron, bronze -mounted wedges. Thin plates or shapes integrally cast into cast-iron surfaces are acceptable. Other moving surfaces integral to wedging action shall be bronze monel or nickel alloy -to -iron. 04/2009 02541 3 of 8 CITY OF PEARLAND WATER AND WASTEWATER LINE VALVES 7. Bronze Mounting: Built as integral unit mounted over, or supported on, cast iron base and of sufficient dimensions to be structurally sound and adequate for imposed forces. 8. Gear Cases: Cast iron; furnished on 18-inch and larger valves and of extended type with steel side plates, lubricated, gear case enclosed with oil seal or 0- rings at shaft openings. 9. Stuffing Boxes: Located on top of bonnet and outside gear case. H Gate Valves 20 Inches and Larger: Furnish and equip with bypass valves. 1. Sizes: Provide 3-inch bypass valves for 16-inch through 20 inch gate valves. Provide 4-inch bypass valves for 24-inch gate valves. I Valves 4 Inches through 12 Inches for Installation in Vertical Pipe Lines: 1. Double disc, square bottom. J Valves 14 Inches and Larger for Installation in Horizontal Pipe Lines: 1. Equipped with bronze shoes and slides. K Gate Valves Installed at Greatei than 4 foot Depth: 1. Provide non -rising, extension stem having coupling sufficient to attach securely to operating nut of valve. Upper end of extension stem shall terminate in square wrench nut no deeper than 4 feet from finished grade. L Gate Valves in Factory Mutual (Fire Service) Type Meter Installations: 1. Conform to provisions of this specification; outside screw and yoke valves; carry label of Underwriters Laboratories, Inc.; flanged, Class 125; clockwise to close. M Provide flanged joints when valve is connected to steel or PCCP. 2.02 BUTTERFLY VALVES AND ACTUATORS Butterfly Valves and Actuators: Conform to AWWA C504, except as modified or supplemented herein. Provide valves manufactured by Keystone International, American -Darling, or approved equal. B If type of valve is not indicated on Plans, butterfly valves shall be used for line valve sizes 16 inch and larger If type of valve is specified, no substitute will be allowed. C Butterfly valves shall be short -body, flanged design and installed at locations as shown on Plans. A D Direct -bury valves, valves in subsurface vaults. Above -ground and plant valves shall open counterclockwise. E Provide flanged joints when valve is connected to steel or PCCP. F Butterfly Valves and Actuators (Additional Requirements for Large -Diameter Water Mains) Valves larger than 72 inches in diameter shall have all components designed 04/2009 02541 4 of 8 CITY OF PEARLAND WATER AND WASTEWATER LINE VALVES so that the allowable stresses at rated pressure shall not exceed one-third of the yield strength or one -fifth of the ultimate strength of the material used. Provide valves manufactured by Keystone International, American -Darling, or equal. 2.03 BUTTERFLY VALVE CONSTRUCTION A Valves: AWWA C504, Class 150B. Body: Cast iron, ASTM A 126, Class B. Flanges: ANSI B 16.1, Class 125 ib. B Discs for Butterfly Valves: Either cast iron or ductile iron. C Seats: Buna-N or neoprene, and may be applied to disc or body. Seats shall be mechanically secured and may not rely solely on adhesive properties of epoxy or similar bonding agent to attach seat to body. Seats on disc shall be mechanically retained by stainless steel (18 - 8) retaining ring held in place by stainless steel (18 - 8) cap screws that pass through rubber seat for added retention. When seat is on disc, seat shall be retained in position by shoulders located on both disc and stainless -steel retaining ling. Mating surfaces for seats: Type 304 or 316, stainless steel and secured to disc by mechanical means. Sprayed -on or plated mating surfaces will not be allowed. D Coat interior wetted ferrous surfaces of valve, including disc, with epoxy suitable for potable -water conditions Epoxy surface preparation, and epoxy application• In accordance with AWWA C550 and coating manufacturer's recommendations. Provide two coats of two -component, high -build epoxy with minimum dry thickness of 10 mils Epoxy coating: Indurall 3300 or approved equal. Coatings shall be holiday tested and measured for thickness. E Vaive shaft and keys, dowel pins, or taper pins used for attaching valve shaft to valve disc: Type-304 or 316 stainless steel. Shaft Bearings: Stainless steel, bronze, nylon, or Teflon (supported by fiberglass mat or backing material with proven record of preventing Teflon flow under load) in accordance with AWWA C504. F Packing: Field -adjustable, split-V type, and replaceable without removing operator assembly. G Retaining Hardware foi Seats: Type 304 or 316 stainless steel. Nuts and screws used with clamps and discs for rubber seats shall be held securely with locktight, or other approved method, to prevent loosening by vibration or cavitational effects. H Vaive disc shall seat in position at 90 degrees to the pipe axis and shall rotate 90 degrees between full -open and tight -closed position. Install valves with valve shafts horizontal and convex side of disc facing anticipated direction of flow, except where shown otherwise on Plans. 2.04 BUTTERFLY VALVE ACTUATOR CONSTRUCTION A Provide actuators for valves with size based on line velocity of 16 feet per second, and, unless otherwise shown on Plans, equip with geared manual actuators. Provide 04/2009 02541 5 of 8 CITY OF PEARLAND WATER AND WASTEWATER LINE VALVES fully enclosed and traveling -nut type, rack-and-pinion type, or worm -gear type for valves 24 inches and smaller. B Provide actuator designed for installation with valve shaft horizontal unless otherwise indicated on Plans. C Provide valve shaft extended from valve to actuator. Space between actuator housing and valve body shall be completely enclosed so that no moving parts are exposed to soil or elements. D Provide oil -tight and watertight actuator housings for valves, specifically designed for buried service or submerged service when located in valve vaults, and factory packed with suitable grease. E Install a valve position indicator on each actuator housing located above ground or in valve vaults. Valves shall be equipped with 2-inch actuator nut only. F Indicate direction of opening of valve on exposed visible part of assembly. G Design worm -gear or traveling -nut actuators so that a torque of 150 foot-pounds, or less, will operate valve at most adverse condition for which valve is designed. Vertical axis of actuating nut shall not move as valve is opened or closed. 2.05 VALVE BOXES A Provide standard adjustable valve boxes only conforming to requirements of Section 02520 — Valve Boxes, Meter Boxes, and Meter Vaults. 2.06 VALVE SERVICE MANHOLES A For large -diameter water mains, provide manholes to dimensions shown on Plans conforming to requirements of Section 02542 — Concrete Manholes. 2.07 AIR RELEASE AND VACUUM RELIEF VALVES A Air Release Valves: Apco No. 200, GA Industries Fig. 2-AR, or equal. Materials: body and coves, ASTM A 48, Class 30, cast iron float and leverage mechanism, ASTM A 240 or A276 stainless steel; orifice and seat, stainless steel against Buna-N or Viton mechanically retained with hex head nut and bolt; other valve internals, stainless steel or bronze. Provide inlet and outlet connections, and orifice as shown on Plans. B Air Release and Vacuum Valves: Provide single -body, standard combination or duplex -body custom combination valves as indicated on Plans. 1. For 2 inch and 3 inch, single -body valves provide inlet and outlet sizes as shown on Plans and orifice sized for 100 psi working pressure. Valve materials: body, cover and baffle, ASTM A 48, Class 35, or ASTM A 126, Grade B cast iron; plug or poppet ASTM A 276 stainless steel; float, ASTM A 240 stainless steel; seat, Buna-N othei valve internals, stainless steel. Valve exterior: Painted with shop -applied primer suitable for contact with potable 04/2009 02541 - 6 of 8 CITY OF PEARLAND WATER AND WASTEWATER LINE VALVES water. Provide Apco Model 145C or 147C, Val-Matic Series 200, or equal valves. 2. For 3 inch and lai ger duplex body valves as shown on Plans, provide Apco Series 1700 with No. 200 air release valve, GA Industries Fig. No. AR/GH- 21K/280, or equal. Air and vacuum valve materials: body and cover, ASTM A 48, Class 35, cast iron; float, ASTM A 240 stainless steel; seat, Type 304, stainless steel and Buna-N; other valve internals, stainless steel or bronze. Air release valve: Constructed as specified in paragraph above on Air Release Valves. C Vacuum Relief Valves: Provide air inlet vacuum relief valves with flanged inlet and outlet connections as shown on Plans. Provide air release valves in combination with inlet and outlet, and orifice as shown on Plans. Valve shall open under pressure differential not to exceed 0.25 psi. Provide Apco Series 1500 with a No. 200A air release valve, GA Industiies Fig. No. HCARV, of approved equal. Materials for vacuum relief valves: valve body, ASTM A 48, Class 35, cast iron; seat and plug, ASTM B 584 bronze, copper alloy 836; spring, ASTM A 313, Type 304, stainless steel bushing, ASTM B 584 bronze, copper alloy 932; retaining screws, ASTM A 276, Type-304, stainless steel. D Air Release Valve Vault as detailed in Plans. 2.08 PRESSURE REDUCING VALVES A Provide Cla-Val Model 90-01, or approved equal, PRV with strainer in location and arrangement as shown on Plans. Valve body: ASTM A 48, cast iron or ASTM A 126, Class B, cast iron with ANSI B16.1, Class 125, flanges. Valve cover: ASTM A 48 cast iron. Valve internals: Type-303, stainless steel or B-62 bronze. Rubber parts: Buna-N. No leather parts shall be allowed. Resilient seat shall have rectangular cross section. B Control Tubing: Contain shutoff cocks with "Y" strainer. C PRV: Equip with valve position indicator. Initially set in field by authorized manufacturer's representative with 60 psi downstream pressure. D Provide basket strainer upstream of PRV as shown on Plans. Strainer body: quick - opening type, fabricated -steel construction with ANSI B 16.1, Class 150, flanges. Basket: Type-304, stainless steel. Provide Haywaid Model 90, or equal, for PRV 4- inch through 24-inch. Provide Hayward Model 510, or equal, for PRV 14 inches or greater when space limitations dictate the use of smaller strainer housing. E Pilot Systems for PRV: Adjustable and pressure sustaining. F Valve Box: Valve Box conforming to requirements of Section 02520 — Valve Boxes, Meter boxes, and Meter Vaults. 04/2009 02541 7 of 8 CITY OF PEARLAND WATER AND WASTEWATER LINE VALVES 3.0 EXECUTION 3.01 INSTALLATION A Earthwork. Conform to applicable provisions of Section 02318 — Excavation and Backfill for Utilities. B Operation. Do not use valves for throttling without prior approval of manufacturer. 3.02 SETTING VALVES AND VALVE BOXES A Remove foreign matter from within valves prior to installation. Inspect valves in open and closed positions to verify that parts are in satisfactory working condition. B Install valves and valve boxes where shown on Plans. Set valves plumb and as detailed. Center valve boxes on valves. Carefully tamp earth around each valve box foi minimum radius of 4 feet, or to undisturbed trench face if less than 4 feet. Install valves completely closed when placed in water line. C For pipe section of each valve box, use only cast iron, ductile iron, or DR 18 PVC pipe cut to propel length. Size to allow future operation of valve. Assemble and brace box in vertical position as indicated on Plans. 3.03 DISINFECTION AND TESTING A Perfoim disinfection and testing of valves and appurtenances as required by Section 02510 — Water Mains. B Repair or replace valves which exceed the allowable specified leakage rate. 3.04 PAINTING OF VALVES A Paint valves in vaults, stations, and above ground using ACRO Paint No. 2215, or approved equal. END OF SECTION 04/2009 02541 8 of 8 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 1.0 GENERAL Section 03300 CAST -IN -PLACE CONCRETE 1.01 SECTION INCLUDES A. Cast -in -place concrete building frame members, floors, shear walls, foundation walls, and supported slabs, vaults, manholes and wet wells. B. Cast -in -place concrete work for utility construction or rehabilitation, such as slabs on grade, small vaults, site -cast bases for precast units, cast -in -place manholes, including headwalls and miscellaneous small structures. C. Floors and slabs on grade. D. Concrete seal slabs. E Control, and expansion and contraction joint devices associated with concrete work, including joint sealants. F. Design, construction, erection, and removal of structural concrete formwork. G. Equipment pads, light pole base, thrust blocks. H. References to Technical Specifications: 1. Section 01200 2. Section 01350 3. Section 01310 4. Section 03600 5. Section 03310 6. Section 03100 7. Section 01440 8. Section 01460 I. Reference Standards: Measurement and Payment Submittals Coordination and Meetings Structural Grout Structural Concrete - Concrete Formwork - Inspection Services — Testing Laboratory Services 1. American Concrete Institute (ACI) 2. American Society for Testing and Materials (ASTM) 3. Concrete Reinforcing Steel Institute (CRSI) 4. American Welding Society (AWS) 5. Wire Reinforcement Institute (WRI) 6. Encyclopedia of Industrial Chemical Analysis 5/2013 03300 - 1 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 1.02 UNIT PRICES A. Measurement for cast -in -place concrete is on lump -sum basis for each aforementioned item as bid. Payment includes related work performed on these items in accordance with related sections of these Technical Specifications. B. Measurement for extra cast -in -place concrete is on cubic -yard basis Payment includes related work performed in accordance with related sections. C. Refer to Section 01200 - Measurement and Payment for unit price procedures. 1.03 DEFINITIONS A. Hot Weather: Any combination of high air temperature, low relative humidity and wind velocity tending to impair quality of flesh or hardened concrete or otherwise resulting in abnormal properties. Hot weather concreting shall be in accordance with ACI - 305R. B. Cold Weather: Period when, for more than 2 successive days, mean daily temperature is below 40 degrees F. Cold weather concreting shall be in accordance with ACI - 306R. 1.04 SUBMITTALS A. Submittals shall conform to the requirements of Section 01350 — Submittals. B. Shop Drawings: 1. Submit Shop Drawings detailing reinforcement fabrication, bar replacement location, splices, spacing, bar designation, bar type, length, size bending, number of bars, bar support type, and other pertinent information, including dimensions. Piovide sufficient detail for placement of reinforcement without use of Plans. Information shall correspond directly to data listed on bill of materials. 2. Use of reproductions of Plans by Contractor, Subcontractor, erector, fabricator or material supplies in preparation of Shop Drawings (or in lieu of preparation of Shop Drawings) signifies acceptance by that party of information shown thereon as correct, and acceptance of obligation to pay for any job expense, real or implied, arising due to errors that may occur thereon. Remove references to Design Engineer, including seals, when reproductions of Plans are used as Shop Diawings. 3. Detail Shop Drawings in accordance with ACI 315, Figure 6. 5/2013 03300 - 2 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 4. Submit Shop Drawings showing location of proposed additional construction joints, and obtain approval of the Engineer, piior to submitting reinforcing steel Shop Drawings. C. Bill of Materials: Submit with Shop Drawings. D. Product Data: 1. Mechanical Bar Splices: Submit manufacturer's technical literature, including specifications and installation instructions. 2. Epoxy grout proposed for anchoring reinforcing dowels to hardened concrete: Submit manufacturer's technical literature including recommended installation procedures. 3. Provide data on joint devices, attachment accessories and admixtures. E Certificates: 1. Submit steel manufacturer's certificates of mill tests giving properties of steel proposed foi use. List of manufacturer's test number, heat number, chemical analysis, yield point, tensile strength, and percentage of elongation. Identify proposed location of steel in work. 2. Foreign -manufactured reinforcing bars shall be tested for conformance to ASTM requirements by a certified independent testing laboratory located in United States. Certification from any other source is not acceptable. Submit test reports foi review. Do not begin fabrication of reinforcement until material has been approved. 1.05 PROJECT RECORD DOCUMENTS A. Submit under provisions of Section 01350-Submittals. B. Accurately record actual locations of embedded utilities and components which are concealed from view. 1.06 QUALITY ASSURANCE A. Perform Work in accordance with ACI 301-99:Specifications for Structural Concrete - IP B. Acquire cement and aggregate from same source for all work. C. Conform appropriately to ACI 305R-99:Hot Weather Concreting or ACI 306R.1- 90:Standard Specification foi Cold Weather Concreting. 5/2013 03300 - 3 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 1.07 COORDINATION A. Coordinate Work under provisions of Section 01310 — Coordination and Meetings. B. Coordinate the placement of joint devices with erection of concrete formwork and placement of form accessories. 2.0 PRODUCTS 2.01 CONCRETE MATERIALS A. Cement: ASTM - C150, Type I - Normal Portland Type II - Moderate Sulphate resistance Portland type. B. Fine and Coarse Aggregates: ASTM - C33. C. Use coarse limestone aggregate and crushed limestone for fine aggregate. The product of concrete alkalinity (A, as equivalent calcium carbonate) times the thickness of cover over the reinforcing steel (Z, in inches) shall not be less than 0.54, i.e. concrete shall have an AZ factor greater than or equal to 0.54. Provide a minimum concrete cover of 2" over reinforcing steel on the inside of the structures. D. Water: Clean and not detrimental to concrete. 2.02 ADMIXTURES A. Air Entrainment: ASTM - C260. B. Chemical: ASTM - C494, Type A - Water Reducing Type D - Water Reducing and Retarding Type E - Water Reducing and Accelerating admixture. 2.03 ACCESSORIES A. Bonding Agent: Two component modified epoxy resin. B. Vapor Barrier: 6 mil clear polyethylene film type recommended for below grade application. C. Non -Shrink Grout Premixed compound consisting of non-metallic aggregate, cement, water reducing and plasticizing agents; capable of developing minimum compressive strength of 2,400 psi in 48 hours and 7,000 psi in 28 days. 2.04 JOINT DEVICES AND FILLER MATERIALS A. Joint Filler Type C: ASTM - D 1752; Premolded sponge rubber, fully compressible with recovery rate of minimum 95 percent. 5/2013 03300 - 4 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE B. Sealant ASTM - D1190; synthetic rubber. 2.05 CONCRETE MIX A. Mix and deliver concrete in accordance with ASTM - C94, Alternative No. 3. A minimum of 5.75 bags of cement per cubic yard of concrete shall be used. For Concrete in Contact with sewage use Portland Type II, ASTM - C 150, Cement. B. Provide concrete to the following criteria: 1. Compressive Strength 7 days: 2400 psi 2. Compressive Strength 28 days: 4000 psi 3. Slump. 3 to 4 inches for concrete cast against earth in slabs and footings and where used as a topping. 5 to 6 inches for concrete in supported slabs, beams, columns and walls. 4. Maximum Water/Cement Ratio: 0.50. C. Use accelerating admixtures in cold weather only when approved by Engineer. Use of admixtures will not relax cold weather placement requirements. D. Use set retarding admixtures during hot weather only when approved by Engineer. E Add air entraining agent to normal weight concrete mix for work exposed to temperature lower than 40 degrees F. Air content shall be 3 percent maximum for concrete with trowel finished surfaces and 3-5 percent foi other concrete. 2.06 FORM MATERIAL A. Smooth Forms: New plywood, metal, plastic, tempered concrete -form hardboard, dressed lumber faced with plywood or lining, or metal -framed plywood -faced panel material, to provide continuous, straight, smooth surfaces. Form material shall be free of raised grain, torn surfaces, worn edges, patches, dents or other defects. Furnish material in largest practical sizes to minimize number of joints and, when indicated on Plans conform to joint system indicated. Form material shall have sufficient stiength and thickness to withstand pressure of newly placed concrete without bow or deflection. B. Rough Forms: Plywood, metal, dressed or undressed lumber free of knots, splits or other defects, of other material acceptable to the Engineer of sufficient stiength and thickness to withstand pressure of newly placed concrete without bow or deflection. C. Plywood: Conform to PS 1, Class 1. D. Lumber: Conform to PS 20. 5/2013 03300 - 5 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE E Edge Forms and Intermediate Screed Strips: Type and strength compatible with the screed equipment and methods used. F. Plastic Forms: One-piece forms for domes, beams and pan joists. Single lengths for columns not exceeding height of 7'-6' . For columns over 7'-6", use 7'-6" sections and filler sections as needed. To facilitate removal of pan joist forms, taper sides 1 inch per foot. G. Metal Pan Joist Forms: Removable type; fabricated of minimum 14-gage steel; one piece between end closures. Adjustable foims not allowed. Taper sides 1 inch per foot to facilitate removal. H. Earth Cuts for Forms: 1. Use earth cuts for forming unexposed sides of grade beams cast monolithically with slabs on grade. 2. Where sides of excavations are stable enough to prevent caving or sloughing, following surfaces may be cast against neat -cut excavations: a. Sides of footings. b. Inside face of perimeter grade beams not monolithic with slab on grade When inside face is cast against earth, increase beam width indicated on Plans by 1 inch. c. Both faces of interior grade beams not monolithic with slab on grade. When grade beam is cast against earth, increase beam width indicated on Plans by 2 inches. I. Corrugated Fiberboard Carton Forms: 1. Corrugated fiberboard carton forms, when called for, are intended to form a void space beneath pile -supported and pier -supported slabs and other structural elements as shown. 2. Provide products of a reputable manufacturer regularly engaged in commercial production of double-faced corrugated fiberboard carton forms, constructed of waterproof paper and laminated with waterproof adhesive. 3. Fiberboard forms: Capable of supporting required dead load plus construction loads, and designed to lose their strength upon prolonged contact with moisture and soil bacteria. 4. Seal cuts and ends of each form section by dipping in waterproof wax, unless liners and flutes are completely impregnated with waterproofing. 5/2013 03300 - 6 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 5. Size forms as indicated on Plans. Assemble as recommended by manufacturer, either with steel banding at 4'-0" maximum on centers, or, where liners and flutes are impregnated with waterproofing, with adequate stapling. J. Circular Forms: 1. Form round -section members with paper or fiber tubes, constructed of laminated plies using water-resistant adhesive with wax -impregnated exterior for weather and moisture protection. Provide units with sufficient wall thickness to resist loads imposed by wet concrete without deformation. Provide manufacturer's seamless units to minimize spiral gaps and seams. 2. Fiberglass or steel forms may be used for round -section members. K. Shores: Wood or adjustable metal, with bearing plates; with double wedges at lower end. L Form Ties: 1. Use commercially -manufactured ties, hangers and other accessories for embedding in concrete. Do not use wire not commercially fabricated for use as a form accessory. 2. Fabricate ties so ends or end fasteners can be removed without causing spalling of concrete faces. Depth from formed concrete face to the embedded portion: At least 1 inch, or twice the minimum dimension of tie, whichever is greater. 3. Provide waterstop feature foi form ties used on liquid -containing structures and on concrete walls which will have earth backfill on one side. 4. Removable ties: Taper ties may be used when approved by the Engineer. In the hole left by the removal of the taper tie, insert a preformed neoprene or polyurethane plug sized to seat at the center of the wall. M. Form Coating: Commercial formulation of form oil or form -release agent having proven satisfactory performance. Coating shall not bond with, stain or otherwise adversely affect concrete surfaces, or impair their subsequent treatment, including application of bonding agents, curing compounds, paint, piotective liners and membrane waterproofing. N . Coating for Plastic Forms: Alkali -resistant gel -coat. O . Chamfer Strips: Unless otherwise indicated on Plans, provide 3/4 inch chamfer strips in corners of forms to pioduce beveled edges where required by this Section, 3.0 "Execution". P . Form Gaskets: Polyethylene rod, closed cell, 1-inch diameter. 5/2013 03300 - 7 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 2.07 DESIGN OF FORMWORK A. Conform to ACI 117, ACI 347 and building codes, unless more restrictive requirements are specified or shown on Plans. Contractor shall design and engineer concrete formwork, including shoring and bracing. Design formwork for applicable gravity loads, lateral pressure, wind loads and allowable stresses. Camber formwork to compensate foi anticipated deflection during placement of concrete required to maintain specified tolerances. Design formwork to be readily removed without impact, shock or damage to concrete surfaces and adjacent materials. B. Slip Forming: Permitted on written approval of the Engineer. Contractor shall demonstrate suitability of method proposed. 2.08 REINFORCING MATERIAL A. Reinforcing Bars: Deformed bars conforming to ASTM - A615, grade as indicated on Plans, except column spirals and those shown on Plans to be smooth bars. Where grade is not shown on Plans, use Grade 60. B. Smooth Bars: Where indicated on Plans, use smooth bars conforming to ASTM - A36; ASTM - A615, Grade 60; or ASTM - A675, Grade 70. C. Column Spirals: Bars conforming to ASTM - A615, Grade 60, or wire conforming to ASTM - A82. D. Epoxy -Coated Deformed Bars, Column Spirals and Smooth Bars: Conform to ASTM - A775/A775M. E Welded Wire Fabric: 1. Welded Smooth Wire Fabric: Conform to ASTM - A185. 2. Welded Deformed Wire Fabric: Conform to ASTM - A497. 3. Provide wire size, type and spacing as shown. Where type is not shown on Plans, use welded smooth wire fabric. 4. Furnish welded wire fabric in flat sheets only. F. Tie Wire: 16-1/2 gage or heavier annealed steel wire. Use plastic -coated tie wire with epoxy -coated reinforcing steel. G. Bar Supports: Provide chairs. Use bar supports and accessories of sizes required to provide required concrete cover. Where concrete surfaces are exposed to weather, water or wastewater, provide plastic accessories only do not use galvanized or plastic - tipped metal in such locations. Provide metal bar supports and accessories rated Class 1 or 2 conforming to CRSI Manual of Standard Practice. Use epoxy -coated bar supports with epoxy -coated reinforcing bars. 5/2013 03300 - 8 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE H. Slabs on Grade: Provide chairs with sheet metal bases or provide precast concrete bar supports 3 inches wide, 6 inches long, and thick enough to allow required cover. Embed tie wires in 3-inch by 6-inch side. I. Mechanical Bar Splices: 1. Conform to ACI 318-05:Building Code Requirements for Structural Concrete and Commentaiy; use where indicated on Plans. a. Compression splices shall develop ultimate stress of reinforcing bar. b. Tension splices shall develop 125 percent of minimum yield point stress of reinforcing bar. 2. Regardless of chemical composition of steel, any heat effect shall not adversely affect performance of reinforcing bar. J. Welded Splices: 1. Provide welded splices where shown and where approved by the Engineer. Welded splices of reinforcing steel shall develop a tensile strength exceeding 125 percent of the yield strength of the reinforcing bars connected. 2. Provide materials for welded splices conforming to AWS D1.4 — Structural Welding Code -Reinforcing Steel. K. Epoxy Grout: High -strength rigid epoxy adhesive, conforming to ASTM - C881, Type IV, manufactured for purpose of anchoring dowels into hardened concrete and the moisture condition, application temperature and orientation of the hole to be filled. Unless otherwise shown, depth of embedment shall be as required to develop the full tensile strength (125 percent of yield strength) of dowel, but not less than 12 diameters. 2.09 FABRICATION OF REINFORCING A. Bending: Fabricate bars to shapes indicated on Plans by cold bending. Bends shall conform to minimum bend diameters specified in ACI 318-05:Building Code Requirements for Structural Concrete and Commentary. Do not straighten or rebend bars. Fabricate epoxy -coated reinforcing steel to required shapes in a manner that will not damage epoxy coating. Repair any epoxy coating with patching material conforming to Item 4.4 of ASTM - A775/A775M. B. Splices: 1. Locate splices as indicated on Plans. Do not locate splices at other locations without approval of the Engineer. Use minimum number of splices located at points of minimum stress. Stagger splices in adjacent bars. 2. Length of lap splices: As shown on Plans. 5/2013 03300 - 9 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 3. Prepare ends of bars at mechanical splices in accordance with splice manufacturer's requirements. C. Construction Joints: Unless otherwise shown, continue reinforcing through construction joints. D. Bar Fabrication Tolerances: Conform to tolerances listed in ACI 315, Figures 4 and 5. E Standard Hooks: Conform to the requirements of ACI 318-05:Building Code Requirements for Structural Concrete and Commentary. F. Marking: Clearly mark bars with waterproof tags showing number of bars, size, mark, length, and yield strength. Mark steel with same designation as member in which it occurs. 2.10 FINISHING MATERIALS A. Sealer/Dustproofer (VOC Compliant): Water -based acrylic sealer; non -yellowing under ultraviolet light after 200-hour test in accordance with ASTM - D4587. Conform to local, state and federal solvent emission requirements. B. Epoxy Floor Topping: Two -component epoxy resin meeting ASTM - C881 Type III, resistant to wear, staining and chemical attack, blended with granite, sand, trap rock or quartz aggregate trowel -applied over concrete floor. Topping thickness shall be 1/8 inch. Color shall be gray. C. Abrasive Aggiegate for Nonslip Finish. Fused aluminum oxide grit, or crushed emery aggregate containing not less than 40 percent aluminum oxide and not less than 25 percent ferric oxide. Material shall be factory graded, packaged, rustproof and nonglazing, and unaffected by freezing, moisture and cleaning materials. D. Epoxy Penetrating Sealer Low -viscosity, two -component epoxy system designed to give maximum penetration into concrete surfaces. Sealer shall completely seal concrete surfaces from penetration of water oil and chemicals; prevent dusting and deterioration of concrete surfaces caused by heavy traffic; and be capable of adhering to floor surfaces subject to hydrostatic pressure from below. Color shall be transparent amber or gray. Surface shall be non -slip. E Latex Bonding Agent: Non-redispersable latex base liquid conforming to ASTM - C1059. When used in water and wastewater treatment structures, bonding agent shall be suitable for use under continuously submerged conditions. Conformance and suitability certification by manufacturer is required. F. Bonding Grout: Prepare bonding grout by mixing approximately one part cement to one part fine sand meeting ASTM - C144 but with 100 percent passing No. 30 mesh sieve. Mix with water to consistency of thick cream. At Contractor s option, a commercially -prepared bonding agent used in accordance with manufacturer's 5/2013 03300 - 10 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE recommendations and instructions may be used. When used in water and wastewater treatment structures, bonding agent shall be suitable for use under continuously submerged conditions. Conformance and suitability certification by manufacturer is required. Submit manufacturer's technical information on proposed bonding agent. G. Patching Mortar: 1. Make patching mortar of same materials and of approximately same proportions as concrete, except omit coarse aggregate. Substitute white Portland cement for part of gray Portland cement on exposed concrete in older to match color of surrounding concrete. Determine color by making trial patch. Use minimum amount of mixing water required for handling and placing. Mix patching mortar in advance and allow to stand. Mix fiequently with trowel until it has reached stiffest consistency that will permit placing. Do not add water. 2. Proprietary compounds for adhesion or specially formulated cementitious repair mortars may be used in lieu of or in addition to foregoing patching materials provided that properties of bond and compressive strength meet or exceed the foregoing and color of surrounding concrete can be matched where required. Use such compounds according to manufacturer's recommendations. When used in water and wastewater treatment structures, material shall be suitable for use under continuously submerged conditions. Conformance and suitability certification by manufacturer is required. H. Epoxy Adhesive: Two -component 100 percent solids, 100 percent reactive compound developing 100 percent of strength of concrete, suitable for use on dry of damp surfaces Epoxy used to inject cracks and as a binder in epoxy mortar shall meet ASTM - C881, Type VI Epoxy used as a bonding agent for fresh concrete shall meet ASTM - C881, Type V. Non -shrink Grout: See Section 03600 - Structural Grout. J. Spray -Applied Coating: Acceptable products are Thoro System Products "Thoroseal Plaster Mix" or approved equal. Color: Gray. K. Concrete Topping: Class H concrete with 3/8-inch maximum coarse aggregate size, as specified in this Section. L Concrete Fill: Class H concrete with 3/8-inch maximum coarse aggregate size, (Class C where fill thickness exceeds 3 inches throughout a placement), as specified in Section 03310 - Structural Concrete. M. Evaporation Retardant Confilm, manufactured by Master Builders; Eucobar, manufactured by Euclid Chemical Company; or equal. 5/2013 03300 - 11 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 2.11 CONCRETE CURING MATERIALS A. Membrane -forming Curing Compound: Conform to ASTM - C309, Type 1D, and following requirements. 1. Minimum solids content: 30 percent. 2. Compound shall not permanently discolor concrete. When used for liquid - containing structures, curing compound shall be white -pigmented. 3. When used in areas that are to be coated, or that will receive topping or floor covering, material shall not reduce bond of coating, topping, or floor covering to concrete. Curing compound manufacturer's technical information shall state conditions under which compound will not prevent bond. 4. Conform to local, state and federal solvent emission requirements. Conform to local, state and federal solvent emission requirements. 5. White pigmented concrete curing compound shall be sprayed on in one even coat with a hand or power sprayer as soon as the surface water disappears from concrete surface. B. Clear Curing and Sealing Compound (VOC Compliant): Conform to ASTM - C309, Type 1, Class B, and the following requirements: 30 percent solids content minimum; non -yellowing under ultraviolet light after 500-houi test in accordance with ASTM - D4587. Sodium silicate compounds are not permitted. Conform to local, state and federal solvent emission requirements. C. Sheet Material for Curing Concrete: ASTM - C171; waterproof paper, polyethylene film or white burlap -polyethylene sheeting. D. Curing Mats (for use in Curing Method 2): Heavy shag rugs or carpets, or cotton mats quilted at 4 inches on center; 12 ounce per square yard minimum weight when dry. E Water for curing: Clean and potable. 3.0 EXECUTION 3.01 EXAMINATION A. Verify requirements for concrete cover over reinforcement. B. Verify that anchors, seats, plates, reinforcement and other items to be cast into concrete are accurately placed, positioned securely, and will not cause hardship in placing concrete. 5/2013 03300 - 12 of 38 CITY OF PEARLAND 3.02 PREPARATION A. Prepare previously placed concrete by cleaning with steel brush and applying bonding agent in accordance with manufacturer's instructions. B. In locations where new concrete is dowelled to existing work, drill holes in existing concrete, insect steel dowels and pack solid with non -shrink grout. CAST -IN -PLACE CONCRETE 3.03 PREPARATION OF SURFACES FOR CONCRETING A. Earth Surfaces: 1. Under interior slabs on grade, install vapor barrier. Lap joints at least 6 inches and seal watertight with tape, or sealant applied between overlapping edges and ends. Repair vapor barrier damaged during placement of reinforcing and inserts with vapoi barrier material; lap over damaged areas at least 6 inches and seal watertight. 2. Other Earth Surfaces: Thoroughly wet by sprinkling prior to placing concrete, and keep moist by frequent sprinkling up to time of placing concrete thereon. Remove standing water. Surfaces shall be free from standing water, mud and debris at the time of placing concrete. B. Construction Joints: 1. Definition: Concrete surfaces upon or against which concrete is to be placed, where the placement of the concrete has been interrupted so that, in the judgment of the Engineer, new concrete cannot be incorporated integrally with that previously placed. 2. Interruptions: When placing of concrete is to be interrupted long enough for the concrete to take a set, use forms or other means to shape the working face to secure proper union with subsequent work. Make construction joints only where acceptable to the Engineer. 3. Preparation: Give horizontal joint surfaces a compacted, roughened surface for good bond. Except where the Plans call for joint surfaces to be coated, clean joint surfaces of laitance, loose or defective concrete and foreign material by hydroblasting or sandblasting (exposing aggregate), roughen surface to expose aggregate to a depth of at least 1/4 inch and wash thoroughly. Remove standing water from the construction joint surface before new concrete is placed. 4. After surfaces have been prepared cover approximately horizontal construction joints with a 3-inch lift of a grout mix consisting of Class A concrete batched without coarse aggregate; place and spread grout uniformly. Place wall concrete on the grout mix immediately thereafter. 5/2013 03300 - 13 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE C. Set and secure reinforcement, anchor bolts, sleeves, inserts and similar embedded items in the forms where indicated on Plans, Shop Drawings and as otherwise required. Obtain the Engineer's acceptance before concrete is placed. Accuracy of placement is the sole responsibility of the Contractor. D. Unless otherwise approved by Engineer, place no concrete until at least 4 hours after formwork, inserts, embedded items, reinforcement and surface preparation have been completed and accepted by the Engineer. Clean surfaces of forms and embedded items that have become encrusted with grout of previously -placed concrete before placing adjacent concrete. E Casting New Concrete Against Old: Where concrete is to be cast against old concrete (any concrete which is greater than 60 days of age), thoroughly clean and roughen the surface of the old concrete by hydro -blasting of sandblasting (exposing aggregate). Coat joint surface with epoxy bonding agent following manufacturer's written instructions, unless indicated otherwise. Unless noted otherwise, this provision does not apply to vertical wall joints where waterstop is installed. F. Protection from Water: Place no concrete in any structure until water entering the space to be filled with concrete has been properly cut off or diverted and carried out of the foams, clear of the work. Deposit no concrete underwater. Do not allow still water to rise on any concrete until concrete has attained its initial set. Do not allow water to flow over the surface of any concrete in a manner and at a velocity that will damage the surface finish of the concrete. Pumping, dewatering and other necessary operations for removing ground water, if required, are subject to the Engineer's review. G. Corrosion Protection: Position and support pipe, conduit, dowels and other ferrous items to be embedded in concrete construction prior to placement of concrete so there is at least a 2 inch clearance between them and any part of the concrete reinforcement. Do not secure such items in position by wiring or welding them to the reinforcement. H. Where practicable, provide for openings for pipes, inserts for pipe hangers and brackets, and setting of anchors during placing of concrete. I. Accurately set anchor bolts and maintain in position with templates while they are being embedded in concrete. J Cleaning: Immediately before concrete is placed, thoroughly clean dirt, grease, grout, mortar, loose scale, rust and other foreign substances from surfaces of metalwork to be in contact with concrete. 3.04 FORMWORK INSTALLATION A. Formwork Construction 1. Construct and maintain formwork so that it will maintain correct sizes of members, shape, alignment, elevation and position during concrete placement and until concrete has gained sufficient strength. Provide for required 5/2013 03300 - 14 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE openings, offsets, sinkages, keyways, recesses, moldings, anchorages, and inserts. 2. Construct forms for easy removal without damage to concrete surfaces. 3. Make formwork sufficiently tight to prevent leakage of cement paste during concrete placement Solidly butt joints and provide backup material at joints as required to prevent leakage and fins. Provide gaskets for wall forms to prevent concrete paste leakage at their base. 4. Place chamfer strips in forms to bevel edges and corners permanently exposed to view, except top edges of walls, and slabs which are indicated on Plans to be tooled. Do not bevel edges of formed joints and interior corners unless indicated on Plans. Form beveled edges for vertical and horizontal corners of equipment bases. Unless otherwise indicated on Plans, make bevels 3/4 inch wide. 5. Provide temporary openings at bases of column and wall forms and other points as required for observation and cleaning immediately before concrete is placed. 6. Where runways are required for moving equipment, support runways directly on the formwork or structural members. Do not allow runways or supports to rest on reinforcing steel. 7 Use smooth forms on formed concrete surfaces required to have smooth form finish or rubbed finish. 8. Rough forms may be used on formed concrete surfaces indicated to have rough form finish. B. Forms for Surfaces Requiring Smooth Form Finish: 1. Drill forms to suit ties used and to prevent leakage of concrete mortar around tie holes. Uniformly space form ties and align in horizontal and vertical rows. Install taper ties, if used, with the large end on the wet face of the wall. 2. Provide sharp, clean corners at intersecting planes, without visible edges or offsets. Back up joints with extra studs or girts to maintain true, square intersections. 3. Form molding shapes, recesses and projections with smooth -finish materials and install in forms with sealed joints to prevent displacement. 4. Form exposed corners of beams and columns to produce square, smooth, solid, unbroken lines. 5/2013 03300 - 15 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 5. Provide exterior exposed edges with 3/4-inch chamfer or 3/4-inch radius. 6. Arrange facing material in orderly and symmetrical fashion. Keep number of joints to practical minimum. Support facing material adequately to prevent deflection in excess of allowable tolerances. 7. For flush surfaces exposed to view in completed structure, overlap previously - placed hardened concrete with form sheathing by approximately 1 inch. Hold forms against hardened concrete to maintain true surfaces, preventing offsets or loss of mortar. C. Forms for Surfaces Requiring Rubbed Finish: Provide forms as specified in this Section, 3.04B "Forms for Surfaces Requiring Smooth Form Finish". Use smooth plywood linings or forms, in as large sheets as practicable, and with smooth, even edges and close joints. D. Edge Forms and Screed Strips for Slabs: Set edge forms or bulkheads and Intermediate screed strips for slabs to obtain required elevations and contours in finished slab surface. Provide and secure supports for types of screeds required. E Circular Forms: Set forms in one piece for full height of member. F. Surfaces to Receive Membrane Waterproofing: Coordinate surface finish, anchors, reglets, and similar requirements with membrane waterproofing applicator. G. Fireproofing Steel Member: Construct forms to provide not less than the concrete thickness necessary, measured from face of steel member, to provide the required fire rating. Forms for concealed surfaces may be unlined. H. Tolerances: Unless noted otherwise on Plans, construct formwork so concrete surfaces will conform to tolerance limits listed in Tables 03100A and 03100B at end of this Section. Establish sufficient control points and bench marks as references for tolerance checks. Maintain these references in undisturbed condition until final completion and acceptance of the Work. Adjustment of Formwork: 1. Use wedges or jacks to provide positive adjustment of shores and struts. After final inspection and before concrete placement, fasten in position wedges used for final adjustment of forms. 2. Biace forms securely against lateral deflections. Prepare to compensate for settling during concrete placement. 5/2013 03300- 16of38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 3. For wall openings, construct wood forms that facilitate necessary loosening to counter act swelling of forms. J. Corrugated Fiberboard Carton Forms: 1. Place on smooth firm bed of suitable material to prevent vertical displacement, set tight to prevent horizontal displacement. Exercise care to avoid buckling of forms. Install in accordance with manufacturer's directions and recommendations. 2. Fit carton forms tightly around piles and piers; completely fill the space between subgrade and concrete placement with carton foims to form a void space. 3. Protect carton forms from moisture and maintain in a dry condition until concrete is placed on them If they become wet before placement of concrete, allow them to dry and carefully inspect for strength before concrete is placed. 4. Before concrete placement, replace damaged or deteriorated forms which are incapable of supporting concrete dead load plus construction live loads. 3.05 PREPARATION OF FORM SURFACES A. Clean surfaces of forms and embedded materials before placing concrete. Remove accumulated mortar, grout, rust and other foreign matter. B. Coat forms for exposed or painted concrete surfaces with form oil or form -release agent before placing reinforcement. Cover form surfaces with coating material in accordance with manufacturer's printed instructions. Do not allow excess coating material to accumulate in forms or to contact hardened concrete against which fresh concrete will be placed. Remove coating material from reinforcement before placing concrete. C. Forms for unexposed surfaces, other than retained -in -place metal forms, may be wet with water immediately before concrete placement in lieu of coating. When possibility of freezing temperatures exists, however, the use of coating is mandatory. 3.06 INSTALLATION OF REINFORCEMENT A. Placement Tolerances: Place reinforcement within tolerances of Table 03210A at the end of this Section. Bend tie wire away from foims to maintain the specified concrete coverage. 5/2013 B. Interferences Maintain 2-inch clearance from embedded items. Where reinforcing interferes with location of other reinforcing steel, conduit or embedded items, bars may be moved within specified tolerances or one bar diameter, whichever is greater. Where 03300 - 17 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE greater movement of bars is required to avoid interference, notify the Engineer. Do not cut reinforcement to install inserts, conduit, mechanical openings or other items without approval of the Engineer. C. Concrete Cover: Provide clear cover measured from reinforcement to face of concrete as listed in Table 03210B at the end of this Section, unless otherwise indicated on Plans. D. Placement in Forms: Use spacers, chairs, wire ties and other accessory items necessary to assemble, space and support reinforcing properly. Provide accessories of sufficient number, size and strength to prevent deflection or displacement of reinforcement due to construction loads or concrete placement. Use appropriate accessories to position and support bolts, anchors and other embedded items. Tie reinforcing bars at each intersection, and to accessories. Blocking reinforcement with concrete or masonry is prohibited. E Placement for Concrete on Ground Support bar and wire reinforcement on chairs with sheet metal bases or precast concrete blocks spaced at approximately 3 feet on centers each way. Use minimum of one support for each 9 square feet. Tie supports to reinforcing bars and wires. F. Vertical Reinforcement in Columns: Offset vertical bars by at least one bar diameter at splices. Provide accurate templates for column dowels to ensure proper placement. G. Splices: 1. Do not splice bars, except at locations indicated on Plans or reviewed Shop Drawings, without approval of the Engineer. 2. Lap Splices. Unless otherwise shown or noted, Class B, conforming to ACI 318-89, Section 12.15.1. Tie securely with wire prior to concrete placement, to prevent displacement of splices during concrete placement. 3. Mechanical Bar Splices: Use only where indicated on Plans or approved by the Engineer. Install in accordance with manufacturer's instructions. a. Couplers located at a joint face shall be of a type which can be set either flush or recessed from the face as shown. Seal couplers prior to concrete placement to completely eliminate concrete or cement paste from entering. b. Couplers intended for future connections: Recess 1/2 inch minimum from concrete surface. After concrete is placed plug coupler and fill recess with sealant to prevent contact with water or other corrosive materials. c. Unless noted otherwise, match mechanical coupler spacing and capacity to that shown for the adjacent reinforcing. 5/2013 03300 - 18 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 4. Construction Joints: Place reinforcing continuous through construction joints, unless noted otherwise. H. Welded Wire Fabric: Install wire fabric in as long lengths as practicable. Unless otherwise indicated on Plans, lap adjoining pieces at least 6 inches or one full mesh plus 2 inches, whichever is larger. Lace splices with wire. Do not make end laps midway between supporting beams, or directly over beams of continuous structures. Offset end laps in adjacent widths to prevent continuous laps. Conform to WRI - Manual of Standard Practice for Welded Wire Fabric. I. Field Bending: Shape reinforcing bent during construction operations to conform to Plans. Bars shall be cold -bent; do not heat bars Closely inspect reinforcing for breaks. When reinforcing is damaged, replace, Cadweld, or otherwise repair, as directed by the Engineer. Do not bend reinforcement after it is embedded in concrete. J. Epoxy -coated Reinforcing Steel: Install in accordance this Section, 3.06J "Field Bending", and in a manner that will not damage epoxy coating. Repair damaged epoxy coating with patching material as specified in Paragraph 2.09 A - Bending. K. Field Cutting: Cut reinforcing bars by shearing or sawing. Do not cut bars with cutting torch. L Welding of reinforcing bars is prohibited, except where shown on Plans. 3.07 GROUTING OF REINFORCING AND DOWEL BARS A. Use epoxy grout for anchoring reinforcing and dowel steel to existing concrete in accordance with epoxy manufacturer's instructions. Drill hole not more than 1/4 inch larger than steel bar diameter (including height of deformations for deformed bars) in existing concrete. Just before installation of steel, blow hole clean of all debris using compressed air. Partially fill hole with epoxy, using enough epoxy so when steel bar is inserted, epoxy grout will completely fill hole around bar. Dip end of steel bar in epoxy and twist bar while inserting into partially -filled hole. 5/2013 03300 - 19 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE TABLE 03210A EMENT PLACEMENT TOLERANCES PlacementTolerances (in inches) Clear Distance - formed soffit: -1/4 To other formed surfaces: To ±1/4 Minimum spacing between bars -1/4 Clear distance from unformed surface to top reinforcement - Members 8 inches deep of less: ±1/4 Members more than 8 inches deep but less than 24 inches deep: -1/4, +1/2 Members 24 inches deep or greater: -1/4, +1 Uniform spacing of bars +2 (but the required number of bars shall not reduced): Uniform (but the spacing required of stirrups number and of stirrups ties and ties shall not be reduced): ±l Longitudinal locations of bends and ends of reinforcement - General: +2 Discontinuous ends of members: ±1/2 Length of bar laps: -1 1/2 length - Embedded bar sizes No. 3 through 11: -1 For bar sizes No. 14 and 18: -2 For 5/2013 03300 - 20 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE TABLE 03210B CONCRETE COVER FOR REINFORCEMENT Minimum Cover (in inches) Surface Slabs and Joists - and bottom bars for dry conditions Top — No. 14 and No. 18 bars: 1 1/2 No. 11 bais and smaller: 1 concrete surfaces exposed to earth, water, or weather, over, or in Formed contact with, sewage; and for bottoms bearing on work mat, or slabs supporting earth cover - No. 5 bars and smaller: 1 1/2 No. 6 through No. 18 bars: 2 Beams and Columns - dry conditions - For Stirrups, spirals and ties: 1 1/2 Principal reinforcement: 2 to earth, water, sewage or weather Exposed Stirrups and ties: 2 Principal reinforcement: 2 1/2 Walls - dry conditions - For No. 11 bars and smaller: 1 No. 14 and No. 18 bars: 1 1/2 concrete surfaces exposed to earth, water, sewage or weather, or in Formed contact with ground - Circular tanks with ring tension: 2 All others: 2 and Base Slabs - Footings At formed surfaces and bottoms bearing on concrete work mat: 2 At unformed surfaces and bottoms in contact with earth: 3 Over top of piles: 2 of footings - - same as slabs Top 5/2013 03300 - 21 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 3.08 HANDLING, TRANSPORTING AND PLACING CONCRETE A. Conform to applicable requirements of this Section and Chapter 8 of ACI 301- 99:Specifications for Structural Concrete — IP, Chapter 8. Use no aluminum materials in conveying concrete. B. Rejected Work: Remove concrete found to be defective or non -conforming in materials or workmanship. Replace rejected concrete with concrete meeting requirements of Contract Documents, at no additional cost to the Owner. C. Unauthorized Placement: Place no concrete except in the presence of the Engineer. Notify the Engineer in writing at least 24 hours before placement of concrete. D. Placement in Wall Forms: 1. Do not drop concrete through reinforcing steel. 2. Do not place concrete in any form so as to leave an accumulation of mortar on form surfaces above the concrete. 3. Pump concrete or use hoppers and, if necessary, vertical ducts of canvas, rubber or metal (other than aluminum) for placing conciete in forms so it reaches the place of final deposit without separation. Free fall of concrete shall not exceed 4 feet below the ends of pump hoses, ducts, chutes or buggies Uniformly distribute conciete during depositing. 4. Do not displace concrete in forms more than 6 feet in horizontal direction from place where it was originally deposited. 5. Deposit in uniform horizontal layers not deeper than 2 feet; take care to avoid inclined layers or inclined construction joints except where required for sloping members. 6. Place each layer while the previous layer is still soft. 7 Provide sufficient illumination in form interior so concrete at places of deposit is visible from the deck or runway. E Conveyors and Chutes: Design and arrange ends of chutes, hopper gates and other points of concrete discharge in the conveying, hoisting and placing system so conciete passing from them will not fall separated into whatever receptacle immediately receives it. Conveyors, if used, shall be of a type acceptable to the Engineer. Do not use chutes longer than 50 feet. Slope chutes so concrete of specified consistency will readily flow If a conveyor is used, it shall be wiped clean by a device operated in such a manner that none of the mortar adhering to the belt will be wasted. All conveyors and chutes shall be covered. 5/2013 03300 - 22 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE F. Placement of Slabs: In hot or windy weather, conducive to plastic shrinkage cracks, apply evaporation retardant to slab after screeding in accordance with manufacturer's instructions and recommendations. Do not use evaporation retardant to increase water content of the surface cement paste. Place concrete for sloping slabs uniformly from the bottom of the slab to the top, for the full width of the placement. As work progresses, vibe ate and carefully work concrete around slab reinforcement. Screed the slab surface in an up -slope direction. G. When adverse weather conditions affect quality of concrete, postpone concrete placement. Do not mix concrete when the air temperature is at or below 40 degrees F and falling. Concrete may be mixed when temperature is 35 degrees F and rising. Take temperature readings in the shade, away from artificial heat. Protect concrete from temperatures below 32 degrees F until the concrete has cured for a minimum of 3 days at 70 degrees F or 5 days at 50 degrees F. When concrete temperature is 85 degrees F or above, do not exceed 60 minutes between introduction of cement to the aggregates and discharge. When the weather is such that the concrete temperature would exceed 90 degrees F, employ effective means, such as pre -cooling of aggregates and mixing water, using ice or placing at night, as necessary to maintain concrete temperature, as placed, below 90 degrees F. 3.09 PUMPING OF CONCRETE A. If pumped concrete does not produce satisfactory results, in the judgment of the Engineer, discontinue pumping operations and proceed with the placing of concrete using conventional methods B. Pumping Equipment: Use a 2-cylinder pump designed to operate with only one cylinder if one is not functioning, or have a standby pump on site during pumping. C. The minimum hose (conduit) diameter: Comply with ACI 304.2R-96:Placing Concrete by Pumping Methods D. Replace pumping equipment and hoses (conduits) that do not function properly. E Do not use aluminum conduits for conveying concrete. F. Field Quality Control Take samples for slump, air content and test cylinders at the placement (discharge) end of the line. 3.10 CONCRETE PLACEMENT SEQUENCE A. Place concrete in a sequence acceptable to the Engineer. To minimize effects of shrinkage, place concrete in units bounded by construction joints shown. Place alternate units so each unit placed has cured at least 7 days for hydraulic structures, or 3 days for other structures, before contiguous unit or units are placed, except do not 5/2013 03300 - 23 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE place corner sections of vertical walls until the 2 adjacent wall panels have cured at least 14 days for hydraulic structures and 7 days for other structures. B. Level the concrete surface whenever a run of concrete is stopped. To ensure straight and level joints on the exposed surface of walls, tack a wood stiip at least 3/4-inch thick to the forms on these surfaces. Carry concrete about 1/2 inch above the underside of the strip. About one hour after concrete is placed, remove the strip, level irregularities in the edge formed by the strip with a trowel and remove laitance. 3.11 TAMPING AND VIBRATING A. Thoroughly settle and compact concrete throughout the entire depth of the layer being consolidated, into a dense homogeneous mass; fill corners and angles, thoroughly embed reinforcement, eliminate rock pockets and bring only a slight excess of water to the exposed surface of concrete during placement. Use ACI 309R-96:Guide for Consolidation of Concrete, Group 3, immersion -type high-speed power vibrators (8,000 to 12,000 rpm) in sufficient number and with sufficient (at least one) standby units. Use Group 2 vibrators only when accepted by the Engineer for specific locations. Do not transport concrete by vibrating B. Use care in placing concrete around waterstops. Carefully work concrete by rodding and vibrating to make sure air and rock pockets have been eliminated. Where flat -strip type waterstops are placed horizontally, work concrete under waterstops by hand, making sure air and rock pockets have been eliminated. Give concrete surrounding the waterstops additional vibration beyond that used for adjacent concrete placement to assure complete embedment of waterstops in concrete. C. Concrete in Walls: Internally vibrate, ram, stir, or work with suitable appliances, tamping bars, shovels or forked tools until concrete completely fills forms or excavations and closes snugly against all surfaces. Do not place subsequent layers of concrete until previously -placed layers have been so worked. Provide vibrators in sufficient numbers, with standby units as required, to accomplish the results specified within 15 minutes after concrete of specified consistency is placed in the forms. Keep vibrating heads from contact with form surfaces. Take care not to vibrate concrete excessively o1 to work it in any manner that causes segregation of its constituents. 3.12 PLACING MASS CONCRETE A. Observe the following additional restrictions when placing mass concrete. 1. Use specified superplasticizer. 2. Maximum temperature of concrete when deposited: 70 degrees F. 3. Place in lifts approximately 18 inches thick. Extend vibrator heads into previously -placed layer. 5/2013 03300 - 24 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 4. Refer to Section 03310 - Structural Concrete for Mass Concreting. 3.13 CONCRETE FINISHING 3.14 FINISHING OF FORMED SURFACES A. Unfinished Surfaces: Finish is not required on surfaces concealed from view in completed structure by earth, ceilings or similar cover, unless indicated otherwise on Plans. B. Rough Form Finish: 1. No form facing material is required on rough form finish surfaces. 2. Patch tie holes and defects. Chip off fins exceeding 1/4 inch in height. 3. Rough form finish may be used on concrete surfaces which will be concealed from view by earth in completed structure, except concealed surfaces required to have smooth form finish, as shown on Plans C. Smooth Form Finish: 1. Form facing shall produce smooth, hard, uniform texture on concrete. Use plywood linings or forms in as large sheets as practicable, and with smooth, even edges and close joints. 2. Patch tie holes and defects. Rub fins and joint marks with wooden blocks to leave smooth, unmarred finished surface. 3. Provide smooth form finish on the wet face of formed surfaces of water - holding structures, and of other formed surfaces not concealed from view by eaith in completed structure except where otherwise indicated on Plans. Walls that will be exposed after future construction, at locations indicated on Plans, shall have smooth form finish. Smooth form finish on exterior face of exterior walls shall extend below final top of ground elevation. Exterior face of all perimeter grade beams shall have smooth form finish for full depth of grade beam. D. Rubbed Finish: Use plywood linings or forms in as large sheets as practicable, and with smooth, even edges and close joints. 2. Remove forms as soon as practicable, repair defects, wet surfaces, and rub with No. 16 carborundum stone or similar abrasive. Continue rubbing sufficiently to bring surface paste, remove form marks and fins, and produce smooth, dense 5/2013 03300 - 25 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE surface of uniform color and texture. Do not use cement paste other than that di awn from concrete itself. Spread paste uniformly over surface with brush. Allow paste to reset, then wash surface with clean water. 3. Use rubbed finish at locations indicated on Plans, except where rubbed finish is indicated for a wall which will be containing a liquid, use spray -applied coating. E Spray -applied Coating: At Contractor's option, in lieu of rubbed finish, spray -applied coating may be applied after defects have been repaired and fins removed. Remove form oil, curing compound and other foreign matter that would prevent bonding of coating. Apply coating in uniform texture and color in accordance with coating manufacturer's instructions. F. Related Unformed Surfaces: Tops of piers, walls, bent caps, and similar unformed surfaces occurring adjacent to formed surfaces shall be struck smooth after concrete is placed. Float unformed surfaces to texture reasonably consistent with that of formed surfaces. Continue final treatment on formed surfaces uniformly across unformed surfaces. 3.15 HOT WEATHER FINISHING A. When hot weather conditions exist, as defined in the Section 1 03A "Hot Weather", and as judged by the Engineer, apply evaporation retardant to the surfaces of slabs, topping and concrete fill placements immediately after each step in the finishing process has been completed. 3.16 FINISHING SLABS AND SIMILAR FLAT SURFACES TO CLASS A, B AND C TOLERANCES A. Apply Class A, B and C finishes at locations indicated on Plans. Class B or better finish shall be applied if not shown otherwise by the Plans. B. Shaping to Contour: Use strike -off templates or approved compacting -type screeds riding on screed strips or edge forms to bring concrete surface to proper contour. See Section 03100 - Concrete Formwork for edge forms and screeds C. Consolidation and Leveling: Concrete to be consolidated shall be as stiff as practicable. Thoroughly consolidate concrete in slabs and use internal vibration in beams and girders of framed slabs and along bulkheads of slabs on grade. Consolidate and level slabs and floors with vibrating bridge screeds, roller pipe screeds or other approved means. After consolidation and leveling, do not permit manipulation of surfaces prior to finishing operations. D. Tolerances for Finished Surfaces: Check tolerances by placing straightedge of specified length anywhere on slab. Gap between slab and straightedge shall not exceed tolerance listed for specified class. 5/2013 03300 - 26 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE Class A B C Straightedge Length in Feet 10 10 2 Tolerance in Inches 1/8 1/4 1/4 E Raked Finish: After concrete has been placed, struck off, consolidated and leveled to Class C tolerance, roughen surface before final set. Roughen with stiff brushes or rakes to depth of approximately 1/4 inch. Notify the Engineer prior to placing concrete requiring initial raked surface finish so that acceptable raked finish standard may be established for project. Piotect raked, base -slab finish from contamination until time of topping. Provide raked finish for following: 1. Surfaces to receive bonded concrete topping or fill. 2. Steep ramps, as noted on Plans. 3. Additional locations as noted on Plans. F. Float Finish: 1. After concrete has been placed, struck off, consolidated and leveled, do not work further until ready for floating. Begin floating when water sheen has disappeared, or when mix has stiffened sufficiently to permit proper operation of power -di iven float. Consolidate surface with power -driven floats. Use hand floating with wood or cork -faced floats in locations inaccessible to power - driven machine and on small, isolated slabs. 2. After initial floating, re -check tolerance of surface with 10-foot straightedge applied at not less than two different angles. Cut down high spots and fill low spots to Class B tolerance. Immediately re -float slab to a uniform, smooth, granular texture. 3. Provide float finish at locations not otherwise specified and not otherwise indicated on Plans. G. Trowel Finish: 1. Apply float finish as previously specified. After power floating, use power trowel to produce smooth surface which is relatively free of defects but which may still contain some trowel marks. Do additional troweling by hand after surface has hardened sufficiently. Do final troweling when ringing sound is produced as trowel is moved over surface. Thoroughly consolidate surface by hand troweling operations. 2. Produce finished surface free of trowel marks, uniform in texture and appearance and conforming to Class A tolerance. On surfaces intended to 5/2013 03300 - 27 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE support floor coverings, remove defects which might show through covering by grinding. 3. Provide trowel finish foi floors which will receive floor covering and additional locations indicated on Plans. H. Broom or Belt Finish: 1. Apply float finish as previously specified. Immediately after completing floated finish, draw broom or burlap belt across surface to give coarse transverse scored texture. 2. Provide broom or belt finish at locations indicated on Plans. 3.17 FINISHING SLABS AND SIMILAR FLAT SURFACES TO "F-NUMBER SYSTEM" FINISH A. Shaping to Contour: Use strike -off templates or approved compacting -type screeds riding on screed strips or edge forms to being concrete surface to proper contour Edge forms and screeds: Confoim to Section 03100 - Concrete Formwork. B. Consolidation and Leveling: Concrete to be consolidated shall be as dry as practicable. Thoroughly consolidate concrete in slabs and use internal vibration in beams and girders of framed slabs and along bulkheads of slabs on grade. Consolidate and level slabs and floors with vibrating bridge screeds, roller pipe screeds or other approved means. After consolidation and leveling, do not manipulate surfaces prior to finishing operations. C. Tolerances for Finished Surfaces: Independent testing laboratory will check floor flatness and levelness in accordance with this Section, 3.23F "Field Quality Control". D. Float Finish: 1. After concrete has been placed, struck off, consolidated and leveled, do not work further until ready for floating. Begin floating when water sheen has disappeared, or when mix has stiffened sufficiently to permit proper operation of power -driven float. Consolidate surface with power -driven floats. Use hand floating with wood or cork -faced floats in locations inaccessible to power - driven machine and on small, isolated slabs. 2. Check tolerance of surface after initial floating with a 10-foot straightedge applied at not less than two different angles. Cut down high spots and fill low spots. Immediately refloat slab to uniform, smooth, granular texture to FF20/FL17 tolerance, unless shown otherwise on Plans. 3. Provide "F-Number System" float finish at locations indicated on Plans. 5/2013 03300 - 28 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE E Trowel Finish: 1. Apply float finish as previously specified. After power floating, use power trowel to produce smooth surface which is relatively free of defects but which may still contain some trowel marks. Do additional trowelings by hand after surface has hardened sufficiently. Do final troweling when ringing sound is produced as trowel is moved over surface. Thoroughly consolidate surface by hand troweling operations. 2. Produce finished surface free of trowel marks, uniform in texture and appearance and conforming to an FF25/FL20 tolerance for slabs on grade and FF25/FL17 for elevated slabs, unless shown otherwise on Plans. On surfaces intended to support floor coverings, remove defects, which might show through covering, by grinding. 3. Provide "F-Number System" trowel finish at locations indicated on Plans. 3.18 BONDED CONCRETE TOPPING AND FILL A. Surface Preparation: 1. Protect raked, base -slab finish from contamination until time of topping. Mechanically remove oil, grease, asphalt, paint, clay stains or other contaminants, leaving clean surface. 2. Prior to placement of topping or fill, thoroughly dampen roughened slab surface and leave free of standing water. Immediately before topping or fill is placed, scrub coat of bonding grout into surface. Do not allow grout to set or dry before topping or fill is placed. B. Concrete Fill: 1. Where concrete fill intersects a wall surface at an angle steeper than 45 degrees from vertical, provide a 1.5-inch deep keyway in the wall at the point of intersection; size keyway so that no portion of the concrete fill is less than 1.5 inches thick. Form keyway in new walls; create by saw cutting the top and bottom lines and chipping in existing walls. 2. Apply wood float finish to surfaces of concrete fill. 3. Provide concrete fill at locations shown on Plans. C. Bonded Concrete Topping in Bottom of Clarifiers and Thickeners: 1. Minimum thickness of concrete topping: 1 inch. Maximum thickness when swept in by clarifier and thickener equipment: 3 inches. 5/2013 03300 - 29 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 2. Compact topping and fill by rolling or tamping, bring to established grade, and float. Topping grout placed on sloping slabs shall proceed uniformly from the bottom of the slab to the top, for the full width of the placement. Coat surface with evaporation retardant as needed between finishing operations to prevent plastic shrinkage cracks. 3. Screed topping to true surface using installed equipment. Protect equipment from damage during sweeping -in process. Perform sweeping -in process under supervision of equipment manufacturer's factory representative. After topping has been screeded, apply wood float finish. During finishing, do not apply water, dry cement or mixture of dry cement and sand to the surface. 4. As soon as topping or fill finishing is completed coat surface with curing compound. After the topping is set and sufficiently hard in clarifiers and where required by the Engineer fill the tank with sufficient water to cover the entire floor for 14 days. 5. Provide bonded concrete topping in bottom of all clarifiers and thickeners. 3.19 EPDXY PENETRATING SEALER A. Surfaces to receive epoxy penetrating sealer: Apply wood float finish. Clean surface and apply sealer in compliance with manufacturer s instructions. B. Rooms with concrete curbs or bases: Continue application of floor coating on curb or base to its Juncture with masonry wall. Rooms with solid concrete walls or wainscots: Apply minimum 2-inch-high coverage of floor coating on vertical surface. C. Mask walls, doors, frames and similar surface to prevent floor coating contact. D. When coving floor coating up vertical concrete walls, curbs, bases or wainscots, use masking tape or other suitable material to keep a neat level edge at top of cove. E Provide epoxy penetrating sealer at locations indicated on Plans. 3.20 EPDXY FLOOR TOPPING A. Surfaces to receive epoxy floor topping: Apply wood float finish unless recommended otherwise by epoxy floor topping manufacturer. Clean surface and apply epoxy floor topping in compliance with manufacturer's recommendations and instructions. Thickness of topping: 1/8 inch. B. Rooms with concrete curbs or bases: Continue application of floor coating on curb or base to its juncture with masonry wall. Rooms with solid concrete walls or wainscots: apply 2-inch-high coverage of floor coating on vertical surface. 5/2013 03300 - 30 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE C. Mask walls, doors, frames and similar surfaces to prevent floor coating contact. D. When coving floor coating up vertical concrete walls, curbs, bases or wainscots, use masking tape or other suitable material to keep a neat level edge at top of cove. E Finished surface shall be free of trowel marks and dimples. F. Provide epoxy floor topping at locations indicated on Plans. 3.21 SEALERJDUSTPROOFER A. Where sealer or sealer/dustproofer is indicated on Plans, just prior to completion of construction, apply coat of specified cleat sealer/dustproofing compound to exposed interior concrete floors in accordance with manufacturer's instructions. 3.22 NONSLIP FINISH A. Apply float finish as specified. Apply two-thirds of required abrasive aggregate by method that ensures even coverage without segregation and re -float. Apply remainder of abrasive aggregate at right angles to first application, using heavier application of aggregate in areas not sufficiently covered by first application. Re -float after second application of aggregate and complete operations with troweled finish. Perform finishing operations in a manner that will allow the abrasive aggregate to be exposed and not covered with cement paste. B. Provide nonslip finish at locations indicated on Plans. 3.23 FIELD QUALITY CONTROL A. Field inspection and testing will be performed in accordance with ACI 301- 99:Specifications for Structural Conciete - IP and under provisions of Sections 01440 — Inspection Services and Section 01450 — Testing Laboratory Services. B. Provide free access to Work and cooperate with appointed firm. C. Submit proposed mix design to inspection and testing firm for review prior to commencement of Work. D. Tests of cement and aggregates may be performed to ensure conformance with specified requirements. E Three concrete test cylinders will be taken for every 50 cu yds or less of concrete or as directed by the Engineer. F. One additional test cylinder will be taken during cold weather concreting, cured on job site under same conditions as concrete it represents. 5/2013 03300 - 31 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE G. One slump test will be taken for each set of test cylinders taken. H. Provide the results of alkalinity tests of concrete used in sanitary structures. Provide one test for each structure. These tests shall be performed by an independent testing laboratory. Perform the test on the concrete covering reinforcing steel on the inside of the pipe of structure. Alkalinity tests aie to be in accordance with Encyclopedia of Industrial Chemical Analysis, Vol. 15, Page 230, Interscience Publishers Division, John Wiley and Sons. 3.24 PATCHING A. Allow Engineer to inspect concrete surfaces immediately upon removal of forms. B. Excessive honeycomb or embedded debris in concrete is not acceptable. Notify Engineer upon discovery. C. Patch imperfections in accordance with ACI 301-99:Specifications for Structural Concrete - IP 3.25 DEFECTIVE CONCRETE A. Defective Concrete: Concrete not conforming to required lines, details, dimensions, tolerances or specified requirements. B. Repair or replacement of defective concrete will be determined by the Engineer. C. Do not patch, fill, touch-up, repair, of replace exposed concrete except upon express direction of Engineer for each individual area. 3.26 CURING A. Comply with ACI 308.1-98:Standard Specifications for Curing Concrete. Cure by preventing loss of moisture, rapid temperature change and mechanical injury for a period of 7 curing days when Type II or IP cement has been used and for 3 curing days when Type III cement has been used. Start curing as soon as free water has disappeared fiom the concrete surface after placing and finishing. A curing day is any calendar day in which the temperature is above 50 degrees F for at least 19 hours. Colder days may be counted if ail temperature adjacent to concrete is maintained above 50 degrees F. In continued cold weather when artificial heat is not provided, removal of forms and shoring may be permitted at the end of calendar days equal to twice the required number of curing days. Howevei, leave soffit forms and shores in place until concrete has reached the specified 28-day strength, unless directed otherwise by the Engineer. B. Cure formed surfaces not requiring rub -finished surface by leaving forms in place for the full curing period. Keep wood forms wet during the cueing period. Add water as 5/2013 03300 - 32 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE needed for other types of forms. Or, at Contractor's option, forms may be removed after 2 days and cueing compound applied. C. Rubbed Finish: 1. At formed surfaces requiring rubbed finish, remove forms as soon as practicable without damaging the surface. 2. After rub -finish operations are complete, continue curing formed surfaces by using either approved curing/sealing compounds or moist cotton mats until normal curing period is complete. D. Unformed Surfaces: Cure by membrane curing compound method. 1. After concrete has received a final finish and surplus water sheen has disappeared, immediately seal surface with a uniform coating of approved curing compound, applied at the rate of coverage recommended by manufacturer or as directed by the Engineer. Do not apply less than 1 gallon per 180 square feet of area. Provide satisfactory means to properly control and check rate of application of the compound. 2. Thoroughly agitate the compound during use and apply by means of approved mechanical power pressure sprayers equipped with atomizing nozzles. For application on small miscellaneous items, hand -powered spray equipment may be used. Prevent loss of compound between nozzle and concrete surface during spraying operations. 3. Do not apply compound to a dry surface If concrete surface has become dry, thoroughly moisten surface immediately prior to application. At locations where coating shows discontinuities, pinholes or other defects, or if rain falls on a newly coated surface before film has dried sufficiently to resist damage, apply an additional coat of compound at the specified rate of coverage. 3.27 CURING MASS CONCRETE A. Observe the following additional restrictions when curing mass concrete. 1. Minimum curing period: 2 weeks. 2. When ambient air temperature falls below 32 degrees F, protect surface of concrete against freezing. 3. Do not use steam or other curing methods that will add heat to concrete. 4. Keep foims and exposed concrete continuously wet for at least the first 48 hours after placing, and whenever surrounding air temperature is above 90 degrees F during final curing period. 5/2013 03300 - 33 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 5. During 2-week curing period, provide necessary controls to prevent ambient air temperature immediately adjacent to concrete from falling more than 30 degrees F in 24 hours. 3.28 REMOVAL OF FORMS A. Time Limits: 1. When repair of surface defects or finishing is required before concrete is aged, forms on vertical surfaces may be removed as soon as concrete has hardened sufficiently to resist damage from removal operations. 2. Remove top forms on sloping surfaces of concrete as soon as concrete has attained sufficient stiffness to prevent sagging Loosen wood forms for wall openings as soon as this can be accomplished without damage to concrete. Leave formwork for water -retaining structures in place for at least 2 days. Formwork for non -water -retaining columns, walls, sides of beams and other formwork components not supporting weight of concrete maybe removed after 12 hours, provided concrete has hardened sufficiently to resist damage from removal operations, and provided removal of forms will not disturb members supporting weight of concrete. 3. Forms and shoring supporting weight of concrete or construction loads• Leave in place until concrete has reached minimum strength specified for removal of forms and shoring. Do not remove such forms in less than 4 days. B. Circular Paper or Spiral Tube Forms: Follow manufacturer's directions for form removal. Take necessary precautions to prevent damage to concrete surface. When removal is done before completion of curing time, replace form, tie in place, and seal to retard escape of moisture Removal Strength: 1. Control Tests: Suitable strength -control tests will be required as evidence that concrete has attained specified strength for removal of formwork or shoring supporting weight of concrete in beams, slabs and other structural members. Furnish test cylinders and data to verify strength for early form removal. a. Field -cured Test Cylinders: When field -cured test cylinders reach specified removal strength, formwork or shoring may be removed from respective concrete placements. b. Laboratory -cured Test Cylinders: When concrete has been cured as specified for structural concrete for same time period required by laboratory -cured cylinders to reach specified strength, formwork or shoring may be removed from respective concrete placements. 5/2013 03300 34 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE Determine length of time that concrete has been cured by totaling the days or fractions of days, not necessarily consecutive, during which air temperature surrounding concrete is above 50 degrees F and concrete has been damp or thoroughly sealed against evaporation and loss of moisture. 2. Compressive Strengths: The minimum concrete compressive strength for removal of formwork supporting weight of concrete is 75 percent of specified minimum 28-day strength for class of concrete involved. 3.29 RESHORING A. When reshoring is permitted, plan operations in advance and obtain the Engineer's approval of such operations. While reshoring is under way keep live load off new construction. Do not permit concrete in any beam, slab, column or other structural member to be subjected to combined dead and construction loads in excess of loads permitted for developed concrete strength at time of reshoring. B. Place reshores as soon as practicable after form -stripping operations are complete but in no case later than end of day on which stripping occurs. Tighten reshores to carry required loads without over stressing construction Leave reshores in place until tests representative of concrete being supported have reached specified strength at time of removal of formwork supporting weight of concrete. C. Floors supporting shores under newly -placed concrete' Leave original supporting shores in place, or re -shore Locate reshores directly under shore position above. Extend reshoring over a sufficient number of stories to distribute weight of newly - placed concrete, forms and construction live loads in such manner that design superimposed loads of floors supporting shores are not exceeded. 3.30 FORM REUSE A. Do not reuse forms that are worn or damaged beyond repair. Thoroughly clean and recoat forms before reuse. For wood and plywood forms to be used for exposed smooth finish, sand or otherwise diess concrete contact surface to original condition or provide form liner facing material. For metal forms, straighten, remove dents and clean to return forms to original condition. 5/2013 03300 - 35 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE TABLE 03100A TOLERANCES FOR FORMED SURFACES CONCRETE IN BUILDINGS** Variation For anyFor 20-foot any Maximum Variation In 10-foot for Entire lanyth From length bay or Dimension Plumb or Lines and Piers, Walls Surfaces and of Arrises Columns, 1/4" - - - 1" 1/2" Specified Batter Exposed Joint Conspicuous Corner Grooves, Lines Columns, and Control Other .... 1/4" Slab Soffits, Ceilings, Beam Soffits, before 1/4" 3/8" 3/4" and Anises (measured Level of removal of shores), Specified Grade Exposed Horizontal Conspicuous Lintels, Grooves Lines Sills, and Parapets, Other - 1/4" 1/2" Drawing Dimensions Position Columns, of Walls Linear and Building Partitions Lines, - - - 1/2" 1" Size and Location of Sleeves, Floor - ... - - - ±1/4" Openings and Wall Openings Cross Slabs, Section and Walls of Columns, Beams, - - - - - - +1/2", -1/4" Footings* in Plan - - - - - - +2", -1/2" Footing Misplacement or Eccentricity - .... - - - 2% of Width Direction Error lesser or 2" in of (the of) Footing Thickness Decrease ..... - - - - 5% Footing Thickness Increase - - - - - - No Limit Step Rise in Flight of Stairs - - - - - - ±1/8" Step Tread in Flight of Stairs - - - - - - ±1/4" Consecutive Step Rise - - - - - - ±1/16" Consecutive Step Tread - - - - - - ±1/8" *Footing tolerances apply to concrete dimensions only, not to positioning of vertical reinforcing steel, dowels, or embedded items **Includes water and wastewater process structures 5/2013 03300 - 36 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE TABLE 03100B TOLERANCE FOR FORMED SURFACES CONCRETE IN BRIDGES, WHARVES AND MARINE STRUCTURES Variation Variation In Maximum From Plumb of Specified Surfaces of columns, piers and walls 1/2" in 10' Batter Level or surfaces of slabs See Section 03345 Top Specified Grade surfaces of curbs and railings 3/16" in 10' Top Drawing Dimensions similar Cross section members of columns, caps, walls, beams, and -1/4" ±1/2", Thickness of deck slabs -1/8" ±1/4", Size and location of slab and wall openings ±1/2" in plan -1/2" Footings +2, Footing of error (the misplacement of) or eccentricity in direction 2% of width or 2" lesser thickness decrease 5% Footing thickness increase No limit Footing Step rise in flight of stairs ±1/8" Step tread in flight of stairs ±1/4" Consecutive step rise ±1/16" Consecutive step tread ±1/8" 5/2013 03300 - 37 of 38 CITY OF PEARLAND CAST -IN -PLACE CONCRETE 3.31 PROTECTION A. Protect concrete against damage until final acceptance by the Owner. B. Protect fresh concrete from damage due to rain, hail, sleet or snow Provide such protection while the concrete is still plastic and whenever such precipitation is imminent or occulting. C. Do not backfill around concrete structures or subject them to design loadings until all components of the structure needed to resist the loading are complete and have reached the specified 28-day compressive strength, except as authorized otherwise by the Engineer. END OF SECTION 5/2013 03300 - 38 of 38 CITY OF PEARLAND STRUCTURAL CONCRETE SECTION 03310 STRUCTURAL CONCRETE 1.0 GENERAL 1.01 SECTION INCLUDES A. Cast -in -place normal -weight structural concrete and mass concrete. B. References to Technical Specifications: 1. Section 00300 2. Section 01200 3. Section 01350 4. Section 01450 5. Section 03300 — Bid Proposal — Measurement — Submittals — Testing Laboratory Services — Cast -in -Place Concrete 1.02 MEASUREMENT AND PAYMENT A. Measurement for structural concrete is on an each basis for each structure as bid. Payment includes related work performed on these structures in accordance with related sections of these Specifications. B. If Extra Structural Concrete is allowed, based on the Engineer's direction, and indicated in Section 00300 — Bid Proposal as an Extra Item, measurement will be on a cubic -yard basis, measured in place Payment includes related work performed in accordance with related sections of these Specifications. C. Refer to Section 01200 — Measurement and Payment for unit price procedures. D. No provisions shall be provided for temperature controlled curing of test cylinder. Test cylinder(s) shall be cured in identical environment until picked up by lab. 1.03 DEFINITIONS A. Mass Concrete: Concrete sections 4 feet or more in least dimension. B. Hot Weather: Any combination of high air temperature, low relative humidity and wind velocity tending to impair quality of flesh or hardened concrete or otherwise resulting in abnormal properties. Hot weather concreting shall be done in accordance with ACI - 305R. C. Cold Weather: Period when, for more than 2 successive days, mean daily temperature is below 40 degrees F. Cold weather concreting shall be done in accordance with ACI - 306R. 5/2013 03310-1 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE 1.04 SUBMITTALS A. Conform to Section 01350 — Submittals. B. Mill Certificates: Required for bulk cement. C. Design Mixes: 1. Submit test data on proposed design mixes for each type of concrete in the Work, including each class, and variations in type, source or quantity of material. Include type, brand and amount of cementitious materials type, brand and amount of each admixture; slump; air content; aggregate sources, gradations, specific gravity and absorption; total water (including moisture in aggregate); water/cement ratio• compressive strength test results for 7 and 28 days; and shrinkage tests for Class C and D concrete at 21 or 28 days of drymg. 2. Submit abrasion loss and soundness test results for limestone aggregate. 3. Testing of aggregates, including sieve analysis, shall be performed by a certified independent testing laboratory. Tests shall have been performed no earlier than 3 months before Notice to Proceed. 4. Provide standard deviation data for plant producing concrete. Data shall include copies of laboratory test results and standard deviation calculated in accordance with ACI 318, Item 5.3.1. Laboratory tests shall have been performed within past 12 months. When standard deviation data is not available, comply with ACI 318, Table 5.3.2.2. 5. Review and acceptance of mix design does not relieve Contractor of responsibility to provide concrete of quality and strength required by these Specifications. D. Admixtures: Submit manufacturer's technical information, including following: 1. Air -Entraining Admixture: Give requirements to control air content under all conditions, including temperature variations and presence of other admixtures. 2. Chemical Admixtures: Give requirements for quantities and types to be used under various temperatures and job conditions to produce uniform, workable concrete mix. Submit evidence of compatibility with other admixtures and cementitious materials proposed for use in design mix. E High -Range Water Reducer (Superplasticizer): When proposed for use, submit manufacturer's technical information and instructions for use of superplasticizer. State whether superplasticizer will be added at ready -mix plant or job site. When superplasticizer will be added at job site submit proposed plan for measuring and adding superplasticizer to concrete mix at job site and establish dosing area on site with holding tanks and metering devices. When superplasticizer is to be added at 5/2013 03310-2 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE ready -mix plant, submit contingency plans for adding additional superplasticizer at job site when required due to delay in placing concrete. Identify portions of Work on which superplasticizer is proposed for use. F. Hot and Cold Weather Concreting: Submit, when applicable, proposed plans for hot and cold weather concreting. Review and acceptance of proposed procedure will not relieve Contractor of responsibility for quality of finished product. G. Project Record Drawings: Accurately record actual locations of embedded utilities and components that are concealed from view. 1.05 QUALITY ASSURANCE A. Provide necessary controls during evaluation of materials, mix designs, production and delivery of concrete, placement and compaction to assure that the Work will be accomplished in accordance with Contract Documents. Maintain records of concrete placement. Record dates, locations, quantities, air temperatures, and test samples taken. B. Code Requirements: Concrete construction for buildings shall conform to ACI 318. Concrete construction for water and wastewater treatment and conveying structures shall conform to ACI 318 with modifications by ACI 350R, Item 2.6. Where this Specification conflicts with ACI 318 or ACI 350R, this Specification governs. C. Testing and Other Quality Control Services: 1. Concrete testing required in this section, except concrete mix design, limestone aggregate test data, and testing of deficient concrete, will be performed by an independent commercial testing laboratory employed and paid by the Owner in accordance with Section 01450 — Testing Laboratory Services. 2. Provide material for and cooperate fully with Owner's testing laboratory technician in obtaining samples for required tests. 3. Standard Services: The following testing and quality control services will be provided by Owner in accordance with Section 01450 — Testing Laboratory Services: a. Verification that plant equipment and facilities conform to NRMCA "Certification of Ready -Mix Concrete Production Facihties". b. Testing of proposed materials for compliance with this Specification. c. Review of proposed mix design submitted by Contractor. 5/2013 03310-3 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE d. Obtaining production samples of materials at plants or stockpiles duiing work progress and testing for compliance with this Specification. e. Strength testing of concrete according to following procedures: 1) Obtaining samples for field test cylinders from every 100 cubic yards and any portion less than 100 cubic yards for each mix design placed each day, according to ASTM C172, with each sample obtained from a different batch of concrete on a representative, random basis. Selecting test batches by any means other than random numbers chosen before concrete placement begins is not allowed. 2) Molding four specimens from each sample according to ASTM C31, and curing under standard moisture and temperature conditions as specified in Sections 7(a) and (b) of ASTM C31. 3) Testing two specimens at 7 days and two specimens at 28 days according to ASTM C39, reporting test results averaging strengths of two specimens. However, when one specimen evidences improper sampling, molding or testing, it will be discarded and remaining cylinder considered test result. When high -early -strength concrete is used, specimens will be tested at 3 and 7 days. Air content: For each strength test, determination of air content of normal weight concrete according to ASTM C231. g. Slump: For each strength test, and whenever consistency of conciete appears to vary, conducting slump test in accordance with ASTM C143. h. Temperature: For each strength test, checking concrete temperature in accordance with ASTM C1064. i. Lightweight concrete: For each strength test, or more frequently when requested by the Engineer determination of air content by ASTM C567 and unit weight by ASTM C567. J• Monitoiing of current and forecasted climatic conditions to determine when rate of evaporation, as determined by Figure 2.1.5 of ACI 305R, will produce loss of 0.2 pounds of water, of more, per square foot per hour Testing lab representative will advise Contractor to use hot weather precautions when such conditions will exist during conciete placement, and note on concrete test reports when Contractor has been advised that hot weather conditions will exist. 5/2013 03310-4 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE k. Class A and D Concrete Shrinkage Tests: Performance of drying shrinkage tests for trial batches as follows: 1) Preparation and Testing of Specimens: Compression and drying shrinkage test specimens will be taken in each case from the same concrete sample; shrinkage tests will be considered a part of the normal compression tests for the project. 4-inch by 4-inch by 11-inch prisms with an effective gage length of 10 inches, fabricated, cured, dried and measured in accordance with ASTM C157, modified as follows: (a). Wet curing: Remove specimens from molds at an age of 23 hours ±1 hour after trial batching and immediately immerse in water at 70 degrees F ±3 degrees F for at least 30 minutes; (b). Measure within 30 minutes after first 30 minutes of immersion to determine original length (not to be confused with "base length"); (c). Then submerge in saturated limewater, at 73 degrees F ±3 degrees F, for 7 days; (d). Then measure at age 7 days to establish "base length" for drying shrinkage calculations ( 'zero" days drying age); (e). Calculate expansion (base length expressed as a percentage of original length); (f). (g)• Immediately store specimens in a temperature and humidity controlled loom maintained at 73 degrees F, ±3 degrees, and 50 percent relative humidity, ±4 percent, for the remainder of the test. Measure to determine shrinkage expressed as percentage of base length. Compute the drying shrinkage deformation of each specimen as the difference between the base length (at ?zero@ days drying age) and the length after drying at each test age. Compute the average drying shrinkage deformation of the specimens to the nearest 0.0001 inch at each test age If the drying shrinkage of any specimen departs from the average of that test age by more than 0.0004 inch, disregard the results obtained from that specimen. 5/2013 03310-5 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE Report results of shrinkage tests to the nearest 0.001 percent of shrinkage. (h). Report shrinkage separately for 7, 14, 21, and 28 days of drying after 7 days of moist curing. 4. Additional Testing and Quality Control Services: The following will be performed by an independent commercial testing laboratory employed and paid by the Owner in accordance with Section 01450, Testing Laboiatory Services, when requested by the Engineer. a. Checking of batching and mixing operations. b. Review of manufacturer's report of each cement shipment and conducting laboratory tests of cement. c. Molding and testing reserve 7-day cylinders or field cylinders. d. Conducting additional field tests for slump, concrete temperature, and ambient temperature. e. Alkalinity Tests: For concrete used in sanitary structures one test for each structure. Perform alkalinity tests on concrete covering reinforcing steel on the inside of the pipe or structure in accordance with "Encyclopedia of Industrial Chemical Analysis," Vol. 15, page 230. 5. Contractor shall provide the following testing and quality control services: a. Employ an independent commercial testing laboratory, acceptable to Owner, to prepare and test design mix for each class of concrete for which material source has been changed. b. Notify commercial testing laboratory employed by Owner 24 hours prior to placing concrete. 6. Testing of deficient concrete in place: a. When averages of three consecutive strength test results fail to equal or exceed specified strength, or when any individual strength test result falls below specified strength by more than 500 psi, strength of concrete shall be considered potentially deficient and core testing, structural analysis or load testing may be required by the Engineer. b. When concrete in place proves to be deficient, Contractor shall pay costs, including costs due to delays, incurred in providing additional 5/2013 03310-6 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE testing and analysis services provided by the Engineer, or the independent commercial testing laboratory selected by the Owner. c. Replace concrete work judged inadequate by core tests, structural analysis or load tests at no additional cost to the Owner. d. Core Tests: 1) Obtain and test cores in accordance with ASTM C42. Where concrete in structure will be dry under service conditions, air dry cores (temperature 60 to 80 degrees F, relative humidity less than 60 percent) for 7 days before test; test dry. Where concrete in structure will be more than superficially wet under service conditions, test cores after moisture conditioning in accordance with ASTM C42. 2) Take at least three representative cores from each member or area of concrete in place that is considered potentially deficient. Location of cores shall be determined by the Engineer so as to least impair strength of structure. When, before testing, one or more cores shows evidence of having been damaged during or after removal from structure, replace the damaged cores. 3) Concrete in area represented by core test will be considered adequate when average strength of cores is equal to at least 85 percent of specified strength, and when no single core is less than 75 percent of specified strength. 4) Patch core holes in accordance with Section 03300 — Cast -in - Place Concrete, Paragraph 3.13. e. Structural Analysis: When core tests are inconclusive or impractical to obtain, the Engineer may perform additional structural analysis at Contractor's expense to confirm safety of structure. f. Load Tests: When core tests and structural analysis do not confirm safety of structure, load tests may be required, and their results evaluated, in accordance with ACI 318. g. Testing by impact hammer, sonoscope, probe penetration tests (Windsor probe), or other nondestructive device may be permitted by the Engineer to determine relative strengths at various locations in structure, to evaluate concrete strength in place or for selecting areas to be cored However, such tests, unless properly calibrated and correlated with other test data, shall not be used as basis for acceptance or rejection of structure's safety. 5/2013 03310-7 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE 1.06 STORAGE AND HANDLING OF MATERIALS A. Cement: Store cement in weather tight buildings, bins or silos to provide protection from dampness and contamination and to minimize warehouse set. When there is any doubt as to the expansive potential of shrinkage -compensating cements because of method or length of storage and exposure, laboratory test cement before use. B. Aggregate: Arrange and use aggregate stockpiles to avoid excessive segregation or contamination with other materials or with other sizes of like aggregates. Build stockpiles in successive horizontal layers not exceeding 3 feet in thickness. Complete each layer before next is started. C. Fine Aggregate: Before using, allow fine aggregate to drain until uniform moisture content is reached. D. Admixtures: Store admixtures to avoid contamination, evaporation of damage. For those used in form of suspensions or non -stable solutions, provide suitable agitating equipment to assure uniform distribution of ingredients. Protect liquid admixtures fiom freezing and other temperature changes which would adversely affect their characteristics. E Lightweight Aggregates: Uniformly pre -dampen lightweight aggregates as necessary to prevent excessive variations in moisture content. Allow pre -dampened aggregates to remain in stockpiles, under continuous fog spray, foi minimum of 24 hours before use. Provide adequate drainage in stockpile areas to eliminate excess water and accumulation of contaminated fines. 2.0 PRODUCTS 2.01 MATERIALS A. Cement: 1. Use same brand of cement used in concrete mix design Use only one brand of each type in each structure, unless otherwise indicated on Drawings. 2. Portland Cement: ASTM C 150, Type I or Type II, gray in color. Use Type III only when specifically authorized by the Engineer in writing. Use Type II, including the requirements of Table 2, in construction of liquid -containing structures and cooling towers, unless shown otherwise on Drawings. B. Admixtures: 1. Do not use calcium chloride, thiocyanate or admixtures containing more than 0.05 percent chloride ions. 2. Air -Entraining Admixtures: ASTM C260, compatible with other admixtures used. 5/2013 03310-8 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE 3. Chemical Admixtuies: Polymer type, non -staining, chloride -free admixtures conforming to ASTM C494, Type A, C, D or E 4. High -Range Water Reducer (Superplasticizer): ASTM C494 Type F or G, compatible with and by the same manufacturer as other admixtures. C. Mixing Water: Use clean, potable water, free from harmful amounts of oils, acids, alkalis or other deleterious substances, meeting requirements of ASTM C94. D. Aggregates: Use coarse aggregate from only one source and fine aggregate from only one source, for exposed concrete in any single structure. 1. Coarse Aggregate: Gravel, crushed gravel or crushed limestone conforming to ASTM C33. 2. Fine Aggregate: Natural sand complying with ASTM C33. 3. Limestone aggregate shall conform to ASTM C33 and the following additional requirements: a. Clean, hard, strong and durable particles free of chemicals and coatings of silt, clay, or other fine materials that may affect hydration and bond of cement paste. b. Select crushed limestone: High -calcium limestone (minimum 95 percent CaCO3 and maximum 3.5 percent MgCO3) with maximum Los Angeles Abiasion loss of 38 percent, when tested in accordance with ASTM C131 or ASTM C535. c. Test aggregate for soundness in accordance with ASTM C88; maximum loss shall not exceed 18 percent after 5 cycles of magnesium sulfate test. 4. Maximum size of coarse aggregate: a. Normal weight concrete, except as noted below: 1-1/2 inches. b. Formed members 6 inches or less in least dimension: 1/5 least dimension. c. Slabs: 1/3 depth of slab. d. Drilled shafts: 1/3 clearance between reinforcing steel, but not greater than 3/4 inch. e. Concrete fill, seal slabs and bonded concrete topping in clarifiers: 3/8 inch. 5/2013 03310-9 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE 5. Coarse aggregate for lightweight concrete: ASTM C330. Grading limits: 3/4 inch to No. 4. 6. Abrasive Aggregate: Conform to requirements of Section 03300 — Cast -in - Place Concrete, Paragiaph 3.13. E Calcium Chloride: Not permitted. F. Evaporation Retardant: Masterbuilders "Confilm", Euclid "Eucobar", or equal. G. Miscellaneous Materials: 1. Bonding Agent: Two -component modified epoxy resin. 2. Vapor barrier. 6-mil clear polyethylene film of type recommended for below - grade application. 3. Non -shrink grout: premixed compound consisting of non-metallic aggregate, cement and water -reducing and plasticizing agents; capable of developing minimum compressive strength of 2,400 psi in 48 hours and 7,000 psi in 28 days. 2.02 CONCRETE MIX A. Objective: Select proportions of ingredients to produce concrete having proper placability, durability, strength, appearance and other specified properties. B. Mix Design: Employ and pay an independent commercial testing laboratory, acceptable to Owner, to prepare and test mix designs for each type of concrete specified. Proportion mix design ingredients by weight. Submit mix designs and test results for approval. During the trial batches, aggregate proportions may be adjusted by the testing laboratory using two coarse aggregate size ranges to obtain the required properties If one size range produces an acceptable mix, a second size range need not be used. Such adjustments shall be considered refinements to the mix design and shall not be the basis for extra compensation to the Contractor. Concrete shall conform to the requirements of this Section, whether the aggregate proportions are from the Contractor's preliminary mix design, or whether the proportions have been adjusted during the trial batch process. Prepare trial batches using the aggregates, cement and admixtures proposed for the project. Make trial batches large enough to obtain 3 drying shrinkage test specimens and 6 compression test specimens from each batch. Shrinkage testing is required only for Class A and D concrete. 5/2013 03310-10 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE 2. Determine compressive strength by testing 6-inch diameter by 12-inch high cylinders, made cured and tested in accordance with ASTM C192 and ASTM C39 Test 3 compression test cylinders at 7 days and 3 at 28 days. Average compressive strength for the 3 cylinders tested at 28 days for any given trial batch shall be not less than 125 percent of the specified compressive strength. 3. Perform sieve analysis of the combined aggregate for each trial batch according to of ASTM C136. Repoit percentage passing each sieve. 4. In mix designs for Class A and D concrete, fine aggregate shall not exceed 41 percent of total aggregate by weight. C. Shrinkage Limitations, Class A and D Concrete 1. Maximum concrete shrinkage for specimens cast in the laboratory from the trial batch: 0.036 percent as measured at 21-day drying age or 0.042 percent at 28-day drying age. Use for construction only mix designs that meet trial batch shrinkage requirements. Shrinkage limitations apply only to Class A and D concrete. 2. Maximum concrete shrinkage for specimens cast in the field shall not exceed the trial batch maximum shrinkage requirement by more than 25 percent. 3. If the requited shrinkage limitation is not met during construction, take any or all of the following actions, at no additional cost to the Owner, for securing the specified shrinkage requirements: Changing the source or aggregates, cement or admixtures; reducing water content; washing of aggregate to reduce fines• increasing the number of construction joints; modifying the curing requirements; or other actions designed to minimize shrinkage or its effects. D. Selecting Ingredient Proportions for Concrete: 1. Proportion concrete mix according to ACI 301, Chapter 3. 2. Establish concrete mix design by laboratory trial batches prepared by independent testing laboratory, or on basis of previous field experience in accordance with provisions of ACI 318, Item 5.3; however, minimum cement content for each class of concrete shall not be less than specified. 3. Concrete mix design data submitted for review shall have average 28-day compressive strength calculated in accordance with ACI 318, Item 5.3.2.1. When data is not available to determine standard deviation in accordance with ACI 318, Item 5.3.1, average 28-day strength of mix design shall conform to ACI 318, Table 5.3.2.2. E Water -Cement Ratios: 1. Maximum allowable water -cement ratios shall be as follows: 5/2013 03310-11 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE a. Concrete for liquid -containing structures: 0.45. b. Concrete subjected to brackish water, salt splay or deicers: 0.40. c. All other concrete: 0.55. 2. Superplasticizer may be added to maintain specified maximum water -cement ratios. Include free water in aggregate in water -cement ratio computations. F. Adjustment of Mix Proportions: After sufficient data becomes available during construction, mix may be adjusted upon approval of the Engineer, in accordance with ACI 318, Item 5.5; however, minimum cement content for each class of concrete shall not be less than specified. G. Entrained Air: Air -entrain all concrete except drilled shafts. Total air content in accordance with ASTM C173: 4 to 6 percent. H. Consistency, Workability, and Slump. L The quantity of water in a batch of concrete shall be just sufficient, with a normal mixing period to produce concrete which can be worked properly into place without segregation, and which can be compacted by vibratory methods as specified, to give the desired strength, density, impermeability and smoothness of surface. Change the quantity of water as necessary, with variations in the nature or moisture content of the aggregates, to maintain uniform production of a desired consistency. Determine the consistency of the concrete in successive batches by slump tests in accordance with ASTM C 143. Slumps shall be as follows: Concrete Type Minimum Slump Maximum Slump Portland Cement Concrete 2" 4" Concrete to be dosed with superplasticizer: 1" 3„ Normal Weight Concrete after dosing with superplasticizer 4" 9" Lightweight Concrete after dosing with superplasticizer 4" 7„ Drilled Shaft Concrete: 4"* 8" * Minimum slump where drilled shafts are cast in temporary casings: 5 inches 2. Specified slump shall apply at time when concrete is discharged at job site. Perform slump tests to monitor uniformity and consistency of concrete delivered to job site however, do not use as basis for mix design. Do not exceed water -cement ratios specified. 03310-12 of 23 5/2013 CITY OF PEARLAND STRUCTURAL CONCRETE I. Admixtures: Proportion admixtures according to manufacturer's recommendations. Use of accelerator is permitted when air temperature is less than 40 degrees F. Use of retarder is permitted when temperature of placed concrete exceeds 65 degrees F. J. High -Range Water Reducers (Superplasticizers): Use superplasticizer to improve workability of concrete or delay hydration of cement, in accordance with requirements and recommendations of product manufacturer and approved submittals. K. Concrete Classification and Strength: 1. Strength: Conform to values for class of concrete indicated on Drawings for each portion of Work. Requirements are based on 28-day compressive strength. If high early -strength concrete is allowed, requirements are based on 7-day compressive strength. 2. Classification: Minimum 28-day Class Compressive Strength Minimum Cement Content (Normal -weight) (psi) Pounds per Cubic Yard Concrete for Structures Containing Water or Wastewater 4,000 564 (6 sacks) A B C D H 1,500 3,000 5,000 3,000 329 (3 1 sacks) 470 (5 sacks) 658 (7 sacks) 611 (6 1/2 sacks) Concrete for Buildings, Slabs on Grade and Miscellaneous Structures AB 4,000 Not Applicable BB 1,500 Not Applicable CB 3,000 Not Applicable DB 5,000 Not Applicable Class (Light -weight) E F G Minimum 28-day Compressive Strength (psi) 3,000 4,000 5,000 Minimum Cement Content Pounds per Cubic Yard Not Applicable Not Applicable Not Applicable 3. Maximum size aggregate for Class H concrete: 3/8 inch. Maximum size aggregate for all other normal -weight concrete: 1-1/2 inches, except as specified in Paragraph 2.01D.4. 4. When required strength is not obtained with minimum cement content as specified, add cement, lower water -cement ratio or provide other aggregates as necessary. 5/2013 03310-13 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE 5. In addition to conforming to specified strength, lightweight concrete must be within specified unit weight limits. Maximum air-dry unit weight is 118 pounds per cubic foot; minimum is 110 pounds per cubic foot unless shown otherwise on Drawings. Determine air-dry unit weight in accordance with ASTM C567. Correlate air-dry unit weight with fresh unit weight of the same concrete as a basis for acceptance during construction. L Use of Classes of Concrete: 1. Use classes of concrete as indicated on the Drawings and in other specifications. 2. Liquid -containing structures: If not otherwise indicated, use the following classes foi structures containing water or wastewater and for utility applications in the locations described: a. Class A: All reinforced concrete and where not otherwise defined. b. Class B: Unreinforced concrete used for plugging pipes, seal slabs, thrust blocks, and trench dams, unless indicated otherwise. c. Class H: Fill and topping. Where concrete fill thickness exceeds 3 inches in the majority of a placement and is not less than 1.5 inches thick, Class A concrete may be used. 3. All other structures* If not otherwise indicated, use the following classes in the locations described: a. Class AB• All reinforced concrete and where not otherwise defined. b. Class CB: Duct banks; see Section 16402 — Underground Duct Banks for additional requirements. c. Class BB: Unreinforced concrete fill under structures. 2.03 MIXING NORMAL WEIGHT CONCRETE A. Conform to ACI 301, Chapter 7. B. Ready -Mixed Concrete: 1. Measure, batch, mix and transport ready -mixed concrete according to ASTM C94. Plant equipment and facilities shall conform to NRMCA "Certification of Ready Mixed Concrete Production Facilities". 5/2013 03310-14 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE 2. Provide batch tickets with information specified in ASTM C94. Deliver batch ticket with concrete and give to Owner's on -site testing laboratory representative. C. Batch Mixing at Site: 1. Mix concrete in batch mixer conforming to requirements of CPMB "Concrete Plant Mixer Standards". Use mixer equipped with suitable charging hopper, water storage tank and water measuring device. Batch mixer shall be capable of mixing aggregates, cement and water into uniform mass within specified mixing time, and of discharging mix without segregation. Operate mixer according to rated capacity and recommended revolutions per minute printed on manufacturer's rating plate. 2. Charge batch into mixer so some water will enter before cement and aggregates. Keep water running until one-fourth of specified mixing time has elapsed. Provide controls to prevent dischaiging until required mixing time has elapsed. When concrete of normal weight is specified, provide controls to prevent addition of water during mixing. Discharge entire batch before mixer is recharged. 3. Mix each batch of 2 cubic yards or less for not less than 1 minute and 30 seconds. Increase minimum mixing time 15 seconds for each additional cubic yard or fraction of cubic yard. 4. Keep mixer clean. Replace pick-up and throw -over blades in drum when they have lost 10 percent of original depth. D. Admixtures: 1. Charge air -entraining and chemical admixtures into mixer as solution using automatic dispenser or similar metering device. Measure admixture to accuracy within + 3 percent. Do not use admixtures in powdered form. 2. Two or more admixtures may be used in same concrete, provided that admixtures in combination retain full efficiency and have no deleterious effect on concrete or on properties of each other. Inject admixtures separately during batching sequence. 3. Add retarding admixtures as soon as practicable after addition of cement. E Temperature Control: 1. When ambient temperature falls below 40 degrees F, keep as -mixed temperature above 55 degrees F to maintain concrete above minimum placing temperature. 5/2013 03310-15 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE 2. When water or aggregate has been heated, combine water with aggregate in mixer before cement is added. Do not add cement to mixtures of water and aggregate when temperature of mixture is greater than 100 degrees F. 3. In hot weather, maintain temperature of concrete below maximum placing temperature. When necessary, temperature may be lowered by cooling ingredients, cooling mixer drum by fog spray, using chilled water or well - crushed ice in whole or part for added water, or arranging delivery sequence so that time of transport and placement does not generate unacceptable temperatures. 4. Submit hot weather and cold weather concreting plans for approval. 2.04 MIXING LIGHTWEIGHT CONCRETE A. Determining Absorption of Aggregates: Mixing procedures vary according to total absorption by weight of lightweight aggregates. Determine total absorption by weight before pre -damping in accordance with ASTM C127. B. Ten Percent or Less Absorption: Follow same requirements as for mixing normal - weight concrete when preparing concrete made with low -absorptive lightweight aggregates having 10 percent or less total absorption by weight. To be low -absorptive, aggregates must absorb less than 2 percent additional water in first hour after mixing. C. More Than 10 Percent Absorption: Batch and mix concrete made with lightweight aggregates having more than 10 percent total absorption by weight, as follows: 1. Place approximately 80 percent of mixing water in mixer. 2. If aggregates are pre -dampened, add air -entraining admixture and all aggregates. Mix for minimum of 30 seconds, or 5 to 10 revolutions of truck mixer. 3. When aggregates have not been pre -dampened, mix aggregates and water for minimum of 1 minute and 30 seconds, or 15 to 30 revolutions of truck mixer. Then add air -entraining admixture and mix for additional 30 seconds. 4. Then, in the following sequence, add specified or permitted admixtures (other than air -entraining agent) all cement, and mixing water previously withheld. 5. Complete mixing using procedures for normal -weight concrete. 2.05 MASS CONCRETE A. Do not use high early -strength cement (Type III) or accelerating admixtures. 5/2013 03310-16 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE B. Use high -range water -reducing admixture (superplasticizer) to minimize water content and cement content. C. Specified water -reducing retarding admixture may be required to prevent cold joints when placing large quantities of concrete, to permit revibration of concrete, to offset effects of high temperature in concrete or weather, and to reduce maximum temperature or rapid temperature rise. 2.06 EQUIPMENT A. Select equipment of size and design to ensure continuous flow of concrete at delivery end. Conform to following equipment and operations requirements. B. Truck mixers, agitators and manner of operation: Conform to ASTM C94. Use of non -agitating equipment for transporting concrete is not permitted. C. Belt conveyors: Configure horizontally, or at a slope causing no segregation or loss. Use approved ari angement at discharge end to prevent separation. Discharge long runs without separation into hopper. D. Chutes: Metal or metal -lined (other than aluminum). Arrange for vertical -to - horizontal slopes not more than 1 to 2 or less than 1 to 3. Chutes longer than 20 feet or not meeting slope requirements may be used if concrete is discharged into hopper before distribution. E Do not use aluminum or aluminum -alloy pipe or chutes for conveying concrete. 3.0 EXECUTION 3.01 SPECIAL CONSIDERATIONS A. Concreting Under Water: Not permitted except where shown otherwise on Drawings or approved by the Engineer. When shown or permitted deposit concrete under water by methods acceptable to the Engineer so fresh concrete enters mass of previously - placed concrete from within, causing water to be displaced with minimum disturbance at surface of concrete. B. Protection from Adverse Weather: Unless adequate protection is provided or the Engineer's approval is obtained, do not place concrete during rain sleet, snow or freezing weather. Do not permit rainwater to increase mixing water or to damage surface finish. If rainfall occurs after placing operations begin, provide adequate covering to protect Work. 3.02 PREPARATION OF SURFACES FOR CONCRETING A. Earth Surfaces: 5/2013 03310-17 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE 1 Under interior slabs on grade, install vapor barrier. Lap joints at least 6 inches and seal watertight with tape, or sealant applied between overlapping edges and ends. Repair vapor barrier damaged during placement of reinforcing and inserts with vapoi barrier material; lap over damaged areas at least 6 inches and seal watertight. 2. Other Earth Surfaces: Thoroughly wet by sprinkling prior to placing concrete, and keep moist by frequent sprinkling up to time of placing concrete thereon. Remove standing water. Surfaces shall be free from standing water, mud and debris at the time of placing concrete. B. Construction Joints: 1. Definition: Concrete surfaces upon or against which concrete is to be placed, where the placement of the concrete has been interrupted so that, in the judgment of the Engineer, new concrete cannot be incorporated integrally with that previously placed. 2. Interruptions: When placing of concrete is to be interrupted long enough for the concrete to take a set, use forms or other means to shape the working face to secure proper union with subsequent work. Make construction joints only where acceptable to the Engineer. 3. Preparation: Give horizontal joint surfaces a compacted, roughened surface for good bond. Except where the Drawings call for joint surfaces to be coated, clean joint surfaces of laitance loose or defective concrete and foreign material by hydroblasting or sandblasting (exposing aggregate), roughen surface to expose aggregate to a depth of at least 1/4 inch and wash thoroughly. Remove standing water from the construction joint surface before new concrete is placed. 4. After surfaces have been prepared cover approximately horizontal construction joints with a 3-inch lift of a grout mix consisting of Class A concrete batched without coarse aggregate; place and spread grout uniformly. Place wall concrete on the grout mix immediately thereafter. C. Set and secure reinforcement anchor bolts, sleeves, inserts and similar embedded items in the forms where indicated on Contract Drawings, shop drawings and as otherwise required. Obtain the Engineer's acceptance before concrete is placed. Accuracy of placement is the sole responsibility of the Contractor. D. Place no concrete until at least 4 hours after formwork inserts, embedded items, reinforcement and surface preparation have been completed and accepted by the Engineer. Clean surfaces of forms and embedded items that have become encrusted with grout o1 previously -placed concrete before placing adjacent concrete. 5/2013 03310-18 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE E Casting New Concrete Against Old: Where concrete is to be cast against old concrete (any concrete which is greater than 60 days of age), thoroughly clean and roughen the surface of the old concrete by hydroblasting or sandblasting (exposing aggregate). Coat joint surface with epoxy bonding agent following manufacturer's written mstiuctions, unless indicated otherwise. Unless noted otherwise, this provision does not apply to vertical wall joints where waterstop is installed. F. Protection from Water: Place no concrete in any structure until water entering the space to be filled with concrete has been properly cut off or divested and carried out of the forms, clear of the work. Deposit no concrete underwater without special methods. Do not allow still water to rise on any concrete until concrete has attained its initial set. Do not allow water to flow over the surface of any concrete in a manner and at a velocity that will damage the surface finish of the concrete. Pumping, dewatering and other necessary operations for removing ground water, if required, are subject to the Engineer's review. Corrosion Protection. Position and support pipe, conduit, dowels and other ferrous items to be embedded in concrete construction prior to placement of concrete so there is at least a 2 inch clearance between them and any part of the concrete reinforcement. Do not secure such items in position by wiring or welding them to the reinforcement. H. Where practicable, provide for openings for pipes, inserts for pipe hangers and brackets, and setting of anchors during placing of concrete. I. Accurately set anchor bolts and maintain in position with templates while they are being embedded in concrete. J. Cleaning: Immediately before concrete is placed, thoroughly clean dirt, grease, grout, mortar, loose scale, rust and other foreign substances from surfaces of metalwork to be in contact with concrete. 3.03 HANDLING, TRANSPORTING AND PLACING CONCRETE A. Conform to applicable requirements of Chapter 8 of ACI 301 and this Section. Use no aluminum materials in conveying concrete. B. Rejected Work: Remove concrete found to be defective or non -conforming in materials or workmanship. Replace rejected concrete with concrete meeting requirements of Contract Documents, at no additional cost to the Owner. C. Unauthorized Placement: Place no concrete except in the presence of the Engineer. Notify the Engineer in writing at least 24 hours before placement of concrete. D. Placement in Wall Forms: 1. Do not drop concrete through reinforcing steel that will not be covered by current pour. 5/2013 03310-19 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE 2. Do not place concrete in any form so as to leave an accumulation of mortar on form surfaces above the concrete. 3. Pump concrete or use hoppers and, if necessary, vertical ducts of canvas rubber or metal (other than aluminum) for placing conciete in forms so it reaches the place of final deposit without separation. Free fall of concrete shall not exceed 4 feet below the ends of pump hoses, ducts, chutes or buggies Uniformly distribute conciete during depositing. 4. Do not displace concrete in forms more than 6 feet in horizontal direction from place where it was originally deposited. Do not transport conciete with vibrators. 5. Deposit in uniform horizontal layers not deeper than 2 feet; take care to avoid inclined layers or inclined construction joints except where required foi sloping members. 6. Place each layer while the previous layer is still soft. Rate of placement shall not exceed 5 feet of vertical rise per hour. 7 Provide sufficient illumination in form interior so concrete at places of deposit is visible from the deck or runway. E Conveyors and Chutes: Design and arrange ends of chutes, hopper gates and other points of concrete discharge in the conveying, hoisting and placing system so concrete passing from them will not fall separated into whatever receptacle immediately receives it. Conveyors, if used, shall be of a type acceptable to the Engineer. Do not use chutes longer than 50 feet. Slope chutes so concrete of specified consistency will readily flow If a conveyor is used, it shall be wiped clean by a device operated in such a manner that none of the mortar adhering to the belt will be wasted. All conveyors and chutes shall be covered. F. Placement of Slabs: In hot or windy weather, conducive to plastic shrinkage cracks, apply evaporation retardant to slab after screeding in accordance with manufacturer's instructions and recommendations. Do not use evaporation retardant to increase water content of the surface cement paste. Place concrete for sloping slabs uniformly from the bottom of the slab to the top, for the full width of the placement. As work progresses, vibrate and carefully work concrete around slab reinforcement. Screed the slab surface in an up -slope direction. G. When adverse weather conditions affect quality of concrete, postpone concrete placement. Do not mix concrete when the aii temperature is at or below 40 degrees F and falling. Concrete may be mixed when temperature is 35 degrees F and rising. Take temperature readings in the shade, away from artificial heat. Protect concrete from temperatures below 32 degrees F until the concrete has cured foi a minimum of 3 days at 70 degrees F or 5 days at 50 degrees F. 5/2013 03310-20 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE H. When concrete temperature is 85 degrees F or above, do not exceed 60 minutes between introduction of cement to the aggregates and discharge. When the weather is such that the concrete temperature would exceed 90 degrees F, employ effective means, such as pre -cooling of aggregates and mixing water, using ice or placing at night, as necessary to maintain concrete temperature, as placed, below 90 degrees F. 3.04 PUMPING OF CONCRETE A. If pumped concrete does not produce satisfactory results, in the judgment of the Engineer, discontinue pumping operations and proceed with the placing of concrete using conventional methods. B. Pumping Equipment: Use a 2-cylinder pump designed to operate with only one cylinder if one is not functioning, or have a standby pump on site during pumping. C. The minimum hose (conduit) diameter: Comply with ACI 304.2R. D. Replace pumping equipment and hoses (conduits) that do not function properly. E Do not use aluminum conduits for conveying concrete. F. Field Control: Take samples for slump, air content and test cylinders at the placement (discharge) end of the line. 3.05 CONCRETE PLACEMENT SEQUENCE A. Place concrete in a sequence acceptable to the Engineer. To minimize effects of shrinkage, place concrete in units bounded by construction joints shown. Place alternate units so each unit placed has cured at least 7 days for hydraulic structures, or 3 days for other structures, before contiguous unit or units are placed, except do not place corner sections of vertical walls until the 2 adjacent wall panels have cured at least 14 days for hydraulic structures and 7 days for other structures. B. Level the concrete surface whenever a run of concrete is stopped. To ensure straight and level joints on the exposed surface of walls, tack a wood strip at least 3/4-inch thick to the forms on these surfaces. Carry concrete about 1/2-inch above the underside of the strip. About one hour after concrete is placed, remove the strip, level irregularities in the edge formed by the strip with a trowel and remove laitance. 3.06 TAMPING AND VIBRATING A. Thoroughly settle and compact concrete throughout the entire depth of the layer being consolidated, into a dense homogeneous mass; fill corners and angles, thoroughly embed reinforcement, eliminate rock pockets and being only a slight excess of water to the exposed surface of concrete during placement. Use ACI 309R Group 3 immersion - type high-speed power vibrators (8,000 to 12,000 ipm) in sufficient number and with 5/2013 03310-21 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE sufficient (at least one) standby units. Use Group 2 vibrators only when accepted by the Engineer for specific locations. B. Use care in placing concrete around waterstops. Carefully work concrete by sodding and vibrating to make sure air and rock pockets have been eliminated. Where flat -strip type waterstops are placed horizontally, work concrete under waterstops by hand, making sure air and rock pockets have been eliminated. Give concrete surrounding the waterstops additional vibration beyond that used for adjacent concrete placement to assure complete embedment of waterstops in concrete. C. Concrete in Walls: Internally vibrate, ram, stir, or work with suitable appliances, tamping bars, shovels or forked tools until concrete completely fills forms or excavations and closes snugly against all surfaces. Do not place subsequent layers of concrete until previously -placed layers have been so worked. Provide vibrators in sufficient numbers, with standby units as required, to accomplish the results specified within 15 minutes after concrete of specified consistency is placed in the forms. Keep vibrating heads from contact with form surfaces. Take care not to vibrate concrete excessively or to work it in any manner that causes segregation of its constituents. 3.07 PLACING MASS CONCRETE A. Observe the following additional restrictions when placing mass concrete. 1. Use specified supeiplasticizer. 2. Maximum temperature of concrete when deposited: 70 degrees F. 3. Place in lifts approximately 18 inches thick. Extend vibrator heads into previously -placed layer. 3.08 REPAIRING SURFACE DEFECTS AND FINISHING A. Conform to Section 03300 - Cast -in -Place Concrete. 3.09 CURING A. Conform to Section 03300 - Cast -in- Place Concrete. 3.10 PROTECTION A. Protect concrete against damage until final acceptance by the Owner. B. Protect fresh concrete from damage due to rain, hail, sleet or snow Provide such protection while the concrete is still plastic and whenever such precipitation is imminent or occurring. 5/2013 03310-22 of 23 CITY OF PEARLAND STRUCTURAL CONCRETE C. Do not backfill around concrete structures or subject them to design loadings until all components of the structure needed to resist the loading are complete and have reached the specified 28-day compressive strength, except as authorized otherwise by the Engineer. END OF SECTION 5/2013 03310-23 of 23 CITY OF PEARLAND COMPUTER EQUIPMENT SECTION 13731 COMPUTER EQUIPMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General and Special Conditions and Division 01 Specification Sections, 01200 Measurement and Payment Procedures, 01350 Submittals, 01500 Temporary Facilities and Controls and 01505 Mobilization apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Portable "laptop" computer work -station. 2. One or more internet access workstations. 3. Computer operating system and application software. 1.3 DEFINITIONS A. CPU: Central processing unit. B. ProTrak software: a web -based project management and collaborative communications system providing multiple project users access to all project documentation. C. Credential: Password for the protected access to the ProTrak software providing data security for project documentation. DSL• Digital Subscriber Line. Commercial subscription for access to the internet E Wireless Hub: Wireless access to the DSL internet connection for use with wireless computer modems in lap top computers. F. PC: Personal computer. Applies to the central station, workstations, file servers and portable lap tops. G. PDF: Portable Document Format. The file format used by the Acrobat document -exchange - system software from Adobe. H. RAS: Remote access services. I. RF: Radio frequency. J. ROM: Read-only memory. ROM data are maintained through losses of power. K. TCP/IP Transport control protocol/Internet protocol incorporated into Microsoft Windows. 12-2- 2011 13730 - 1 CITY OF PEARLAND COMPUTER EQUIPMENT L. UPS: Uninterruptible power supply. M. USB: Universal serial bus. N . WAN: Wide area network. O . WAV: The digital audio format used in Microsoft Windows. P . WMP: Windows media player. Q. Windows: Operating system by Microsoft Corporation. R. Workstation: A PC with software that is configured for specific functions. 1.4 ACTION SUBMITTALS A. Product Data: Provide manufacturer's product description as a submittal for each type of product indicated. Include rated capacities, operating characteristics, and furnished specialties or accessories. Reference each product to the original specification Warranty data and any required warranty use authorization should be provided and transferable to the City as end user. 1.5 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: Provide all users' manuals, warranty information and any proof of purchase type information required for warranty and information regarding imbedded software licensing. In addition to items specified in Section 01782 "Operation and Maintenance Data," include the following: 1. Microsoft Windows software documentation. 2. PC installation and operating documentation, manuals, and software for the PC and all installed peripherals. Software shall include system restore, emergency boot diskettes/ cd's, and drivers for all installed hardware. Provide separately for each PC 3. Hard copies of manufacturer's specification sheets operating specifications, design guides, user's guides for software and hardware, and PDF files on CD-ROM of the hard - copy submittal. 4. System installation and setup guides with data forms to plan and record options and setup decisions. 1.6 QUALITY ASSURANCE A. Comply with NFPA 70, "National Electrical Code." B. Provide "new" in the box materials and equipment complete with manufacturer's warranty as required. Provide all documentation as supplied by OEM. 1.7 DELIVERY, STORAGE, AND HANDLING A. Workstations, and Portable "laptop" computers: 12-2- 2011 13730 - 2 CITY OF PEARLAND COMPUTER EQUIPMENT 1. Store in temperature- and humidity -controlled environment in original manufacturer's sealed containers. Maintain ambient temperature between 50 and 85 deg F, and not more than 80 percent relative humidity, non -condensing 2. Open each container; verify contents against packing list; and file copy of packing list, complete with container identification. 3. Save original manufacturer's containers and packing materials and deliver as directed under provisions covering extra materials. 1.8 PROJECT CONDITIONS A. Environmental Conditions: System shall be capable of withstanding the following environmental conditions without mechanical or electrical damage or degradation of operating capability: 1. Indoor, Controlled Environment System components, except installed in air-conditioned indoor environments shall be rated for continuous operation in ambient conditions of 36 to 78 deg F dry bulb and 20 to 90 percent relative humidity, non -condensing. 2. Outdoor Environment: System components installed in locations exposed to weather shall be rated for continuous operation in ambient conditions of 36 to plus 100 deg F dry bulb and 20 to 90 percent relative humidity, condensing. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by the following Manufacturer to comply with existing City IT requirements and Software access: 1. Dell Computer: Latitude E6420 ATG (225-0702) Basis -of -Design Product: Subject to compliance with requirements, provide Dell Latitude E6420 (225-0702) or comparable product. 2.2 DESCRIPTION A. System Hardware and Software: Base Unit: Dell Latitude E6420 ATG (225-0702) Processor: Memory: Keyboard: Keyboard: Keyboard: Video Card: Hard Drive: Intel Core i5-2540M, 2.60GHz, 3MB Cache, Dell Latitude E6X20 (317-5995) 4.0GB, DDR3-1333MHz SDRAM, 2 DIMM, Dell Latitude (317-6239) Internal Backlit Dual Pointing English Keyboard, Dell Latitude E (331-1201) Tech Setup Guide, English, Dell Latitude E6420 ATG (331-1715) Documentation (English/French), Dell Latitude E-Family/Mobile Precision (331-2169) Intel HD Graphics 3000, Dell Latitude E6420 ATG (318-0512) 320GB Hard Drive 7200RPM, Dell Latitude E (342-0482) 12-2- 2011 13730 - 3 CITY OF PEARLAND COMPUTER EQUIPMENT Hard Drive Controller: NO Internal Fingerprint Reader and NO contactless smartcard reader, Dell Latitude E6420 ATG (331-2714) Floppy Disk Drive: Floppy Disk Drive: Operating System: Modem: TBU: TBU: CD-ROM or DVD-ROM Drive: Software: Software: Sound Card: Processor Cable: Documentation Disk- ette: Bundled Software: Bundled Software: Feature Feature Service: Service: Service: Service: Service: Service: Support: Support: 14.0 in HD(1366x768) Anti -Glare LED, Dell Latitude E6420 ATG (320-2141) LCD Cover, No Touchscreen, Dell Latitude E6420 ATG (318-0510) Genuine Windows 7 Professional, 64-bit, No Media, Latitude, English (421-8067) No Modem, Dell Latitude E (331-1221) 90W 3-Pin, AC Adapter, Dell Latitude E (331-1719) US - 3 foot Flat Power Cord, Dell Latitude (330-4016) 8X DVD+/-RW Bezel, Dell Latitude E6320/E6420/E6520/ATG (318-0466) Cyberlink Power DVD 9.5,No Media, Dell OptiPlex, Latitude and Precision Work- station (421-4370) Roxio Creator Starter,No Media,Dell OptiPlex, Latitude and Precision Workstation (421-4539) No Camera, with single digital microphone, Dell Latitude E6420/ATG (318-0441) Intel WiFi Link 6205 (802.11a/g/n 2X2) 1/2 MiniCard for VPRO Latitude E/Mobile Precision (430-3961) Intel vPro Technology Advanced Management Features, Dell Latitude E6X20 (331- 1227) Adobe Acrobat X, includes Serial Key Card, FI, ENG/FRN (410-0560) Microsoft Office Professional 2010,English,OptiPlex,Precision and Latitude (421- 3957) 6-Cell (60WH) Primary Lithium Ion Battery for Latitude (312-1151) Carrying Handle, Latitude E6420 ATG (331-1713) Dell Limited Hardware Warranty Plus Service Extended Year(s) (934-9528) Dell Limited Hardware Warranty Plus Service Initial Year (929-3587) ProSupport: Next Business Day Limited Onsite Service After Remote Diagnosis 4 Year Extended (927-0034) ProSupport: Next Business Day Limited Onsite Service After Remote Diagnosis Ini- tial Year (951-4140) ProSupport : 7x24 Technical Support, 4 Year Extended (928-8134) ProSupport : 7x24 Technical Support, Initial (956-5210) Accidental Damage Service, 5 Year (927-0184) Info, Complete Care (988-7689) 12-2- 2011 13730 - 4 CITY OF PEARLAND COMPUTER EQUIPMENT Misc: Misc: Energy Star Enabled/E-PEAT/Gold, Latitude E6420/ATG (331-1931) Intel Core i5 vPro Processor (331-1641) Resource DVD with Drivers, Dell Latitude E6420/ATG (331-1222) Cyberlink Power 9.5.1 AND Roxio Creator Starter Media for DVD+/-RW,Dell Opti- Plex,Workstation and Latitude (421-5109) Media Kit,Win 7 Professional64bit,MUI,Del1 OptiPlex, Precision and Latitude (421- 5682) Dell Back-up and Recovery Manager for Win7, MUI,Optiplex, Precision, Latitude (331-3300) CFI,Integration Fee,Order Ready,Pronc (365-0530) B. Field Office Internet Access 1. CONTRACTOR shall provide and pay for DSL Internet access in the temporary Field Office for use by OWNER'S REPRESENTATIVE, CONSTRUCTION MANAGER and INSPECTORS as well as for CONTRACTOR S use. a. Service must support a minimum of two users simultaneously and be available at all times during working ours b. No separate pay item will be made for Internet Access. Include monthly cost in Temporary Facilities, if a separate pay item is established, or as an incidental cost PART 3 - EXECUTION Provide computer equipment and software submittal in initial "Critical" submittals as material submittal #1. Upon approval by OWNER and ENGINEER; a) deliver computer equipment to OWNER in original manufacturer's packaging. b) Establish wireless internet connections in CONTRACTOR'S field office and coordinate operation of computes with internet access at this location and request c) Invoice Computer Equipment line item in first 50% of Mobilization. END SECTION 12-2- 2011 13730 - 5 READY -MIXED CONCRETE NT Y 1700 + T N, TX 77 51-1700 • REFERENCE DRAWINGS: REFERENCE SPECIFICATIONS: Latest revision of the following: ASTM C33 ASTM C94 CENTERPOINT ENERGY HOUSTON, TX WRITTEN 07/17/02 C.M. Stapling CHECKED 07/17/02 6 07/01/04 Changed Company Name CMS APPROVED 07/17/02 5 07/17/02 Revised & Rewritten NO DATE BY CH APP SHEET 1 OF 3 007 221 01 1.0 SCOPE 1.1 This specification covers the furnishing and delivery of ready -mixed concrete to CenterPoint Energy (CenterPoint). 1.2 Unless otherwise stated, any reference to "representative" in this specification shall be the CenterPoint representative stated in the purchase order. 2.0 GENERAL 2.1 All material shall be in accordance with the CenterPoint purchase order, this specification and the latest revision of any referenced American Society for Testing and Materials (ASTM) standards. 3.0 READY -MIXED CONCRETE MATERIALS 3.1 Unless otherwise stated on the purchase order or by the representative, ready - mixed concrete will be purchased as specified by ASTM C 94 Option A and shall meet the requirements of ASTM C 94 and the following requirements. 3.1.1 Aggregate 3.1.1.1 Coarse aggregate shall conform to ASTM C 33 size 467 (nominal maximum size 1 1/2 inches). 3 1 1 2 Pea gravel coarse aggregate, if specified, shall conform to ASTM C 33 size 67 (nominal maximum size 3/ inches). 3.1.1.3 The restriction on reactive materials in fine aggregate in section 7.3 of ASTM C 33 shall apply. 3.1.1.4 The restriction on reactive materials in coarse aggregate in section 11.2 of ASTM C 33 shall apply. 3.1.1.5 Crushed hydraulic -cement concrete shall not be used as aggregate. 3.1.2 Slump 3.1.2.1 For concrete not specified as a pump mix, the slump shall be 4 inches. 3 1 2 2 For concrete specified as a pump mix, the slump shall be 7 inches. 3.1.3 Air Entrainment 3.1.3.1 If air -entrained concrete is specified, the total air content shall be that recommended for a mild exposure condition. REVISION NO. 6 SPECIFICATION SHEET 2 OF 3 SHEETS 007 221 01 3.1.4 Admixtures 3.1.4.1 Chemical admixtures shall have been in general commercial use for five years or more. 3.1.4.2 Fly ash shall not be used in concrete intended for structures in contact with salt water. 3.1.5 Concrete Strength 3.1.5.1 The concrete shall meet the requirements for compressive strength as stated on the purchase order or by the representative. REVISION NO. 6 SPECIFICATION SHEET 3 OF 3 SHEETS 007 221 01 THIS CATEGORY WILL FURNISH MATERIAL FOR THE INSTALLATION OF DUCT LINE BORES. THE CONSTRUCTION UNIT (CU) LIST: DLBIAXX: DLBI BXX: DLBICXX: DLBI DXX: DLB1EXX: DLBIFXX: DLBIGXX: DLBIHXX: DLBI IXX: DLBIJXX: DLBIKXX: DLBILXX: DUCT LINE BORE, 1-4" DUCT LINE BORE, 2-4" DUCT LINE BORE, 3-4" DUCT LINE BORE, 1-6" DUCT LINE BORE, 2-6" DUCT LINE BORE, 3-6" DUCT LINE BORE, 6-4" DUCT LINE BORE, 4-6" DUCT LINE BORE, 2-6" DUCT LINE BORE, 4-6" DUCT LINE BORE, 6-6" DUCT LINE BORE, 8-6" DLBI- 2 IN-PVC-EB-NP: DLBI- 2 IN-PVC-SCH 40-NP: DLBI- 2 IN-PVC-SCH 80-NP: DLBI- 4 IN-PVC-EB-NP: DLBI- 4 IN-PVC-SCH 40-NP: DLBI- 4 IN-PVC-SCH 80-NP: DLBI- 6 IN-PVC-DB-NP: DLBI- 6 IN-PVC-SCH 40-NP: DLBI- 6 IN-PVC-SCH 80-NP: , VARIABLE LENGTH , VARIABLE LENGTH , VARIABLE LENGTH , VARIABLE LENGTH , VARIABLE LENGTH , VARIABLE LENGTH W/26" CASING, VARIABLE LENGTH W126" CASING, VARIABLE LENGTH & 1-4" W/20' CASING, VARIABLE LENGTH & 1-4" W/30" CASING, VARIABLE LENGTH & 1-4" W/36" CASING, VARIABLE LENGTH & 1-4" W/42" CASING, VARIABLE LENGTH NO PARTS -CONDUIT 2" PVC, NO PARTS -CONDUIT 2" PVC, NO PARTS -CONDUIT 2" PVC, NO PARTS -CONDUIT 4" PVC, NO PARTS -CONDUIT 4" PVC, NO PARTS -CONDUIT 4" PVC, NO PARTS -CONDUIT 6" PVC, NO PARTS -CONDUIT 6" PVC, NO PARTS -CONDUIT 6" PVC, THE MATERIAL UNIT (MU) LIST: DLB24A: DLB26A: DLB26B: DLB26C: DLB26D: 4" CONDUIT PLUG - BORE 6" CONDUIT PLUG - BORE 6" 2 DUCT SPACER FOR 20' 6" 2 DUCT SPACER FOR 36' 6" 2 DUCT SPACER FOR 42' TYPE EB SCHEDULE 40 SCHEDULE 80 TYPE EB SCHEDULE 40 SCHEDULE 80 TYPE DB SCHEDULE 40 SCHEDULE 80 DISTRIBUTION STANDARD l DLB DUCT LINE BORE fb DATE REVISION G1 01 AR DRAWN CHECKED 9 _� e SHEET 1 OF 6 SHEETS 11-4_t- 0`1 DYAWP:GNUMBFa CenterPomt Energy HOUSTON, TX P.G.WILLIAMS SECTION CO APPR o y 'rZa"/ 006 1237 I 15 BORE PIT PUMP TUBING 'VAS!/ \�cette\ x.<\ SPACER PANS CASING BORE SPACERS RECEIVING PIT `X \A.\n. Y>. YNV"). SEE DETAIL 'A' SPACERS SHALL BE PLACED EVERY 5' ON RUNS LESS THAN 2001. TWO SPACERS EVERY 5' ON RUN OVER 200'. SPACER PANS SHALL BE PLACED AT EVERY OTHER SPACER. AT EVERY THIRD PAN. ONE AODTIONAL PAN SHALL BE PLACED ON TOP. PUHP TUBING SHALL BE PLACED AT DIFFERENT LENOHTS INSIDE THE CASINO. THESE LENGTHS ARE GIVEN ON PAGE 3 OF THIS SUBSECTION. DUCT TAPE SHALL BE APPLIED TO JOINTS TO KEEP SLURRY FROM SEEPING INTO CONDUIT. CASING SHALL. BE FURNISHED BY CONTRACTOR. DETAIL 'A' \,� DUCT TAPE DISTRIBUTION STANDARD DLB DUCT LINE BORE CenterPoint Energy HOUSTON, TEXAS DRAWN Cr 2•20•eY CHECKED q- LZ•o' P.G. WILLIAMS SECTIONCO 2 SUBSECTION DLB IT 8 'WEIS \rn\ni RSA nrN fIR122M2Mld A9•7F•11 PAA I N_f DATE I 1 fll I APP APPROVED 0,44, of OCCI UNO B 000237115 15' 50' 70' 40' 40' 75' 100' 50' I00' 150' 50' 50' 50' 100' 100' PUMP TUBE LENGTHS 200' 60' 125' 125' 250' 60' 60' 120' 175' 120' 60' 300' 70' 140' 200' 140' 70' 350' BO' 160' 225' 160' 80' 400' ALL DIMENSIONS ON PUMP TUBING ARE FROM THE EDGE OF CASINO. THESE LENGTHS ARE USED FOR CALCULATION PURPOSES. ACTUAL POSITIONING WILL BE DETERMINED BY CONTRACTOR. 450' BORE LENGTHS PUMP TUBE LENGTHS DISTRIBUTION STANDAR DLB DUCT LINE BORE (PUMP TUBE LENGTHS) CenterPoint Energy HOUSTON.TEXAS eV sop ORAHN G(, t 2—ay CHECKED 1'Z1,-04 APPDOYEtyo_ O ,( 3ECTio.N CO A-144i bOe23�1 RA11N0 NUYDFR is sua•uc1IOH DLB SICEI 3 or 8 wars on uit I sing tst action (Revised 2.24• 02) Invention I've done it, I've done it! Guess what I've don& Invented a light that plugs into the sun. The sun is bright enough The bulb is strong enough, But, oh, there's only one thing wrong... The cord ain't long enough. The poem, "Invention" illustrates the never-ending quest of the power and communication industries to 'get the cord long enough " Conduit -in -casing construction is one method that helps make the cord long enough to get from the communication or power source to the consumer If you can't go over it and can't go around it and, therefore, must go under it, conduit -in -casing is often the construction method of choice. Shel Silverstein, ' Invention," Where the Sidewalk Ends. (New York, NY: Harper Collins, 1974) 48 reprinted with permission 1 That is Conduit -In -Casing Construction? The conduit -in -casing construction procedure is a solution to the problem of laying power/communication cables under a surface obstruction (highway, runway, rail bed, river, etc.) without disrupting either traffic roadbed rail bed or riverbed. The basic procedure is to: 1. Excavate and shore pits on both sides of the surface obstruction. 2. Bore under the surface obstruction connecting the excavated pits and install a steel casing. 3. Place conduits in the steel casing. 4. Inject grout into the area between the conduits and steel casing, 5. Allow the grout to cure. 6. Pull power and/or communication cables through the conduits. The steel casing is usually pushed into place with hydraulic jacks while the earth ahead of the casing is removed with special boring machines or by hand. Why use Conduit In -Casing Construction? Organization: Conduit -in -Casing construction keeps the conduits organized within the steel casing. The advantage of this method is the precise placement of the casing within the earth. Such precision helps avoid existing underground pipes, cables and obstructions. The organization also keeps to a minimum underground clutter that may hinder future construction projects. The casing is easily located and avoided by those doing future underground work. Protection: Conduit -in -casing is the obvious choice when maximum cable protection is a priority. The casing will protect mission critical cables, such as airport cables from being severed by a natural disaster or construction accident. Longevity: Conduit -in -casing construction provides the ultimate in longevity. Further it is normally possible to replace cables by simply pulling out the old cables and pulling in new ones. Steel Casing Sizes The most common steel casings used for conduit -in -casing installations are shown in Table I. Steel casings above 12" in diameter should always be specified by both OD and wall thickness. Unless there is a specific reason to the contrary, casings between 14" and 48" should have one of the OD's shown in Table I. The selection of casing OD's that do not conform to this table may require specialized boring equipment, causing higher installation costs Casing wall thicknesses that do not conform to Table 1 are often used and normally do not pose any installation problems 2 Table 1 Casing OD (Inches) Casing Wall Thickness (Inches) Railroad Nominal Actual Under Highway Under 12 12.75 .188 & .250 .250 --- 14 .188 & .250 .250 & .281 --- 16 .188 & .250 .250 & .281 --- 18 .250 .312 --- 20 .250 .344 & .375 --- 24 .250 .375 --- 30 .312 & .375 .375 & .469 --- 36 .375 & .500 .500 & .531 - --• 42 .500 & .750 .625 --- 48 .500 & .750 .688 Since wall thickness requirements vary with each location, it is important to consider soil conditions and to get casing approval from the applicable airport or roadway or waterway authorities. Conduit Normally Used N ormally the conduit used within the steel casing is EPC40 (Schedule 40) PVC per N EMA TC-2. On occasion, DB120 PVC conduit per NEMA TC-6&8 epoxy reinforced fiberglass conduit per NEMA TC-14 and/or UL1684 and heavy wall HDPE conduit have been successfully used. These are all fairly heavy wall conduits that hold up to the hydraulic pressure normally encountered when injecting grout, They also hold up to the loads presented by the bands that are used to hold the conduits and bore spacers together. What. Supports the Conduits? Manufactured spacers are available that are shaped to fit in a round steel casing. Some of the typical features incorporated in bore spacers are: 1. Provisions for mounting rollers to aid in installation. 2. Holes for wire ropes, which when held taut prevent the corkscrewing of the duct bank when pulled through the casing. 3. Float -stops to prevent the conduit from being deformed by the upward Toad created by the duct bank floating when the grout is injected. 4. Flow holes and a contoured perimeter to allow the grout to pass through easily. 5. Bore Spacers are usually manufactured from a nonmetallic material. It is a common practice to place the bore spacers five feet apart and secure the conduits to the bore spacers with carbon steel bands (see figures 6 through 10). On o ccasion non-magnetic stainless steel bands, nonmetallic bands or split stop rings are u sed to secure the conduits to the bore spacers. 3 The most common separation between conduit -in -casing conduits is shown in Table II - Table II Duct Bank Application Common Separations 1" Communications Power 1 1/2" or 2" (3' on occasion) Between Power & Communications 1 W , 2" or 3" Fiber Optics 1" A few typical conduit -in -casing configurations are shown in Figure 1 through 5 below: rjr Figure 1 - 1.500" Conduit Separation 30" OD x 469" Wall Casing Figure 4 - 1.000" Conduit Separation 36" OD x 531" Wall Casing Figure 3 - 1 000" Conduit Separation Figure 2 - 2 000" Conduit Separation 20" OD x 375" Wall Casing 24" OD x 375" Wall Casing Figure 5 - 2.000" Conduit Separation 48" OD x 688" Wall Casing NOTES: 1 Conduits and casing are not shown in side sectionals 2. I = Hole or slot provided for grout INJECTION pipe. 3. F = Grout FLOW hole. Grout and Reasons to Grout e- _1..CW __ _.... The space between the OD of the conduits and the casing ID is normally grouted for the following reasons: (Reasons 1-3 are applicable to both power and communication applications. Reasons 4 & 5 are applicable only to power applications) 1. To eliminate the possibility of a duct bank collapse due to the force put on the duct bank when cable is being pulled into place.. 2. To eliminate the possibility of duct bank collapse due to the weight of the cables. 3. To eliminate the possibility of duct bank rotation due to cable weight causing an out of balance rotational torque. 4. To reduce the possibility of a duct bank meltdown when there is a cable fault. The grout will tend to contain the fault to a single duct 5. To transfer the heat generated by the power cables to the surrounding ground. It is important to select a proper grout recipe for the injection process. An ideal grout will fill the casing void completely, while maintaining a pumping pressure low enough so as to not collapse the conduits. There are a number of grout mix designs that have worked very well for conduit -in- casing installations. Cement grout mix designs that are highly cementitious (high in cement and fly ash) and have a slump of approximately eight inches perform well for both power and communication applications. Grout with special additives (such as "Elastizell' or "Mearicrete") which reduce the grout density to about 75 lbs./cu. ft. and increase fluidity so it is similar to that of an 11" slump, also work well, but since they have lower thermal conductivity they are normally restricted to communication applications. "No Grout" and "Blown Sand" Applications There are applications where it is advantageous not to fill the area between the conduit and casing with grout. When approaching a no -grout application, be sure to allow for duct bank expansion and contraction due to temperature change and be sure that the bore spacers are of sufficient strength and close enough together to properly support the cables. On rare occasions dry sand is blown into the area between the conduit and the casing Since sand will not dissipate the heat generated by power cables as quickly as cement grout it may be necessary to de -rate the power cables. If kiln dried sand is used, the installer must ensure that the sand is cool; hot sand can cause the conduit to deform or collapse 5 Grout Injection Techniques Br. There are a number of different grout injection techniques and variations.. Figures 6 through 10 show a few of these techniques. FIGURE 6 - DUCT BANK BEING INSTALLED IN A CASING WITH A PULL PLATE AND WINCH LINE STEEL OAIDS ITYP)--1\ • STEEL PLATE EYEBOLT WASHER HEX NUT PLYWOOD PSC GASPED FIGURE 8 - SINGLE END GROUT INJECTION WITH BULK HEADS GROUT ?EJECTION WLET CASWO BOLE ICAO EARTH OAS PROCEDURE: IN,'ECT GROUT PlTO GROUT ELECTION MEET UNTO GROUT OVER ROWS OUT OF VENT PIPE BORE SPACER -. \ • • • • COMl1AT / STEEL BAND (TVP) \� GROVE FIGURE 9 - SINGLE END GROUT INJECTION WITH CONCRETE DAM GROUT SELECTION FIGURE 7 • CROSS-SECTION OF A TYPICAL CONDUIT -IN -CASING INSTALLATION OISTMICE BETWEEN BORE SPACERS OA510 PROCEDURE INJECT GROUT SETO GROUT *EJECTION MET LNTL GROUT OVER FLOWS OUT OF VENT PEPE INLET CASS:0 BORE SPACER -� Sc• ryP) S FEET (TYPj • • CONCRETE DAM STEEL BANG MP) \ INSTANCE BETWEEN BORE SPACERS MCA TO BE GROUTED FIGURE 10 - SINGLE END EXTRACTABLE GROUT INJECTION PIPE TECHNIQUE t*SCHAEIGE END OF GROUT IN IECTION PPE [[[ - CHAMFERED St'C OP BCRE &FACILE% (TYP) B FEET (TYP) GROUT WREN AREA BETWEEN COMDUIT CASING 00 OF CONNATE S CASNO O HAS EDEN PARTIALLY itt1E0 OGRE SPACER &ITER BAPFT — I i HUE FOR GROUT P&£CTNNi PPE GOODIE! • GROUT VENT PPE ;, RU91 COUPLED STEET. PPE • / / • IF KEY ROUT - DORE SPACER S1ABUZATON CABLE BANONO CASPIO VENT PPE BOWE CONCRETE DAM VENT PIPE BASIC PROCEDURE: t WITtORAW GROUT ?HECTOR PRE AS OASNO LS FLEECE 2 NEED It DISCHARGE END OF lit GROUT ?MOTION RYE EUSFnuO W THE GROUT GLIGIRY AT ALL DUES. 1 KEEP THE ENDS OF TIE CONCURS OPEN DOOM FLIDIO OF CAB310 AND CURING OF GROUT FOR FREE ROW OF MR ) BLUE NEAR (TYP BOTR ENOS OF CASING) - C01AUTS & GROUT PAECDON PPE PROTRUDE TRIOUGH CLOSELY M HOLES W BLUOIEAD —+ Other Methods and Practices ,_ The foregoing is a general overview of the common conduit -in -casing practice that utilizes a straight steel casing and nonmetallic conduits. Some other methods of installing power and communication duct banks under surface obstructions that are beyond the scope of this bulletin are noted below: • HDPE casing containing a nonmetallic duct bank that is pulled into a directionally drilled hole. • Casingless duct bank that utilizes nonmetallic conduits, bore spacers and bands that is pulled into a directionally drilled hole. • Epoxy reinforced fiberglass casing containing nonmetallic conduits that is placed in a dredged trench and backfilled with marine grade concrete. Casingless duct bank that utilizes bore spacers and bands that is pulled into a dredged trench and is then backfilled with marine grade concrete. • • Concrete pipe casing and nonmetallic conduit. 7 Polymer Raceway Products Section of the National Electrical Manufacturers Association MEMBER COMPANIES AFC Cable Systems New Bedford, MA 02745 Allied Moulded Products Bryan, OH 43506 Arlington Industries S cranton, PA 18517 Cantex, Inc. Mineral Wells, TX 76068 Champion Fiberglass, Inc. S pring, TX 77388 Cooper B-Line Highland IL 62249 Crouse -Hinds Division S yracuse, NY 13221 FRE Composites Corporation St. -Andre -Est, Quebec JOV 1X0 Hubbell Incorporated Orange, CT 06477 IPEX, Inc. Mississauga, Ontario L5J 4C7 J-M Manufacturing Company, Inc Livingston, NJ 07039 This document provided courtesy of: Setting Standards for Excellence Lamson & Sessions Cleveland, OH 44122 P -W Industries, Inc. Atlanta, GA 30336 P anduit Corporation Tinley Park, IL. 60477 P anolam Industries Intl., Inc Auburn, ME 04210 P icoma Industries, Inc. Waynesboro, PA 17268 P roducto Electric Orangeburg, NY 10962 S outhern Pipe, Inc N ew London, NC 28127 U nderground Devices, Inc N orthbrook, IL 60062 U nited Fiberglass of America, Inc S pringfield, OH 45501 Wiremold West Hartford, CT 06133 This document was prepared by the NEMA Polymer Raceway Products (5TC) Technical Committee 8