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R-2015-144 2015-08-24 RESOLUTION NO. R2015-144 A Resolution of the City Council of the City of Pearland, Texas, awarding a fixed price contract for construction services associated with the internal lining rehabilitation of the Southdown ground storage water tank, to Pardalis Industrial Enterprise Inc., in the amount of $180,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That bids were obtained for the internal lining rehabilitation of the Southdown ground storage water tank. Section 2. That the City Council hereby awards a bid to Pardalis Industrial Enterprise Inc., in the total amount of$180,000. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the internal lining rehabilitation of the Southdown ground storage water tank. PASSED, APPROVED and ADOPTED this the 24th day of August, A.D., 2015. . z:: ::.)arn. -1- r-d TOM REID MAYOR ATTEST: Y NGLO7y N , T i\ co SEC TARP ''''ry►I I 11wo' APPROVED AS TO FORM: . ..,%.-2., 4(A ______________ DA RIN M. COKER CITY ATTORNEY RESOLUTION NO. R2015-144 DUNHAM ENGINEERING, INC. www.DunhamEnoineerinq.com Texas Registration Number: F- 2253 DUNHA M 13141 Hill Rd., College Station, TX 77845 ENGINEERING Inspection. Design. Results. August 17, 2015 Mr. Eric Wilson, Director of Public Works City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Phone: (979) 690-6555 Fax: (979) 690-7034 Re: Recommendation of Contractor for Bid Number 0615-56 Addendum 2, Southdown Water Plant Rehabilitation Project The purpose of this letter is to recommend a contractor for the above referenced project. A complete bid tabulation from the August 7th public bid opening is attached. This project involves the abrasive blast cleaning, painting, and repair of two (2) of the City's water storage tanks located at the Southdown Water Plant. The following is a summary of our bid evaluation: 1. Bid Tabulation Sheet — Three (3) contractors participated in the bidding process. The bids were checked for mathematical errors and/or bid irregularities. The project was bid with a Base Bid, three (3) Extra Work additive bid items for possible extra work, and one (1) Alternate Bid item for an alternate coating system. Copy of Bid Tabulation attached. 2. The additive bid items for possible extra work are to complete repairs of hidden corrosion damage, and remove soluble salts from the interior of tanks should these conditions be discovered during the course of the project. It is recommended that all three (3) Extra Work items be awarded on an as -needed basis per the Project Specifications. 3. The one (1) Alternate Bid item was to provide pricing for alternate coating systems at the Contractor's discretion, to provide for price competition among coating manufacturers. The low bidder did not offer alternate pricing advantageous to the City, and will use the TNEMEC coating system specified in the Base Bid. It is recommended that the Alternate Bid item NOT be awarded. 4. A copy of the Bid Tabulation is attached to this letter. As discussed with the City of Pearland, the Base Bid and all of the Extra Work items were utilized as a basis for award of the contract. The total bids for the project (Base Bid + Extra Work items) are as follows: a. Pardalis Industrial Enterprise, Inc. b. N.G. Painting c. E.J. Chris Contracting, Inc. Page 1 of 2 $180,000.00 $181,500.00 $428,850.00 5. Qualifications and References — The lowest responsive and responsible bidder, Pardalis Industrial Enterprise, Inc., provided an acceptable list of qualifications and references. The lowest, responsive and responsible bidder, Pardalis Industrial Enterprise, Inc., is recommended for award. A copy of the Bidder's Proposal is attached. Dunham Engineering has interviewed the Contractor's Owner and Project Manager, and reviewed submitted references for similar projects, and has found all to be satisfactory. If you should have any questions regarding the above recommendations, please feel free to call anytime. Sincerely, Travis C. Tatum, P.E. • �P.�EDF ..TE,f11 e*. j� %. /* i ..:* • / TRAVIS C. TATUM rt .c .•110343 i (tl4 0 %..4/CENSEP., �,44% Digitally signed by Travis C. Tatum, P.E. Date: 2015.08.17 15:05:00 -05'00' Page 2 of 2 Bid NO. 0615-56 Addendum 2 Title Southdown Ground Water Storage Tanks Line Items Line Description UOM QTY 1 Pardalis Industrial Enterprise Inc. Unit Extended N.G. Painting Unit Extended 170,000.00 $170,000.00 $171,500.00 $171,500.00 E.J. Chris Contracting. Inc. Unit Extended $406,850.00 $406,850.00 1.1 Mobilization @ 3%0 (Spec. 1505) LS 1 $5,000.00 $1,000.00 $11,850.00 Furnish Material and Labor to Replace The Coating Systems Per The Technical 1.2 Specifications - Welded Steel GST LS 1 $93,000.00 $90,000.00 $180,000.00 Furnish Material and Labor to Perform The Repair Items Per The Technical Specifications - 1.3 Welded Steel GST EA 1 $5,000.00 $20,000.00 $72,000.00 Furnish Material and Labor to Replace The Coating Systems Per The Technical 1.4 Specifications - BOLTED Steel GST LS 1 $47,000.00 $50,000.00 $45,000.00 Furnish Material and Labor to Perform The Repair Items Per The Technical Specifications - 1.5 BOLTED Steel GST LS 1 $5,000.00 $9,500.00 $53,000.00 Furnish Material and Labor to Install Concrete Flooring Per The Technical Specifications - 1.6 BOLTED Steel GST LS 1 $15,000.00 $1,000.00 $45,000.00 PK 1 2.1 $5,000 Contingency For Repair of Hidden Corrosion Damage and Holes Per The Technical Specifications NTE 1 $5,000.00 $5,000.00 $5,000.00 2.2 Furnish Material and Labor To Pressure Wash The Interior Of The WELDED Steel GST To Remove Surface Contaminants Per The Technical Specifications LS 1 $3,000.00 $3,000.00 $10,000.00 2.3 Furnish Material and Labor To Pressure Wash The Interior Of The BOLTED Steel GST To Remove Surface Contaminants Per The Technical Specifications LS 1 $2,000.00 $2,000.00 $7,000.00 - ALTERNATE BID LS 1 ADD or DEDUCT From Base Bid To Install Alternate Coating System Per Section 10 Of The Technical Specifications (Pricing Not 3.1 Required) LS 1 $1,000.00 $1.00 $0.01 Total $181,000.00 $181,501.00 $428,850.01 Resolution No. R2015-144 Exhibit "A" SOUTHWEST ESCROW COMPANY FUND CONTROL / DISBURSEMENT AGREEMENT This FUND CONTROL / DISBURSEMENT AGREEMENT is made as of 08/21/2015 by and between Pardalis Industrial Enterprise Inc. (hereinafter 'Contractor), and CSSG. INC. dba THE SOUTHWEST ESCROW COMPANY, a Texas Corporation, at 200 River Pointe Dr., Su to 306, Conroe, Texas 77304 (hereinafter 'Funds Administrator"). RECITALS A. Contractor has entered or will enter into a Construction Contract for construction or other services with the City of Pearland —Public Works Department ("Owner`) concerning that certain project known as Southdown Ground Storage Tank Rehabilitation Bid #0615-56, ("Project"). l�. Pursuant to the Construction Contract, the Contractor is or may be required to obtain one or more surety bonds in order to secure the Contractor's payment of subcontractors and supp'iers and/or the performance of work under the Construction Contract. C. In connection with, as a condition of, or as an inducement to the issuance of the surety bonds or as other evidence or assurance of the Contractor's ability to perform those obligations, the Contractor and the Funds Administrator are entering into this Agreement regarding the control and disbursement of al payments to be made by the Owner under the Construction Contract D. Contractor desires that the Funds Administrator provide such disbursement services on its behalf and the Funds Administrator is willing to provide such services to the Contractor. Therefore, the Contractor and the Funds Administrator have agreed to enter into this Fund Control/Disbursement Agreement with respect to the provision of such disbursement services by the Funds Administrator in connection with the Project described above. on the terms and conditions hereinafter set forth. The Funds Administrator and the Contractor, respectively, bind themselves, their successors, assigns and legal representatives to the other party and their successors, assigns and legal representatives, with respect to all covenants of this Agreement. NOW THEREFORE, in consideration of the foregoing and the promises and mutual covenants hereinafter set forth, and other gocd and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE 1 DEFINMONS AND PURPOSE OF AGREEMENT 1.1 DEFINrONS: The following terms shall have the following meanings' (a) Account Funds: All funds contained in the Fund Administration Account wh ch the Funds Administrator receives pursuant to the Construction Contract and this Agreement shall be referred to collectively as the "Account Funds'. (b) Agreement: The term 'Agreement" shall mean and refer to this Fund Control/Disbursement Agreement. (c) Bonds: The term "Bonds" shah mean and refer to the surety bonds issued by Surety (as defined below) at the request of the Contractor relevant to the Project, inducting, but not limited to, any and all Labor & Material Payment Bonds and Performance Bonds. (d) Construction Contract: The term "Construction Contract' snail mean and refer to the construction and / or service contract between the Contractor and the Owner related to the Project, including ary and all modifications, amendments and changes thereto SWEC FCDA Working Pnv.t 1 of 14 12/4i2012 - 9:37:25 PM (e) Contract Funds: The term "Contract Funds" shall mean and refer to all payments paid or to be paid by the Owner pursuant to the terms of the Construction Contract includng, without limitation, all amounts relating to any change orders, bonuses, claims for equitable adjustment, amendments, or replacements of or to the Construction Contract. (t) Fee: The term "Fee" shall mean and be calculated as an amount equal to one percent (1.00 %) of the origins: dollar value of the Construction Contract, for a total compensation of never less than $1,810.00 arising from the original Construction Contract amount of S181,000.00 as described above, and to otherwise be adjusted by an equal percentage amount resulting from any change to all other payables which are or become Contract Funds. The term Fee shall also include a one-time set-up charge of $300.00. (g) Fund Administration Account: The term `Fund Administration Account' shall mean the bank account into which the Funds Administrator deposits any and all money received by the Funds Administrator pursuant to this Agreement; i.e. the Account Funds. The Fund Administration Account shall be maintained at a financial institution selected by the Funds Administrator. (h) Owner: The term "Owner", shall ordinarily mean the actual owner of the Project. But, when the Construction Contract is between the Contractor as a subcontractor or supplier of services to a prime, general or any other top tier contractor, then "Owner" shall mean that prime, general or any other top tier contractor instead of the actual owner. (i) Surety: The term 'Surety" shall mean and refer to NGM Insurance Company the bonding company(ies) that provided the Bonds for the Contractor on the Project. 1.2 PURPOSE OF THE AGREEMENT AND THIRD PARTY BENEFICIARY: The purpose of this Agreement is to assist the Contractor with the administration and disbursement of the Account Funds and Contract Funds as required by the Surety. The parties intend this Agreement to create limited third party beneficiary rights in the Surety only. ARTICLE 2 TERM OF AGREEMENT 2.1 TERM' The term of this Agreement shali commence on the date firs; above written and shall end, unless sooner terminated pursuant to the terms set forth in section 2.2 below, upon the final disbursement of all Account Funds; however, in no event shall this Agreement extend beyond three (3) years from the execution hereof, except as provided in section 2.3 below. 22 TERM,NATIoN: This Agreement shall terminate upon completion of the Project by the Contractor, disbursement of al! Account Proceeds by the Funds Administrator, and beneficial occupancy or acceptance of the Project by the Owner. However, the Funds Administrator may, at any time, for any reason or for no reason and also for any of the reasons constituting grounds for default as specifically enumerated in section 12.2 below, terminate this Agreement and all of the Funds Administrator's associated responsibilities and obligations, by giving ten (10) days written notice to the Contractor and the Surety. In such event, any Account Funds remaining in the Fund Administration Account shall be disbursed by the Funds Administrator to the Surety for the benefit of those parties legally entitled thereto. In addition, the Funds Administrator shall provide copies of all its records relating to the Project to the Surety or to any party directed by the Surety. Upon such disbursement to the Surety, the Surety shall have all the rights, privileges and prerogatives that the Funds Administrator formerly had under this Agreement concerning the Fund Administration Account and the Contract Funds. 2.3 ExceP-ioN: In the event that the Construction Contract shall not be completed before the expiration of three (3) years from the execution hereof, this Agreement shall remain in full force and effect until such time as all work is completed and all Contract Funds have been paid and distributed pursuant to the terms of the Construction Contract and this Agreement. ARTICLE 3 SCOPE OF SERVICES 3.1 FUNDS DiSsuRSEMENT: To the extent requested by the Surety, the Funds Administrator will: (a) Receive Contract Funds as paid by the Owner pursuant to the terms of the Construction Contract; SWEC FCDA Working Page 2 of 14 12/4/2012 - 9:37:25 PM (b) Review, evaluate and compare applications for payment, individual invoices and other documentation received from the Contractor in accordance with the performance of the Construction Contract and (c) Process payments in general conformance with the Funds Administration Procedures set forth in Exhibit "B' hereto 3.2 POST CONSTRUCTroN/PROJECrCCMPLETION: After completion of the Project, to the extent requested by the Surety, the Funds Administrator will: (a) Require the Contractor to provide Final Lien Releases for itself and all subcontractors, suppliers and other vendors who provided labor, equipment, rnatenals or services to the Project (b) Require the Contractor to provide an executed Affidavit of Completion; (c) Require the Contractor to provide an executed Contractor's Affidavit of Completion and Payment of Bills and Indemnity as set forth within the Funds Administration Procedures, Exhibit "B." 3 3 SURETY RESERVE: The Funds Administrator is hereby authorized and directed to and shall reserve an amount of Contract Funds ('Surety Reserve") in the Funds Administration Account for the protection of the Surety from all claims, losses, damages or expenses asserted against or incurred by the Surety with respect to the Bonds or the Contract. The amount of the Surety Reserve shall at all times be, in the aggregate, equal to ( N/A %1 of all payments the Funds Administrator receives from the Owner. The parties acknowledge and agree that Surety Reserve may be increased or decreased from time to time as the Surety may determine, in its sole discretion, appropriate. The Funds Administrator shali apply the Surety Reserve to any such claim, loss, damage or expense and/or shall reimburse the Surety directly for the same, upon Funds Administrator's receipt of a written request for the same from the Surety. The Surety Reserve shall not be available for direct payment to the Contractor or any creditor, until and unless the Funds Administrator receives written direction from the Surety to do so. The Contractor authorizes the Funds Administrator to comply immediately with any directions that the Surety delivers to the Funds Administrator concerning the Surety Reserve maintained in the Funds Administration Account 3.4 FUNDED AnrouNT: Upon execution of this agreement and prior to the issuance of any Bonds, the Contractor shall place the sum of $0.00 into the Funds Administration Account. The purpose of these funds will be to provide additional security for the Surety and to assure the availability of working capital to fund the contractor's start-up costs, payroll, overhead, and related expenses directly attributable to the project. In order to obtain any portion of these funds, Contractor must provide sufficient documentation of such start-up costs and expenses To the extent feasible, a $0.00 balance shal be maintained in the Funds Administration Account. Where necessary in order to maintain the $0.00 minimum balance, Funds Administrator may, at its option, withhold al; or a portion of any balance remaining after payment of obligations from any contract draw that is received from the Owner. ARTICLE 4 CONSENT OF CONTRACTOR 4.1 CONSENT: The Contractor hereby consents to the Funds Administrator providing the service contemplated in th,s Agreement, to include, but not be limited to receiving and disbursing all Contract Funds. 4.2 No INTERFERENCE OR CONTROL: The Contractor consents, acknowledges and agrees that the Funds Administrator, by virtue of its performance of this Agreement. shall in no way be construed to interfere with the Contractor's business, any agreement the Contractor may enter into in connection with the Construction Contract, the Project or the Contractor's performance of the work contemplated by the Construction Contract documents, and that the Funds Administrator is not acting in any way to exercise dominion and/or control of the Contractor's operations. 4.3 DiSPUTF.s. The Contractor hereby further consents, acknowledges and agrees that, in any dispute between the Contractor and the Funds Administrator or Surety, that the Funds Administrator shall be governed by, without liability for acts or failures to act in reliance on and performance pursuant to. the instructions of the Surety. 4.4 DISBURSEMENT AGENT: The Contractor acknowledges and agrees that the Funds Administrator may, in its sole and absolute discretion, utilize a Disbursement Agent to perform any or all of the obligations under this Agreement, including without limitation, to SWEC FCDA Working Palo 3 of 14 12/4/2012 - 9:37:25 PM review Disbursement Authorizations and other disbursement procedures under this Agreement. The Contractor acknowledges that the use of any Disbursement Agent by the Funds Administrator is solely for the Funds Administrator's benefit and that the Contractor shall have no rights against any Disbursement Agent as a third party beneficiary of any such use. It is understood that the use of the term "agent" herein (or any other similar term) with reference to the Disbursement Agent is not intended to connote or confer any fiduciary or other implied or express obligations arising under agency doctrine of any applicable law. instead. such a term is used only as a matter of market custom, and is intended to refect only an administrative relationship between the Funds Administrator and the Disbursement Agent as contracting parties. ARTICLE 5 FUND ADMINISTRATION ACCOUNT 5.1 THE AccouN7: The Contractor agrees anc acknowledges that the Funds Administrator will open and establish a Fund Administration Account at a commercial checking account through an insured financial institution for the deposit and disbursement of all Contract Funds in accordance with the terms set forth herein. FUNDS: All funds payable under the Construction Contract shall hereinafter be delivered to the Funds Administrator for deposit into the Fund Administration Account to accommodate the purpose hereunder, The Contractor hereby authorizes and directs the Funds Administrator's bank to accept for deposit any checks made payable to the Contractor and presented by the Funds Administrator to accordance herewith. The Funds Administrator's bank shall be entitled to rely on the above directive of the Contractor until such tme as both the Contractor and the Funds Administrator provide the bank with written notice regarding the revocation of the authorization and direction stated herein. So-_ S.ONATCRY. The Contractor agrees and authorizes the Funds Administrator to encorse the Contractors payments for depos t into the Fund Administration Account and further agrees that the Funds Administrator will be the sole authorized signatory on the Fund Acministration Account 5.4 Nor A FtDUCIARv oR TRUST RELATIONSHIP: The Contractor acknowledges that this Agreement constitutes the Funds Administrator as an administrator and disburser, not as a trustee or other fiduciary, of the Account Funds and that legal title to the Account Funds shall be in the name of the Contractor until such time as the Funds Administrator disburses such Account Funds. The Contractor further agrees that the Funds Administrator's sole capacity under this Agreement is to administer and disburse the Account Funds n axordance with the terms of this Agreement as an accommodation to the Surety and the Contractor. The Contractor further acknowledges and agrees that no term of this Agreement or of any related agreement, document or instrument, and no course of dealing between the parties, shall be deemed to create any agency, partnership or Point venture relationship between the parties or any fiduciary duty on part of the Funds Administrator or any Disbursement Agent in favor of the Contractor or the Owner, any subcontractor, supplier or any other person or entity involved with the Project. 5.4 No INTEREST oN ACCOUNT FUNDS: The Contractor agrees that the Funds Administrator assumes no responsibility for the eaming of any interest or other income on the Account Funds and that the Funds Administrator shall not be required to pay any irterest to the Contractor on the Account Fur.ds, whether or not any such interest is earned 5.5 No LIABILITY ARISING FROM ACTS oR OMISSIONS OF THE FINANCIAL INSTITJTION: The Contractor agrees that the Funds Administrator shall assume no responsibility, nor is the Funds Administrator liable or obligated towards the Contractor, in connection with the financial institution's actions, or inactions, regarding the Fund Administration Account. The Contractor agrees that the Funds Administrator shall not be liable for any loss of the Account Funds occasioned by, arising out of, or in any way connected to, the selection of the financial institution in which Contract Funds are to be deposited and from which they are to be distributed The Contractor agrees further that the Funds Administrator assumes no responsibility in the event of any failure of the financial inst tution to honor any item drawn on the Fund Administration Account or to credit the Fund Administration Account with any funds improperly released or paid by the financial institution, whether by forged endorsement or the failure of said financial institution to exercise commercially reasonable practices in connection with the maintenance of said account. 5.6 No LIABILITY FOR BANKRLPTCY: The Funds Administrator shall have no responsibility or liability for any loss or diminution in value of any assets held under this Agreement which may result from the bankruptcy, insolvency, liquidation or receivership of the Funds SWEC FCDA Workiag Page 4 of 14 12i4/2012 - 9:37:25 PM Administrators financial institution. The parties acknowledge and agree that the Funds Administrator shall be irrebuttably presumed to have acted in accordance with commercially reasonable standards if the Contract Funds are deposited at a bank or savings and loan nstitution chartered by the United States of America or the State of Texas. ARTICLE 6 CONTRACTOR RESPONSIBILfTIES 6.1 BOOKS AND RECORDS: The Contractor hereby agrees to maintain accurate and complete books and records relating to the Project, the Construction Contract and all Disbursement Authorizations, and copies of all correspondence to or from the Ovine', Contractor any governmental authority and any other party involved with the Project 6.2 AGREEMENT TO CCMPLY WITH Docum.ins: The Contractor hereby agrees to comply with all terms and conditions of the Construction Contract and this Agreement and to cooperate in and facilitate implementation and execution of all of terms, purposes and intentions of this Agreement, including, but not limited to, the Funds Administration Procedures attached hereto as Exhibit "8'. 6.3 ASSIGNMENT OF CONTRACT FUNDS: By executing this Agreement, the Contractor assigns to the Funds Administrator the right to receive all Contract Funds, including but not limited to all payments of any kind due to the Contractor under the Construction Contract, whether now existing, arising in the future, vested or contingent, for ultimate disbursement in accordance with the terms and provisions of this Agreement. The Contractor further agrees to execute on its own behalf and then deliver to the Owner for their acceptance, agreement and execution an Assignment of Contract Funds and Consent Thereto in the form attached hereto as Exhibit 'A", directing the Owner to forward all payments due under the Construction Contract directly to the Funds Administrator for deposit into the Fund Administration Account. In the event that the Owner remits any Contract Funds 10 the Contractor instead of to the Funds Administrator, the Contractor must and will immediately forward said funds to the Funds Administrator. 6.4 AGREEMENT TO PROviDE DOCUMENTATION: The Contractor will provide to the Funds Administrator any and all documentation reasonably necessary to facilitate this Agreement. Such documentation shall include, but not be limited to, any and all preliminary lien and/or statutory notices, lien notices, stop notices, claims or demands, etc. Additionally, the Contractor shall immediately notify the Funds Administrator of any disputes or disagreements with the Owner, subcontractors, suppliers, vendors, architects, engineers or any other party relating to the Project. 6.4 RESPONSief_ITY FOR TAXES: The Contractor shall at all time be is solely responsible for he timely payment of all taxes and union dues (if applicable) and the timely compliance with all related reporting, including, but not limited to, payroll, income, sales, and 1099 reporting, and/or any and all other similar requirements, whether federal, state, local, union or other entity. The Funds Administrator is not responsible for the payment of any taxes for or on behalf of the Contractor, nor for complying with any related reporting. including, but not limited to, payroll, income, sales, and 1099 reporting. 6.5 CONTRACTOR'S PRE -COMMENCEMENT RESPONSIBILrES: Prior to commencement of any work on the Project under or pursuant to the Construction Contract the Contractor shall deliver to Funds Administrator the following Items, fully completed and executed as applicable: (a) The Construction Contract; to also include, if requested, al exhibits, addenda, general conditions and related documents, the plans and specifications for the Project and copies of all permits, approvals and licenses required to be obtained from any governmental authority for the construction work to be performed on the Project, (b) The Project Fact Sheet as referred to In. the Funds Administration Procedures attached hereto as Exhibit 'B': (c) A sworn statement in the form referred to in the Funds Administration Procedures attached hereto as Exhibit 'B', whicn identifies the names, addresses and telephone numbers of all subcontractors with whom the Contractor has contracted regarding the Project and a brief description of each such subcontractor together with the dollar value of such contract (the "Sub -Contractor List"): (d) Copies of ail subcontracts disclosed on the Sub -Contractor List, (e) Copies of all purchase orders, estimates. invoices. statements and the like, SWEC FCDA Working Page 5 of 14 12/4/2012 - 9:37:25 PM (f) A detailed budget for the Project using standard industry codes in the form referred to in the Funds Administration Procedures attached hereto as Exhibit '3' or alternative coding acceptable to the Funds Administrator; and (g) Any other information or written materials regarding the Project budget which are relevant to the Agreement which the Funds Administrator may request in writing 6.6 CONTRACTOR'S RESONS!BILGTI[S DURING CONSTRICTION. During construction of the Project and within five (5) days of the Contractor becoming aware of the following, the Contractor shall deliver the following to the Funds Administrator: (a) If, at any time, there are any subcontractors or suppliers or other creditors under the Construction Contract or the Project, who are not listed on the Sub -Contractor List but who: (1) are used for any purpose under the Construction Contract to perform services or provide labor or materal to the Project, including also but not limited to on -site or off -site testing; (2) may otherwise obtain liens under the Construction Contract; or (3) to which the Funds Administrator or the Owner may have any liability then the Contractor shall provide the Funds Administrator with a supplemental Sub -Contractor List identifying all such persons, together with all related information ("Supplemental List"). Likewise, a Supplemental List shall be submitted to the Funds Administrator immediately upon any change to the information contained on the Sub -Contractor List due to the addition or deletion of a subcontractor, a change in the dollar amount of each subcontract or the like: (h) Copies of all changed and/or new subcontracts which have not been previously disclosed on the Sub -Contractor List, (c) Copies of any and all additional purchase orders, estimates, invoices, statements and/or any written notice of any change orders, modifications, extras, additional improvements or work to the Project, including, but not limited to, any 'ncieases or decreases in the Construction Contract amount, or any work contiguous to, or in the immediate vicinity of, the Project with which the Contractor is involved, and which have not been previously disclosed on the Sub -Contractor List; (d) Any modified or updated budgets for the Project, showing all construction costs, labor, overhead, profit and the like, together with interim and final completion dates; (c) Notice of any actual, potential or asserted backcharge, credit or offset, including also those for delay, liquidated or punitive damages to assessed against the contract; (t) Notice of any substantial amendments to or modifications of the Project timeline: (g) Notice of any actual, potential or asserted default under the contract; (h) Notice of any actual, potential or asserted default or dispute under a subcontract, or claim of delay or interference by a subcontractor or any other person or entity on the Project; (i) Copies of any Claims, Notices, Swom Statements of Account or Liens filed or to be filed by the Contractor against the Owner or other prime or general contractor tj) Written notice of any disagreement or dispute between the Contractor and any of the following: (1) the Owner; (2) any of the Contractor's subcontractors or materialmen, or (3) any others who have provided labor, materials, equipment or services to the Project; (k) Copies of all preliminary notices and any claim. lien or other notice received by the Contractor involving nonpayment for labor, materials, equipment or services supplied to the Project; and (1) Any other information or written materials regarding the Project budget which are relevant to the Agreement which the Funds Administrator may request in writing 6.7 SHORTAGE IN PROJECT BUDGET: In the event the actual costs of construction of the Project: appear to the Funds Administrator, in its sole discretion, to exceed the Protect budget prepared by the Contractor, excluding any cost increase as a result of approved Change Orders executed by the Owner, then the amount by which actual construction costs exceed the Project budget (the "Project Shortage') shall be the responsibility of the Contractor. In the event of any such Project Shortage, the Funds Administrator shall request that the Contractor deposit into the Fund Administration Account additional funds in an amount necessary to satisfy any such Project Shortage. The Contractors failure to deposit required additional funds into the Funds Administration Account may be deemed to be a material default of this Agreement. Should the Contractor fail to fund the forecasted shortage, the Funds SWEC FCDA Working Pogo 6 of 14 12l4R012 - 9:37:25 PM Administrator may also. in Funds Administrator's sole discretion withhold from the Contractor's profit andtor expense reimbursement the amount necessary to pay for any such Project Shortage. 6.8 INDEMNIFICATION IN THE EVENT OF SHORTAGE OR LIEN CLAIMANT. The Contractor, and all other parties individually executing this Agreement on behalf of Contract, if any, and their successors and assigns, jointly and severally indemnify, defend and hold harm'ess both the Surety and the Funds Administrator and their officers, directors, shareholders, agents, employees, successors and assigns from and against any and all liability, costs and expenses, including, but not limited to, attorneys', witness' and accountants' fees, investigation costs, travel costs, transcript costs, disbursements, settlement amounts, judgments, fines or penalties, which either the Surety or the Funds Administrator may incur in connection with any such Project Shortage or Claim. ARTICLE 7 DISBURSEMENTS 7.1 DISBURSE"AENT AUTHORIZATIONS. The Funds Administrator shall disburse al Contract Funds to either: (1) the Contractor, (2) the applicable creditor of the Contractor; (3) the Funds Administrator; or (4) all or any combination of the preceding, all in accordance with the terms of this Agreement. Separate Disbursement Authorizations shall be submitted for each and every party for which Contractor is requesting a disbursement of Account Funds. The Contractor represents and warrants to the Funds Administrator that, prior to suomitting any Disbursement Authorization, the Contractor will inspect the applicable work performed or materials delivered and determine the sufficiency of the same. All Disbursement Authorizations shall be executed by an authorized representative of the Contractor and shall: (a) Identify the parties to be paid and the amount to be paid to such party;, and (b) Identify all applicable invoice numbers, their relationship to budget line items included in Section 6.7(f), and the supporting documentation required under Section 7.2(b) below., and (c) Provide a detailed breakoown of prior amounts paid to such party and the amount of payments remaining to be made to such party, through Project completion; indicate whether the requested payment is the final payment for such payee; instruct the Funds Administrator to withhold any billings in excess of costs (including overhead and profit) in the Accounts Funds and to apply such excess to cost in excess billings at future draw periods. 7.2 DISBURSEN ENTS FOR LABOR, SERVICES OR MATERIA_S: Funds Administrator will not disburse any Account Funds to any party unless and until Funds Administrator receives the following; documents and until any and all other applicable requirements of Article 7 have been satisfied: (a) Copies of any disbursement requests submitted by the Contractor to the Owner relating to or including the same payments covered by the Disbursement Authorization; (b) Appropriate supporting documents, including, but not limited to, invoices, statements, receipts, delivery tickets, and the 'ike evidencing that disbursements were for a Project expense. (c) Copies of certified payrolls, as required by law or the contract, of the Contractor for the Project and (d) Appropriate partial or final lien waivers or similar documents, properly executed, regarding such Disbursement Authorization. In the absence of a statutorily required release, progress payment lien waivers in the form attached referred to in the Funds Administration Procedures attached hereto as Exhibit "B" shall be acceptable in connection with partial payments, and final payment lien waivers in the form referred to in the Funds Administration Procedures attached hereto as Exhibit "B" shall be acceptable. All lien releases shall be subject to the Funds Administrator's rev.ew and approval. 7.3 CERTAIN DISBURSEMENTS TO CONTRACTOR: If any Disbursement Authorization requests tnat Contractor receive a direct payment of Contract Funds for overhead. supervision, proft or otherwise, the Funds Administrator shall make such disbursement directly to the Contractor only if: (1) all applicable requirements set forth in this Article 7 are satisfied; (2) the amount of such payment is within line of the overall completion budget of the Project; such to be periodically reviewed and evaluated by the Funds Administrator. Completion of the project shall oe measured by a percentage equal to project costs (excluding overhead and profit payments) paid by the Funds Administrator divided by total estimated costs for the project. The overhead and prof t amount as shown in the SWEC FCDA Working Page 7 or 14 1214/2012 - 9:37:25 PM Contractor's detailed budget will be reduced to cover all costs in excess of those itemized therein unless the original cost projections are revised as the result of Change Orders or other appropriate adjustments as agreed to by the Funds Administrator 7.4 FINAL DiSeuRsEmENT OF CONTRACT FUNDS: The Contractor shall not be entitled to receive the final disbursement of Contract Funds, including the Surety Reserve and Funded Amount, until all the following requirements are satisfied: S.1 (a) All concitions of Articles 6 and 7 are satisfied and the Funds Administrator has received all documentation required under this Agreement; (b) The Funds Administrator has received final payment from the Owner, (c) Any and all claims and disputes are resolved to the satisfaction of the Funds Administrator and the Surety; (d) The Funds Administrator receives written notice from the Owner that the Contractor has fully performed all of its obligations under the Contract, that there are no outstanding liens filed against the Project. and that the Owner has accepted the Project; (e) The Funds Administrator receives written consent of the Surety authorizing the release of final disbursement to the Contractor; (f) The Funds Administrator receives verification in form satisfactory to the Funds Administrator, from the appropriate financial institutions of the exact amount remaining it the Fund Administration Account; (g) The Contractor has submitted to the Funds Administrator an Affidavit regarding Project completion; (h) The Contractor has submitted to the Funds Administrator an affidavit substantially in the form referred to in the Funds Administration Procedures attached hereto as Exhibit "B" that all bills relating to the Project have been paid; and {i) The Funds Administrator has received all amounts due it under the Agreement. ARTICLE 8 REPRESENTATIONS AND WARRANTIES INDUCEMENT: To induce the Funds Administrator to enter into this Agreement, the Contractor makes the representations and warranties set forth in Sections 8.2 through 8 6 of this Agreement. The Contractor covenants that said representations and warranties are true and correct as of the date of this Agreement and will remain true and correct throughout the term of this Agreement. 8.2 AUTHORITY: The Contractor has full legal and equitable authority to enter into and perform this Agreement. 8.3 SUBS T ANTP/E OPERATION: The Contractor has read and fully understands the terms and provisions of this Agreement and its substantive application. The Contractor further represents and warrants that no term or provision set forth in this Agreement wit+ impede the Contractor's ability to comply with or perform under the Construction Contract or hinder the Contractor's general operation of its business. 8.4 No BREACH. The execution of and performance under this Agreement by the Contractor will not conflict with, result in the breach or termination of, or constitute a default under any of the Contractor's organizatonal documents or any lease, agreement, contract, commitment or other ins-..rument. or any order, judgment or decree, to which the either is a party or by which the either is bound. The terms and provisions of this Agreement will not constitute a breach of any law, rule or regulation of any court or governmental department, commission, board, agency or instrumentality that is binding on the Contractor. 8.5 LITIGATION. The Contractor represents that, to the best if its knowledge, there are no legal actions, proceedings or investigations perding against the Contractor or the Project. 8.6 ACCESS TO BOOKS AND RECORDS. The Contractor will provide the Funds Administrator or any cf its agents, representatives, accountants or attorneys full access to all books, records, contracts, commitments and properties of the Contractor related to the Project, if requested in writing by the Funds Administrator to do so. SWEC PCDA Working Page N of 14 12/4/2012 - 9:37:25 PM ARTICLE 9 FUNDS ADIMINISTRATOR RESPONSIBILITIES 9. ADMINISTRATION OF DISBJRs:NG ACCOUNT: The Furxis Administrator shall maintain the Fund Administration Account from which it shall have the authority to execute such checks, bank wires and disbursement orders and order such checks and/or disbursement orders as necessary for the Funds Administrator to discharge its responsibiiities. The Contractor agrees that the Funds Administrator shall pay no interest on the Deposited funds whether earned or not, and the Funds Administrator assumes no responsibility for the earning of any income thereon. T UNG OF PAYMEY"S: The Funds Administrator shall process collected funds within seven (7) days from receipt of sufficient Contract Funds and all properly submitted documentation required herein. The Funds Administrator shall not be held liable for any claim for costs, expenses, interest or penalties arising from any alleged late payment if the Funds Administrator properly makes the requested disbursement within the time set forth herein. The Contractor shall indemnify and hold the Funds Administrator harmless from any such claims 9.3 DATA TRANSMISSION: The Funds Administrator shall deliver to the Contractor at its own expense, copies of applicable reports regarding processed disbursements via two-day delivery, otherwise by regu'ar mail. 9.4 RIGHT TO WITHHOLD DISBURSEMENTS. Disbursements to the Contractor may be withheld by the Funds Administrator until such time that all documents reasonably required by this Agreement have been fumished to the Funds Administrator or as otherwise authorized herein. 9.� CONFLICTING DEMANDS. (a) If at any time a dispute anses concerning the Account Funds or in connection with this Agreement or Funds Administrator receives instructions from the Contractor, the Owner or ary creditor which the Funds Administrator deems to conflict with any term or provision of this Agreement or the instructions the Funds Administrator receives from any other party, all Account Funds then on deposit. or thereafter Deposited, shall be disbursed only with the written consent of or direction of the Surety. Upon the giving of sa'd consent or direction by said Surety, the Funds Administrator shall have the right to either: (1) refrain from taking any action other than to keep safety the Account Funds until such conflict is resolved to the Funds Administrator's sole satisfaction; (2) forward all Account Funds held under this Agreement to the Surety, or (3) return all Account funds held under this Agreement to the Owner; or (4) with reasonable notce to the Contractor, deposit all Account Funds with the appropriate court ('Court). (b) In the event that the Funds Administrator deposits the Account Funds with the Surety or a Court, the Funds Administrator shall be relieved of ail obligations under this Agreement and shall no longer be responsible to account for or disburse the Account Funds. Effective as of the date of any such deposit with the Surety or a Court, the Contractor fully releases all claims which in any way concern the Account Funds or this Agreement that the Contractor may have against the Funds Administrator whether known or not, contingent or vested, arising at law, in equity or otherwise, excepting such Balms for distributions in violation of this Agreement, willful misconduct, or gross negligence. In ary event, the Contractor agrees to indemnify and hold harmless the Funds Administrator from any damages, costs and expenses incurred in connection with any such dispute. (c) The Contractor agrees further that the Funds Administrator shall be entitled to deduct from the Account Funds all damages, costs and expenses incurred by the Funds Administrator in connection with any such dispute upon the incurrence of any such cost or expense. 9.6 EFFECT OF JUDICIAL ACTION CONCERNING THE CONTRACT FUNDS. If a court, administrative or arbitration order at any time attaches, garnishes or levies upon any Account Funds, or stays or enjoins the assignment, conveyance, transfer or delivery of any Account Funds, or if any judgment or decree which affects all or a portion of the Account Funds is entered, then the Funds Administrator is authorized, in its sole discretion, to rely upon and comply with such order, writ, judgment or decree, irrespective of whether the body which issued the same had proper Jurisdiction, venue or competence. The Funds Administrator will, whenever practicable, give the Contractor up to sixty (60) days to cure or resolve problems poor to depositing the Account Funds with the Court. If the Funds Administrator complies with any such order, writ, judgment or decree, the Funds Administrator shall not be liable to the Contractor SWEC FCDA Working Pagr 9 of 14 12/4/2012 - 9:37:25 PM or any successor of the aforesaid or to any person, entity, firm or corporation by reason of such compliance, even though such writ. order: judgment or decree subsequently may be reversed, modified, annulled, set aside or otherwise vacated. If any suit or proceeding concerning this Agreement involves or threatens the Funds Administrator, the Funds Administrator shall have a first lien on the Account Funds for any and all costs and reasonable attomeys' fees which the Funds Administrator may incur in connection therewith, whether the Funds Administrator's attorney is regularly retained or specially employed. The Funds Administrator also shall have a first lien in the Account Funds for any and all other reasonable expenses which the Funds Administrator may incur or for which the Funds Administrator becomes liable in connection with any such suit or proceeding. If the Account Funds are insufficient to alow the Funds Administrator full reimbursement for the foregoing items, the Contractor shall immediately upon written demand pay to the Funds Administrator the remaining balance of such costs and expenses. 9.7 MAINTENANCE OF RECORDS: The Funds Administrator will maintain, at its place of business, adequate records of Account Funds received and disbursed, appropriate releases from the Contractor, subcontractors, material suppliers. and laborers in connection with the Construction Contract and will permit inspection of these records at any reasonable time by the Contractor, 9.8 NOTiCE OF LIENS. The Funds Administrator shalt contact the Surety and the Contactor immediately once it is aware of any liens or documented and potentially supportable claims. Should the Contractor fail to comply with its obligations herein, including. but not limited to, compliance with section 6.10 above, the Funds Administrator shall be entitled to follow the Surety's direction with regard to same. 9.9 COFIES OF REPORTS. The Funds Administrator shall provide the Contractor with copies of funds administration disbursement reports and/or other information relevant to the performance of this Agreement as reasonably requested. 9.10 RIGHT OF COMMUNICATION. The Funds Administrator may communicate with the Contractor, Owner, subcontractors, suppliers or other creditors as necessary to determine the status of their accounts with the Contractor and with respect to the Project. 9.11 GENERAL POWERS AND RIGHTS of THE FUNDS ACMNiSTRATOR. In addition to any powers of the Funds Administrator that are either implied or expressed elsewhere in this Agreement, the Funds Administrator shall have the following powers and discretion in the administrat on and distribution of all Contract Funds: (a) The Funds Administrator may rely upon any signed affidavit, certificate, fetter, document, instrument notice or other evidence which the Funds Administrator reasonably believes to be genuine, and, on the basis of such evidence, the Funds Administrator may make any distribution under this Agreement in good faith and without liability . (b) Without limiting the generality of the preceding sentence, he Funds Administrator shah have no responsibility to inquire into or determine the genuineness, authenticity or sufficiency of any signature or other documents or instruments submitted to it in connection with its duties hereunder and shall be entitled to deem the signature on any documents or instruments submitted to it as being those purported to be authorized to sign such documents or instruments on behalf of the party or parties without any requirement for substantiating evidence thereof; and (c) The Funds Administrator may charge against the Account Funds any part of its Fee or other compensation authorized under this Agreement, and/or any expenses the Funds Administrator reasonably incurs in connection thereto, if the Owner or Contractor fai's to pay the same on demand 9.12 LIMITATION OF LnBIUTY: The Funds Administrator's liability, if any, shall be limited as follows: (a) As soon as the Funds Administrator oisburses any Account Funds pursuant to any term of this Agreement, Funds Administrator shall have no obligation whatsoever to monitor or oversee the use or application of such former Account Funds, including, but not limited to, whether or not the party receiving such disbursement utilizes any such disbursed former Account Funds for payroll, withholding, other taxes or ether payments which such receiving party is obligated to make. Funds Administrator's disbursement of Account Funds upon good -faith reliance on signed vouchers, or documentation submitted by the Contractor, or its representative, shall be deemed to be the exercise of due care by the Funds Administrator. The Funds Administrator is entitled to assume conclusively that all such disbursed Contract Proceeds were applied to the appropriate purpose by the party receiving such disbursement. SWEC FCDA Working Page 10 of 14 I214/2012 - 9:37:25 PM (b) The Funds Administrator's duties and responsibilities are limited to those expressly set forth in this Agreement and the Funds Administrator may only be held liable under this Agreement solely for its own bad faith, or -gross negligence or willful m sconduct in performance of its duties. ARTICLE 10 FUNDS ADMINISTRATOR COMPENSATION 10.1 Aeon ioNAL SERVICES: Additional Services are tnose services not specifically set forth in this Agreement If the Funds Administrator is required to perform services outside the services and obligations set forth herein, including but not limited to payroll services, daims analysis, consulting. attending settlement conferences wth the Surety, Contractors, suppliers, the IRS. other vendors, etc., the Contractor shall pay the Funds Administrator its normal consulting rates for any such additional services. Further. the Contractor shall reimburse the Funds Administrator for any expenses relating to these additional services, such as travel or report production expenses, at cost. Prior to performing such consulting work, if any, the Funds Administrator shall provide the Contractor with written notification, if practicable. 10.2 MISCELLANEOUS EXPENSES: The Contractor shall reimburse the Funds Administrator for miscellaneous expenses directly related to processing the Contractor's payment requests at cost, such as special delivery charges, wire transmissions, etc. 10.3 INCREASES IN CONTRACT AMouNT: In the event that the total dollar value of the Construction Contract increases, the Contractor shall pay to the Funds Administrator the additional Fee at the time of any change order increasing the price of the Construction Contract. 10.4 LEGAL FEES: If, for any reason, the Funds Administrator becomes a party to any claim, demand, arbitration, settlement, litigation, or threat of litigation arising out of labor or material lien daims involved in the Project or other litigation arising out of this Agreement or the Construction Contract, Contractor shall be liable to pay or reimburse the Funds Administrator ai of its attorney's fees, legal costs and the amount of any settlement, judgment or other award rendered in connection with such claim. Specifically included are legal fees arising out of the Funds Administrator's good faith performance of its responsibilities regardless of the source of litigation or threat of litigation. ARTICLE 11 RELEASE OF LIABILITY AND INDEMNIFICATION 1 1 . 1 CONTRA:'OR'S WAIVER OF DAMAGES AND REMED ES: The Contractor shall not hold the Funds Administrator liable for, and the Contractor waives any daims or remedies it may have against the Funds Administrator for direct, indirect, special, consequential, incidental or punitive damages, whether asserted by the Owner, Contractor or any third party, which arise cut of (1) any breach of this Agreement by the Funds Administrator, (2) the Funds Administrator's disbursement or handling of the Contract Funds, (3) any other claim or obligation arising out of this Agreement or the Constructon Contract, (4) any claim which arises pursuant to any tort (including neg:igence and strict liability, but excluding gross negligence and willful misconduct) or other claim, or (5) for any Gaim made against the Contractor by any other party, even if the Funds Administrator has been advised of the possibility of any such Cairn. 1 1 .2 INDEMNIFICATION: (a) The Contractor and 'ts successors and assigns, jointly and severally agree to indemnify, defend and hold harmless the Funds Administrato' and its officers, directors, shareholders, agents, employees, successors and assigns from and against any and all liability and reasonable expense, including, but not limited to, attorneys', witness' and accountants' fees, nvestigatior costs, travel costs, transcript costs, disbursements, settlement amounts, judgments, fines or penalties, which any Funds Administrator may incur in connection with, in settlement of or resulting from any claim, action, suit or proceeding (whether civil, criminal, administrative or investigative, including any associated appeals) which involves or threatens the Funds Administrator as a party or otherwise, that in any way pertains to this Agreement, the interpretation of this Agreement, the Funds Administrator's discharge of its obligations under this Agreement, he Construction Contract or the Project. SWEC FCDA Working Page 11 of 14 12/4/2012 -9:37:25 PM (b) The Contractor further indemnifies and holds the Funds Administrator and its officers, directors, shareholders. agents, employees, successors and assigns harmless from any and ail liability which the Funds Administrator may incur as a result of the Contractor's failure to maintain all necessary licenses, permits or registrations for perforrning services as a Contractor or for rendering services or improvements to the Project. (c) The Contractor is not required to indemnify Funds Administrator for any actions resulting from Funds Administrators gross negligence or willful misconduct- 11.3 No GUARANTY: The Funds Administrator does not guaranty nor is the Funds Administrator responsible for ensuring: (1) that construction of the Project will proceed or be completed; (2) that the Project will be in accordance with governmental rules and regulations or the Construction Contract when and if the Project is completed; (3) the quality of workmanship or materials, (4) that all obligations incurred by the Contractor in connection with the Project will be paid, satisfed or discharged; or (5) that sufficient Contract Funds will be available to complete the Project. ARTICLE 12 MISCELLANEOUS 12.1 IkDEPENDEwT CONTRACTOR: The Contractor agrees that the Funds Administrator's capacity under this Agreement is that of an independent contractor and not an agent, employee or independent contractor of the Contractor for all purposes, including, but no; limited to, payment of taxes and standards of care and liability. DEFAULT: A default, for which the Surety should be notified, shall be deemed to have occurred under this Agreement in the event that any of the following occurs: (a) The Principal fails to perform any material obligation required to be performed pursuant to the Contract. Bonds, or any other agreement made between the Surety and the Contractor, which the Funds Administrator has been furnished, or under this Agreement; (b) The Contractor makes any untrue or misleading statement to the Funds Administrator as to any material fact for the purpose of causing the Funds Administrator to disburse Contract Funds or to take other action or to omit to take any action hereunder; (c) The Contractor fails to use and apply, within a reasonable time, Contract Funds for the purpose for which the Contract Funds were paid: (d) Removal or diverson to any other use cf materials furnished; delivered to, designated for or obtained for use in the Project by the Contractor; (e) Filing of a petition by the Contractor or by the Contractor's creditors against the Contractor for bankruptcy reorganization or for other relief under the United States Bankruptcy Code; (f) The Contractor makes an assignment of the Construction Contract or the Contract Funds for the benefit of creditors; (g) The appointment of a receiver for the Contractor or the Contractors property; (h) The insolvency of the Contractor; (i) Transfer, assignmert, sale, etc., by the Contractor of the Contract, or of this Agreement, or of any rights, benefits or moneys received or payable (including receivable invoices) hereunder, except to persons entitled having directly furnished labor, materials, or services required in the completion of the Project; (j) Pre -completion termination of the Contract, whether by mutual agreement, default, or unilateral actions by either the Contractor or the Owner, (k) If the Contractor is an individual and dies or becomes incapacitated for any reason, thereby preventing the Contractor from performing the Contractors obligations under the Construction Contract or this Agreement or if the Contractor becomes a fugitive from justice or for any reason disappears and cannot be found at the address appearing below, or at a subsequently supplied address. 12.3 NOTICES: All notices relating to this Agreement shall be given in writing as follows: (1) by actual delivery into the hands of the party enttled to receive it; (2) by mailirg such not ce by registered or ce.'-tified mail, retum receipt requested, in which case the notice shall be deemed to be given on the date of its mailing: (3) by any overnight carrier, in which case the notice shall be deemed to be giver on the date next succeeding the date of its transmission; or (4) by facsimile, in which case the notice shall be deemed given as of the 12.7 SWEC FCDA Working !'age 12 of 14 12/4/2012 -9:37:25 PM date it is sent. All notices under this Agreement shall be given to the respective parties at the addresses which appear below or as may otherwise be set forth in the Project Fact Sheet, provided for in Exhibit `B' hereunder. 12.4 INTERPRETATION OF AGREEMENT: Whenever context may require, any proncuns used in this Agreement shall include the corresponding masculine, feminine or neuter forms and the singular form of nouns and pronouns shall also include the plural, and vice versa. The Article headings contained in this Agreement shall in no way be construed to define, limit, extend or prescribe the scope of this Agreement or the intent of any of its provisions. Each party has been afforded an opportunity to consult with counsel and enters into this Agreement voluntarily. No provision of this Agreement shall be construed against any party or its counsel merely because such party or counsel drafted such provision, nor shall any ambiguity herein be construed more strictly against one party o- the other_ 12.5 INCORPORATION OF EXHIB,TS A\D REC TA, S: All Exhibits attached to, and all Recitals contained in this Agreement are fully incorporated into and constitute part of the substantive portion of this Agreement. 12.6 Covy_ETENESS AND MODIFICATION: This Agreement, and the Exhibits attached hereto, constitute the entire understanding between the parties with respect to funds administration and disbursement to be performed hereunder, and thus supersedes any prior or contemporaneous agreements or understandings, negotiations, proposals and other representations which may exist or have existed related to the Project. No waiver or modification of this Agreement shall be valid unless made in writing and signed by the parties hereto. No covenant, representation or condition not otherwise expressed in this Agreement shall replace, modify, Interpre', change or restrict the express provisions of this Agreemen; 12.7 NON -WAIVER o= CUMU..ATIvE RIGHTS: No failure or delay on the part of the Funds Administrator, any Disbursing Agent or the Surety and no forbearance, neglect or failure by the Funds Administrator, any Disbursing Agent or the Surety to insist upon strict compliance with this Agreement or to exercise any right, power or privilege under this Agreement and no course of dealing between the Funds Administrator, any Disbursing Agent or the Surety shall operate as a waiver of any such right power or privilege nor shall any single exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights, powers and privileges provided for herein are cumulative and not exclusive of any rights, powers, privileges or remedies which the Funds Administrator would otherwise have under applicable law. 12.8 ARBITRATION: All disputes or differences arising out of the performance or the interpretation of this Agreement shall. as a pre -requisite to and substitute for any suit, first be submitted to binding arbitration by one arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association then in effect. The locale of the Arbitration shall be Houston, Texas, and the arbitration shall include in any award the costs of the arbitration proceeding and expenses, including, without limitation, the legal and consulting fees, of the prevailing party. This Article shall survive the termination of this Agreement 12.9 GOVERNING LAW. The internal law, without regard to conflicts of laws principles, of the State of Texas will govem all questions as between the Contractor and Funds Administrator conceming the construction, validity and interpretation of thS Agreement and the performance and enforcement of the obligations Imposed by this Agreement. Notwithstanding, nothing set forth herein is intended or sha'i in any way modify, alter or otherwise limit the Contractor's obligation to comply with ail federal, state and local laws, codes. regulations or otherwise, as may be applicable, regarding the performance of the Construction Contract. 12.10 CONSENT TO JURISDICTION: ANY SUITS, CLA MS OR CAUSES OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR ANY OTHER AGREEMENTS BETWEEN THE PARTIES SI-ALL BE BROUGHT FOR RESOLUTION IN A STATE OR FEDERAL COURT OF APPROPRIATE JURISDICTION ONLY IN HARRIS COUNTY IN THE STATE OF TEXAS, AND ALL OBJECTIONS TO VENUE AND PERSONAL JURISDICTION IN SUCH FORUM ARE HEREBY EXPRESSLY WAIVED. 12.1 1 WAIVER OF TRIAL BY JURY: WITH RESPECT TO ANY CLAIMS OR DISPUTES PERTAINING TO TH,S AGREEMENT OR ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT, CONTRACTOR HEREBY (A) COVENANTS AND AGREES NOT TO ELECT A TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST. THIS WAIVER OF A RIGHT TO A TRIAL BY JURY IS SEPARATELY G VEN AND KNOWINGLY AND VOLUNTARILY MADE BY THE CONTRACTOR. THIS WAIVER IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A JURY TRIAL WOULD OTHERWISE ACCRUE. THE FUNDS ADMINISTRATOR IS HEREBY AUTHORIZED AND REQUESTED TO SJBMIT THIS AGREEMENT TO ANY CCURT HAVING JJRISDICTION OVER THE SUBJECT MATTER AND THE PARTIES TO THIS SWEC FCDA Working Page 13 of 14 12i4 2012 - 9:37:25 PM AGREEMENT, SO AS TO SERVE AS CONCLUSIVE EVIDENCE OF THE CONTRACTOR'S WAIVER OF THE RIGHT TO JURY TRIAL. FURTHER THE CONTRACTOR HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE FUNDS ADMINISTRATOR. INCLUDING THE FUNDS ADMINISTRATORS COUNSEL, HAS REPRESENTED, EXPRESSLY OR OTHERWISE, TO THE CONTRACTOR THAT THE FUNDS ADMINISTRATOR WILL NOT SEEK TO ENFORCE THIS WAIVER CF RIGHT TO JURY TRIAL. 12.12 VALIDITY: The unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. 12.13 SEVERABIJTY: In the event any term, covenant, promise or undertaking, section, subsection, sentence, clause, phrase, word, or any of the provisions of this Agreement or any application thereto to any person or circumstance shall be declared prohibited, invalid or unenforceable to any extent, in whole or in part, by a court of competent jurisdiction, such term or provision shall, in that jurisdiction, be ineffective only to the extent of such persons or circumstances, without invalidating or rendering unenforceable the remaining provisions in any other jurisdiction or affecting the validity of the remaining portions of this Agreement in such jurisdiction, unless such would effect a substantial deviation from the general intent and purpose of the parties or make a significant change in the economic effect of this Agreement on the party benefited by such term or provision 12.14 THIRD PARTY BENEFICIARY: With the exception of limited third party beneficiary rights in favor of the Surety, nothing in this Agreement is intended to nor shall it be interpreted in any way so as to create beneficiary rights in any other third party. 12.15 SUCCESSORS AND ASSIGNS: This Agreement shall bind and inure to the benefit of the heirs, executors, administrators and successors in interest of the parties of the Agreement; provided, however, that the Contractor may not assign its rights hereunder or any interest herein without the prior written consent of the Funds Administrator and any such assignment or attempted assignment by the Contractor shall be void and of no effect with respect to the Funds Administrator or the Surety. 12.16 MULTIPLE ORIGINALS: This Agreement may be executed in multiple original counterparts, each of which original counterpart shall be of equal dignity The authorized representatives of the parties to this Agreement have hereunto affixed their signatures below and executed it to become effective on the day first written above. FUNDS ADMINISTRATOR: CSSG. Inc. dba THE SOUTHWEST ESCROW COMPANY Beth Gary, President Date 200 River Pointe Dr.. Suite 306 Conroe. TX 77304 Phone: (281) 298-5161 Fax: (936) 756-7548 Email: bgaryswec-csg.com SWEC FCDA Working Page 14 of 14 CONTRACTOR: PARDALIS INDUSTRIAL ENTERPRISE INC. a• Tony Pardalis, President Date: /_Z I 2-c) 3320 Longhorn Houston, TX 77084 Phone (832) 725-7202 Fax: (281) 464-0039 Email: 12/4/2012 - 9:37:25 PM EXHIBIT A ASSIGNMENT OF CONTRACT FUNDS AND CONSENT THERETO This Assignment of Contract Funds and Consent Thereto(hereinafter"Assignment")is entered into this 21st day of August,2015 with Pardons Industrial Enterprise, Inc.("Contractor") and City of Pearland-Public Works Deptarment("Owner''). RECITALS WHEREAS, Contractor has entered into an agreement for construction or other services ("Construction Contract") with Owner concerning that certain project known as Southdown Ground Storage Tank Rehabilitation Bid#0615-56("Project"). WHEREAS, Contractor was required to obtain performance, payment and maintenance bonds(the"Bonds")regarding the Construction Contract and the Project; WHEREAS, NGM Insurance Company ("Surety") has agreed to issue the Bonds conditioned, in part, on Contractor selecting a fund control company to receive and disburse monies due under the Construction Contract; WHEREAS, Contractor selected and retained THE SOUTHWEST ESCROW COMPANY ("SWEC"), under the Southwest Escrow Company Fund Control / Disbursing Agreement dated the 21st day of August, 2015("Fund Control / Disbursement Agreement") to provide such administration services on its behalf; and WHEREAS, Contractor binds himself his successors,assigns and legal representatives,to all covenants of this Assignment. WHEREAS, Surety acknowledges that the Owner will make payments directly to SWEC for the purpose of carrying out SWEC's obligations under the Fund Control / Disbursing Agreement and agrees that this change in payment terms does not cause Owner to be in default of any previous agreements on payments. CLAUSES NOW THEREFORE, in consideration of the preceding recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner and Contractor agree as follows: 1. Through this instrument, Contractor requests, and Owner consents,that all Contract Funds due Contractor under the Construction Contract shall be mailed directly to "THE SOUTHWEST ESCROW COMPANY" at 200 River Pointe Dr. Suite 306 Conroe, TX 77304 or by wire transfer directly to Northern Trust Bank, Account number , including, but not limited to, any and all amounts now due, scheduled to become due in the Rev.09/06 1 of 2 LA1 60134541.1 future, or which become due on account of any increases in or amendments, additions, supplements, extensions, extras, change orders, additional work or other additional matters relating to the Construction Contract (collectively the"Contract Funds"). The foregoing assignment of Contract Funds is irrevocable, unconditional and absolute, and is not for security purposes. The parties recognize however that the foregoing does not prevent the Owner from withholding from payment to SWEC any amounts Owner would be entitled to withhold from Contractor by virtue of terms of the Construction Contract or by law. 2. The Contractor represents and warrants that he has full legal authority to enter into this Assignment, and that he has taken all corporate action necessary to authorize himself to enter into and perform under the Construction Contract and this Assignment. 3. SWEC shall distribute the Contract Funds received under this Assignment in accordance with the terms and conditions of the Fund Control / Disbursement Agreement in order to discharge Contractor's obligations to subcontractors and suppliers for any work performed under the Construction Contract. City of Pearland-Public Works Department Paradalis Industrial Enterprise, Inc. (Owner) (Contractor) By:(Sign) By: (Sign)By: (Print) Cla J. Pearson By: not ca - -- -- ------ (Print)Toni S 2oV S Its: City Manager Its: 'Petsi4 , NOTE: This must be signed by an authorized representative of the Owner. The architect or engineer should not sign this document. Rev.09 ' 2 of 2 LA1 60134541.1 Project Manual for: Southdown Ground Water Storage Tanks Rehabilitation Pt EARL.,*4° MID IL A AS FS T $ m 0� 1 Bid No. : 0615-56 July, 2015 Prepared By: Dunham Engineering, Inc. 12815 FM 2154, Suite 150 College Station, Texas 77845 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS SECTION TITLE. DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS NO. OF PAGES 00100 Invitation to Bid 3 00200 Instructions to Bidders 8 00300 Bid Proposal/Exhibit A 4 00500 Standard Form of Agreement 7 00610 Performance Bond 2 00611 Payment Bond 2 00612 One -Year Maintenance Bond 2 00615 Partial Waiver of Lien 1 00700 General Conditions of Agreement/Table of Contents 41 00701 Attachment 1 3 00702 Attachment 2 4 00703 Attachment 3 10 00800 Special Conditions of Agreement 3 00811 Wage Scale for. Engineering Construction 7 DIVISION 1- GENERAL REQUIREMENTS 01100 Summary of Work 2 01140 Contractor's Use of Premises 4 01200 Measurement and Payment Procedures 3 01290 Change Order Procedures 4 01310 Coordination and Meetings 3 01350 Submittals 7 01380 Construction Photographs 3 01420 Referenced Standards 5 01430 Contractor's Quality Control 2 01440 Observation Services 1 01450 Testing Laboratory Services 3 01500E Temporary Facilities and Controls — Special Provision 1 01500 Temporary Facilities and Controls 10 01505S Mobilization — Special Provision 1 01505 Mobilization 2 01550 Stabilized Construction Exit 4 01555 Traffic Control and Regulation 4 01560 Filter Fabric Fence 3 01561 Reinforced Filter Fabric Barrier 3 01562 Waste Material Disposal 3 01564S Control of Ground Water and Surface Water — Special Provision 1 01564 Control of Ground Water and Surface Water 8 00010 - 1 of2 CITY OF PEARLAND TABLE OF CONTENTS 01565 TPDES Requirements 85 01566 Source Controls for Erosion and Sedimentation 5 01580 Project Identification Signs 4 01600 Material and Equipment 3 01630 Product Options and Substitutions 3 01750 Starting Systems 2 01760 Project Record Documents 2 01770 Contract Closeout 2 NOTE: The Specification Sections listed below are standard to all City of Pearland Projects and are incorporated into this Project Manual by reference, as if copied verbatim. The Contractor shall be responsible for reading and understanding any and all Specification Sections that are pertinent to this project and may obtain the latest version of each Specification Section from the Engineering Services section of the City of Pearland website. Any Specification Section listed below and marked with an asterisk (*) are provided as part of this Project Manual. DIVISION 2 — SITE WORK 02220 * Site Demolition 5 02921 * Hydromulch Seeding 4 02530 * Gravity Sanitary Sewers 20 SPECIAL SPECIFICATIONS AND OBSERVATION SHEETS Ground Water Storage Tanks Rehabilitation Technical Specifications Southdown Bolted Steel GST Report of Inspection Southdown Welded Steel GST Report of Inspection Aerial Photo END OF SECTION 00010 -2 of 2 City of Pearland ADDENDUM SECTION 00901 "" S pr. v C PEA AND I5 , , , S� r" ADDENDUM NO. 1 Date: August 5, 2015 PROJECT: Southdown Ground Storage Tank Rehabilitation RE: Bid # 0615-56 BID DATE: August 7, 2015 From Tracy A Sambrano t To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECIEPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. SPECIFICATIONS: CLARIFICATION AND OTHER: 1. PreBid Meeting Sign in Sheet (attached) Questions and Answers from Pre Bid Meeting: 1.) Are the contractors able to work on weekends? As stated the project is Monday-Friday from 7:30am to 5:00pm, unless something should arise that cannot be taken care of during those scheduled days and hours. 2.) What type of blasting material for the exterior? Power tools for the exterior. I 3.) Can we go see the site prior to bidding? Yes, site visit was scheduled immediately following pre bid meeting at the City Hall. 4.) If we submit a packet when will I be given a log in and password? if you get that information to the City by today, you will have it today. If you M wait until next week it will be next week. 5.) Will I have to turn in daily logs and pictures? Yes, you will have to daily logs on the equipment used, employees, process made for that day along with picture that will get downloaded on the Pro trac system. 6.) Is any of the exterior piping in the facility included in the bid process? 1 No this project only consists of the two Ground Storage Tanks. The exterior piping is in another project. If we can be of further service, please do not hesitate to contact me at the email address listed below. Sincerely, Tracy A Sambrano Water Production Superintendent Project Manager 281 924-8251 tambrano@pearlandtx.gov RFP Southdown Ground Water Storage Tanks Rehabilitation Project RFP#0615-57 Pre-Bid Meeting Sign-ln Sheet 10:00 AM 07/31/15 (Please Print) i Company Name Address + Company Representative Signature Email Address Telephone Number j e 901 AAA , a ; diktlz (c a1 �4 koo(lRyvt 9...9,a zi-vtAzi4x,,te_extie,(1,;.).40A, jja k 6 I Ve l Cc 3A "7H sr?..z 114 ! -_ — PeArri , G ct (041 tes,_(-c_ ____ 4 _ Ptt•Le ___ _ a. Az*I- e v6:1;4_10.,, ,,j_.?_,:_V_!__-__•2s_sr-___-3sIt 1 5044 test.„Ctit,L. /13Izi -At kJ ,•-l 144p+. 'fie 1 ‘ -- Ott"- b € n ---- _--- 1s6b 1- t 3d�u k-1a►, St CdLT Ail ,r 3551 _- _ _ n� I � L'tx►�i e.M,oddb�-1-�@�riuna►��tvw+ ;cab W kel;(4Q, 7�.'rSSY r�-.- G.- 1 Gv°� .tiv FE,.cI 77� 7Q 6� �Jt��-e �d �tioe4 5 �4.,, c. -_ _ lac4 -rye dos\k,4 i iu4.e k �D¢ 1 - I. 3 .T es Crl'.. :K.., --1 `44 3-2` i 13-g- ri 1 5' 1 04e,4 , N. \ 9 9 /t 4�/��,+r S �`wy.�) vs n - (f(-- 1. ` 1 5514 Iasi-Hco-Fb,, ZS,-59o-32oa `3t C Cl� i u4. 11f^ A4 Vill.-,----Cif Tt<1' VI 'hiG. Kt� co7,�C�,Z�rrenebAn 4101 }pads rAtztStta}Ib; 21'7-773' T col s � 5'�epl ie Ells l/ gnieg _mi t 33t,6 hq 6 7 IrGG __ , 1( c) , eie :lop 3SO) ir.or4(I . T!^0.cy SFtmbdGkrya Jezteg 't oiy-Arzeatant. f .yea L8'/ 9L?y-80.5/ kR t CITY OF PEARLAND Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS Lowest Responsible Bidder INVITATION TO BID Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: https://pearland.ionwave.net/Login.aspx. All interested Bidders are required to register as a "supplier" on the City's E-bid System . at the above web address and clicking on "Supplier Registration". Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date. However, submissionofan E-bid requires completing a short registration questionnaire found on this web site. When prompted to add or remove commodity codes registrants should add the codes listed below: * Building Construction Services, New (Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy (Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebids@pearlandtx.gov. All Bids submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Bids, shall be submitted on the form provided in the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 10:00 a.m.; Friday, August 7, 2015. All Bids shall reference the following project information in the appropriate locations in provided electronic format. All properly submitted bids shall be publicly "opened" and read aloud into the public record following the closing of the acceptance period for the construction of: Southdown Ground Water Storage Tanks Rehabiliation City of Pearland, Texas BID NO.: 0615-56 A mandatory pre -bid conference will beheld at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581 at 10:00 a.m. on July 31, 2015. The project will entail the replacement of the interior' protective coating ofa 0.5 MG welded -steel ground water storage tank, and a 0.135 MG bolted -steel ground water storage tank: 02-2015 00100 - 1 of 3 CITY OF PEARLAND INVITATION TO BID Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to, all transmittals and material submittals, RFI's, RFC's, Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer. This system has certain hardware, intemet access and operation requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200. Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: https://pearland.ionwave.net/Login.aspx upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. City of Pearland, City Hall Purchasing Department 3519 Liberty Drive Pearland; Texas 77581 Amtek Plan Room 4001 Sherwood Houston, TX 77092 The Associated General Contractors of America, Inc. 2400 Augusta,Suite 350 Houston, TX 77057 Virtual Builders Exchange 7035 W. Tidwell Building J, Suite 112 Houston, TX 77092 McGrawHill Construction — Dodge Reports (281) 6524600 (713) 956-0100 (71.3).334-7100 (832) 613-0201 1-800-393-6343 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES. Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without. the consent of the City of Pearland. Unless otherwise expresslyprovided herein, all references to "day(s)" shall mean calendar day(s). Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. Bidders submitting bids electronically through the E-bid System shall 02-2015 00100 - 2 of 3 CITY OF PEARLAND INVITATION TO BID scan and up -load a copy of the sealed Bid Bond as an attachment to their bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Department Circular No. 570", naming the City of Pearland, Texas as Oblige. Additionally, the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Nondiscrimination: The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Selection Criteria: The Contract is to be awarded on the basis of Lowest Responsible Bidder. In identifying this criteria the City will consider: 1) lowest total bid price for all work listed and specifically requested, including but not limited to: Base Bid, Extra Work items and selected Alternates. The City of Pearland reserves the right to award a contract based on any combination of the above considered to be in its best interests or to reject any or all bids. A bid that has been "opened" may not be changed for the purposes of correcting an error in the bid price. Young Lorfmg, TRMC City Secretary, City of Pearland First Publication date: July 23, 2015 Second Publication date: July 30, 2015 02-2015 00100 - 3 of 3 CITY OFPF.ARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1 The term "Owner" hereinafter is . defined as the City of Pearland and is used interchangeably with the term "the City". Both terms are synonymous and refer to the City. 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). 1.3 The term "E-bid System" refers to the City's electronic bidding system. This is a web - based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids in response to advertisement and invitation. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Owner by way of the E-bid System. The terms "electronic bid" or "e-bid" are used inter -changeably to describe the above bid process to submit an authorized bid to .the City in response to an Invitation to Bidders. 1.4 The term "Pro-Trak" means the City's web -based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Bidder at the pre -Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at littps://pearland.ionwave.net/Loain.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) 05-2014 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: ebidsnpearlandtx.gov. 3. Copies of Bidding Documents 3.1 Complete sets of "electronic" Bidding Documentsare 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 listed in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub -bidders bidding to a Bidder, register as a Supplier and download the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of. Bidding Documents including, but not limited to all Addenda issued prior to bid. 3.4 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 4. Qualifications of Bidders 4.1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each. Bidder must be prepared to submit within two (2) days of Owner's request any or all of such Qualifications requested: 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; - 05-2014 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 auditedorexamined 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 performing and furnishing the Work in 05-2014 00200 - 3 of 8 CITY OF 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 tobe performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Interpretations and Addenda 6.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered. Bidders in the City's E-bid System. Questionsreceived 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 05-2014 00200 - 4 of 8 CITY OF PEARL_AND. 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 form and the Standard Form of Agreement; subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time"). All references to "time" or "days" shall be interpreted as consecutive calendar days. 9. Liquidated Damages and Early Completion Bonus 9.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 10 Substitute or "Or -Equal" Items 10.1 The Contract, if awarded, will be on the basis of the 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. 05-2014 00200 - 5 of 8 CITY OF P_EARLAND. 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 shallbe 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 preparationof 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. 05-2014 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 requiredby the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal; 6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non -responsive. Contracts are awarded on the basis of one of the following criteria: A) provision of the "Best Value" or B) Lowest Responsible Bidder 16.2 Best Value. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in. the Bidding Documents. A contract to be awarded to the Bidder offering the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. 16.3 Lowest Responsible Bidder. In determining Lowest Responsible Bidder, Owner will consider: Lowest Total Bid price for all work including Base Bid, Extra Work and Alternates, if any, and any other cost criteria Additional evaluation criteria may include: the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid 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 05-2014 00200 - 7 of 8 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. Attendance at the pre -bid conference is MANDATORY to fulfill the prerequisite requirements for Bidders bidding directly to the Owner. 20. Retainage 20.1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 05-2014 00200 - 8 of 8 CITY OF PEARLA rD BID PROPOSAL Section 00300 BID PROPOSAL Part A Date: 8/06/2015 Bid of PARDALIS INDUSTRIAL ENTERPRISE INC., , an individual proprietorship / a corporation organized and existing under the laws of the State of Texas / a partnership consisting of HOUSTON, TX , for the construction of: Southdown Ground Water Storage Tanks Rehabilitation City of Pearland, Texas COP PN: not applicable BID NO.: 0615-56 (Submitted in Electronic format) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes to perform all the work and furnish all necessary superintendence, labor, 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 Ground Storage Tank Rehabilitation at Southdown Water Plant: at 1003 E. Belgravia, Pearland, TX. with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by the Engineer, Mr. Travis C. Tatum, P.E., Duhnham Engineering, Inc., 13141 Hill Road, College Station, TX 77845, for the unit prices or applicable prices set forth in Exhibit "A", the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included and has been uploaded as an attachment within the E-bid system and, that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, 2nd.Floor, City Hall, 3519 Liberty Drive, Pearland, Texas 77581. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within the time 10-2012 Bidder's Initial'sTTS 00300 - 1 of 3 CITY OF PEARLAND BID PROPOSAL, stated and for the prices stated in Part B of this proposal along with all required insurance in the required amounts. The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within 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 and Maintenance Bond if required, 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.: 1 Date: 7/30/2015 Addendum No.: Date: Addendum No.: 2 Date: 8/6/2015 Addendum No.: Date: Bidder hereby represents that the only person or parties interestpd 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 NamePARDALIS INDUSTRIAL ENTERPRISE INC., By: TONY SAROUKOS Title: PRESIDENT Address: 3320 LONGHORN DR. HOUSTON, TX 77084 Phone No: 281-579-6535 ATTEST: TONY SAROUKOS (Typed or Printed Name Signature Date: 10-2012 (Seal, if Bidder is a Corporation) Bidder's Initial's: 1-5 00300 - 2 of 3 CITY OF PEARLAND BID PROPOSAL END OF SECTION 10-2012 Bidder's Initial's: TS 00300 - 3 of 3 I") CITY OF PEARLAND BID PROPOSAL EXHIBIT "A" - BID FORM Contractor Name Project Name City of Pearland Sounthdown BS & WS Ground Water Storage Tanks Rehabilitation Project Project No. Contract Amount ?:Item Number j SECTION 1t- BASE 3ID Item Description = . ;`;;-I . s.Unit 1.01 MOBILIZATION @ 3% (SPEC. 1505) FURNISH MATERIAL AND LABOR TO REPLACE THE COATING SYSTEMS PER THE 1.02 TECHNICAL SPECIFICATIONS - Welded Steel GST FURNISH MATERIAL AND LABOR TO PERFORM THE REPAIR ITEMS PER THE 1.03 TECHNICAL SPECIFICATIONS - Welded Steel GST FURNISH MATERIAL AND LABOR TO REPLACE THE COATING SYSTEMS PER THE 1.04 TECHNICAL SPECIFICATIONS - Bolted Steel GST FURNISH MATERIAL AND LABOR TO PERFORM THE REPAIR ITEMS PER THE 1.05 TECHNICAL SPECIFICATIONS - Bolted Steel GST 1.06 DISINFECTION, CLEANUP & DEMOBILIZATION SECTION 2`EXTRA:WORK Contract Name BID NO.: 0615-56 Total LS LS LS LS LS LS I:Estimated'Quantityj :;Unit:Pjlce::;. 1 $ 1 $ 1 $ $ 1 $ 1 1 $ SUBTOTAL $ $5,000 CONTINGENCY FOR REPAIR OF HIDDEN CORROSION DAMAGE AND HOLES 2.01 PER THE TECHNICAL SPECIFICATIONS. NTE 1 $ 5,000.00 $ 5,000.00 FURNISH MATERIAL AND LABOR TO PRESSURE WASH THE INTERIOR OF THE Weldd Steel GST TO REMOVE SURFACE CONTAMINANTS PER THE TECHNICAL 2.02 SPECIFICATIONS FURNISH MATERIAL AND LABOR TO PRESSURE WASH THE INTERIOR OF THE Bolted Steel GST TO REMOVE SURFACE CONTAMINANTS PER THE TECHNICAL 2.03 SPECIFICATIONS To be done where authorized by Engineer and in quantities to be authorized. SECT.IONr3'=:;ALTERNATE BID, LS LS 1 $ $ 1 ADD OR DEDUCT FROM BASE BID TO INSTALL ALTERNATE COATING SYSTEM PER 3.01 SECTION 10 OF THE TECHNICAL SPECIFICATIONS (PRICING NOT REQUIRED) LS 08/2012 1 !:;BIDSUMMARY TOTAL BASE BID (SECTION 1 + SECTION 2) TOTAL ALTERNATE BID (SECTION 1 + SECTION 2 + SECTION 3) SUBTOTAL $ 5,000.00 SUBTOTAL $ 00300-Al 8/21/2015 City Pearland eBid System Help Log Off Welcome pardalisindustrial@gmail.com! (111111., .a Events F.iW PrO ii Response Detail - 0615-56 Addendum 2 Bid event has closed. Bid responses can no longer be submitted. Return Documents 1IResponse History EIBid History Information has been changed as part of an addendum. See 'Bid History'for details. Bid Number 0615-56 Addendum 2 (Southdown Ground Water Storage Tanks Rehabilitation Project) Close Date &Time 8/7/2015 10:00:00 AM Central Bid Duration 14 days 19 hours 44 minutes 59 seconds • Response Status Response Submitted - 8/6/2015 5:34:03 PM Central Response Total $181,000.00 Award Details Event Details Activities Participants Attachments Attributes Line Items Response Attachments Response Submission Bid Line Items Qty i y.aA . pon se Extended 1 SECTION 1 - BASE BID 1 LS $170,000.00 $170,000.00 Package Items 1.1 Mobilization @ 3% (Spec. 1505) 1 LS *$5,000.00 $5,000.00 1.2 Furnish Material and Labor to Replace The 1 LS*$93,000.00 $93,000.00 Coating Systems Per The Technical Specifications - Welded Steel GST 1.3 Furnish Material and Labor to Perform The 1 EA *$5,000.00 $5,000.00 Repair Items Per The Technical Specifications - Welded Steel GST 1.4 Furnish Material and Labor to Replace The 1 LS*$47,000.00 $47,000.00 Coating Systems Per The Technical Specifications - BOLTED Steel GST 1.5 Furnish Material and Labor to Perform The 1 LS *$5,000.00 $5,000.00 Repair Items Per The Technical Specifications - BOLTED Steel GST 1.6 Furnish Material and Labor to Install 1 LS:,:c$15,000.00 $15,000.00 Concrete Flooring Per The Technical Specifications - BOLTED Steel GST 2 SECTION 2 - EXTRA WORK 1 PKG $10,000.00 $10,000.00 Package Notes: To be done where authorized by Engineer and in quantities to be authorized. Package Items S _=.wfkati ql • t kJ ..a .�_i"".e 2.1 $5,000 Contingency For Repair of Hidden 1 NTE *$5,000.00 $5,000.00 Corrosion Damage and Holes Per The Technical Specifications 2.2 Furnish Material and Labor To Pressure Wash 1 LS*$3,000.00 $3,000.00 The Interior Of The WELDED Steel GST To Remove Surface Contaminants Per The httpsi/pearland.ionwave.net/Desktop.aspx?pid=690&bid=626&bcid=468&bwid=1&ret=41 1/2 8/21/2015 City Pearland eBid System Technical Specifications 2.3 Furnish Material and Labor To Pressure Wash 1 LS *$2,000.00 $2,000.00 The Interior Of The BOLTED Steel GST To Remove Surface Contaminants Per The Technical Specifications 3 SECTION 3 -ALTERNATE BID 1 LS $1,000.00 $1,000.00 Package Items 3.1 ADD or DEDUCT From Base Bid To Install 1 LS*$1,000.00 $1,000.00 Alternate Coating System Per Section 10 Of The Technical Specifications (Pricing Not Required) Supplier Notes: We have placed a sum of a $1000 though to changes in the coating brand. The system did not allowed to place a cero amount. And the section 3.1 states that pricing not required Items 1-3 shown of 3 1 (.1" httpsJ/pearland.ionwave.net/Desktop.aspx?pid=6908bid=626&bcid=46&bwid=1&ret=41 2/2 ACOR E' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYI) 08/21/2015 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 CALOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. •tIPORTANT: 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 CONTACT Robert Fox NAME: Robert Fox Insurance Agency PHONE 920-2315 FAX (281)920-9263 �E�WAIL E cam: (281) , (NC,No): 430 Hwy 6 South,Suite 102 ADDRESS: robert@robertfoxinsurance.com Houston,TX 77079 INSURER(S)AFFORDING COVERAGE NAIC# Phone (281)920-2315 Fax (281)920-9263 INSURER A: Underwriters @ Lloyds London INSURED INSURER B: Progressive Insurance Pardalis Industrial Enterprises Inc INSURER C: Texas Mutual 3320 Longhorn INSURER D: INSURER E: Houston TX 77084 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTR INSR MD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS Ei COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ 1,000,000.00 ❑ CLAIMS MADE 0 OCCUR DAMAGE TO RENTED 100,000.00 PREMISES(Ea occurrence) $ El MED EXP(Any one person $ 5,000.00 A ❑ Y KFA201385 05/30/2015 05/30/2016 PERSONAL&ADV INJURY $ 1,000,000.00 Galt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000.00 El POLICY ❑ JET ❑ LOC PRODUCTS-COMP/OP AGG $ 1,000,000.00 ❑ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000.00 (Ea accident) $ ❑ ANY AUTO BODILY INJURY(Per person) $ B ❑ nu Ds NEO 0 SCHEDULED 00397884 12/05/2014 12/05/2015 BODILY INJURY(Per accident) $ Q HIRED AUTOS I AUTOS NED PROPERTY DAMAGE $ (Per accident) ❑ ❑ $ • UMBRELLA LIAR ❑OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAR ❑CLAIMS-MADE AGGREGATE $ ❑ DED ❑ RETENTION S $ WORKERS COMPENSATION ❑ PER ❑ER AND EMPLOYERS'LIABILITY Y/N C OFFICER/MEMBEANY R EXCLUDED?ECUTIV� N/A EL EACH ACCIDENT $ 1,000,000.00 (Mandatory In NH) 0001279814 12/09/2014 12/09/2015 EL DISEASE-EA EMPLOYE $ 1,000,000.00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY UNIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Pearland is listed as additional insured as per written contract.30 day NOC CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Pearland THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3501 E.Orange rill*' Pearland,TX 77581 AUTHORIZED REPRESENTATIVE /24—/6'.- Z''... ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01)QF The ACORD name and logo are registered marks of ACORD CITY OF PEARLAND STANDARD FORM OF AGREEMENT �'1 Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and PARDALIS INDUSTRIAL ENTERPRISE INC., (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: Southdown Ground Water Storage Tanks Rehabilitation 1003 E. Belgravia City of Pearland, Texas BID NO.: 0615-56 Article 2. ENGINEER The Work has been designed by Dunham Engineering, Inc. 13141 Hill Rd., College Station, TX 77845, Travis C. Tatum, P.E., 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 in the Special Conditions if applicable), and completed and ready for Final Payment within ninety (90) 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 for Substantial Completion until the Work is substantially complete. After Substantial Completion, 05-2014 00500- 1 of 7 CITY OF PEARLA11rD STANDARD FORM OF AGREEMENT if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $180,000 (the"Contract Price"). The Contract Price includes the Base Bid and Alternate #N/A as accepted by OWNER as shown in Document 00300—Bid Proposal. Article 5. PAYMENT PROCEDURES (111 CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment"of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood,however,that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at 05-2014 00500-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT the OWNER's option,may be relieved of the obligation to fully complete the Clb*\ 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 fmal 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 CON FRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost,progress,performance,or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying)all such examinations, investigations,explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said 05-2014 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 described as"Report of Inspection"bearing the following general title: Report of Inspection, Dunham Engineering for Cullen Blvd. GST (16 pgs.), McLean Rd. GST(17 pgs.), and FM 518 GST(21 pgs.). 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work, including Technical Specifications, by Dunham Engineering Inc_, pages 1-13. 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. 05-2014 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 are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried 05-2014 00500 - 5 of 7 CITY OFPEARLAND STANDARD FORM OF AGREEMENT 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. 05-2014 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: AUGUST 24 , 2015 . OWNER: CITY OF PE Clay J. By: Title: CONTRACTOR: PARDALIS INDUSTRIAL ENTERPRISE INC., By: TONY SAROUKOS Title: PRESIDENT Date: _ August 24, 2015 Date: AUGUST 24, 2015 (Corporate Seal) ATTEST JUAN TORRES Address for giving notices 3320 LONGHORN DR. HOUSTON, TX 77084 Phone: 281-5796535 Fax: 281-6460039 Agent for service of process: END OF SECTION 05-2014 00500 - 7 of 7 Title VI Nondiscrimination Assurances APPENDIX A During the performance of this contract, the.:contractor, for :itself, its assignees successors in interest (hereinafter referred to as the "contractor) agrees as follows: (1) (4) (5) and Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -Assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations; Part 21, as they may. be :amended from: time to time,: (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.. .. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. Information and Reports: The contractor shall provide all information and reports required by: the Regulations or: directives issued pursuant thereto, and.. shall permit access to its books, records, accounts, other sources of information, and its facilities as:may be determined by the Sub -Recipient or the Federal.Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions._: Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the :Sub -Recipient, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions. of this contract, the Sub -Recipient. shall impose such contract: sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Sub -Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that, in the event a: contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sub -Recipient to enter into such litigation to protect the interests of the Sub -Recipient, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. BOND# s-301982 CITY OF PEARLAND PERFORMANCE BOND Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Pardalis Industrial Enterprise, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and NGM Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ One Hundred Eighty Thousand dollars C.'S180.000.00 ) 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 . 24th day of August , 20 15 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Southdown Ground Water Storage Tanks Rehabilitation 1003 E. Belgravia City of Pearland, Texas COP PN: not applicable BID NO.: 0615-56 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610 - 1 of 2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of August , 20 15 , Principal: PARDALIS INDUSTRIAL ENTERPRISE, INC By: Tony Saroukos Title: President Address: i�,, ,1'-i3320 Longhorn v- f .. o ston, Texas 77084 €:`Il`phone: 281-579-6535 "Fax •: 281-646-0039 Surety: NGM INSURANCE COMP`A17Y 77 By: Michael T Siegeler Title: Attorney -In -Fact Address: 172 West Austin Street Giddings, Texas 78942 Telephone: 979-542-3449 Fax: 979-542-0469 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610 - 2 of 2 BOND # s-301982 CITY OF PEARLAND PAYMENT BOND Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Pardalis Industrial Enterprise, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and NGM Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ One Hundred Eighty Thousand dollars (”S18O,000.00") 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 24th day of August , 20 15 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Southdown Ground Water Storage Tanks Rehabilitation 1003 E. Belgravia City of Pearland, Texas COP PN: not applicable BID NO.: 0615-56 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of August , 20 15 Principal: PARDALIS INSUDTRIALENTERPRISE, INC By: G�1 TONY SAROUK Title: President Surety: NGM INSURANCE OMPANY By: MICHAEL T SIEGELER - .. Title: Attorney -In -Fact Address: Address: '111::1J 3320 Longhorn • - , - -Fa : 281-646-0039 Fax: 979-542-0469 ^houston, Texas 77084 ebhone: 281-579-6535 172 West Austin Street Giddings, Texas 78942 Telephone: 979-542-3449 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00611 - 2 of 2 BOND # s-301982 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Pardalis Industrial Enterprise, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and NGM Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ One Hundred Eighty Thousand dollars ( SI8o,000.00'*) 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 24th day of August , 20 15 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Southdown Ground Storage Tank Rehabilitation 1003 E. Belgravia City of Pearland, Texas COP PN: not applicable BID NO.: 0615-56 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612 - 1 of 2 Y CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of August , 20 15 Principal: PARDALIS IND TTFNTERPRISE, INC. .- By: Tony Saroukos Title: President Address: •'— r,3 20 Longhom - i-haFston, Texas 77084 ` . Te1e hone: 281-579-6535 Fax: 281-646-0039 Surety: NGM INSURANg COMPA ,t` By: Michael T Siegeler Title: Attorney -In -Fact Address: 172 West Austin Street Giddings, Texas 78942 Telephone: 979-542-3449 Fax: 979-542-0469 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00612 - 2 of 2 NGM INSURANCE COMPANY A member of The Main Street America Group POWER OF ATTORNEY 06-02976746 iorm<NOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal ffice in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit: "Article IV, .Section2. The board ofdirectors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys -in -fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, 'contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys -in -fact at any time and revoke the power and authority given to them:" does hereby make, constitute and appoint Michael T Siegeler, Teresa Muniz, Kristina Matthijetz .; its true and lawful Attorneys -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the following limitation I No one bond to exceed Five Million Dollars ($5,000,000.00) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the NGM Insurance Company, the acts of said Attorney are hereby ratified and confirmed_ power .. ::. signed .:,.:. This oof attorneyis and sealed byfacsimile under and bythe authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized"by the By -Laws and the company seal maybe affixed by facsimile to any power 'of" attorney or special `power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in thenature thereof; such signature and seal, when so used being hereby adopted by the company -as the original signature of such office and the 'original seal of the company, to be valid and binding upon the company with the same force and effect "as though manually axed �N WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vice President, Jeneral Counsel and Secretary and its corporate seal to be hereto affixed this 20th day of March, 2013. NGM INSURANCE COMPANY By: State- of Florida; County of Duval: On this March20th,,2013, before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified; came Bruce R' Fox of the: NGM Insurance Company, to me -personally�known to be the officer described, herem, and who executed°the preceding instrument, and he acknowledged the execution "of same, and being by me fully sworn, "deposed and said'that he. .is • an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, that Article IV, Section 2 of the By -Laws of said Company is now'in force.- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Jacksonville, -Florida this 20th day of Marc 2013. !� / 1n ' t,. ur TAStA MIMI NOTARY STA:15 OF FLORp,:._ Conipi*Et E43i Emaes iT4/2015_,'a Bruce R Fox Vice: President, General Counsel and Secretary I,` Brian J Beggs, Vice President of the NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect - . _ IN WITNESS WHEFEOF, I have hereunto set my hand and affixed the seal of said Company at Jacksonville Jotida't iis.. 024' day Vq us' Q2 (S WARNING: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond. please call 1-800-2255646. , y TO SUBMIT A CLAIM: Send all correspondence to 55 West;Street, Keene, NH 03431 Attn:'Bond Claims DocuGard x'04546 contains asecurity pantograph, blue background, heat sensitive ink corn-reactit e. r✓ate,rm,aik, and mrcroteh, printing on border. 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 connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: in 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 My Commission Expires: Signature Printed Name & Title Company Name day of , 20 Notary Public 5-12-12 CITY OF PEARLANDGENERAL 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 '1'11W 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 6 3.01 Owner -Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700 - ii CITY OF PEA'RLAND 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 18 21 00700 - iii CITY OF PEARLAND 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 '-II") 7.01 Differing Site Conditions 7.02 Change Orders 7.03 Change Orders 7.04 Request for Work Approval for Work on Non -Work Days 7.05 Minor Changes 7.06 Extra Work 7.07 Time of Filing Claims 8.0 DEFAULT 30 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 8.04 Cross -Default 10-2012 00700 - iv GENERAL CONDITIONS OF AGREEMENT sw% CITYOFPFARLAND GENERAL CONDITIONS OF AGREEMENT 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B1 ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012 00700 - v CRY 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 ororganizations identified as such in the Agreement. The term ENGINEER as .used in these General Conditions shall refer to the Engineer or Architect identified in the'Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated: 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among' the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) • General Conditions, of ' Agreement, including Attachment No. 1 — Workers' Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) Addenda, if any; (6) Plans and Specifications referenced or included in the Project Manual; (7) • Instructions to Bidders; (8) Bid Proposal; and I0 2012 00700 - 1 of36 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 Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR. shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which, so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra. Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-2012 00700 - 2 of 36 CITY OF PEARiiAND 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 finalpayment 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 fordelays, 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 professionalsengaged 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 itemsor 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, CON TRACTOR 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 'Tl CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by. the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph; CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been° noted by a, careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterationsthereto 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 arethe 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 fora 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 for which the OWNER becomes liable, then the CON TRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01. OWNER -ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the .OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S. representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on . the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible, ,for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have. the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non -conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non -conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall bepaid 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 arid 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 responsible,: directly -or indirectly, -:for :the construction means; methods, techniques, sequences, quality, procedures, programs, safety precautions orlackof same incident to the -Work being performed or any part thereof: The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on=site observations; will keep the OWNER -informed of the progress of the work and will endeavor to guard the OWNER -against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees - or any other person,' firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF • QUESTIONS AND DISPUTES. In -order 'to prevent delays and disputes and to discourage -litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In .the event the ENGINEER shall become aware of or shall receive information that •thereis a dispute or .a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation .or instructions of the ENGINEER, CONTRACTOR or -OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT: The . ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR. - in such amount. Such.. recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non -conforming Work.: Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 10-2012 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 REARL AIVD. GENERAL CONDITIONS OF AGREEMENT of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunityy 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 0081.1— Wage Scale for Engineering Construction,. or Document 00813 — Wage Scale for Building Construction; or both, as set out in the Project Manual. 4.04 - ASSIGNMENT AND SUBLETTING. The .CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract :and. that he will not assign, by power of attorney or otherwise, or sublet. said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, withoutthe prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis :whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not- relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in, excess of $25,000.00, the. CONTRACTOR shall execute separate Performance, Payment and Maintenance Bonds,.each°in the sum of one hundred percent (100%) of the Contract Price, and each in accordance, with the provisions :of Chapter 2253 of the Texas Government Code. If the Contract 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 andcompletion 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 s 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 performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is. being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be home 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 shallnot again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools,' equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 00700 -10 of 36 fl 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 bemaintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed . or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly -sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 • SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall' be constructed and maintained by the CONTRACTOR in such manner andat 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 purposesherein 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, constructionor 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 completionof the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such : materials furnished or work- completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER. TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost andexpense.' 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 notassume 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 bymeans of this system shall havethe 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 toobserve 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 theproper 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:OFPFARLAND GENERAL CONDITIONS OF AGREEMENT subordinateengineer, 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 atall reasonable timesto 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 withcertificates of inspection, testing or approval made by independentpersonscompetent to perform such tasks at the location where thatpart 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 coveredup 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 andany other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fullyandcompletely 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 reliever 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 provideall 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 participatingin 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 omissionsunder 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 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 shallbe 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 directlyany 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 PROMPTLYNOTIFY.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 CONDITIONSOR 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 of36 1 • CITY OFPEARLAND 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 N PART, OR ALLEGEDLY' ARISES OUT OF -OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS - ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE,- REGARDLESS -OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE -ORS 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 cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non -conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non -conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that -the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part,in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction . of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, . and estimated datesof 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 damageprovisions 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 thestart 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 requesteddocumentation, the 10-2012 00700 -18 of 36 CITY OF P. E 4Rr AND GENERAL CONDITIONS OF AGREEMENT ENGINEER shall submitsuch 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 timeunder 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. othersections 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 andmadeallowancesfor 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 orsuspension 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 theamount 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 proceedingto 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 writtenrepresentation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data: A.. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 10-2012 00700 - 20 of 36 - CITYOFPFARLAND. GENERAL CONDITIONS OF AGREEMENT to fault of OWNER. An extension of Contract time shall be CONTRACTOR's sole and exclusive remedy for any such -delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. 6.0 MEASUREMENT AND PAYMENT 6.0.1 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 doneand 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 thatthe items listed, or estimated quantities stated, and/or. any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the .:OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences, unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 - PRICE OF WORK. It is: agreed that it is the intent of this Contract that all Work described in the Bid Proposal, and Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall , include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums; taxes, overhead, and profit. In consideration of . the furnishing of all the necessary labor, equipment ,and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of ; all materials embraced in this Contract• in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, OWNER and CONTRACTOR agree that the. Contract is a unit cost agreement; unless stated otherwise, and that the final. Contract amount is equal to the unit cost multiplied by the number of units authorized, installed and approved by the Owner. The OWNER does not assume any obligation to pay for any services, or material not actually authorized and -used. The CONTRACTOR hereby agrees to receive such prices as 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 manner and according to this Agreement, Contract Documents,. and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non -conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount, prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval 'a Schedule of Values, which shall fairly allocate the entire Contract Price among the variousportions 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 eachportion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendations and as approved by the OWNER or ENGINEER at the Work site only. No payment will be made for materials stored until OWNER has approved in writing storage at the Work site. The ENGINEER shall then review such statement of unit quantities and application for partial payment and the progress of the Work made by the . CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. All payment applications . made by CONTRACTOR and delivered to ENGINEER and all verifications and certification of such applications shall be made and transmitted within the Pro- Trak system and signed with the appropriate electronic signatures as provided for in the software. 10-2012 00700 - 22 of 36 CITY OF PEARLAND . . GENERAL CONDITIONS OF AGREEMENT Such applications for payment shall not be considered complete unless accompanied by the CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit,- Section 00615, duly executed by an authorized representative of the CONTRACTOR and reflecting the correct corresponding amount of the payment application: The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further = less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement.' CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to 'date; excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon'written recommendation of the ENGINEER, pay a reasonable and equitable portion: of the retained percentage to the 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 useshall not be -deemed= an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the. CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 • SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, : or an agreed portion thereof, is "Substantially Complete". Such notification shall includea 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 statusof all or the identified portion of the work, and the ENGINEER shall prepare a detailed list of unfinished, incomplete, defective and/or non -conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any .provision of the Certificate or the attached list of non -conforming. work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial .Completion. of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending, final payment and . acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN 11:EM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK. IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive 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 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 delivers to OWNER assignments of all guarantees and warranties from subcontractors, vendors, suppliers or manufacturers,' as well as names, addresses and telephone numbers of contacts for each subcontractor, vendor, supplier or manufacturer; CONTRACTOR removes all equipment, tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; (f) (g) (h) (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CON TRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross -claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained 'or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The _ CONTRACTOR : shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within ten (10) business days after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and remedy such work at CONTRACTOR's expense. 10-2012 00700 - 25 of36 CITY OF PEAR AND . 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 otherwork 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: Defective or non -conforming Work not. remedied; Claims filed or reasonable evidence indicating probable filing of claims; 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 providedtherein. 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 fortheperformance 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 OFWORKORDERED 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 receiptof 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 CONTRACTOWs 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 00700 - 27 of 36 10-2012 CITY OF PEARLAND .. GENERAL CONDITIONS OF AGREEMENT an adjustment (excluding profit) and modify the contract in writing accordingly. The CONTRACTOR will be notified of the ENGINEER's determination, in 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 CON TRACTOR. 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 Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and' all other insurance as may be- required -by law `or ordinance, or the Contract Documents, plus all payments to subcontractors for 'such work. The ENGINEER may direct the form in Which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the -method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR: Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the `Associated General Contractors of America where practicable. `The mark-up of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced "within the -"Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office mustbe maintained solely on account of such Extra Work, then the "'cost :to maintain and operate the 'same shall be included in the "Actual Field Cost." No claim for Extra Work of any kind =will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or 10-2012 00700 - 29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 andconclusive 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 laterdate, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price .and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing , the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be . aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 8.0 : DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) daysafterwritten notification from the OWNER 10-2012 00700 - 30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF. AGREEMENT or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, orifthe 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 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 isno 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 betweenOWNER and CONTRACTOR. In case such expense is less than the sum which would have been 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 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 10-2012 00700 - 31 of 36 (b) CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. In the event ofa default by CONTRACTOR, no further payments shall be made to CON TRACTOR 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 CON TRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, :tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, -that actual written notice given in any manner will. satisfy this .condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to _exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CON TRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to 10-2012 00700 - 32 of 36 CITY.OF PF.ARLAND GENERAL CONDITIONS OF AGREEMENT 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 termsof 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 voluntaryor involuntary bankruptcy proceedings, makes a general assignment for thebenefit of creditors; or if a receiver is . appointed on account of his insolvency, such events could seriously impair or frustrate;CONTRACTOR'S performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor: „in - bankruptcy, either voluntary . or involuntary, CONTRACTOR shall notify OWNER in writing within -twenty-four (24) hours of the filing with the bankruptcy court. -Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled- to request of CONTRACTOR or; its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction. of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the. remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of .such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In. this regard; OWNER and CONTRACTOR agree that delays in . performance could result in more damages to CONTRACTOR. than would be sustained if OWNER failed to exercise such remedies. . 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's.rights under and: interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR'S default or OWNER' s termination of this Contract, OWNER may,in the event there, is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such 10-2012 00700 - 33 of 36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT 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 liabilityin 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 reasonablemeasures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonablebackcharges attributable to CONTRACTOR'S failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any .payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR'S sole and exclusive remedy arising out of a termination for convenience. 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work 10-2012 00700 - 34 of 36 CITY •OFPEARIA]Vm GENERAL CONDITIONS OF AGREEMENT 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, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution 10-2012 00700 - 35 of 36 CITY OF PEARLAND GENERAL. CONDITIONS OF AGREEMENT process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 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 furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.- B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements• of Texas Labor Code, =Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR. must provide: a certificate of coverage to the OWNER prior to being awarded the Contract. D. - If the coverage. period shown on the CONTRACTOR's current certificate of coverage ends during theduration of the project, the CONTRACTORAmust, 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, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. - NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related. to the project, regardless of the identity of their employer or status as an employee." "Ca11 the Texas Workers' Compensation Commission at-(512) 440- 3789 to receive information on the legal requirements for .coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) , provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, . which - meets, the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700 - A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 05/2007 (3) provide the CONTRACTOR; prior to the ;end .ofthe coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown ()tithe 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: (5): c7 (a) a certificate of coverage,: prior; tothe other person beginning work on the ,Project; and , anew certificate of coverage showingextension of coverage, prior to the end of the coverage period, if the coverage period shown on. the _current certificate of coverage ends: during the duration: of the Project; - retain -all required certificates of coverage on file for the duration of the Project and: for: one .year thereafter; (6) .notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, -of anychange 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. 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 coveragefor theduration of the.. Project, that the .coverage agreements will be based on, proper reporting of classification codes and payroll -.amounts, and that all coverage agreementswill 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. The CONTRACTOR's failure to comply. with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER topursue all rights and remedies available to it under the Contract, at law, or inequity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 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 oftheFinal Payment under that certain contract between [ ] (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as Ground Storage Tank Rehabiliation at Southdown Water Plant (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 hasreceivedpayment 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 24 day of August CONTRACTOR: By: Signature Print Name: Tony Saroukos Title: President , 2015. [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 24 day of August 20 15 by Pardalis Industrial Enterprise , 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 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 CONDITTIONS OF AGREEMENT ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City_.of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and (c):others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO" means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner- Parties'; minimum requirementsand 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 companyto pay claims accruing, shall - be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any. and ;all. costs, liabilities, damages and penalties resulting to the Owner. Parties from such breach, unless.. a written; waiver of the specific insurance requirement(s) is provided: to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in. equity, on notice to .the Contractor, purchase such insurance, at the Contractor'sexpense, provided that .the Owner shall have no obligation to do so and if the Owner shall. do .so,, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700 - Cl CITY OF PEARLAND - GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance .Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall . contain no endorsements that restrict, limit, or : exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal,- or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non -renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self -insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 10-2012 00700 - C2 CM' OFPEARLAND 10-2012 GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance _. . 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and . operations of the . Contractor, -including but not limited to liability assumed under this. contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent): 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit $1,000,000 General. Aggregate Limit $2,000,000 Product -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties, on any of the following: i. ISO form CG 20,10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms_ CG 20 33 10 01 and CG 20 37 10 01; or iv. - any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately, to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation; . Nonrenewal or 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. Waiver of Subrogation, as required in 3.6, above. 00700 - C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for - at least one (1) - year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor- shall provide written representation to Owner stating Work completion date. - 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover : liability arising out of any auto (including owned, hired, and non -owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.2.4 Required Endorsements • a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such _insurance shall be excess over and be no less broad than all coverages described above and shall include a drop -down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 10-2012 00700 - C4 CITY OF PEARLAND: GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion ' of the Workto be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 10-2012 4.5 Professional Liability Insurance 4.5.1 Coverage: The Contractor shall provide professional liability insurance for any professional:design or engineering drawing required by the work. Such insurance' shall indemnify the Owner from claims arising from the negligent performance of professional' Services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance ' shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims -Made basis. 4.5.3.. 'Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. . 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial. Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General. Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 00700 - C5 e. f. Form a. b. c. i. ii. iv. v. vi. vii. viii. ix. x. xi. 10-2012 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: a. all structure(s) under construction, including retaining walls, paved surfaces and . roadways, bridges, _ glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; all property including materials and,supplies in transit to the site for installationby all means of transportation other than ocean transit; and other Work at the site identified in the Agreement to which this Exhibit is attached.. 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. No protective safeguard warranty shall be permitted. Required coverage shall further include: Additional expenses due to delay in completion of project (where applicable) Agreed value Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse Debris removal additional limit Earthquake (where applicable) Earthquake sprinkler leakage (where applicable) Expediting expenses Flood (where applicable) Freezing Mechanical breakdown, including hot & cold testing (where applicable) 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 00700 - C6 CITY OF PEARLAND rh‘ 10-2012 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 mr.• Preservation of property xvi. Replacement cost xvii. Theft xviii. Waiver of subrogation as required in G, below. Included Included without sublimit $ TBD Included without sublimit Included Included without sublimit Included 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per $5,000 Occurrence, except b. Delayed Opening Waiting Period 5 Days c. Flood, Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, B or V d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: • a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or c. the date on which the insurable interests inthe Covered Property of all insureds other than Contractor haVe ceased. 00700 - C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. " Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non -renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 10-2012 00700 - C8 CITY OF PFARLANIY 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 itemsowned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 10-2012 00700 - C10 ax (281)920-9263 TX 77084 • CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR LTR TYPE OF INSURANCE INSR WVD CONTACT NAME: PHONE (AIC. No. E t): (281) 920-2315 E-MAIL rObert m ADDRESS: @ bertfoxinsurance.com INSURER(S) AFFORDING COVERAGE INSURER A : Undenlvriters @ Lloyds London INSURER B : Progressive Insurance INSURER C : Texas Mutual (AX A C, No): (281) 920-9263 NAIC INSURER D : INSURER E : ACORd CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 5 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 $PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. )RTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to =n,e 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 Robert Fox Insurance Agency 430 Hwy 6 South, Suite 102 Houston, TX 77079 Phone (281) 920-2315 INSURED Pardalis Industrial Enterprises Inc 3320 Longhorn Houston COVERAGES COMMERCIAL GENERAL LIABILITY ❑ CLAIMS -MADE a OCCUR Ir lI L� ! ❑ ❑ El GGEEN'L AGGREGATE UMITAPPLIES PER LJ POLICY ❑ 28-- ❑ LOC ❑ OTHER AUTOMOBILE LIABILITY ANY AUTO JALL OWNED AUTOS g HIRED AUTOS POLICY NUMBER KFA201385 INSURER F : Robert Fox POUCY EFF POUCY EXP (MM/DD/YYYY) (MM/DDIYYYY) 05/30/2015 05/30/2016 LIMITS EACH OCCURRENCE 15 1,000,000.00. DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person s 100,000.00 s 5,000.00 PERSONAL & ADV INJURY 5 1,000,000.00 GENERAL AGGREGATE s 2,000,000.00 PRODUCTS - COMP/OP AGG SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB ❑ OCCUR EXCESS LIAB ❑ CLAIMS -MADE • OED ❑ RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER (ECUTIVri OFFICER/MEMBER EXCLUDED? (Mandatory In NH) byes, describe under DESCRIPTION OF OPERATIONS below NIA 00397884 0001279814 12/05/2014 12/09/2014 12/05/2015 12/09/2015 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Pearland is listed as additional insured as per written contract. 30 day NOC CERTIFICATE HOLDER COMBINED SINGLE UMIT (Ea accident) BODILY INJURY (Per person) S 1,000,000.00 S 5 S 1,000,000.00 BODILY INJURY (Per accident) 5 PROPERTY DAMAGE (Per accident) EACH OCCURRENCE 5 S 5 AGGREGATE s ❑ STATUTE ❑ ER EL. EACH ACCIDENT S s 1,000,000,00 EL. DISEASE- EA EMPLOYE EL DISEASE - POLICY UMIT s 1,000,000.00 5 1,000,000.00 CANCELLATION City Of Pearland 3501 E. Orange Pearland, TX 77581 ACORD 25 (2014/01) QF 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 01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • :CITY OF FEARLAND - 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. DEFINITIONSAND INTERPRETATIONS 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: Tracy Sambrano, Water Production Superintendent - telephone: 281.652. 1799 The CONSTRUCTION SITE REPRESENTATIVES ARE: Kevin Fontenot, Water Production Supervisor - telephone: 281.652.1900 Julian Kelly; Water Production Supervisor - telephone: 281.652. 1900 ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF"THE'CONTRACTOR 4.05 Add the following paragraph to Article 4.05: A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal. I1" Attachment No. 3,To_General Conditions, Owner's Insurance Requirements of Contractor, Article 4.6 Builder's Risk — Builder's Risk Insurance is Not Required for this project. ARTICLE 5 PROSECUTION AND PROGRESS 5.08 Add Article 5.08: The Contract Tiine as defined in the bid and other' sections of the'Contract Documents includes a certain number of rain days. Based on the Alvin Weather Center Records, the average annual rain days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record. The CONTRACTOR is required to keep a record of rain days at the site. The record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal. At the end of the contract, the CONTRACTOR will be credited only for the number of accepted rain days' that exceed 40 rain days per year,.proportionate to the original Contract Time. General Notes: Sections 00100 Invitation to Bidders, 00200 Instructions to Bidders and 01505 Mobilization all make reference to provision by the CONTRACTOR of a laptop computer for use by the OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required to 2-24-12 00800 - 1 of 3 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding this computer equipment. Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is Not Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times, in both directions. No lane closures to extend beyond the defined work day. Contractor Will Not be required to provide an on -site construction office for the duration of this project. 1. EXAMINATION OF SITE OF PROJECT Prospective bidders shall make a careful examination of the site of the project, climatic conditions to be encountered, improvements to be performed; disposal sites for surplus materials, and as to method of providing ingress and egress to any private properties, and methods of handling traffic during construction of the entire project. 2. QUALIFICATION OF LOW BIDDER Before being awarded a contract, the apparent low, responsive and responsible bidder shall submit such evidence as the Engineer may require to establish his financial responsibility, experience and possession of such equipment as may be needed toprosecute the work in an expeditious, safe, environmentally sound and satisfactory manner. Before being awarded the contract, the Contractor must identify the foreman intended to be assigned to the project. Once approved by the Engineer, the foreman may not be removed from the job unless approved in writing by the Engineer. This specifically precludes the foreman supervising more than one jobsite and specifically requires that the foreman be on the jobsite 100% of the time when work is being performed. If the foreman leaves the jobsite for any reason, work must cease. 3. PROJECT MAINTENANCE The Contractor shall maintain and keep in good repair the improvements covered by these plans and specifications during the life of the contract. Existing improvements at the project location shall at all times be protected by the Contractor during the construction specified herein. All such prior existing improvements shall be left in a condition equal or better to that prior to the start of construction. 4. FENCES, DRAINAGE CHANNELS AND SURPLUS EXCAVATION 2-24412 00800 - 2 of 3 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Boundary fences or other improvements temporarily removed to permit this construction shall be replaced in the same location and left in a condition as good or better than that in which they were originally found. 5. DISPOSAL OF WASTE The Contractor is responsible for testing and disposal of all waste products associated with the project. 6. CLEANUP 1. During Construction - The Contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site, when it becomes objectionable, in the opinion of the Engineer or Owner. 2. Final - Upon completion of the work the Contractor shall remove from the site, all plant, materials, tools and equipment belonging to him, and leave the site with an appearance acceptable to the Engineer. 7. LIGHTS AND POWER The Contractor shall provide temporary lighting and facilities required for the proper execution and inspection of the work in accordance with SSPC Guide 12. Electrical power for lighting and hand tools is available on site at no cost to the Contractor. All air compressors shall be engine driven. 8. PORTABLE TOILET FACILTHES The Contractor shall provide portable toilet facilities when workers are present. END OF SECTION 2-24-12 00800 - 3 of 3 CITY OFPEARLAND 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 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. General Decision Number: TX150282 05/15/2015 TX282 Superseded General_Decision_Number:-TX20140282--.--- State: Texas Construction Type: Building County: Brazoria County in Texas. BUILDING CONSTRUCTION PROJECTS.(does not include single family - homes or apartments up to and including 4 stories). Note: Executive Order (EO) 13658 establishesan hourly minimum wage of $10.10.for.2015 that applies.to-•all contracts subject to the Davis -Bacon Act for which the solicitation is --issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay_all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections_ under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015. 1 01/30/2015 2 03/06/2015 3 05/15/2015 ASBE0022-009 03/01/2014 Rates Fringes. ASBESTOS WORKER/HEAT & FROST INSULATOR (Duct, Pipe and Mechanical System Insulation)....$ 20.75 -9.85 BOIL0074-003 01/01/2014 Rates Fringes BOILERMAKER $ 23.14 21.55'- * CARP0551-009 04/01/2015 10-2012 -00811- 1 of7 CITY OF PFARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Rates Fringes CARPENTER (Excludes Drywall Hanging, Form Work, and•Metal Stud. Installation) $ 22.50 18.33 ELEC0716-005 08/29/2011 Rates Fringes ELECTRICIAN (Excludes Low Voltage Wiring and Installation of Alarms) $ 27.65 7.70 ELEV0031-003 01/01/2015 Rates Fringes ELEVATOR MECHANIC $ 38.52 28.385 FOOTNOTES: A. 6% under 5 years based on regular hourly rate for all hours worked. 8% over 5 years based on regular hourly rate for all hours worked. New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Friday after Thanksgiving Day; Christmas Day; and Veterans Day. ENGI0450-002 04/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR Cranes $ 34.85 9.85 IRON0084-011 06/15/2014 Rates Fringes IRONWORKER, ORNAMENTAL $ 22.02 6.35 IRON0135-002 12/01/2013 Rates Fringes IRONWORKER, STRUCTURAL $ 27.30 8.55 PLAS0079-004 01/01/2010 Rates Fringes PLASTERER $ 19.42 1.00 PLUM0068-012 10/01/2013 Rates Fringes PLUMBER (Excludes HVAC Pipe 10-2012 00811 -2of7 . CP1Y OFPEARLAND • WAGE SCALE FOR ENGINEERING CONSTRUCTION Installation) $ 31.30 9.49 PLUM0211-010 10/01/2013 Rates Fringes PIPEFITTER (Including HVAC Pipe Installation) $-29.39 10.31 SHEE0054-003 07/01/2014 Rates Fringes SHEET METAL WORKER (Excludes HVAC Duct and Unit Installation) $ 25.67 12.39 SUTX2014-008 07/21/2014 Rates - Fringes ACOUSTICAL CEILING MECHANIC $ 16.41 3.98 BRICKLAYER $ 19.86 0.00 CAULKER $ 15.36 0.00 CEMENT MASON/CONCRETE FINISHER$ 13.33 0.00 DRYWALL FINISHER/TAPER $ 16.30 3.71 DRYWALL HANGER AND METAL STUD INSTALLER $ 17.45 3.96 ELECTRICIAN (Alarm Installation Only) $ 17.97 3.37 ELECTRICIAN (Low Voltage Wiring Only) $ 18.00 1.68 FLOOR LAYER: Carpet $ 20.00 0.00 FORM WORKER $ 12.57 0.00 GLAZIER $ 19.12 4.41 INSULATOR - BATT $ 14.87 0.73 IRONWORKER, REINFORCING $ 12.10 0.00 LABORER: Common or General $ 10.55 - 0.00 LABORER: Mason Tender - Brick$ 13.37 0.00 LABORER: Mason Tender - Cement/Concrete $ 10.86 0.00 LABORER: Pipelayer $ 12.94 0.00 10-2012 00811 - 3 of7 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION LABORER: Roof Tearoff $ 11.28 0.00 LABORER: Landscape and Irrigation $ 9.49 0.00 LATHER $ 19.73 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 15.56 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 0.00 OPERATOR: Bulldozer $ 20.77 0.00 OPERATOR: Drill $ 16.22 0.34 OPERATOR: Forklift $ 15.64 0.00 OPERATOR: Grader/Blade $ 13.37 0.00 OPERATOR: Loader $ 13.55 0.94 OPERATOR: Mechanic $ 17.52 3.33 OPERATOR: Aggregate, OPERATOR: Paver (Asphalt, and Concrete) $ 16.03 0.00 Roller $ 16.00 0.00 PAINTER (Brush, Roller and Spray), Excludes Drywall Finishing/Taping $ 16.77 4.51 ROOFER $ 15.40 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) $ 20.05 4.19 SHEET METAL WORKER (HVAC Unit Installation Only) $ 19.67 2.24 SPRINKLER FITTER (Fire Sprinklers) $ 22.17 9.70 TILE FINISHER $ 12.00 0.00 TILE SETTER $ 16.17 0.00 TRUCK DRIVER: 1/Single Axle Truck $ 14.95 5.23 TRUCK DRIVER: Dump Truck $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck $ 12.50 0.00 10-2012 00811 - 4 of 7 CITY OF PEARLAND - WAGE SCALE FOR ENGINEERING CONSTRUCTION TRUCK DRIVER: Water Truck $ 12.00 4.11 WATERPROOFER $ 14.39 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determinati and wage rates that have been fou cited type(s) of construction in determination. The classification order of "identifiers" that indic rate is a union rate (current uni a survey rate (weighted average r (weighted union average rate). Union Rate Identifiers n lists the classification d to be prevailing for the he area covered by the wage are listed in alphabetical te whether the particular n negotiated rate for local), te) or a union average rate A four letter classification abbr viation identifier enclosed in dotted lines beginning with ch racters other than "SU" or "UAVG" denotes that the union cla4sification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this - classification, which in this example would be Plumbers. 0198 ' indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing - the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. - Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that. classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average 10L2012 ' 00811 - 5 of 7 CITY OFP ARLAND WAGE. SCALE FOR ENGINEERING CONSTRUCTION calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 10-2012 00811 - 6 of 7 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 10-2012 00811 - 7 of 7 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 7\ 04/2008 Section 01100 SUMMARY OF WORK 1.1 GENERAL 1.2 SECTION INCLUDES A A summary of the Work to be performed under this Contract, work by Owner, Owner furnished products, Work sequence, future. Work, Contractor's use of Premises, and Owner occupancy. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A Work of the Contract is for the replacement of the interior protective coating of a 0.50 MG welded -steel ground water storage tank & a 0.135 MG bolted -steel ground water storage tank. The tanks are both located @ Southdown Water Plant. B Also refer to attached Technical Specifications, Two Ground Water Storage Tanks @ Southdown Water Plant Rehabilitation Project, Dunham Engineering, Inc., which is noted in the Table of Contents. 1.4 WORK BY OWNER A Coordination will be provided by the City of Pearland regarding draining and filling of tanks and operating all valves and controls, according to AWWA and TCEQ standards. 1.5 OWNER FURNISHED PRODUCTS A None 1.6 WORK SEQUENCE A Work sequence will be coordinated with Public Works and concurrent work is not allowed due to peak demand. 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. 1.7 FUTURE WORK A None. CITY OFPEARLAND SUMMARY OF WORK 05/2008 .01100-20f2 1.8 CONTRACTOR'S USE OF PREMISES A Complywith procedures for access to the site and Contractor's use of rights -of -way as specified in Section 01140 - Contractor's Use of Premises. B Contractor shall be responsible for all utilities required for construction. 1.9 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS-NotUsed 3.0 EXECUTION-NotUsed END OF SECTION CITY OF PFARLAND SUMMARY OF WORK 05/2008 01100 - 2 of2 CITY OF PEARLAND 1.0 GENERAL CONTRACTOR'SUSE OF PREMISES Section 01140 CONTRACTOR'S USE OF PREMISES 1.01 - SECTION INCLUDES A General use of the Project Site including properties inside and outside of the limits of construction, work affecting roads, ramps, streets and driveways and notification to adjacent occupants. B References to Technical Specifications: . - .1 - Section 01350 - Submittals _. 2 Section 01730 _ Cutting & Patching 3 - Section 01555 -Traffic Control &:Regulation 4 Section 01562 — Waste Material Disposal - 5 Section 01720 — Field Surveying 6 Section 02980 — Pavement Repair 7 Section 02770 — Curbs, Curb & Gutter, & Headers 8 Section 02255 _ Bedding, Backfill, & Embankment Materials 9 Section' 02922 _ Sodding 10 Section 02921— Hydromulch Seeding 1.02 'SUBMITTALS A Make Submittals required by this Section 'under the provisions of Section 01350 — Submittals. 1.03 LIMITS OF CONSTRUCTION A Confine access, operations, and storage areas to limits of construction as shown on the Plans provided by Owner as stipulated in' Section 00700 — General Conditions of Agreement; trespassing on abutting lands or other lands in the area is not allowed. B Contractor may make arrangements, at Contractor' s cost, for temporary use of private properties, inwhich 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 *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 tinie 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 ofproperties 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. 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 copiesdelivered 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. 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 open1000 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 1.09 RESTORATION CONTRACTOR'S USE OF PREMISES A Restore- damaged permanent facilitiesto 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. In the : event of -conflict, the unit :specified for Bid. Items in Section 00300 — Bid Proposal shall govern. Measurements and quantities submitted by the Contractor will be verified by the Engineer. Contractor shall provide necessary. equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A Quantity and measurement estimates stated In Section 00300 — Bid Proposal are for contract purposes only. Quantities and measurements supplied or placed in the Work, authorized and verified by. Engineer shall determine payment as stated in Section 00700 — General Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section 00300 — Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 — General Conditions of Agreement or in executed:Change Order. 1.04 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. 05/2007 01200 -1 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES B Measurement by Volume: 1. Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate; as a completed item or unit of the Work. 1.05 PAYMENT A Payment includes full compensation for all required supervision, labor, products, tools, equipment, plant, transportation, services, and incidentals; and erection, application or installation of an item of the Work; and Contractor's overhead and profit. The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300 — Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. C Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. D Final Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of the Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of the Engineer, if the modified Work is deemed to be less suitable than originally specified. 05/2007 01200 - 2 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES rib\ 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 01200-3of3 CITY OF PEARLAND CHANGE ORDER PROCEDURES Section 01290 CHANGE ORDER PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work;. 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, Work Change Directive, Stipulated Price Change Order, Unit Price Change Order, Time and Materials Change Order; 4. Execution of Change Orders; 5. Correlation of Contractor Submittals. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents Other References: 1. Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT 02/2008 'TIME A Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of proposed changes in the Work. Contractor: shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation. 01290 - 1 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300 — Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300 — Bid Proposal, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer. 3. Justification for any change in Contract Time. 4. Additional data upon request. D For changes in the Work performed on a time -and -material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. • - 3. Overhead and profit as noted in Section 00700 — General Conditions of Agreement, 7.03 "Extra Work". 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site, the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. For changes in the work performed on a time-and-mater• ials basis using Contractor - owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor:of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. • . 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES 02/2008 A Changes to Contract Price or Contract Time can. only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders: All such changes will be in accordance with the requirements of Section 00700 — General Conditions of Agreement, 7.01 "Change Orders". 01290-2of4 • CITY OF PEARL -AND CHANGE ORDER PROCEDURES B The Engineer will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental instructions. Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this Section. 1.06 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Engineer may issue a - Request for Proposal, which includes a detailed description of a proposed change ' with supplementary or revised Plans and Technical Specifications. The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B The document will describe , changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A A Stipulated Price Change Order will be based on an accepted Proposal for Change including the Contractor's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER 02/2008 A Where Unit Prices for the affected items of the Work are included in Section 00300 - Bid Proposal , the Unit Price Change Order will be based on unit prices as originally bid, subject to provisions of Section 00700 — General Conditions of Agreement. B Where unit prices of the Work are not pre -determined in Section 00300 — Bid Proposal, Work Change Directive or accepted Proposal for Change will specify the unit prices to be used. 01290 - 3 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES 1.10 TIME -AND -MATERIAL CHANGE ORDER A Contractor shall- provide an itemized account and supporting data after completion of change, within time limits indicated for claims in Section 00700 — General Conditions of Agreement. B Engineer will determine the change allowable in Contract Price and Contract Time as provided in Section 00700 — General Conditions of Agreement. C Contractor shall maintain detailed records of work done on time -and -material basis as specified in this Section, 1.04 "Documentation of Change in Contract Price and Contract Time". D Contractor shall provide full information required for evaluation of changes, and shall • substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values and Application for Payment forms to record each _authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts, the next monthly Application for Payment of the Work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. Contractor shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. Contractor shall promptly enter changes to the on -site and record copies of the Plans, Technical Specifications or Contract Documents as required in Section 01760 — Project Record Documents. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION NotUsed END OF SECTION 02/2008 01290 - 4 of 4 CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS 1:0: • GENERAL 1.01 SECTION INCLUDES A Section includes general coordination. including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100 — Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary: 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — GeneralConditions 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 minimise 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 •CIZY. 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 heldatProject 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 cob CITY OF PEARLAND COORDINATION AND MEETINGS E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule, Applications for Payment, payroll and compliance submittals. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Information, Requests for Proposal. 7. Review status of Change Orders. 8. Review of off -site fabrication and delivery schedules. 9. Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeeding work period. 12. Coordination of projected progress. 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01310 - 3 of 3 co-\ CITY OF PEARLAND iUBMITTALS Section-01350 SUBNIITTALS. 1.0 GENERAL This Section contains general lists of SubmittalsandTechnical 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 01.100 - 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 Schedulethat 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 ,01350-1of6 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 01/2008 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. Round off figures foreach 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. 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. 01350-2of6 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 equipmentOperation 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 providedwithin7 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 workat 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 withsignificant major equipment items or materials worth over 25 percent of -the Total: Contract Price, the Construction Schedule shall indicate dates when theseiteins are to be purchased, when they are to be delivered, and when installed.,7. • -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 BillingSchedule(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 iiiWork'require re -submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. 01350-3of6 01/2008 CITY OF PEARI.AND 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 Drawingsshall 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 01350-5of6 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/ 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 01/2008 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. 01350-6of6 CITY OF PEARLAND SUBMITTALS 1.11 DESIGN MIXES A When specified, submit design mixes for review. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of each design mix. C Mark each design mix to identify proportions, gradations, and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 01/2008 01350-7of6 cw-N 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 beresponsible 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. 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 01380-2of3 r 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 01/2008 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 01380-3of3 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 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 AI Asphalt Institute Asphalt Institute Building College Park, MD 20740 AITC 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 AmericanPlywood Association Box 11700 Tacoma, WA 98411 American Petroleum Institute 1220 L. Street, N.W. Washington, DC 20005 AREA American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood -Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 02/2008 01420 - 2 of 5 CITY OFPEARLAND 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 REFERENCED STANDARDS 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 IEEE Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O.Box1331 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., Suite300. 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; In 333 Pfingston Road Northbrook, IL 60062 UNI-BELL UNI BELL Pipe Association 2655 Villa Creek Drive, Suite 155 02/2008 01420 - 4 of 5 PIK• CITY OF PEARLAND REFERENCED STANDARDS Dallas, TX 75234 WRI Wire Reinforcement Institute 942 Main Street — Suite 300 Hartford, CT 06103 WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01420-5 of 5 CITY OF PEARLAND 1.0 GENERAL CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOOR'S. QUALITY CONTROL 1.01 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350 — Submittals 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. D Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, operator training, test, adjust, and balance of equipment as applicable, and to initiate operation, as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications. 02/2008 01430 - 1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request, submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. Submit report within one (1) day of observation to Project Manager for review. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 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 -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 09/2009 01440 -1 of 1 CITY OF PEARLAND 1.0 GENERAL TESTING LABORATORY SERVICES Section 01450 TESTING LABORATORY SERVICES 1.01 SECTION INCLUDES A Testing. Laboratory Services and Contractor responsibilities related to those services. B References to Technical Specifications: 1. Section 01350 — Submittals C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3740, "Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction" b. ASTM E 329, `Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction" 1.02 SELECTION AND PAYMENT A Owner will select, employ, and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Technical Specifications. B Employment of testing laboratory shall not relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. C Owner or designated representative shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. D Contractor shall be responsible for paying for services of commercial testing laboratory, with prior approval of Owner, to perform the following: 1. Pipe diameter deflection tests on all flexible and semi -rigid sanitary sewer collection system pipe installation 2. Laboratory services 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. 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. 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 01450-3of3 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 ofthe Work and property, access roads and parking, environmental controls, disposal oftrash, 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 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 adjacentto 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. 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. Electricity and Lighting 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 duringany scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 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 transferservice and billing to the Owner upon acceptance of the work as Substantially Complete andsuitable for. beneficial occupancy by the Owner. 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 ofthe Contractorwithout 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 UTILI1IES 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 ofthe 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, forr temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. Obtain written consent from proper parties before entering or occupying with workers, tools, materials or equipment, privately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights, warning signs, and danger signals; provide watchmen; and take other -precautionary measures for the protection of persons or property and protection of the Work. Conform to Section 01555 — Traffic Control & Regulation. C Preserving Control Points Maintain permanent benchmarks, public or privateelevation or property demarcation and control monumentation, or other reference points. Unless otherwise directed in writing, replace at no cost to the Owner, those monuments, property corners or other permanent demarcations that are damaged or destroyed in accordance with Section 01720 — Field Surveying. D Tree and Plant Protection. Protect trees, shrubs, lawns, outside of grading limits and within the grading limits as designated on the Plans, and in accordance with requirements of Section 01563 —Tree & Plant Protection. E Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available, but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead oftrenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is damaged, broken, or disturbed. , Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. 12-2- 2011 01500 - 7 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. Ifpermanent 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 ofpublic utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties, or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures, pipelines, or utilities, give a minimum of five (5) working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.14 PROTECTION OF 'THI: WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed, prior to completion ofthe 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 PFARLAND 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 temporaryparking 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 oradjoining 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, runog 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 T) emb) 12-2- 2011 01500 - 10 of 10 CITY OF PEARLAND Temporary Facilities & Controls Special Provision SPECIAL PROVISION Section 01500S TEMPORARY FACILITIES AND CONTROLS 1.01 SECTION INCLUDES B Sections Not Included For This Project: 01570 Trench Safety System 01720 Field Surveying 01563 Tree and Plant Protection 13730 Computer Equipment (0.\ CITY OFPEARLAND 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) D. Payment for 15% of the Mobilization lump sum bid item may be included in the third monthly Application for Payment. E. Payment for the remaining 10% of the Mobilization lump sum bid item may be included in the fourth monthly Application for Payment. 09/2012 01505 - 1 of 1 CITY OF PEARLAND MOBILIZATION G. Mobilization payments will be subject to Retainage as stipulated in Section 00700 General Conditions of Agreement. 2.0 PRODUCTS 2.01 PROJECT IDENTIFICATION SIGNS A. Provide specified number of project identification sign(s) per Section 01580. The name, address and contact information of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 3.0 EXECUTION 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A. Place a Project Identification Sign as described in Section 01580, part 1.03, D visible to passing traffic or as directed by Engineer. END OF SECTION 09/2012 01505 - 1 of 1 CITY OF PEARLAND Mobilization Special Provision SPECIAL PROVISION Section 01505S MOBILIZATION 1.01 SECTION INCLUDES B Sections Not Included For This Project: 01570 Trench Safety System CITY OF PFARLAND STABILIZED CONSTRUCTION EXITS Section 01550 STABILIZED CONSTRUCTION EXITS 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of erosion and sediment control for Stabilized Construction Exits used during construction and until final development of the Project site. - B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01562 — Waste Material Disposal 3. Section 01566 — Source Controls for Erosion & Sedimentation C Referenced Standards: 1. American Society of Testing and Materials (ASTM) a. ASTM D 4632, "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) 21/2" 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 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. 02/2008 I Stabilized area may be widened or lengthened to accommodate truck washing area when authorized by Engineer. 01550 - 3 of 4 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS J Alternative methods of construction maybe utilised when shown on Plans, or when approved by the Engineer. These methods include the following: 1. Cement -Stabilized Soil, Compacted cement -stabilized soil or other fill 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 01550-4of4 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. - Requirements for and qualifications of Flaggers. References to Technical Specifications: 1. Section 01350 - Submittals 2. Section 01140 — Contractor's Use of Premises 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 in any way relieve the contractor of full responsibility for taking such other steps and provide such other Flaggers or personnel as the Contractor may deem necessary to protect the work and the public, and does not in any way relieve the Contractor of his responsibility for any damage for which he would otherwise be liable. Flaggers shall be used and maintained at such points for such periods of time as may be required to provide for the public safety and convenience of travel. 2.0 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A Comply with Texas MUTCD regulations. B Traffic Cones and Drums, Flares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.01 PUBLIC ROADS A Abide by laws and regulations of governing authorities when using public roads. If the Contractor's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the Engineer. B Contractor shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the Traffic Control Plan. 03/2008 01555 - 2 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 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 maintainlocal 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 platesof sufficient thickness to support H-20loading, 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. 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 in sheet flow fashion and allow sediment to be retained and accumulated. B Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of 3 feet apart and embedded a minimum of 8 inches. If filter fabric is factory preassembled 03/2008 01560-2of3 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 01560-3of3 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.channelized-flow areas. B References to Technical Specifications: 1. Section 01200 Measurement & Payment Procedures 2. Section 01350 — Submittals 3. Section 01566 — Source Controls for Erosion & Sedimentation C Referenced Standards: 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 05/2008 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. 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 polyamide 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 galvanised 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 PEARL -AND 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 includesthe 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 stabilized. Sediment shall not be allowed to flush into a stream or drainage way. D If sediment has been contaminated, it shall be disposed of in accordance with existing federal, state, and local rules and regulations. 3.03 EXCESS MATERIAL, WASTE, AND EQUIPMENT A Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of Contractor and shall be removed from the Project Site and legally disposed of. B Dispose of removed equipment, materials, waste and debris in a manner conforming to applicable laws and regulations C Excess soil may be deposited on private property adjacent to the Project Site when written permission is obtained from property owner under the provisions of this Section, 1.03D. 07/2006 01562 - 2 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL D Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the 100-year Flood Hazard Area. E Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. F No materials shall be disposed in a manner to damage the Owner in any way. END OF SECTION 07/2006 01562 - 3 of 3 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 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 piezometric 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 -1 of 8 CONTROL OF GROUND WATER CITY OF PFARLAND 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 characteristics of water bearing layers subject to ground water control. 2. Names of equipment suppliers and installation subcontractors. 3. A description of proposed ground water control systems indicating arrangement, location, depth and -capacities of system components, installation details and criteria, and operation and maintenance procedures. 4. A description of proposed monitoring and control system indicating depths and locations of piezometers and monitoring wells, monitoring installation details and criteria, type of equipment and instrumentation with pertinent data and characteristics. 5. A description of proposed filters including types, sizes, capacities and manufacturer's application recommendations. 6. Design calculations demonstrating adequacy of proposed systems for intended applications. Define potential area of influence of ground water control operation near contaminated areas. 7. Operating requirements, including piezometric control elevations for dewatering and depressurization. 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 ftwN) CONTROL OF GROUND WATER CITY OF PFARLAND 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 depressurization. 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. 02/2008 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. 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. I Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system. J Decommission piezometers and monitoring wells installed during design phase studies and left for Contractors monitoring and use. 1.05 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 02/2008 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 01564-4of8 CTlY OF PEARLAND CONTROL OF GROUND WATER 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. 02/2008 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. 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 prevailing level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downward pressure produced by weight of structure or backfill in place. Do not allow water levels to rise into cement stabilized sand until at least 48 hour after placement. 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 dewatering and for monitoring of depressurization. Install piezometers and monitoring wells for tunneling as appropriate for Contractor's selected method of work. C Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation. D Dewatering may be omitted for portions of underdrains or other excavations, but only where auger borings and piezometers or monitoring wells show that soil is predrained by an existing system such that the criteria of the Ground Water 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. F 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 operating condition. B Replace damaged and destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule. C Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform observation as excavation proceeds. Continue to maintain and make observations, as specified. 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 01564-7of8 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 01564-8of8 CITY OF PEARLAND Control of Ground Water and Surface Water Special Provision SPECIAL PROVISION Section 01564S CONTROL OF GROUND WATER AND SURFACE WATER 1.01 SECTION INCLUDES B Sections Not Included For This Project: 01570 Trench Safety System CITY OFP AR AND 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. 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 04-2013 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. 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 CER'1'1J 1CATION REQUIREMENTS A On the. Operator's Information form attached in Appendix A, the Contractor shall complete name, address, and telephone number for the Contractor; the names of persons or firms responsible for maintenance and inspection of erosion and sediment control measures and all Subcontractors. B The Contractor and Subcontractors named in the Contractor's Information form shall read, sign, and date the Contractor's/Subcontractor's Certification form, attached in Appendix A. C The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the Contractor's Inspection and Maintenance Certification form, attached in Appendix A. D The Contractor's Information form and all certification forms shall be submitted to the Owner before beginning construction. E Contractor shall review implementation of the SWPPP in a meeting with the Owner and Engineer prior to start of construction in accordance with Section 01310 — Coordination & Meetings. 3.03 RETENTION OF RECORDS A The Contractor shall keep a copy of the SWPPP at the Project Site or at the Contractor's office from the date that it became effective to the date the Work is accepted by the Owner. B At Contract Closeout, the Contractor shall submit to the Owner all TPDES forms and certifications, as well as a copy of the SWPPP, in accordance with Section 04-2013 01565 - 2 of 4 CITY OF 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 exitarea. 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 133087, Austin, Texas 78731-3087 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. TXR15000o, issued March 5, 2008 Construction sites that discharge stormwater associated with construction activity located in the state of Texas may discharge to surface water in the state only according to monitoring requirements and other conditions set forth in this general permit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ or Commission), the laws of the State of Texas, and other orders of the Commission of the TCEQ. The issuance of this general permit does not grant to the permittee the right to use private or public property for conveyance of stormwater and certain non-stormwater discharges along the discharge route. This includes property belonging to but not limited to any individual, partnership, corporation or other entity. Neither does this general permit authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations. It is the responsibility of the permittee to acquire property rights as may be necessary to use the discharge route. This general permit and the authorization contained herein shall expire at midnight, five years from the permit effective date. EFFECTIVE DATE: March 5, 2013 ISSUED DATE: F G D 1 9 2013 For�mission TPDES GENERAL PERMIT NUMBER'17LRi50000 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 io. 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 i6 1. Automatic Authorization for Small Construction Activities With Low Potential for Erosion. 16 2. Automatic Authorization For All Other Small Construction Activities- 3. Authorization for Large Construction Activities: 17 Page 2 Construction General Permit TPDES General Permit TXRi50000 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 Malang 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 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 (El) Zones in Texas 45 Appendix C: Isoerodent Map 46 Appendix D: Erosivity Indices for El Zones in Texas 47 Construction General Permit TPDES General Permit TXR15O000 Part I. Flow Chart and Definitions Section A. Flow Chart to Determine Whether Coverage is Required How much land will be disturbed? (*l) C 1 acre (*l) NO Cor more acres (41) Permit Coverage Not Renuired, Unless Part of a Larger Common Plan of Development or Sale Do you meet the definition of "operator?" 0'2) YES NO Will 5 or more acres be disturbed? (41) YES Permit Coverage Renuired • Prepare and Implement SWP3 • Post Site Notice • Submit Copy of Site Notice to MS4 Operator NO Are you a "primary operator?" (*2) YES Permit Coverage Required • Prepare and Implement SWP3 • Submit NOI to TCI3Q • Post Site Notice • Submit Copy of NOI to MS4 Operator (*1) 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 LB., "Definitions," for an at -planation of "common plan of developntent or sale'). (*2) Refer to the definitions for "operator," "primal). operator," and "secondary operator" in Part L, Section R. of this permit. Page 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'praciices 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 V4 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 siinilar 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 TXR15o0o0 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.14o3 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.goy/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. Fatality 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 70% of the native background vegetative cover for the area has been established on all , unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. B. For individual lots in a residential construction site by either: (1) the homebuilder completing final stabilization as specified in condition (a) above; or (2) the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. If temporary stabilization is not feasible, then the homebuilder may fulfill this requirement by 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 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: (1) Temporary erosion control measures (for example, degradable rolled erosion control product) are selected, designed,, and installed along with an appropriate seed base to provide erosion -control for at least three years without active maintenance by the operator, and (2) The temporary erosion control measures are selected, designed, and installed to achieve 7o % of the native background vegetative coverage- Within three years: Hyperchlorination of Waterlines - Treatment of potable water' lines or tanks with • chlorine for disinfection purposes, typically following repair or partial replacement of the waterline or tank, and subsequently flushing the contents. Impaired Water - A surface water body that is identified on the latest approved CWA §3o3(d) List as notmeetingapplicable state water quality standards. Impaired waters include waters with approved or established total maximum daily loads (TMDLs), and those where a TMDL has been proposed by TCEQ but has not yet been approved or established. Indian Country Land (from 4o CFR §122.2) (1) all land within the limitsof 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 allotinents, 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, bangroup, or d,•community recognized by the Secretary of the Interior and exercising governmental authority oven a Federal Indian Reservation. Large. Construction Activity - Construction activities including clearing; :grading, and excavating that result in land disturbanceof 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) acresof 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, asphaltoverlays of existingroads, the routine clearing of existing right-of-ways, and similar maintenance activities.) Linear Project — Includes the construction of roads, bridges, conduits, substruct►ires, 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. 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 plansand 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 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 runofffromcultivated or uncultivated rangeland, pastureland, and farmland. For the purpose of this permit, the term "pollutant" includes sediment. Pollution - (from Texas Water Code (TWC) §26.0o1(14)) The alteration of the physical, thermal, chemical, or biological quality of, or the con amination of, any surface water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. - Rainfall Erosivity Factor (R factor) - the total annual erosive potential that is due to climatic effects, and is part of the Revised Universal Soil Loss Equation (RUSLE). Receiving Water - A "Water of the United States" as defined in 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 nosuch definition exists, steep slopes are automatically defined as those that are 15 percent or greater in grade. Stormwater (or Stormwater Runoff) - Rainfall runoff, snow melt runoff, and surface runoff and drainage. Stormwater Associated with Construction Activity - Stormwater runoff from a construction activity where soil disturbing activities (including clearing, grading, excavating) result in the disturbance of one (1) or more acres of total land area, or are part of a larger common plan of development or sale that will result in disturbance of one (1) or more acres of total land area. Structural Control (or Practice) - A pollution prevention practice that requires the construction of a device, or the use of a device, to reduce or prevent pollution in stormwater • Page 10 Construction General Permit TPDES General Permit TXRi50000 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 Statesor 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 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 H. Permit Applicability and Coverage Section A. Discharges Eligible for Authorization 1. Stormwater Associated with Construction Activity Discharges of stormwater runoff from small and large construction activities may be authorized under this general permit. 2. Discharges of Stormwater Associated with Construction Support Activities Examples of construction support activities include, but are not limited to, concrete batch plants, rock crushers, asphalt batch plants, equipment staging areas, material storage yards, material borrow areas, and excavated material disposal areas. Construction support activities authorized under this general permit are not commercial operations, and do not serve multiple unrelated construction projects. Discharges of stormwater runoff from construction support activities may be authorized under this general permit, provided that the following conditions are met: (a) the activities are located within one (1) mile from the boundary of the permitted construction site and directly support the construction activity; (b) an SWP3 is developed for the permitted construction site according to the provisions of this general permit, and includes appropriate controls and measures to reduce erosion and discharge of pollutants in stormwater runoff from the construction support activities; and (c) the construction support activities either do not operate beyond the completion date of the construction activity or, at the time that they do, are authorized under separate Texas Pollutant Discharge Elimination System (TPDES) authorization. Separate TPDES authorization may include the TPDES Multi Sector General Permit (MSGP), TXRo50000 (related to stormwater dischargesassociated 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 TXRi50000 have been removed; and if local state, or federal regulations are applicable, the materials are removed according to those regulations), and where the purpose is to remove mud, dirt, or dust; (d) uncontaminated water used to control dust; (e) potable water sources, including waterline flushings, but excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life; (f) uncontaminated air conditioning condensate; (g) uncontaminated ground water or spring water, including foundation or footing drains where flows are not contaminated with industrial materials such as solvents; and (h) lawn watering and similar irrigation drainage. 4. Other Permitted Discharges Any discharge authorized under a separate National Pollutant Discharge Elimination System (NPDES), TPDES, or TCEQ permit maybe 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 ILA. 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. n Page 13 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 permitwhere prohibited by 3o TAC Chapter 213 (relating to Edwards Aquifer) In addition, commencement of construction (i.e., the initial disturbance of soils associated with clearing; grading, or excavating activities, as well as other construction -related activities such as stockpiling of fill material and demolition) at a site regulated under 3o TAC Chapter 213, may not begin until the appropriate Edwards Aquifer Protection Nan (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. ii. 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 §70.7. Section D. Deadlines for Obtaining Authorization to Discharge 1. Large Construction Activities (a) New Construction - Discharges from sites where the commencement of construction occurs on or after the effective date of this general permit must be authorized, either under this general permit or a separate TPDES permit, prior to the commencement of those construction activities. (b) Ongoing Construction - Operators of large construction activities continuing to operate after the effective date of this permit, and authorized under TPDES general permit TXR150000 (effective on March 5, 2008), must submit an NOI to renew authorization or a NOT to terminate coverage under this general permit within 90 days of the effective date of this general permit. During this interim period, as a requirement of this TPDES permit, the operator must continue to meet the conditions and requirements of the previous TPDES permit. 2. Small Construction Activities (a) New Construction - Discharges from sites where the commencement of construction occurs on or after the effective date of this general permit must be authorized, either Page 15 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 ILE. of this general permit, must meet the requirements to be authorized, .either under this general permit or a separate TPDES 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. 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 duringperiods 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 ILG. 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 i6 Construction General Permit TPDES General Permit TXR150000 2. Automatic Authorization For All Other Small Construction Activities: Operators of small construction activities not described in Part II.E.1. above maybe automatically authorized under this general permit, and operators of these sites shall not be required to submit an NOI, provided that they meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit, that covers either the entire site or all portions of the site for which the applicant is the operator, and implement that plan prior to commencing construction activities; (b) sign and certify a completed TCEQ small construction site notice, post the notice at the construction site in a location where it is safely and readily available for viewing by the general public, local, state, and federal authorities, prior to commencing construction, and maintain the notice in that location until completion of the construction activity (for linear construction activities, e.g. pipeline or highway, the site notice must be placed in a publicly accessible location near where construction is actively underway; notice for these linear sites may be relocated, as necessary, along the length of the project, and the notice must be safely and readily available for viewing by the general public; local, state, and federal authorities); and (c) provide a copy of the signed and certified construction site notice to the operator of any municipal separate storm sewer system receiving the discharge prior to commencement of construction activities. Operators of small construction activities as defined in Part I.B of this general permit shall not submit an NOI for coverage unless otherwise required by the executive director. As described in Part I (Definitions) of this general permit, large construction activities include those that will disturb less than five (5) acres of land, but that are part of a larger common plan of development or sale that will ultimately disturb five (5) or more acres of land, and must meet the requirements of Part II.E.3. below. 3. Authorization for Large Construction Activities: Operators of large construction activities that qualify for coverage under this general permit must meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit that covers either the entire site or all portions of the site for which the applicant is the operator, and implement that plan prior to commencing construction activities; (b) primary operators must submit an NOI, using a form provided by the executive director, at least seven (7) days prior to commencing construction activities, or if utilizing electronic submittal, prior to commencing construction activities. If an additional primary operator is added after the initial NOI is submitted, the new primary operator must submit an NOI at least seven (7) days before assuming operational control, or if utilizing electronic NOI submittal, prior to assuming operational control. If the primary operator changes after the initial NOI is submitted, the new primary operator must submit a paper NOI or an electronic NOI at least ten (1o) days before assuming operational control; (c) all operators of large construction activities must post a site notice in accordance with Part III.D.2. of this permit. The site notice must be located where it is safely and readily available for viewing by the general public, local, state, and federal authorities prior to commencing construction, and must be maintained in that location until completion of the construction activity (for linear construction activities, e.g. pipeline or highway, the site notice must be placed in a publicly accessible location near where construction is actively underway; notice for these linear sites may be relocated, as necessary, along the length of the project, and the notice must be safely and readily available for viewing by the general public; local, state, and federal authorities); Page 17 (d) prior to commencing construction activities, all primary operators must (1) provide a copy of the signed NOI to the operator of any MS4 receiving the discharge and to any secondary construction operator, and (2) list in the SWP3 the names and addresses of all MS4 operators receiving a copy; (e) all persons meeting the definition of "secondary operator" in Part I of this permit are hereby notified that they are regulated under this general permit, but are not required to submit an NOI, provided that a primary operator at the site has submitted an NOI, or is required to submit an NOI, and the secondary operator has provided notification to the operator(s) of the need to obtain coverage (with records of notification available upon request). Any secondary operator notified under this provision may alternatively submit an NOI under this general permit, may seek coverage under an alternative TPDES individual permit, or may seek coverage under an alternative TPDES general permit if available; and (f) all secondary operators mustprovide a copy of the signed and certified Secondary Operator construction site notice to the operator of any MS4 receiving the discharge prior to commencement of construction activities. 4. Waivers for Small Construction Activities: Part II.G. describes how operators of certain small construction activities may obtain a waiver from coverage. 5. Effective Date of Coverage (a) Operators of small constructionactivities as described in either Part II.E.1 or II.E.2. above are authorized immediately following compliance with, the applicable conditions of Part II.E.1. or 11.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 30 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 30 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. Constructionmay 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-clay 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 1.4 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 maybe included on an NOC includes, but is not limited to, the following: the description of the construction project, an increase in the number of acres disturbed (for increases of one or more acres), or the operator name. A transfer of operational control from one operator to another, including a transfer of the ownership of a company, may not be included in an NOC. A transfer of ownership of a company includes changes to the structure of a company, such as changing from a partnership to a corporation or changing corporation types, so that the filing number (or charter number) that is on record with the Texas Secretary of State must be changed. An NOC is not required for notifying TCEQ of a decrease in the number of acres disturbed. This information must be included in the SWP3 and retained on site. 7. Signatory Requirement for NOI Forms, Notice of Termination (NOT) Forms, NOC Letters, and Construction Site Notices NOI forms, NOT forms, NOC letters, and Construction Site Notices that require a signature must be signed according to 3o TAC § 305.44 (relating to Signatories for Applications). 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 limited to its obligations under the SWP3 provided all obligations are confirmed by at least one operator; (g) name of the receiving water(s); (h) the classified segment number for each classified segment that receives discharges from the regulated construction activity (if the discharge is not directly to a classified segment, then the classified segment number of the first classified segment that those discharges reach); and (i) the name of all surface waters receiving discharges from the regulated construction activity that are on the latest EPA -approved CWA § 3o3(d) List of impaired waters. Page 19 Section F. Terminating Coverage 1. Notice of Termination (NOT) Required Each operator that has submitted an NOI for authorization under this general permit must apply to terminate. that authorization following the conditions described in this section of the general permit. Authorization must be terminated by submitting an NOT on a form supplied by the executive director. Authorization to discharge under this general permit terminates at midnight on the day the NOT is postmarked for delivery to the TCEQ. If electronic submission of the NOT is provided, authorization to discharge under this permit terminates immediately following confirmation of receipt of the NOT by the TCEQ. Compliance with the conditions and requirements of this permit is required until an NOT is submitted. The NOT must be submitted to TCEQ, and a copy of the NOT provided to the operator of any MS4 receiving the discharge (with a list in the SWP3 of the names and addresses of all MS4 operators receiving a copy), within 3o days after any of thefollowing 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 alternativeTPDES generalpermit. 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 beentransferred 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 sitenotice 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 (10) 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 receivingthe 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. Page 21 (or. co- 1. Waiver Applicability and Coverage Operators of small construction activities may apply for and receive a waiver from the requirements to obtain authorization under this general permit, where 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 submittedand 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 (El) 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 El for the site. (d) Refer to the Isoerodent Map (Appendix C of this permit) and interpolate the annual isoerodent value for the proposed construction location. (e) Multiply the percent value obtained in Step (c) above by the annual isoerodent value obtained in Step (d). This is the R factor for the proposed project. If the value is less than 5, then a waiver may be obtained. If the value is'five (5) or more, then a waiver may not be obtained, and the operator must obtain coverage under Part Il.E.2. of this permit. Alternatively, the operator may calculate a site -specific R factor utilizing the following online calculator: http://ei.tamu.edu/index.html, or using another available resource. The waiver certification form is not required to be posted at the small construction site. 3. Effective Date of Waiver Operators of small construction activities are provisionally waived from the otherwise applicable requirements of this general permit seven (7) days from the date that a completed waiver certification form is postmarked for delivery to TCEQ, or immediately upon receiving confirmation of approval of an electronic submittal, if electronic form submittals are available. 4. Activities Extending Beyond the Waiver Period If a construction activity extends beyond the approved waiver period due to circumstances beyond the control of the operator, the operator must either: Page 22 Construction General Permit TPDES General Permit 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 i. Individual Permit Alternative Any. discharge eligible for coverage under this general permit may alternatively be authorized under an individual TPDES permit according to 3o TAC §305 (relating to Consolidated Permits): Applications for individual permit coverage should be submitted at least three hundred and thirty (330) days prior to commencement of construction activities to ensure timely authorization. 2. Individual Permit Required The executive director may suspend an authorization or deny an NOI in accordance with the procedures set forth in 3o TAC §205 (relating to General Permits for Waste Discharges), including the requirement that the executive director provide written notice to the permittee. The executive director may require an operator of a construction site, otherwise eligible for authorization under this general permit, to apply for an individual TPDES permit in the following circumstances: (a) the conditions of an approved TMDL or TMDL I -Plan on the receiving water; (b) the activity being determined to cause a violation of water quality standards or being found to cause, or contribute to, the loss of a designated use of surface water in the state: and (c) any other consideration defined in 3o TAC Chapter 205 (relating to General Permits for Waste Discharges) including -3oTAC Chapter 205.4(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 30 TAC §60.3 (Use of Compliance History). Denial of authorization to discharge under this general permit or suspension of a permittee's authorization under this general permit shall be done according to commission rules in 3o TAC Chapter 205 (relating to General Permits for Waste Discharges). 3. Alternative Discharge Authorization Any discharge eligible for authorization under this general permit may alternatively be authorized under a separate general permit according to 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 (1) of this permit. Following public notice and comment, as provided by 3o TAC §205.3 (relating to Page 23 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 go days following the effective date of the renewed or amended permit, unless that t permit provides for an alternative method for obtaining authorization. 3. .If the commission does not propose to reissue this general permit.within go 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 effectuntil 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 M. 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. 1. The SWP3 must clearly list the name and, for large construction activities, the general permit authorization numbers, for each operator that participates in the shared SWP3. Until the TCEQ responds to receipt of the NOI with a general permit authorization number, the SWP3 must specify the date that the NOI was submitted to TCEQ by each operator. Each operator participating in the shared plan must also sign the SWP3. Page 24 Construction General Permit TPDES General Permit TXRi50000 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 forportionsof 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 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 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 TXR150000 1. A site or project description, which includes the following information: (a) a description of the nature of the construction activity; (b) a list of potential pollutants and their sources; (c) a description of the intended schedule or sequence of activities that will disturb soils for major portions of the site, including estimated start dates and duration of activities; (d) the total number of acres of the entire property and the total number of acres where construction activities will occur, including off -site material storage areas, overburden and stockpiles of dirt, and borrow areas that are authorized under the permittee's NOI; (e), data describing the soil or the quality of any discharge from the site; (f) a map showing the general location of the site (e.g. a portion of a city or county map); (g) a detailed site map (or maps) indicating the following: (i) drainage patterns and approximate slopes anticipated after major grading activities; (ii) areas where soil disturbance will occur; (iii) locations of all controls and buffers, either planned or in place; (iv) locations where temporary or permanent stabilization practices are expected to be used; (v) locations of construction support activities, including off -site activities, that are authorized under the permittee's NOI, including material, waste, borrow, fill, or equipment or chemical storage areas; (vi) surface waters (including wetlands) either at, adjacent, or in close proximity to the site, and also indicating those that are impaired waters; (vii) locations where stormwater discharges from the site directly to a surface water body or a municipal separate storm sewer system; (viii) vehicle wash areas; and (ix) designated points on the site where vehicles will exit onto paved roads (for instance, this applies to construction transition from unstable dirt areas to exterior paved roads). Where the amount of information required to be included on the map would result in a single map being difficult to read and interpret, the operator shall develop a series of maps that collectively include the required information. (h) the location and description of support activities authorized under the permittee's NOI, including asphalt plants, concrete plants, and other activities providing support to the construction site that is authorized under this general permit; (i) the name of receiving waters at or near the -site that maybe 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 (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 ordesigner'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.i and G.2 of this general permit, including a schedule of when the practices will be implemented. Site plans should ensure that existing vegetation is preserved where it is possible. (i) Erosion control and stabilization practices may include but are not limited to: establishment of temporary or permanent vegetation, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of existing trees and vegetation, slope texturing, temporary velocity dissipation devices, flow diversion mechanisms, and other similar measures. (ii) The following records must be maintained and either attached to or referenced in the SWP3, and made readily available upon request to the parties listed in Part III.D.i of this general permit: (A) the dates when major grading activities occur; (B) the dates when construction activities temporarily or permanently cease on a portion of the site; and (C) the dates when stabilization measures are initiated. (iii) Erosion control and stabilization measures must be initiated immediately in portions of the site where construction activities have temporarily ceased and will not resume for a period exceeding 1.4 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 TXR150000 by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable. (B) In arid areas, semi -arid areas, or drought -stricken areas where the immediate initiation of stabilization measures after construction activity has temporarily or permanently ceased or is precluded by arid conditions, erosion control and stabilization measures must be initiated as soon as practicable. Where vegetative controls are not feasible due to arid conditions, the operator shall immediately install, and within 14 calendar days of a temporary or permanent cessation of work in any portion of the site complete, non -vegetative erosion controls. If non vegetative controls are not feasible, the operator shall install temporary sediment controls as required in Paragraph (C) below. (C) In areas where temporary stabilization measures are infeasible, the operator -may alternatively utilize temporary perimeter controls. The operator must document in the SWP3 the reason why stabilization measures are not feasible, and must demonstrate that the perimeter controls will retain sediment on site to the extent practicable. The operator must continue to inspect the BMPs at the frequency established in Section III.F.7.(a) for unstabilized sites. (D) If the initiation or completion of vegetative stabilization is affected by circumstances beyond the control of the permittee, vegetative stabilization must be initiated or completed as soon as conditions or circumstances allow it on the site. The requirement to initiate stabilization is triggered as soon as it is known with reasonable certainty that work will be stopped for 14 or more additional calendar days. (iv) Final stabilization must be achieved prior to termination of permit coverage. (v) TCEQ does not expect that temporary or permanent stabilization measures to be applied to areas that are intended to be left un-vegetated or un- stabilized following construction (e.g., dirt access roads, utility pole pads, areas being used for storage of vehicles, equipment, or materials). (c) Sediment Control Practices The SWP3 must include a description of any sediment control practices used to remove eroded soils from stormwater runoff, including the general timing or sequence for implementation of controls. (i) Sites With Drainage Areas of Ten or More Acres (A) Sedimentation Basin(s) (1) A sedimentation basin is required, where feasible, for a common drainage location that serves an area with ten (io) or more acres disturbed at one time. A sedimentation basin maybe temporary or permanent, and must provide sufficient storage to contain a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained. When calculating the volume of runoff from a 2-year, 24-hour storm event, it is not required to include the flows from offsite areas and flow from onsite areas that are either undisturbed or have already undergone permanent stabilization, if these flows are diverted around both the disturbed areas of the site and the sediment basin. Capacity calculations shall be included in the SWP3. Page 29 (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 maybe utilized. Where rainfall data is not available or a calculation cannot be performed, a temporary or permanent sediment basin providing 360o 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 3o 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 (i.e., runoff conveyance) to provide a non - erosive flow velocity from the structure to a water course, so that the natural physical and biological characteristics and functions are maintained and protected. (e) Permittees shall design and utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water from the site. (f) Permittees shall ensure that all other required controls and BMPs comply with all of the requirements of Part III.G of this general permit. 5. Documentation of Compliance with Approved State and Local Plans (a) Permittees must ensure that the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits, or stormwater management site plans or site permits approved by federal, state, or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes 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 31 (g\ •iftN controls such as silt fences, berms, etc., the trapped sediment must be removed before it reaches 5o% of the above -ground height. (d) If sediment escapes the site, accumulations must be removed at a frequency that minimizes off -site impacts, and prior to the next rain event, if feasible. If the permittee does not own or operate the off -site conveyance, then the permittee shall work with the owner or operator of the property to remove the sediment. 7. Inspections of Controls - (a) Personnel provided by the permittee must inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, discharge locations, and structural controls for evidence of,' or the potential for, pollutants entering the drainage system. Personnel conducting these inspections must be knowledgeable of this general permit, familiar with the construction site, and knowledgeable of the SWP3 for the site. Sediment and erosion control measures identified in the SWP3 must be inspected to ensure that they are operating correctly. Locations where vehicles enter or exit the site must be inspected for evidence of off -site sediment tracking. Inspections must be -conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. Where sites have been finally or temporarily stabilized or where runoff is unllkely 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 0.5 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 0.5 inches or greater, the SWP3 maybe developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed, then the inspection must occur regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule -may be changed a maximum of one time each month, the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3 (e.g., end of "dry" season and beginning of "wet" season). (b) Utility line installation, pipeline construction, and other examples of long, narrow, linear construction activities may provide inspection personnel with limited access to the areas described in Part III.F.7.(a) above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be inspected at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway, undisturbed right-of-way, or other similar feature intersects the construction site and allows access to the areas described in Part III.F.7.(a) Page 32 Construction General Permit TPDES General Permit TXRiS0000 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 0.25 mile inspected portion, or to the end of the project, whichever occurs first. As an alternative to the above -described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of o.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed, the inspection must occur regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule maybe changed a maximum of one time each month, the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3 (e.g., end of "dry" season and beginning of "wet" season). (c) In the event of flooding or other uncontrollable situations which prohibit access to the inspection sites, inspections must be conducted as soon as access is practicable. (d) The SWP3 must be modified based on the results of inspections, as necessary, to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven (7) calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary, an implementation schedule must be described in the SWP3 and wherever possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable, these changes must be implemented as soon as 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 §3o5.3.28 (relating to Signatories to Reports). The names and qualifications of personnel making the inspections for the permittee may be documented once in the SWP3 rather than being included in each report. 8. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-stormwater components of the discharge, as listed in Part II.A.3. of this permit. 9. The SWP3 must include the information required in Part III.B. of this general permit. 10. The SWP3 must include pollution prevention procedures that comply with Part III.G.4 of this general permit. Page 33 Section G. Erosion and Sediment Control Requirements Applicable to All Sites Except as provided in 4o CFR §§125.3o-125.32, any discharge regulated under this general permit, with the exception of sites that obtained waivers based on low rainfall erosivity; must achieve, at a minimum, the following effluent limitations representing the degree of effluent reduction attainable by application of the best practicable control technology currently available (BPT). 1. Erosion and sediment controls. Design; install, and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. At a minimum, such controls must be designed; installed, and maintained to: (a) Control stormwater volume and velocity within the site to minimize'soil erosion; (b) If any stormwater flow will be channelized at the site, stormwater controls must be designed to control both peak flowrates and total stormwater volume to minimize erosion at outlets and to minimize downstream channel and streambank erosion; (c) Minimize the amount of soil exposed during construction activity; (d) Minimize the disturbance of steep slopes; (e) Minimize sediment discharges from -the site. The design, installation, and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site; (f) If earth disturbance activities are located in close proximity to a surface water, provide and maintain appropriate natural buffers if feasible and as necessary, around surface waters, depending on site -specific topography, sensitivity, and proximity to water bodies. Direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration. If providing buffers is infeasible, the permittee shall document the reason that naturalbuffers 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; orother 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 TXR15oo00 stabilization must be completed no more than 14 calendar clays 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 onthe site to precipitation and to stormwater; and (c) . Minimi7ethe 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 of this section of this general permit, and must conduct evaluations on the effectiveness of the SWP3 based on the following benchmarkmonitoringvalues: Table 1. Benchmark Parameters Benchmark Parameter Benchmark Value Sampling Frequency Sample Type Oil and Grease 1.5 mg i/quarter (*i) (*2) Grab (*3) Total Suspended Solids ioo mg/L i/quarter (*i) (*2) Grab (*3) pH 6.0 - 9.o Standard Units i/quarter (*i) (*2) Grab (*3) Total Iron 1.3 mg/L i/quarter (*1) (*2) : Grab (*3) (*i) When discharge occurs. Sampling is requiredwithin the first 3o minutes of discharge. If it is not practicable to take the sample, or to complete the sampling, within the first 3o minutes, sampling must:be completed within the first hour of discharge. If sampling is not_ completed within the first 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:i 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 anyBMPs 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 resultsthat 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 TXR150000 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 (5) the locations of the following: any bag house or other dust control device(s); recycle/sedimentation pond, clarifier or other device used for the treatment of facility wastewater (including the areas that drain to the treatment device); areas with significant materials; and areas where major spills or leaks have occurred. (b) Inventory of Exposed Materials — A list of materials handled at the concrete batch plant that maybe exposed to stormwater and that have a potential to Page 37 affect the quality of stormwater discharges associated with concrete batch plants that are authorized under this general permit. (c) Spills and Leaks - A list of significant spills and leaks of toxic or hazardous pollutants that occurred in areas exposed to stormwater and that drain to stormwater outfalls associated with concrete batch plants authorized under this general permit must be developed, maintained, and updated as needed. (d) Sampling Data - A summary of existing stormwater discharge sampling data must be maintained, if available. 2. Measures and Controls The SWP3 must include a description of management controls to regulate pollutants identified in the SWP3's "Description of Potential Pollutant Sources" from Part W.B.i.(a) of this permit, and a schedule for implementation of the measures and controls. This must include, at a minimum: (a) Good Housekeeping - Good housekeeping measures must be developed and implemented in the area(s) associated with concrete batch plants. (1) Operators must prevent or minimize the discharge of spilled cement, aggregate (including sandorgravel), 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, hoppersorbuildings, in covered areas, or under covering. (b) Spill Prevention and Response Procedures - Areas where potential spills that can contribute pollutants to stormwater runoff, and the drainage areas from these locations, must be identified in the SWP3. Where appropriate, the SWP3 must specify material handling procedures, storage requirements, and use of equipment. Procedures for cleaning up spills ;must .be identified in the SWP3 and made available to the appropriate personnel. (c) Inspections - Qualified facility personnel (i.e., a person or persons with knowledge of this general permit, the concrete batch plant, and the SWP3 related to the concrete batch plant(s) for the site) must be identified to inspect designated equipment and areas of the facility specified in the SWP3. The inspection frequency must be specified in the SWP3 based upon a consideration of the level of concrete production at the facility, but must be a minimum of once per month while the facility is in operation. The inspection must take place while the facility is in operation and must, at a minimum, include all areas that are exposed to stormwater at the site, including material handling areas, above ground storage tanks, hoppers or silos, dust collection/containment systems, truck wash down and equipment cleaning areas. Follow-up procedures must be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections must be maintained and be made readily available for inspection upon request. (d) Employee Training - An employee training program must be developed to educate personnel responsible for implementing any component of the SWP3, or personnel otherwise responsible for stormwater pollution prevention, with the provisions of the SWP3. The frequency of training must be documented in Page 38 Construction General Permit TPDES General Permit TXRi50000 the SWP3, and at a minimum, must consist of one training prior to the initiation of operation of the concrete batch plant. (e) Record Keeping and Internal Reporting Procedures - A description of spills and similar incidents, plus additional information that is obtained regarding the quality and quantity of stormwater discharges, must be included in the SWP3. Inspection and maintenance activities must be documented and records of those inspection and maintenance activities must be incorporated in the SWP3. (f) Management of Runoff - The SWP3 shall contain a narrative consideration for reducing the volume of runoff from concrete batch plants by diverting runoff or otherwise managing runoff, including use of infiltration, detention ponds, retention ponds, or reusing of runoff. 3. Comprehensive Compliance Evaluation — At least once per year, one or more qualified personnel (i.e., a person or persons with knowledge of this general permit, the concrete batch plant, and the SWP3 related to the concrete batch plant(s) for the site) shall conduct a compliance evaluation of the plant. The evaluation must include the following. (a) Visual examination of all areas draining stormwater associated with regulated concrete batch plants for evidence of, or the potential for, pollutants entering the drainage system. These include but are not limited to: cleaning areas, material handling areas, above ground storage tanks, hoppers or silos, dust collection/containment systems, and truck wash down and equipment cleaning areas. Measures implemented to reduce pollutants in runoff (including structural controls and implementation of management practices) must be evaluated to determine if they are effective and if they are implemented in accordance with the terms of this permit and with the permittee's SWP3. The operator shall conduct a visual inspection of equipment needed to implement the SWP3, such as spill response equipment. (b) Based on the results of the evaluation, the following must be revised as appropriate within two weeks of the evaluation: the description of potential pollutant sources identified in the SWP3 (as required in Part "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 §3o5.128, 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. Page 39 Part V. Concrete Truck Wash Out Requirements This general permit authorizes the wash out of concrete trucks at construction sites regulated under Sections II.E.i., 2., and 3. of this general permit, provided the following requirements are met. Authorization is limited to the land disposal of wash out water from concrete trucks. Any other direct discharge of concrete production waste water must be authorized under a separate TCEQ general permit or individual permit. 1. Direct discharge of concrete truck wash out water to surface water in the state, including discharge to storm sewers, is prohibited by this general permit. 2. Concrete truck wash out water shall be discharged to areas at the .construction site where structural controls have been established to prevent direct discharge to surface waters, or to areas that have a minimal slope that allow infiltration and filtering of wash out water to prevent direct discharge to surface waters. Structural controls may consist of temporary berms, temporary shallow pits, temporary storage tanks with slow rate release, or other reasonable measures to prevent runoff from the construction site. 3. Wash out of concrete trucks during rainfall events shall be minimized. The direct discharge of concrete truck wash out water is prohibited at all times, and the operator shall insure that its BMPs are sufficient to prevent the discharge, of concrete truck washout as the result of rainfall or stormwater runoff. 4. The discharge of wash out water must not cause or contribute to groundwater contamination. 5. If a SWP3 is required to be implemented, the SWP3 shall include concrete wash out areas on the associated site map. Part VI. Retention of Records The permittee must retain the following records for a minimum period of three (3) years from the date that a NOT is submitted as required by Part II.E.3. For activities in which an NOT is not required, records shall be retained for a minimum period of three (3) years from the date that the operator terminates coverage under Section II.F.3. of this permit. Records include: 1. A copy of the SWP3; 2. All reports and actions required by this permit, including a copy of the construction site notice; 3. All data used to complete the NOI, if an NOI is required for coverage under this general permit; and 4. All records of submittal of forms submitted to the operator of any MS4 receiving the discharge and to the secondary operator of a large construction site, if applicable. Part VII. Standard Permit Conditions 1. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the permit and statutes under which it was issued, and is grounds for enforcement action, for terminating, revoking, or denying coverage underthis 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 TXRi50000 terminating authorization under this permit. Additionally, the permittee must provide to the executive director, upon request, copies of all records that the permittee is required to maintain as a condition of this general permit. 3. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the permit conditions. 4. Inspection and entry shall be allowed under TWC Chapters 26-28, Texas Health and Safety Code §§361.032-361.033 and 361.037, and 40 CFR §122.41(i). The statement in TWC §26.014 that commission entry of a facility shall occur according to an establishment's rules and regulations concerning safety, internal security, and fire protection is not grounds for denial or restriction of entry to any part of the facility or site, but merely describes the commission's duty to observe appropriate rules and regulations during an inspection. 5. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under TWC Chapter 7 for violations including but not limited to the following: (a) negligently or knowingly violating the federal CWA §§301, 302, 306, 307, 308, 318, or 405, or any condition or limitation implementing any sections in a permit issued under CWA §402, or any requirement imposed in a pretreatment program approved under CWA §§4o2(a)(3) or 402(b)(8); (b) knowingly making any false statement, representation, or certification in any record or other document submitted or required to be maintained under a permit, including monitoring reports or reports of compliance or noncompliance; and (c) knowingly violating §303 of the federal CWA, and placing another person in imminent danger of death or serious bodily injury. 6. All reports and other information requested by the executive director must be signed by the person and in the manner required by 3o TAC §305.128 (relating to Signatories to Reports). 7. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. 8. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 9. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 10. The permittee shall comply with the reporting requirements in 4o CFR §122.41(1), as applicable. Part VIII. Fees 1. A fee of must be submitted along with the NOI: (a) $325 if submitting a paper NOI, or (b) $225 if submitting an NOI electronically. Page 41 c•ft co-N 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. Page 42 Construction General Permit TPDES General Permit TXR150o00 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.1- Apr. 30, or Nov. - May 14 Baylor: Dec.15 - Feb. 14 Borden: Nov. - Apr. 30 Brewster: Nov. - Apr. 30 Briscoe: Nov. 15 - Apr. 30 Brown: Dec. 15 - Feb.14 Callahan: Dec.15 - Feb. 14 Carson: Nov.15 - Apr. 30 Castro: Nov. - Apr. 30 Childress: Dec. 15 - Feb.14 Cochran: Nov.1- Apr. 30, or Nov. 15 - May 14 Coke: Dec.15 - Feb. 14 Coleman: Dec. - Feb. 14 Collingsworth: Jan.1- Mar. 30, or Dec. 1- Feb. 28 Concho: Dec. - Feb. 14 Cottle: Dec. 15 - Feb. 14 Crane: Nov. 15 - Apr. 30 Crockett: Nov. - Jan.14, or Feb. 1- Mar. 30 Crosby: Nov.15 - Apr. 30 Culberson: Nov.1- May 14 Dallam: Nov.1- Apr. 14, or Nov. - Apr. 30 Dawson: Nov. 15 -Apr. 30 Deaf Smith: Nov. - Apr. 30 Dickens: Nov. - Jan. 14, or Feb.1- Mar. 30 Dunmit: Dec.15 - Feb. 14 Donley: Jan.1- Mar. 30, or Dec.1- Feb. 28 Eastland: Dec.15 - Feb.14 Ector: Nov. - 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.1- Apr. 30, or Aug. 15 - May 14, or Sept.1- May 30, or Oct.1- Jun.14, or Nov.1- Jun. 30, or Nov. 15 - Jul. 14 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.1- Mar. 30 Hansford: Nov.15 - Apr. 30 Hardeman: Dec.15 - Feb. 14 Hartley: Nov.15 - Apr. 30 Haskell: Dec.15 - Feb. 14 Hockley: Nov. 1 - Apr. 14, or Nov. 15 - Apr. 30 Howard: Nov. - Apr. 30 Hudspeth: Nov.1- May 14 Hutchinson: Nov. - Apr. 30 Irion: Dec. 15 - Feb. 14 Jeff Davis: Nov.1- Apr. 30 or Nov.15 - May14 Jones: Dec. - Feb.14 Kent: Nov. 15 - Jan. 14 or Feb.1- Mar. 30 Kerr: Dec. 15 - Feb.14 Kimble: Dec. 15 - Feb. 14 King: Dec. 15 - Feb. 14 Kinney: Dec. 15 - Feb. 14 Knox: Dec. 15 - Feb.14 Lamb: Nov.1- Apr.14, or Nov. - Apr. 30 Page 43 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. - Feb. 14 Menard: Dec. - Feb. 14 Midland: Nov. - Apr. 30 Mitchell: Nov. -Apr. 30 Moore: Nov. - Apr. 30 Motley: Nov. - Jan. 14, or Feb. 1- Mar. 30 Nolan: Dec. - Feb.14 Oldham: Nov. - Apr.-3o Parmer: Nov.1- Apr. 14, or Nov.15 - Apr. 30 Pecos: Nov.15 - Apr. 30 Potter: Nov. - Apr. 30 Presidio: Nov.1- Apr. 30, or Nov. 15 - May 14 Randall: Nov.15 - Apr. 30 Reagan: Nov. - Apr. 30 Real: Dec.15 - Feb. 14 Reeves: Nov.1- Apr. 30, or Nov. - May 14 Runnels: Dec. - Feb. 14 Schleicher: Dec. - Feb. 14 Scurry: Nov. - Apr. 30 Shackelford: Dec.15 - Feb.14 Sherman: Nov.15 - Apr. 30 Stephens: Dec. i.5 - 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.15 - Apr. 30 Throckmorton: Dec.15 - Feb. 14 Tom Green: Dec. - Feb. 14 Upton: Nov. - Apr. 30 Uvalde: Dec.15 - Feb. 14 Val Verde: Nov. - Jan. 14, or Feb. 1- Mar. 30 Ward: Nov. 1- Apr. 14, or Nov.15 - Apr. 30 Wichita: Dec.15 - Feb.14 Wilbarger: Dec.15 - Feb.14 Winkler: Nov.1- Apr. 30, or Nov. 15- May 14 Yoakum: Nov. 1- Apr. 30, or Nov. 15 - May 14 Young: Dec.15 - Feb. 14 Wheeler: Jan.1- Mar. 30, or Dec.1- Feb. 28 Zavala: Dec.15 - Feb.14 Page 44 Construction General Permit b • . 4. 72 TPDES General Permit TXRI50000 Appendix B: Erosivity Index (El) Zones in Texas ' sia � 4,.441 4 t to P M. el • aeb 4 r M •y fs 4. fa �aa a ac•aal; .# a• ? .k 4 . st t r''yygq��+•a �r 'a art r .. 1 6 W rip Va ' WO _. 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Wifii i faits iflariarfilli"raFalre lor.146""1 a - ilLi 4:`111.111srik-TIT OilittolleitiraiMziwieViii itVil fill IF 11111 OttlindritiiiiirigirafiliKirillit tilE ,� r i itainatiurnitimiumelbpilierlAstrill mina aims nomsrawi iv wa yeti ustsW ,, :� '�iliv�► . lit VOSZKVIMMOISilitii f illifirillikah00 it41/1:1�1 �� 00.E* t Miiiii 4 611 41110.#640" 4140,006-°'11111.- Adapted from Chapter 2 of USDA Agriculture Handbook log: "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 46 Elf 0 CI. H CO 0 0 0 0 0 0 0 0 0 0 N 0 as 0 0 as Q• O` as as ON 1/40 H O 0 COU 0 0 0 a Os as on O. as H CT N. M 01 CO V' CO O u) O N. ..... O. CA CA CA � 01 01/4 CO CO 0 COC sN. xi as 0' 0' as 00 00 • 0o o°0 coo N. o, CO CO CO 00 CO CO CO CA 00 co ...... N .% so so n Lo . VD 0 csi N � 0 '0 � uo '0 VD N. k0 VD ra in N. U, CO cr 0 N VD so a' �C' M . M V Tr 1- Vim' so Lo as Tr - O in co CCf1 N. on N N OV co M et � V to N N "2 N N N M M M co d' cc N 1 .0 N M N M V' N N N 00 , , N N 01 M n 00 .1 .-i 'p 0 ti N VD M v '0 -4 v CO ON ° ` M CIV' ' H c+M VD N. CT N. V N N M 0 0 N V' L VD 1 CA M .-1 01 0 0 .4 N M V' 01 '0 ‘D .-i .-i 0 0 .-4 .4 .-4 N .4 M 0 0 0 0 0 0 0 0 0 0 TCEQ Office Use Only Permit No.: RN: CN: Region: F-1 Flom 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 ePERM1TS: Sign up now for online NOI: https://www3.tceq.texas.govjsteers/index.cfm Pay a $225 reduced application fee by using ePermits. APPLICATION FEE: • You must pay the $325 Application Fee to TCEQ for the paper application to be complete. • Payment and NOI must be mailed to separate addresses. • Did you know you can pay on line? • Go to https://www3.tceq.texas.gov/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 1) OPERATOR (Applicant) 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: help://wwwi2.tceq.texas.gov/crpub/index.cf n?fuseaction=cust.CustSearch 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/welcomejsp 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 ❑ Joint Venture ❑ General Partnership ❑ Corporation ❑ Trust ❑ Estate ❑ Federal Government ❑ State Government ❑ County Government ❑ City Government ❑ Other Government f) Independent Operator? ❑ Yes ❑ No (If governmental entity, subsidiary, or part of a larger corporation, check "No".) g) Number of Employees: El 0-20; ❑ 21-100; 0101-250; ❑ 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) APPLICATTO.N 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: ZIP Code: Mailing Information if outside USA: Territory: Country Code: Postal Code: 3) REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE If the site of your business is part of a larger business site or if other businesses were located at this site before yours, a Regulated Entity Number (RN) may already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ's Central Registry to see if the larger site may already be registered as a regulated site at: http://www1.2.tceq.texas.gov/crpub/index.cfm?fuseaction=regent.RNSearch. If the site is found, provide the assigned Regulated Entity Reference Number and provide the information for the site to be authorized through this application below. The site information for this authorization may vary from the larger site information. a) TCEQ issued RE Reference Number (RN): RN b) Name of project or site (the name known by the community where located): c) In your own words, briefly describe the primary business of the Regulated Entity: (Do not repeat the SIC and NAICS code): d) County (or counties if > i) 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 (03/05/201.3) 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? O 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? O 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? ❑ 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 (TXR150000). Yes b) I certify that the full legal name of the entity applying for this permit has been provided and is legally authorized to do business in Texas. ❑ Yes c) I understand that a Notice of Termination (NOT) must be submitted when this authorization is no longer needed. ❑Yes d) I certify that a Stormwater Pollution Prevention Plan has been developed, will be implemented prior to construction and to the best of my knowledge and belief is compliant with any applicable local sediment and erosion control plans, as required in the general permit'1'X1tl50000. Note: For multiple operators who prepare a shared SWP3, the confirmation of an operator may be limited to its obligations under the SWP3 provided all obligations are confirmed by at least one operator. ❑ Yes Operator Certification: Typed or printed name Title certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 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 complete: NOTICE OF INTENT CHECI<LIST (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) If paying by Check: 0 Check was mailed separately to the TCEQs Cashier's Office. (See Instructions for Cashier's address and Application address.) El Check number and name on check is provided in this application. If using ePay: D The voucher number is provided in this application or a copy of the voucher is attached. PERMIT -NUMBER Permit number provided if this application is for renewal of an existing authorization. OPERATORINFORMATION Confirm eachitem isrcomplete Ei Customer Number (CN) issued by TCEQ Central Registry El Legal name as filed to do business in Texas (Call TX SOS 512/463-5555) C] Name and title of responsible authority signing the application E Mailing address is complete & verifiable with USPS. www.usps.com ED Phone numbers/e-mail address El Type of operator (entity type) 0 Independent operator 0 Number of employees 0 For corporations or limited partnerships — Tax ID and SOS filing numbers El Application contact and address is complete & verifiable with USPS. http://www.usps.com REGULATED ENTITY: (RE)INFORMAeach`iten rs El Regulated Entity Reference Number (RN) (if site is already regulated by TCEQ) 0 Site/project name/regulated entity [] Latitude and longitude http://www.tceq.texas.gov/gis/sgmaview.html D County D Site/project physical address. Do not use a rural route or post office box. 0 Business description GENERAL, CHAIR JtJIJ RISTICS .Confirri each. tem is complete 0 Indian Country Lands —the facility is not on Indian Country Lands 0 Construction activity related to facility associated to oil, gas, or geothermal resources [l Standard Industrial Classification (SIC) Code www.osha.gov/oshstats/sicser.html Ej Acres disturbed is provided and qualifies for coverage through a NOI El Common plan of development or sale [l Receiving water body(s) El Segment number(s) ® Impaired water body(s) E] MS4 operator jl Edwards Aquifer rule [tTIFICATIOr 0 Certification statements have been checked indicating "Yes" ED Signature meets 3o Texas Administrative Code (TAC) 305 44 and is original. TCEQ-20022 Checklist (03/05/2013) Page 1 Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity under TPDES General Permit (TX.Ri50000) General Information and Instructions GENERAL INFORJ\IATTON ere to Send the Notice o'_ BY REGULAR U.S. MAL Texas Commission on Environmental Quality Stormwater Processing Center (MC228) P.O. Box 13087 Austin, Texas 78711-3087 Application — status and form questions: Technical questions: Environmental Law Division: Records Management - obtain copies of forms: Reports from databases (as available): Cashier's office: ent(NOI)` BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Stormwater Processing Center (MC228) 12100 Park 35 Circle Austin,; TX 78753 512/239 370o, swpermit@tceq.texas.gov 512/239-4671, swgp@tceq.texas.gov 512/239-0600 512/239-0900 512/239 DATA (3282) 512/239-0357 or.512/239-0187 Notice of3ntent When your NOI is received by the program, the form will be processed as follows: 1) Administrative Review: Each item on the form will be reviewed for a complete response. In addition, the operator's legal name must be verified with Texas Secretary of State as valid and active (if applicable). The address(s) on the form must be verified with the US Postal service as receiving regular mail delivery. Never give an overnight/express mailing address. 2) Notice of Deficiency: If an item is incomplete or not verifiable as indicated above, a notice of deficiency (NOD) will be mailed to'the operator. The operator will have 30 days to respond to the NOD. The response will be reviewed for completeness. 3) Acknowledgment of Coverage: An Acknowledgment Certificate will be mailed to the operator. This certificate acknowledges coverage under the general permit. -or- Denial of Coverage: If the operator fails to respond to the NOD or the response is inadequate, coverage under the general permit may be denied. If coverage is denied, the operator will be notified. Gener l Pern t,(YourPermit)~ For NOIs submitted electronically through ePermits, provisional coverage under the general permit begins immediatelyy following confirmation of receipt of the NOI form by the TCEQ. For paper NOIs, provisional coverage under the general permit begins 77 days after a completed NOI is postmarked for delivery to the TCEQ. TCEQ-20022 Instructions (03/05/2013) 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 http://www.tceq.texas.gov. Search using key word TXR150000. GeneralPermit Fortis 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 operator must submit a Notice of Intent. The NOT and NOI must be submitted no later than 10 days prior to the change in Operator status. TCEQ CentralRegistryCore Data Forte 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://www12.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=Peru 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 13088 Austin, TX 78711-3088 TCEQ-20022 Instructions (03/05/2o13) BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality - Financial Administration Division Cashier's Office, MC-214 12100 Park 35 Circle Austin, TX 78753 Page 2 ePAY Electronic Payment: http://www.tceq.texas.gov/epay When malting the payment you must select Water Quality, and then select the fee category "General Permit Construction Storm Water Discharge NOI Application". You must include a copy of the payment voucher with your NOI. Your NOI will not be considered complete without the payment voucher. INSTRUCTIONS FOR FILLING OUT TIT E NOT FORIYI 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. eratorr 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 hasnotbeen assigned a CN, leave the space for the CN-blank.4 - If this customer has alreadybeen 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 providedexactly as filed with the Texas Secretary of State (SOS), or on other legal documents forming the entity, that is.filed in the county where doingbusiness. 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 http://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 theselected 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). AT imited Partnership or Limited Liability Partnership (Partnership) is required to file with the Texas Secretary of State. A General Partnership or Joint Venture is not required to register with the state. • Partnership (Limited Partnership or Limited Liability Partnership): A limited partnership is defined in the Act as a partnership formed by two or more persons under the provisions of Section 3 of the Uniform Limited Partnership Act (Alt. 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 § io1 [1994D. • Joint Venture: A joint venture is but another name for a special paiership. 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 iseitheran 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 Atrust 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 II) Number . Corporations and limited liability companies thatoperate in Texas are issued a franchise tax identification number. If this customer is a corporation or liniited 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 CnN). Enter this number here. Use no prefixes, dashes, or hyphens. Sole proprietors, individuals, or general partnerships do not need to provide a federal tax ID. TX SOS Charter (filing) Number . Corporations and Limited Partnerships required to register with the Texas Secretary of State are issued a charter or filing number. You may obtain further information by calling SOS at 5i2/453-5555- 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 (03/05/2013) Page 5 PI;:ICATTON CONT Provide the name, title and communication information of the person that TCEQ can contact for additional information regarding this application. REGULATED -ENTITY (RE) INFORMATION'ON PROJECT OR:S 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: //wwwl2.tcea.texas.gov/crpub/index.cfrn?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 operated by a separate corporation that is accessible by the same physical address of your unit or facility. Other examples include industrial parks identified by one common address but different corporations have control of defined areas within the site. In both cases, an RN would be assigned for the physical address location and the permitted sites would be identified separately under the same RN. b) Site/Project Name/Regulated Entity Provide the name of the site as known by the public in the area where the site is located. The name you provide on this application will be used in the TCEQ Central Registry as the Regulated Entity name. c) Description of Activity Regulated In your own words, briefly describe the primary business that you are doing that requires this authorization. Do not repeat the SIC Code description. d) County Identify the county or counties in which the regulated entity is located. e) Latitude and Longitude Enter the latitude and longitude of the site in degrees, minutes, and seconds or decimal form. For help obtaining the latitude and longitude, go to: http://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 USPS 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 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. ENERAL CHARACTERIS' 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/pis/pub/readtac$ext.TacPage?s1=R&app=A&p dir=&p rloc=&p tlo c=&p plot=&pg=i&p tac=&ti=i6&pt=i&ch=38r1=flo 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 solelyfor 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 withany overburden, raw material, intermediate product, finished product, byproduct, or waste product located on the site of the facility. Under §3.8 of this title (relating to Water Protection), the Railroad TCEQ-2oo22 Instructions (03/05/2o13) Page 7 Commission of Texas prohibits operators from causing or allowing pollution of surface or subsurface water. Operators are encouraged to implement and maintain best management practices (BMPs) to minimize discharges of pollutants, including sediment, in stormwater during construction activities to help ensure protection of surface water quality during storm events. c) Primary Standard Industrial Classification (SIC). Code Provide the SIC Code that best describes the construction activity being conducted at this site. Common SIC Codes related to construction activities include: • 1521- Construction of Single Family Homes • 1522 - Construction of Residential Bldgs. Other than Single Family Homes • 1541- Construction of Industrial Bldgs. and Warehouses • 1542 - Construction of Non-residential Bldgs, other than Industrial Bldgs. and Warehouses • i611- 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: hilp://www.osha.gov/pls/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 fiveor 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.govipermitting/stormwatericommon 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-2o022 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/publications/gi/gi-Ri6 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 stormwater discharge is into an MS4, provide the name of the entity that operates the MS4 where the stormwater discharges. An MS4 operator is often a city, town, county, or utility district, but possibly can be another form of government Please note that the Construction General Permit requires the Operator to supply the MS4 with a copy of the NOI submitted to TCEQ. For assistance, you may call the technical staff at (512)239-4671. j) Surface Water bodies on list of impaired waters - Identify the impaired water body(s) Indicate Yes or No if any surface water bodies receiving discharges from the construction site are on the latest EPA -approved CWA 303(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 303(d) List of impaired waters. The EPA -approved CWA 303(d) List of impaired waters in Texas can be found at: www.tceq.texas.goviwaterquality/assessment/Ros 303.htm1 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.html If the discharge or potential discharge is within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer, a site specific authorization approved by the Executive Director under the Edwards Aquifer Protection Program (30 TAC Chapter 213) is required before construction can begin. The certification must be answered "Yes" for coverage. under the Construction General Permit. The TCEQ approved plan must be readily available for TCEQ staff to review at the time that the NOI is submitted. The general permit requires the approved Contributing Zone Plan or Water Pollution Abatement Plan to be included or referenced as a part of the Stormwater Pollution Prevention Plan. For questions regarding the Edwards Aquifer Protection Program, contact the appropriate TCEQ Regional Office. For projects in Hays, Travis and Williamson Counties: Austin Regional Office, 12100 Park 35 Circle, Austin, TX 78753, 512-339-2929. For Projects in Bexar, Comal, Kinney, Medina and Uvalde Counties: TCEQ San Antonio Regional Office, 1425o Judson Rd., San Antonio, .TX 78253-448o,. 210-49o-3096. CERTIFICATIO 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 (TXRl5000o) Provisional coverage under the Construction General Permit (TXR150000) begins 7 days after the completed paper NOI is postmarked for delivery to the TCEQ. (Electronic applications submitted through ePermits have immediate provisional coverage). You must obtain a copy and read the Construction General Permit before submitting your application. You may view and print the Construction General Permit for which you are seeking coverage at the TCEQ web site: www.tceq.texas.gov/goto/construction b) Certification of Legal Name The full legal name of the applicant as authorized to do business in Texas is required. The name must be provided exactly as filed with the Texas Secretary of State (SOS), or on other legal documents forming the entity, that is filed in the county where doing business. You may contact the SOS at (512)463 5555, for more information related to filing in Texas. c) Understanding of Notice of Termination A permittee shall terminate coverage under this Construction General Permit through the submittal of a NOT when the operator of the facility changes, final stabilization has been reached, the discharge becomes authorized under an individual permit, or the construction activity never began at this site. d) Certification of Stormwater Pollution Prevention Plan The SWP3 identifies the areas and activities that could produce contaminated runoff at your site and then tells how you will ensure that this contamination is mitigated. For example, in describing your mitigation measures, your site's plan might identify the devices that collect and TCEQ-20022 Instructions (03/05/2013) Page io 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. r Operator Cerhficato �.._ The certification must bear an originalsignatureof a person meeting the signatory requirements specified under 3o Texas Administrative Code (TAC) §305.44. IF YOU ARE A CORPORATION: The regulation that controls who may sign an NOI or similar form is 3o Texas Administrative Code §305.44(a)(1) (see below). According to this code provision, any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate procedures. By signing the NOI or similar form, you are certifying that such authority has been delegated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that controls who may sign an NOI or similar form is 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)239-060o. 3o 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 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 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. TCEQ-20022 Instructions (03/05/2oi3) Page it (2) For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively. (3) For a municipality, state, federal, or other public agency, the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this paragraph, a principal executive officer of a federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., regional administrator of the EPA). TCEQ-20022 Instructions (03/05/2013) Page 12 co.) (7: 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 i through 5 below: • Staple your check in the space provided at the bottom of this document. • Do not mail this form with your NOI form. • Do not mail this form to the same address as your NOI. Mail this form and your check to: BY REGULAR U.S. MAIL BY OVERNIGHT/EGRESS MAIL Texas Commission on Environmental Texas Commission on Environmental Quality Financial Administration Division Cashier's Office, MC-214 P.O. Box 13088 Austin, TX 78711-3o88 Quality Financial Administration Division Cashier's Office, MC-214 12100 Park 35 Circle Austin, TX 78753 Fee Code: ° GPA General Permit: Tntis0000 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: Project/Site (RE) Physical Address: TCEQ- 20134 (04/13/2006) r�Tlis=� Page i ,F-71 TCEC! Notice of Change (NOC) to an Authorization for Stormwater Discharges Associated with Construction Activity under TPDES General Permit (TXR150000) s*:`-IMP.ORTANT ** PLEASE READ THE FOLLOWINGINFORMATION AND INSTRUCTIONS BEFORE FILLIN e form wiltbe returned for one ofthe followin• g reasons: °1) the permitnumber isnot provided, invalid, or no longer active, 2) a wet ink signature of person meeting`signatory equuements for permittee not prow e ;3) the current permittee s not the applicant and, ::._ a requested change noperator'name is notale name change:_ TffiS FORM• CANNOT BE USED.FOR A"CHANGE IN, OPERATOR:REFER TO,YOUR GENERAL.PE TCEQ Office Use Only Permit No.: CN:A What is the Permit Number of the authorization to be changed? ANT TXR15 L Operator-. (Periiiittee) MA? gua at www_12.tcea teaas.eo r/cis 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? 2._Permitted':Sitelimey-aired)° What is the TCEQ Central Registry Regulated Entity Number assigned for this permitted site? B. _REQUESTED -.CHANGE TO PERMITTED INFORMATI CN RN What information has changed or needs corrected? (Check one or more of the sections being updated and enter the new information in the corresponding section of this form.) Operator Legal Name Change with Texas Secretary of State (TX SOS). Go to Section 1 &/or 2 as applicable. (Note: Permits are not transferable. If a change in entity has occurred, this NOC is not attainable.) Address and contact information for Operator, Billing for Annual Fee, or Discharge Monitoring Report forms. ❑ Site Information (Regulated Entity) (Note: Permits under a general permit are site specific. Ha. change in site location has occurred, this NOC is not attainable.) General Characteristics relating to the regulated activity. 1: 'OPERATOR LEGAL NAME a. What is the NEW active Legal Name with TX SOS or on other legal document? New Legal Name: b. What is the TX SOS Filing Number for us to confirm this official name change? (This is only applicable to Limited Partnership or Corporations.) 2.: ADDRESS ;&. CONTACT .INFORMATTON:CHANGE a What mailing address and/or contact information has changed? (check one or more as applicable) Operator for permit correspondence Site (RE) Mailing Address and contact information Billing address/contact for Receiving Annual Fee Statement Reporting address/contact for Receiving Discharge Monitoring Reports (DMRs) b If you selected more than one, is the information to be updated the same for each selection? ❑Yes —Provide the updated information in the fields below. ❑ No — Attachment 1 of the NOC is attached to this form, to provide the different addresses. ATTN or C/O: El Address: Suite NoJB1dg. NoJMail Code: City: State: ZIP Code: Country Mailing Information (if outside USA). Country Code: Postal Code: citssRhone No.: ( ) TCEQ- 20391 (07/13/2007) Ext: Fax No.: ( ) E-Mail: Page 1 El REGI ATED ENTITY• (RE) SI11, INFORMATION CORRECTION a. Is this a change to the location of the permitted activity? QYes - this requested change will not be processed since the authorizations are site specific. ❑No — go to next question. b. New or Corrected Name of Project or Site : c. Updated Physical Address (new 911 address): Street Number: Street Name: Bldg/Ste No. City: ZIP Code: County (Counties if>1): d. Update or Corrected location access description, if no physical address (Street Number & Street Name): e. Corrected Latitude: N Corrected Longitude: W 4 CIIANGE<IN CHARACTERISTICS PROVIDED ON ORIGINAL FORM Identify the specific change and provide the updated information. Ilan attachment is need, please reference it below. c. If TCEQ needs additional information regarding this application, who should be contacted? 1. Name: Title: Company: 2. Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: Operator Certifications: I, Typed or printed name (REQUIRED) Title (REQUIRED) Clihscertify 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 belies; true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 30 Texas Administrative Code §305.44 to sign and submit this document, and can provide documentation in proof of such authorization upon request. Signature: Date: (Use blue ink) (REQUIRED) (REQUIRED) TCEQ- 20391 (07/13/2007) Page 2 .. assws.usawil I. 1 IV a 1l‘,ck, r urm xor rrovidmg Darerent Address & Contact Information Related to a Specific Permit under General Permit TXRI50000 What is the Permit No.? TXRI5 (REQUIRED) ADDmONAL ADDRESS=& CONTACTINFORMATION Fill in the changes as applicable. Incomplete and invalid addresses will not be used. Verify mailing addresses at USPS.com. Operator ATTN or CIO: Address: Suite NoJBldg. NoJMail 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 Yee Statement ATTN or C/O: Address: Suite NoJBldg. NoJMail Code: City: State: ZIP Code: Country Mailing Information (if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: Site (RE) Mailmg'Address ATTN or C/O: Address: ek Suite No./Bldg. NoJMail Code: )'.ity: 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 J Notice of Change (NOC) to an Authorization for Stormwater Discharges Associated with Construction -Activity under TPDES General Permit (TXR150000) General Information and Instructions GENERAL, INFORMATION Where to Send the Notice of Change (NOC): BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality StormwaterProcessing Center (MC228) Stormwater Processing Center (MC228) P.O. Box 13087 12100 Park 35 Circle Austin, TX 78711-3087 Austin, TX 78753 TCEQ Contact list: Application Processing Questions relating to the status and form requirements: 512/239-3700 or email stvpermitvtceq.ter-as.eov Teclmical Questions relating to the general permit: 512/239-4671 Environmental Law Division: 512/239-0600 Records Management for obtaining copies of forms submitted to TCEQ: 512/239-0900 Information Services for obtaining reports from program data bases (as available): 512/239-DATA (3282) Financial Administration's Cashier's office: 512/239-0357 or 512/239-0187 Notice of Change Process: - - When your NOC is received by the program, the form will be processed as follows: 1. Administrative Review: The fora will be reviewed to ensure the request is from the permittee (operator) on the authorization, the permit is active and initial coverage was acknowledged Each item on the form will be reviewed for a complete response that qualifies for a NOC. In addition, the operator's legal name change must be verified with Texas Secretary of State (if applicable). The address(s) on the form must be verified with the US Postal service as an address receiving regular mail delivery. Never give an overnight/express mailing address. If an item is incomplete or not verifiable as indicated above, the operator' be notified by letter, phone call or email. In some instances as noted at the beginning of the form, the request may simply be returned. 2. NOC Confirmation: An updated Acknowledgment Certificate will be mailed to the operator or_ik if the NOC is to change information provided on the acknowledgment certificate. The original coverage effective date will not change. General Permit (Your Permit) You may view and print your general permit on the TCEQ web site www.tcecttexas.uov. Enter the general permit number as the key word in the search box to locate the specific web page. General Permit Forms The Notice of Intent (NOI), Notice of Termination (NOT), and Notice of Change (NOC) with instructions are available in Adobe Acrobat PDF format on the TCEQ web site www.tceo.texas.eov. Change in Operator An authorization under the general permit is not transferable. If the operator of the regulated entity changes, the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOI must be submitted not later than 10 days prior to the change in Operator status. Note that the NOT is effective on the postmarked date. It may be necessary to not terminate the existing permit until coverage by the new entity is confirmed TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a core data form to TCEQ. - You can find the information on the Central Registry web site at www12.tcen.texas.eov/crnub/. You can search by the Regulated Entity (RN), Customer Number (CN) or Name (Permittee), or by your permit number under the search field labeled "Additional ID". The Customer (Pennittee) is responsible for providing consistent information to the TCEQ, and for updating all CN and RN data for all associated authorizations as changes occur. For General Permits, a Notice of Change form must be submitted to the program area for approval to update the CN and RN data in central registry. TCEQ- 20391 NOC Instructions (07/13/2007) Page 1 TUFICATIONS _-- The certification must bear an original signature of a person meeting the signatory requirements specified under 30 Texas Administrative Code (TAC) (Oak\ §305.44. IF YOU ARE A CORPORATION: The regulation that controls who may sign an NOI 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. By signing the NOI or si miler 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 th e City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity, it may be beneficial to consult your city charter, county or city ordinances, or the Texas statute(s) under which your government entity was formed. An NOI or similar document that is signed b y a govemm ent official who is not a rankin g elected official or princip al 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 s imilar 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 m eans a pres ident, secretary, treasurer, or v ice -president of the corpor ation in charge of a pr incipal business function, or any other person who performs si milar policy or decisi on -making functions for the corpor ation; or the manager of one or more manufacturin g, 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 and quarter 1980 dollars), if authority to sign docu menu has been assigned or de legated to the manager in accordance with corporate procedures. Corporate pro cedures (11.,,,, governing authority to sign permit or post -closure order applicati ons may provide for assignment or delegation to applicable co rporate 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 Notice of Termination (NOT) for Authorizations under TPDES General Permit TXR150000 General Information and Instructions GENERAL INFORMATION Where to Send the Notice of Intent (NOI): BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Stormwater Processing Center (MC228) Stormwater Processing Center (MC228) P.O. Box 13087 12100 Park 35 Circle Austin, TX 78711-3087 Austin, TX 78753 TCEQ Contact list: Application Processing Questions relating to the status and form requirements: 512/239-3700 or swpermit@tceq.texas.gov Technical Questions relating to the general permit 512/239-4671 Environmental Law Division: 512/239-0600 Records Management for obtaining copies of forms submitted to TCEQ: 512/239-0900 Information Services for obtaining reports from program data bases (as available): 512/239-DATA (3282) Financial Administration's Cashier's office: 512/239-0357 or 512/239-0187 Notice of Termination Process: A Notice of Termination is effective on the date postmarked for delivery to TCEQ. When your NOT is received by the program, the form will be processed as follows: I. Administrative Review: The form will be reviewed to confine the following: �, • the permit number is provided 1 • the permit is active and has been approved • the entity terminating the permit is the current permittee • the site information matches the original permit record o the form has the required original signature with title and date 2. Notice of Deficiency: If an item is incomplete or not verifiable as indicated above, a phone call will be made to the applicant to clear the deficiency. A letter will not be sent to the permittee if unable to process the form. 3. Confirmation of Termination: A Notice of Termination Confirmation letter will be mailed to the operator. General Permit (Your Permit) Coverage under the general permit begins 48 hours after a completed NOI is postmarked for delivery to the TCEQ. You should have a copy ofyour 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.tceu.texas.cov 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.tceu.texas.eov. Change in Operator An authorization under the general permit is not transferable. If the operator or owner of the regulated entity changes, the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOT and NOI must be submitted not later than 10 days prior to the change in Operator status. TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a core data form to TCEQ. After final acknowledgment of coverage under the general permit the program will assign a Customer Number (CN) and Regulated Entity Number (RN). For Construction Permits, a new RN will be assigned for each Notice ofIntent filed with TCEQ, since construction project sites can overlap with other Customers. The RN assigned to your construction project will not be assigned to any other TCEQ authorization. You can find the information on the Central Registry web site at wrIV1v 12.tceatexas.eov/crpub/. You can search by the Regulated Entity (RN), Customer Number (CN) or Name (Permittee), or by your permit number under the search field labeled Additional ID". Capitalize all letters in the permit number. TCEQ-20023 Instructions (02/06/2007) Page 1 §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 fonn, 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 president, s ecretary, treasurer, or v ice -president of the corpor ation in charge of a principal business function, or any other person who performs similar policy or decision -making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 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 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). (*w TCEQ-20023 Instructions (02/06/2007) Page 3 air IMP Wit MEININS 'II MON AIM 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: rhiPII\Jject 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 11.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 111.E.2. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A stormwater pollution prevention plan has been developed and will be implemented prior to construction, according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part 11.F.3. 111111111.11.11111111111.11 ROOM ""11111Mail mime mown V arm imam Mr AVM NOIf 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/wn construction.html Operator Name: Contact Name and Phone Number: 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 R.E.2. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A stormwater pollution prevention plan has been developed and will be implemented prior to construction, according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed M54 operator notified per Part II. F.3. (•0 1.6 ite-Specific TPDES Authorization Number: MUM 'NSW= Nawn eim wrlams 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 internet at: http://www.tceq.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, 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: 1 (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.E.3. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A stormwater pollution prevention plan has been developed and will be implemented prior to construction, according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part ILF.3. mow ---minommi 111111111101, 'NNW. MEW mum NW WIMP aMOP AMON IMINN 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 ILE.1. of the TCEQ General Permit Number TXR150000 for discharges of stormwater runoff from small construction sites automatically authorized based on low rainfall erosivity. Additional information regarding the TCEQ stormwater permit program may be found on the internet at: http://www.tceq.state.tx.us/nav/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 ILE.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 11E1 of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. Construction activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit for this county, that period beginning on and ending on . I understand that if construction activities continue past this period, all stormwater runoff must be authorized under a separate provision of the general permit. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part 11E3. CITY OFPEARLAND 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. References to Technical Specifications: 1. Section 01550 - Stabilized Construction Exit 2. Section 01562 — Waste Material Disposal 3. Section 01500 — Temporary Facilities and Controls C Definitions: . 1. Potential Water Pollutant - any substance that could potentially alter the physical, thermal, chemical, or biological quality of the Surface Water in the State, rendering the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 1.02 . :MEAUSREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 2.0 PRODUCTS -Not Used 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION 07/2006 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. 01566 -1 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION D Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of the limits of construction or dedicated rights -of -way and easements. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the Contractor. E The Contractor shall be responsible for collecting, storing, hauling, and disposing of spoil, silt, waste materials, and contaminated material resulting from erosion and sediment control measures as specified in this or other Technical Specifications and in compliance with applicable federal, state, and local rules and regulations. 3.02 EXPOSED SOIL A When soil is exposed as a result of clearing, grading, excavating, stockpiling, or other soil disturbing activities, the Contractor shall implement measures to effectively control erosion and prevent the escape of sediments from the Project Site. B Control measures may include the following practices: 1. Preserve existing vegetation to the extent possible. 2. Construct drainage swales, berms, or sediment basins. 3. Maintain grades to minimize the velocity of sheet flow over disturbed areas and promote evaporation and infiltration of storm water directly into the ground. 4. Install filter fabric fences or barriers, sediment traps, seepage basins, gabions, or storm drain inlet protection devices. 5. Utilize vegetative buffer strips, mulching, or riprap C When the placement of topsoil, bank sand, or other soil material is specified, after an area has been brought to grade and immediately prior to placement, loosen the subgrade discing or by scarifying to a depth of at least 2 inches to permit bonding to the subsoil. D When all soil disturbing activities have been completed, establish a perennial vegetative cover on all areas that are not paved, covered by permanent structures, or otherwise permanently stabilized. 3.03 DUST CONTROL A Implement control measures to minimize dust creation and movement on construction sites and roads and to prevent airborne sediment from reaching receiving streams or storm water conveyance systems, to reduce on -site and off -site damage, to prevent health hazards, and to improve traffic safety. Control blowing dust by using one or more of the following measures: 1. Mulches bound with chemical binders. 2. Temporary vegetative cover. 3. Tillage to roughen surface and bring clods to the surface. 4. Irrigation by water sprinkling. 07/2006 01566 - 2 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 5. Barriers using solid board fences, burlap fences, crate walls, bales of hay, or similar materials. C Implement dust control measures immediately whenever dust can be observed blowing on the Project Site. 3.04 DEMOLITION AREAS A Demolition activities which create large amounts of dust with significant concentrations of heavy metals or other potential water pollutants shall use methods described in this Section, 3.03 "Dust Control", to limit transport of airborne pollutants. However, water or slurry used to control dust contaminated with heavy metals or potential water pollutants shall be retained on the Project Site and shall not be allowed to run directly into watercourses or storm water conveyance systems by the appropriate use of control measures described in this Section. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.05 SEDIMENT TRACKING A Minimize off-sitetracking 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 01566-3of5 CITY OF PEARL AND 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 fabric fences or barriers, or sediment basins. 10. Designate washing areas for containers and other items that have come in contact with potential water pollutants. C Avoid overuse of substances such as pesticides and fertilizers which could produce contaminated runoff. 3.10 SANITARY FACILITIES A Provide the Project Site with adequate portable toilets for workers in accordance with Section 01500 — Temporary Facilities and Controls, and applicable health regulations. B Control areas where sanitary facilities are located so that sewage or chemicals will not be washed directly into receiving streams or storm water conveyance systems by using one or more of the following measures. 1. Inspect the facilities daily. 2. Service the facilities as often as necessary to maintain cleanliness and prevent overflows. 3. Stabilize the area with coarse aggregate 4. Maintain grade to prevent surface water from flowing over the area END OF SECTION 07/2006 01566 - 5 of 5 CITYOF 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 bychange 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 linear project requires a project identification sign at each end of the construction site. 05/2007 01580-1 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS 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 B. 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 minimise 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 grade, fast -drying, oil -based paint with gloss finish. Paint structural and framing members white on all sides and edges to resist weathering. 05/2007 01580-2 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS 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 in 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 05/2007 01580-3 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS PROJECT IDENTIFICATION SIGN EXHIBIT • First 1riiprc•nsioo11 PROJECT NAME LOCATED HERE PlICLACI PROJECT NO. 12345678 Capital Improvement CITY OF PEARLAND SgnapeLayout CAPfTAL PROJECT PROJECT SCHEDULE: MONTH/YEAR Various MAYOR:TOM REID BUDGET: $DOLLAR AMOUNT LINSTAII COUNCIL POSrr,oN t. TOOT UIEOX[ ENGINEER/ARCHITECT: Pearland.Texas COUNOI POSITION 1: SCOTT SNII MAN DATr October 2014 COUNCIL Po8RON3 GAIT MOORE NAME GOES HERE FT** MAYOR TOO TIM.RUM ORDENIAUR COUNCIL POSITION S,DUG MI CONTRACTOR: CRY MANAGER: CLAY PEARSON CONTRACTOR NAME GOES HERE --- DEPUTY OTT MANAOIR-,ION BRANSON Smummomilinv REST CRT*MIAOW TRINT E►PERSON pearlandtx.gov/departments/engineering-capital-projects/projects "'�""'�"' erminamagunommwa SPECIAL NOTE:CONTACT CITY SECRETARY FOR CURRENT COUNCIL NAMES VOLT H.IC SINGLE SIDE MDO MARINE GRADE PLYWOOD FINISHED WITH ALKYD ENAMEL GLOSS WHITE aA- o�oraeMtEE�MIn COMPUTER CUT VINYL AND DIGITAL PRINT 5 YEAR LIFE MINIMUM MATERIALS na SS. sER�xf1lIOM,5.wal Bream. INSTALL ON TWO 4-X4-TREATED POSTS,MIN.DEPTH IS 24`,OR SKID MOUNTED AS SITE REO'D.. CLIENT APPROVAL 10 2014 01580-4 (0-N CITY OFPEARLAND 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, in order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size, type or application, use the same make and model of componentthroughout the Work. 1.04 TRANSPORTATION C 1.05 DELIVERY A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. Transport and handle products in accordance with instructions. Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space_ 07/2006 01600 - 1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. D Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. . 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping, marring, or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations. G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.07 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. B Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. 07/2006 01600 - 2 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT C Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection. D Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the Project Manager. F Provide off -site storage and protection when on -site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. Damage to lawns, sidewalks, streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss or damage. I Store materials in manufacturers' unopened containers. J Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. K The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet, unless otherwise approved in writing by the Project Manager. 2.0 PRODUCTS -Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01600 - 3 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 1.0 GENERAL 1.01 SECTION INCLUDES A Options for making product or process selections. B Procedures for proposing equivalent construction products or processes, including pre - approved, and approved products or processes C References to Technical Specifications: 1: Section 01350 — Submittals 1.02 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. 1.03 DEFINITIONS A Product: Means, materials, equipment, or systems incorporated into the Work. Product does not include machinery and equipment used for production, fabrication, conveying, and erection of -the Work. Products may also include existing materials or components designated for re -use. B Process: Any proprietary system or method for installing system components resulting in an integral, : functioning part of the Work. For this Section, the word Product includes Processes. 1.04 SELECTION OPTIONS A Pre -approved Products: Products of certain manufacturers or suppliers are designated in the Technical Specifications as "pre -approved". Products of other manufacturers or suppliers will not be acceptable under this Contract and will not be considered under the submittal process for approving alternate products. • B Approved Products: Products of certain manufacturers or suppliers designated in the Technical Specifications followed by the words "or approved equal". Approval of alternate products not listed in the Technical Specifications may be obtained through provisions of this Section and Section 01350 — Submittals. The procedure for approval of alternate products is not applicable to Pre -approved Products. C Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make, or source. Where more than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. 07/2006 01630 - 1 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.05 CONTRACTOR'S RESPONSIBILITY A Furnish information the Engineer deems necessary to judge equivalency of the alternate product. B Pay for laboratory testing as well as any other review or examination cost needed to establish the equivalency between products which enables the Engineer to make such a judgment. C If the Engineer determines that an alternate product is not equivalent to that named in the Technical Specifications, the Contractor shall furnish one of the specified products. 1.06 ENGINEER'S REVIEW A Alternate products may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. B Alternate products will be accepted if the product is judged by the Engineer to be equivalent to the specified product or to offer substantial benefit to the Owner. C The Owner retains the right to accept any product deemed advantageous to the Owner, and similarly, to reject any product deemed not beneficial- to the Owner. 1.07 SUBSTITUTION PROCEDURE A Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the Approved Product specified. B Submit a written request for a product to be considered as an alternate product along with the product information within fourteen (14) days after the Effective Date of the Agreement. C After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. n D Submit 5 copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. c. Samples, as applicable. d. Name and address of similar projects on which product was used and date of installation. Include the name of the Owner, Architect/Engineer, and installing contractor. 07/2006 01630 - 2 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Shop Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in Construction Schedule 6. Relationship to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the Engineer. E Approved alternate products will be subject to the same review process as the specified product would have been for Shop Drawings, Product Data, and Samples. 2.0 PRODUCTS -Not Used 3.0 EXECUTION - Not Used END OF SECTION 07/2006 01630-3of3 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 07/2006 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. 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 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 - 1 of 2 CITY OF PEARLAND STARTING SYSTEMS F Verify wiring and support components for equipment are complete and tested. G Execute start-up under Contractor's supervision in accordance with manufacturer's instructions. I3 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 PFARLAND CONTRACT CLOSEOUT Section 01770 CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES A Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CLOSEOUT PROCEDURES A Comply with Section 00700 — General Conditions of Agreement regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final inspection. B Provide Record Documents under provisions of Section 01760 — Project Record Documents. C Complete or correct items on punch list, with no new items added. Any new items will be addressed during warranty period. D The Owner will occupy portions of the Work as specified in Section 00700 — General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. 1.05 FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean Project Site; sweep paved areas, rake clean landscaped surfaces. 09/2009 01770 - 1 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT D Remove waste and surplus materials, rubbish, and temporary construction facilities from the Project Site following the final test of utilities and completion of the Work. 1.06 OPERATION AND MAINTENANCE DATA A Submit Operations and Maintenance data under provisions of Section 01350 — Submittals. 1.07 WARRANTIES A Provide one original of each warranty from Subcontractors, Suppliers, and Manufacturers. B Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. C Submit warranties prior to Final Application for Payment. 1. Warranties shall commence in accordance with the requirements of Section 00700 = General Conditions of Agreement, 1.09 "Substantially Completed". 2.0 PRODUCTS - NotUsed 3.0 EXECUTION Contractor shall diligently pursue completion of the items and activities contained in the Contract Close Out and Project Record Document sections of the project manual. Notwithstanding any performance of warranty work, the work of Contract Closeout shall be complete within thirty (30) days of the date of Final Completion and Acceptance of the work. END OF SECTION 09/2009 01770 - 2 of 2 CITY OF PEARLAND SITE WORK DIVISION 2 TECHNICAL SPECIFICATIONS DIVISION 2 SITE WORK 04/2008 ft\ CITY OF PEARLAND SITE DEMOLITION Section 02220 SITE DEMOLITION 1.0 GENERAL 1.01 SECTION INCLUDES A Demolishing and removing existing pavements, structures, equipment and materials .only to the extent as indicated on. the Plans. B . Removing concrete paving, asphaltic concrete pavement, and base courses. C Removing concrete curbs, concrete curb and gutters, sidewalks and driveways. D Removing pipe culverts and sewers. E Removing miscellaneous structures of wood, plastics, metals, concrete, masonry, or combination of concrete and masonry, etc. F Disposing of demolished materials and equipment. G References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 01500 - Temporary Facilities and Control 4. - Section 01100 — Summary of Work 5. Section 01730 - Cutting and Patching 6. Section 01140 — Contractor's Use of Premises 7. Section 01562 — Waste Material Disposal 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for removing and disposing of existing pavement and structures under this Section. Include cost for removing and disposing of existing pavementandstructures in Bid Items for which this Work is a component. B If indicated as a Bid Item, measurement will be as follows: 1. Measurement for removing and disposing of concrete base and surfacing, and removing asphaltic surfacing, is on a square yard basis measured between lips of gutters. 2. Measurement for removing and disposing of cement stabilized shell base course, with or without asphalt surfacing, is on a square yard basis. 3. Measurement for removing and disposing of concrete base and surfacing with curbs, is on a square yard basis measured from back to back of curbs. Payment includes removal of all,base, asphaltic surfacing, concrete pavement, esplanade curbs, curb and gutters, and paving headers. 04/2008 02220 -1 of 5 CITY OF PEARLAND SITE DEMOLITION 4. Measurement for removing and disposing of concrete pavement is on a square yard basis measured from back to back of curbs. 5. Measurement for removing, and disposing of monolithic curb and gutter, removing monolithic concrete curb, and removing concrete curb, is on a lineal foot basis measured along the face of the curb. 6. Measurement for removing and disposing of concrete sidewalk and driveway is on a square yard basis. 7. Measurement for removing and disposing of miscellaneous concrete and masonry removal is on a cubic yard basis of the structure in place. 8. Measurement for removing and disposing of pipe culverts and sewers is on a lineal foot basis for each diameter of type of pipe removed. 9. Measurement for removing and disposing of unlisted materials shall be on the lump sum basis. C No payment will be made for work outside maximum payment limits indicated on Plans, or in areas removed for Contractor's convenience. D Refer to Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. ram, B Submit proposed methods, equipment, materials and sequence of operations for demolition. Describe coordination for shutting off, capping, and removing temporary utilities. Plan operations to minimize temporary disruption of utilities to existing facilities or adjacent property. C Submit proposed demolition and removal schedule for approval. Notify Engineer in writing at least 48 hours before starting demolition. D Submit an approved copy of demolition schedule to Engineer prior to commencement of demolition operations. E Obtain a permit for building demolition, as required. 1.04 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 — Temporary Facilities and Controls. B The Contractor shall be responsible for safety and integrity of adjacent structures and shall be liable for any damage due to movement or settlement. Provide proper framing and shoring necessary for support. Cease operations if an adjacent structure appears to be endangered. Resume demolition only after proper protective measures have been taken. 04/2008 02220 - 2 of 5 CITY OF PEARLAND _ 'SITE DEMOLITION 1.05 OWNERSHIP OF MATERIAL AND EQUIPMENT A Materials and equipment designated for reuse or salvage are listed in Section 01100 — Summary of Work. Protect items designated for reuse or salvage from damage during demolition, handling and storage. Restore damaged items to satisfactory condition. B Materials and equipment not designated for reuse or salvage become the property of the Contractor. 1.06 STORAGE AND HANDLING A Store and protect materials and equipment designated for reuse until time of installation. B Deliver and unload items to be salvaged to storage areas indicated on Plans. Remove equipment and materials not designated for reuse or salvage and all waste and debris resulting from demolition from site. Remove material as work progresses to avoid clutter. 2.0 PRODUCTS 2.01 EQUIPMENT AND MATERIALS FOR DEMOLITION A Use equipment and materials approved as prescribed in this Section, 1.03 "Submittals'. B Use of a "drop hammer" must have the Engineer's prior approval. 3.0 EXECUTION 3.01 EXAMINATION • A Prior to demolition, make an inspection with Engineer to determine the condition of existing structures and features adjacent to items designated for demolition. B Engineer will mark or list existing equipment to remain the property of the Owner. C Do not proceed with demolition or removal operations until after the joint inspection and subsequent authorization by Engineer. D Stop demolition and notify Engineer if underground fuel storage tanks, asbestos, PCB's, contaminated- soils, or other hazardous materials are encountered. 3.02 UTILITY SERVICES A Follow rules and regulations of authorities or companies having jurisdiction over communications, pipelines, and electrical distribution services. B Notify and coordinate with utility company and adjacent building occupants when temporary interruption of utility service is necessary. 04/2008 .02220 - 3 of 5 CITY OF PEARLAND SITE DEMOLITION C When required by the Work, cutting, patching, and fitting of Work to existing facilities, accommodating installation or connection of Work with existing facilities, or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730 — Cutting and Patching 3.03 MECHANICAL WORK ITEMS A Mechanical removals consist of dismantling and removing existing piping, pumps, motors, water tanks, equipment and other appurtenances. It includes cutting, capping, and plugging required to restore use of existing utilities. B Remove existing process, water, chemical, gas, -fuel oil and other piping not required for new work. Take out piping to the limits shown or to a point where it will not interfere with the new work. Piping not indicated to be removed or which does not interfere with new work shall be removed to the nearest solid support, capped, and the remainder left in place. Purge chemical and fuel lines and tanks. Verify that such lines are safe prior to removal or capping. C Where piping that is to be removed passes through existing walls, cut and cap piping on each side of the wall. Use cap appropriate for pipe material to be capped. Provide fire -rated sealant for walls classified as fire -rated. D When underground piping, which is not located in the public right-of-way, is to be altered or removed, cap the remaining piping. Abandoned underground piping may be left in place unless it interferes with new work or is shown or specified to be removed. Piping less than 15 inches in diameter may be plugged and abandoned in place. For piping 15 inches in diameter and greater to be abandoned, fill with sand, pressure grout or other approved method and plug with concrete or brick masonry bulkhead. E Remove waste and vent piping to points shown. Plug pipe and cleanouts and plugs. Where vent stacks pass through an existing roof that is to remain, remove the stack and patch the hole in the roof, making it watertight. Comply with requirements of existing roof installer so as to maintain roof warranty. F Conform to applicable codes when making any changes to plumbing and heating systems. 3.04 ELECTRICAL WORK ITEMS. A Electrical removals consist of disconnecting and removing existing switchgear, distribution switchboards, control panels, bus duct, conduits and wires, panel boards, lighting fixtures, and miscellaneous electrical equipment. B Remove existing electrical equipment and fixtures to prevent damage to allow continued operation of existing systems and to maintain the integrity of the grounding systems. 04/2008 02220 - 4 of 5 CITY OF PEARLAND SITE DEMOLITION C Remove poles and metering equipment, if designated for removal on the Plans. Coordinate electrical removals with the power company, as necessary. Verify that power is properly de -energized and disconnected. D Where shown or otherwise required, remove wiring in underground duct systems. Verify function of wiring before disconnecting and removing. Plug ducts which are not to be reused at entry to buildings. E Changes to electrical systems shall conform to applicable codes. 3.05 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. B Remove from the site all items contained in or upon the structure not designated for reuse or salvage in accordance with this Section and Section 01562 — Waste Material Disposal. C Follow method of disposal as required by regulatory agencies. END OF SECTION 04/2008 02220 - 5 of 5 CITY OF PEARLAND GRAVITY SANITARY SEWERS Section 02530 GRAVITY SANITARY SEWERS 1.0 GENERAL 1.01 SECTION INCLUDES A Gravity sanitary sewers and appurtenances, including cleanouts, stacks, service connections, and reconnections. B References to Technical Specifications: 1. Section 02415 Augering Pipe or Casing for Sewers 2. Section 01200 — Measurement and Payment Procedures 3. Section 01350 — Submittals 4. Section 01450 - Testing Laboratory Services 5. Section 01500 — Temporary Facilities and Controls 6. Section 01570 - Trench Safety System 7. Section 02318 — Excavation and Backfill for Utilities 8. Section 01564 — Control of Ground Water and Surface Water 9. Section 02220 — Site Demolition 10. Section 01140 = Contractor's Use of Premises C Reference Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 1784, "Standard Specification for Rigid Poly Vinyl Chloride (PVC) Compounds and Chlorinated Poly Vinyl Chloride (CPVC) Compounds" b. ASTM F 477, "Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe" c. ASTM D 3034; "Standard Specification for Type PSM Poly Vinyl Chloride (PVC) Sewer Pipe and Fittings" d. ASTM F 679, "Standard Specification for Poly Vinyl Chloride (PVC) Large -Diameter Plastic Gravity SewerPipe and Fittings" e. ASTM F 949, "Standard Specification for Poly Vinyl Chloride (PVC) Corrugated Sewer Pipe with a Smooth Interior and Fittings" f. ASTMD 794, "Standard Specification for Poly Vinyl Chloride (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter" g. ASTM D 2241, "Standard Specification for Poly Vinyl Chloride (PVC) Pressure -Rated Pipe (SDR Series)" h. .ASTM D 3212, "Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals" i. 'ASTM D 3139, "Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals" j. ASTM D 2444, "Standard Test Method for Determination for the Impact Resistance of Thermoplastic Pipe and Fittings by Means of a Tup (Falling Weight)" 4/2013 02530-1 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS k. ASTM F 714, "Standard Specification for Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter" 1. ASTM D 2657, "Standard Practice for Heat Fusion Joining and Polyolefin Pipe and Fittings" m. ASTM D 1248, "Standard Specification for Polyethylene Plastics Extrusion Materials for Wire and Cable" n. ASTM D 3350, "Standard Specification for Polyethylene Plastic Pipe and Fittings Materials" o. ASTM D 3681, "Standard Test Method for Chemical Resistance of Fiberglass (Glass -Fiber Reinforced Thermosetting -Resin) Pipe in a Deflected Condition" p. ASTM D 4161, "Standard Specification for Fiberglass (Glass -Fiber - Reinforced Thermosetting -Resin) Pipe Joints Using Flexible Elastomeric Seals" q. ASTM D 3262, "Standard Specification for Fiberglass (Glass -Fiber - Reinforced Thermosetting -Resin) Sewer Pipe" r. ASTM D 3754, "Standard Specification for Fiberglass (Glass -Fiber - Reinforced Thermosetting -Resin) Sewer and Industrial Pressure Pipe" s.. ASTM D 618, "Standard Practice for Conditioning Plastics for Testing" t. ASTM C 828, "Standard Test Method for Low -Pressure Air Test of Vitrified Clay Pipe Lines" u. ASTM C 924, "Standard Practice for Testing Concrete Pipe Sewer Lines by Low -Pressure Air Test Method" v. ASTM F 1417, "Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines Using Low -Pressure Air" 2. American Water Works Association (AWWA) a. AWWA C 900.Polyvinyl Chloride (PVC) Pressure Pipe, 4" — 12" for Water Distribution b.. AWWA C 905 Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters, l4in. Through 36 in. 3. Plastic Pipe Institute (PPI) a. PPI TR3, "Policies and Procedures for Developing Hydrostatic Design Basis (HDB), Pressure Design Basis (PDB), Strength Design Basis (SDB), and Minimum Required Strength (MRS) Ratings for Thermoplastic Piping Materials or Pipe" 4 Texas Commission on Environmental Quality (TCEQ) 5. Texas Administrative Code (TAC) 1.02 MEASUREMENT AND PAYMENT A Measurement of pipe installed at depths 8-feet and less by open cut method is on a linear foot basis, measured and complete in place. Measurement will be taken along the center line of the pipe from center line to center line of manholes, except for pipe in casing or augered installation. B Payment includes sewer pipe, excavation, bedding, backfill and special backfill, shoring, earthwork, connections to existing manholes and pipe, stacks, cleanouts, 4/2013 02530 - 2 of 20 fl CITY OF PEARLAND GRAVITY SANITARY SEWERS accessories, inspection and testing. Depths beyond 8' will be paid by 2 vertical feet increments. Refer to Section 02415 — Augering Pipe or Casing for Sewers for measurement and payment of augered sewer pipe. D Refer to. Section 01200 — Measurement and Payment Procedures. 1.03 SUBNIITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. Submit inspection reports, testing reports, and video tape .of television inspections as directed by Engineer. Submit proposed methods, equipment, materials and sequence of operations for Gravity Sanitary Sewer construction. Plan operations to minimize disruption of utilities tooccupied facilities or adjacent property. 1.04 QUALITY ASSURANCE A Qualifications. Gravity Sanitary Sewer shall be. watertight both in pipe -to -pipe joints and in pipe -to -manhole connections. Perform testing in accordance with this Section and Section 01450 —. Testing Laboratory Services. ' B Regulatory Requirements. 1. Install Gravity Sanitary Sewer to meet the minimum separation distance from any potable water line; as scheduled below. The separation distance is defined as the distance between the outside of the water pipe and the outside of the sewer pipe.. When possible, install new Gravity Sanitary Sewers no closer to water lines than 9 feet in all directions. Where this separation distance cannot be achieved, new Gravity Sanitary Sewers shall be installed as specified in this Section. 2:. Make notification to the Engineer if water lines are uncovered during Gravity Sanitary Sewer installation where the minimum separation distance cannot be maintained. 3. Lay Gravity Sanitary Sewers lines in straight alignment and grade. 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 PRODUCT DELIVERY, STORAGE AND HANDLING A Inspect pipe and fittings upon arrival of materials at the Project Site. 4/2013 02530 - 3 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS B Handle and store pipe materials and fittings to protect them from damage due to impact, shock, shear, or free fall. Do not drag pipe and fittings along the ground. Do not roll pipe unrestrained from delivery trucks. C Use mechanical means to move or handle pipe. Employ acceptable clamps, rope or slings around the outside barrel of pipe and fittings. Do not use hooks, bars, or other devices in contact with the interior surface of the pipe to lift or move lined pipe 2.0 PRODUCTS 2.01 GASKET MATERIAL FOR USE IN POTENTIALLY CONTAMINATED AREAS A Gravity Sanitary Sewer pipes to be installed in potentially contaminated areas, especially where free product is found near the elevation ofthe proposed sewer, shall have the following Gasket Material for the noted contaminants: CONTAMINANT GASKET MATERIAL REQUIRED Petroleum (diesel, gasoline) Nitrile Rubber Other contaminants As recommended by the pipe manufacturer 2.02 POLYVINYL CHLORIDE (PVC) PIPE A Use PVC compounds in the manufacture of pipe that contain no ingredient in an amount that has been demonstrated to migrate into water in quantities considered to be toxic. B Furnish PVC pressure pipe manufactured from Class 12454-A or Class 12454-B virgin PVC compounds as defined in ASTM D 1784. Use compounds qualifying for a rating of 4000 psi for water at 73.4° F per requirements of PPI TR3. Provide pipe which is homogeneous throughout, free of voids, cracks, inclusions, and other defects, uniform as commercially practical in color, density, and other physical properties. Deliver pipe with surfaces free from nicks and scratches with joining surfaces of spigots and joints free from gouges and imperfections which could cause leakage. All pipe used for gravity sanitary sewer shall be green. C Gaskets: 1. Gaskets shall meet the requirements of ASTM F477. When no contaminant is identified, use elastomeric factory -installed gaskets to make joints flexible and watertight. D Lubricant for rubber-gasketed joints: Water soluble, non -toxic, non -objectionable in taste and odor imparted to fluid, non -supporting of bacteria growth, having no deteriorating effect on PVC or rubber gaskets. 4/2013 02530 - 4 of 20 CJTY OF PEARLAND GRAVITY SANITARY SEWERS E PVC Gravity Sanitary Sewer pipe shall be green in color and shall be in accordance with the .provisions in the following table: WALL TYPE MANUFACTURER PRODUCT OPTIONS ASTM DESIGNATION SDR (MAX)/ DIAMETER SIZE RANGE STIFFNESS (MIN.) Solid J-M Pipe CertainTeed Can -Tex Carlon Diamond . Approved D 3034 SDR 26 / PS 115 6" to 15" Approved F 679 SDR 26 / PS 115 18" to 48" Approved AWWA`C900 DR 18 /N/A*** 4" to 12" Approved AWWA C905 DR 18 / N/A*** 14" to 36" Profile* Contech A-2000** Only when included in the Bid Schedule F 949 N/A / 50 psi 12" to 36" ETI Ultra -Rib F 794 N/A / 46 psi 12" to 48" Lamson Vylon F 794 N/A / 46 psi 21" to 48" * Allowed to be used where there are no service taps. * * Allowed to be used to a maximum depth of 10' only. ***For water -sewer separation requirements unless specifically noted in Bid Schedule. F When solid wall 'PVC •pipe 18 inches to 27 inches in diameter is required in SDR 26, provide pipe conforming to ASTM F 679, except provide wall thickness as required for SDR 26 and pipe strength of 115 psi. G For Gravity Sanitary Sewers up to 12 inch diameter crossing over waterlines, or crossing under waterlines with less than 2 feet separation, provide minimum 150 psi pressure -rated pipe conforming to ASTM D 2241 with suitable PVC adapter couplings. H Joints: Spigot and integral wall section bell with solid cross section elastometric or rubber ring gasket conforming to requirements of ASTM D 3212 and ASTM F 477, or ASTM D 3139 and ASTM F 477, shall be provided. Gaskets shall be factory - assembled and securely bonded in place to prevent displacement. The manufacturer shall test a sample from each batch conforming to requirements ASTM D 2444. I Fittings: Provide PVC gravity sanitary sewer bends, tee, or wye fittings for new sanitary sewer construction. PVC pipe fittings shall be full-bodied, either injection molded or factory fabricated. Saddle -type tees, wye fittings, or solvent welds are not acceptable. 2.03 HIGH DENSITY POLYETHYLENE (HDPE) SOLID AND PROFILE WALL PIPE A Provide HDPE pipe as follows and only when listed as a Bid Item: WALL TYPE MANUFACTURER PRODUCT : . OPTIONS AS DESIGNATION PIPE DIAMETER RANGE (INCHES) 8 to 10 STIFFNESS (MIN) Solid Wall Drisco 1000 Drisco 8600, Quail Pipe Approved F 714 115 psi 4/2013 02530 - 5 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS Poly Pipe Plexco B Solid wall pipe shall be produced with plain end construction for heat joining (butt fusion) conforming to ASTM D 2657. Utilize controlled temperatures and pressures for joining to produce a fused leak -free joint. C Pipe and Fittings: High density, high molecular weight polyethylene pipe material meeting the requirements of Type III, Class C, Category 5, Grade P34, as defined in ASTM D1248. Material meeting the requirements of cell classification in accordance with ASTM D 3350 are also suitable for making pipe products under these specifications. D Gaskets: 1. Use gaskets meeting requirement of ASTM F 477. Use gasket molded into a circular form or extruded to the proper section and then spliced into circular form. When no contaminant is identified, use gaskets of a properly cured, high-grade elastomeric compound. The basic polymer shall be natural rubber, synthetic elastomer, or a blend of both. E Lubricant. Use a lubricant for assembly of gasketed joints which has no detrimental effect on the gasket or on the pipe, in accordance with manufacturer's recommendations. F Furnish pipe and fittings that are homogeneous throughout and free from visible cracks, holes, foreign inclusions, or other injurious defects. Provide pipe as uniform as commercially practical in color, opacity, density, and other physical properties. 2.04 CENTRIFUGALLY CAST FIBERGLASS PIPE A Manufacturers 1. Pre -approved manufacturer for centrifugally cast fiberglass pipe is Hobas Pipe USA, Inc. B Materials 1. Resin Systems: The manufacturer shall use only polyester resin systems with a proven history of performance in this particular application. The historical data shall have been collected from applications of a composite material of similar construction and composition as the proposed product. 2. Glass Reinforcements: The reinforcing glass fibers used to manufacture the components shall be of highest quality commercial grade glass filaments with binder and sizing compatible with impregnating resins. 3. Fillers: Silica sand or other suitable materials may be used. 4. Additives: Resin additives, such as pigments, dyes, and other coloring agents, if used, shall in no way be detrimental to the performance of the product nor shall they impair visual inspection of the finished products. 5. Rubber Gaskets: Supply from an approved gasket manufacturer in accordance with ASTM F 477, when no contaminant is identified and suitable for the service intended. Gaskets shall either be affixed to the pipe by means of a 4/2013 02530 - 6 of20 CITY OF PEARLAND LAND GRAVITY SANfrARY SEWERS suitable adhesive or shall be installed in such a manner so as to prevent the gasket from rolling out of the pre-cut groove in the pipe or sleeve coupling. 6. The internal liner resin shall be suitable for service as sewer pipe, and shall be highly resistant to exposure to sulfuric acid as produced by biological activity from hydrogen sulfide gases. Pipe shall meet or exceed requirements of ASTM D 3681. C Pipes 1. Furnish pipes in the diameters specified and within the tolerances specified below. 2. Manufacture pipe by the centrifugal casting process to result in a dense, nonporous, corrosion -resistant, consistent composite structure to meet the operating conditions as shown on the Plans. 3. Do not use stiffening ribs or rings. D Couplings: Unless otherwise specified, the pipe shall be field connected with fiberglass sleeve couplings that utilize elastomeric sealing gaskets as the sole means to maintain joint watertightness. The joints must meet the performance requirements ofASTMD4161. E Fittings: Flanges, elbows, reducers, tees, and other fittings shall be capable of withstanding operating conditions when installed. They may be contact molded or manufactured from miteredsections ofpipe joined by glass fiber reinforced overlays. F Manhole Connections: Provide a water stop flange (wall pipe) for connection to a cast -in -place manhole base or other structure. G Grout Ports: Provide grout ports in the wall of pipe when required. Provide plugs of 316 stainless steel or other corrosion -resistant material compatible with the pipe. Grout port plugs shall be designed and installed to meet the test pressure of the pipe. H Dimensions 1. Diameters: The actual outside diameter of the pipes shall be in accordance with Table 3 of ASTM D 3262 for Gravity Sanitary Sewers, or ASTM D 3754 for force mains. 2. Lengths: The pipe standard length will be approximately 20 feet. A maximum of 10 percent of the lengths, excluding special order pipes, may be supplied in random lengths. 3. Wall Thickness: The minimum average wall thickness shall be the stated design thickness. The minimum single point thickness shall not be less than 90 percent of the stated design thickness. 4. End Squareness: Pipe ends shall be square to the pipe axis. 5. Tolerance of Fittings: The tolerance of the angle of an elbow and the angle between the main and leg of a wye or tee shall be plus or minus 2 degrees. The tolerance on the laying length of a fitting shall be plus or minus 2 inches. I Stiffness Classes 4/2013 02530 - 7 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS 1. Stiffness class of FRP pipe shall satisfy design requirements, but shall not be less than 46 psi, when used in direct bury operation; 36 psi, when installed within a primary tunnel liner. 2. Stiffness class of FRP in a pipe jacking operation shall be govemed either by the ring deflection limitations or by a pipe design providing longitudinal strength required by the jacking method and shall satisfy design requirements stated below. Submit design calculations as required in Paragraph 1.05, Submittals. a. Pipe stress calculations based on jacking loads shall be provided by the pipe supplier. b.° Ring deflection calculations shall conform to design requirements of 30 TAC Chapter 317.20 pertaining to flexible pipe used in Gravity Sanitary Sewers. The pipe deflection calculations shall ensure that predicted deflection will be less than 5 percent under long-term loading conditions (soil prism load) for the highest density of soil overburden and surcharge loads. Deflection on calculations shall be prepared using long-term (drained) values for soil parameters contained in the geotechnical investigation report for the Project, or other site -specific data obtained by the Contractor as approved by the Engineer. J Testing 1. Pipes shall be tested in accordance with ASTM D 3262 or ASTM D 3754, as applicable, except that the factory hydrostatic pressure testing is not required. 2. Joints: Coupling joints shall be qualified per the tests of Section 7 of ASTM D 4161. K Packaging, Handling, and Shipping 1. Packing, handling, and shipping should be done in accordance with the manufacturer's recommendations. L Installation 1. Install pipe and fittings in accordance with requirements of this Section. 2. The manufacturer must supply a suitable qualified field service representative to be present periodically during the installation of pipe. 3. Pipe Bedding: Conform to requirements of Section 02318 — Excavation and Backfill for Utilities. 4. Pipe Handling: Use textile slings. 5. Jointing a. Clean ends of pipe and coupling components. b. Check pipe ends and couplings for damage. Correct any damage found. c. Coupling grooves must be completely free of dirt. d. Apply joint lubricant to pipe ends and rubber seals of coupling. Use only lubricants approved by the pipe manufacturer. e. Use suitable auxiliary equipment, such as a wire rope puller, to pull joints together. 4/2013 02530 - 8 of20 (ft.\ CITY OF PEARLAND GRAVITY SANITARY SEWERS f. Do not exceed forces recommended by the manufacturer for coupling pipe. If excessive force is required, remove coupling, determine source of problem, and correct it. g. In the process of jointing the pipe, do not allow the deflection angle to exceed the deflection permitted by the manufacturer. 6. If pressure grouting of the pipe is conducted as part of a pipe -jacked tunnel installation, seal the grout holes with liner resin to a thickness equal to the pipe liner thickness, or with a threaded plug for that purpose. 7. Tests: Conform to requirements of this Section. 2.05 INSPECTIONS A The Engineer reserves the right to inspect pipes or witness pipe manufacturing. Such inspection shall in no way relieve the manufacturer' of the responsibilities to provide products that comply with the applicable standards and these Specifications. B Manufacturer's Notification to Customer. Should the Engineer wish to witness the manufacture of specific pipes, the manufacturer shall provide the Engineer with adequate advance notice of when and where the production of those specific pipes will take place. C Failure to Inspect. Approval of the products or tests is not implied by the Engineer's decision not to inspect the manufacturing, testing, or finished pipes. 2.06 TEST METHODS. A Conditioning. Conditioning of samples prior to and during tests are subject to approval by the Engineer. When referee tests are required, condition the specimens in accordance with Procedure A in ASTM D 618 at 73.4 degrees F plus or minus 3.6 degrees F (23 degrees C plus or minus 2 degrees C) and 50 percent relative humidity plus or minus 5 percent relative humidity for not less than 40 hours prior to test. Conduct tests under .the same conditions of temperature and humidity unless otherwise specified. B Flattening. Flatten three specimens of pipe, prepared in accordance with Paragraph 2.05A, in a suitable press until the internal diameter has been reduced to 40 percent of the original inside diameter of the pipe. The rate of loading shall be uniform and at 2-inches per minute. The test specimens, when examined under normal light and with the unaided eye,shall show no evidence of splitting, cracking, breaking, or separation of the pipe walls or bracing profiles. C Joint Tightness. Test for joint tightness in accordance with ASTM D 3212, except replace the shear load transfer bars and supports with 6 inch wide support blocks that can be either flat or contoured to conform to the pipe's outer contour. D Purpose of Tests. The flattening and the joint tightness tests are not intended to be routine quality control tests, but rather to qualify pipe to a specified level of performance. 4/2013 02530 - 9 of 20 CITY OF.PEARLAND . GRAVITY SANITARY SEWERS 2.07 MARKING A Mark each standard and random length ofpipe in compliance with these Specifications with the ,following information: 1. Pipe size. 2. Pipe class 3. Production code 4. Material designation 3.0 EXECUTION 3.01 PREPARATION A Employ a Trench Safety Plan as specified in Section 01570 — Trench Safety Systems. B Install and operate dewatering and surface water control measures in accordance with Section 01564 - Control of Ground Water and Surface Water. C Remove existing pavements and structures, including sidewalks and driveways, in conformance with requirements of Section 02220 - Site Demolition, as applicable. 3.02 DIVERSION PUMPING A Install and operate required bulkheads, plugs, piping, and diversion pumping equipment to maintain sewage flow and to prevent backup or overflow. Obtain approval for diversion pumping equipment and procedures from the Engineer. B Design piping, joints and accessories to withstand twice the maximum system pressure or 50 psi, whichever is greater. C No sewage shall be diverted into any area outside of the sanitary sewer. D In the event of accidental spill or overflow, immediately stop the overflow and take action to clean up and disinfect spillage. Promptly notify the Engineer so that required reporting can be made to the TCEQ and the Environmental Protection Agency by the Engineer. 3.03 INSPECTION AND TESTING A Acceptance testing of sanitary sewers including: 1. Visual inspection of sewer pipes 2. Mandrel testing for flexible sewer pipes. 3. Leakage testing of sewer pipes. 4. Leakage testing of manholes. B Performance Requirements: 1. Gravity sanitary sewers are required to have a straight alignment and uniform grade between manholes. 4/2013 02530 - 10 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS 2. Flexible pipe, including "semi -rigid" pipe, is required to show no more than 5 percent deflection. Test pipe no sooner than 30 days after backfilling of a line segment but prior to final acceptance using a standard mandrel to verify that installed pipe is within specified deflection tolerances. 3. Maximum allowable leakage for Infiltration or Exfiltration a. The total exfiltration, as determined by a hydrostatic head test, shall not exceed 50 gallons per inch diameter per mile of pipe per 24 hours at a minimum test head of 2 feet above the crown of the pipe at the upstream manhole or 2 feet 'above the groundwater elevation, whichever is greater. b. When pipes are installed more than 2 feet below the groundwater level, an infiltration test shall be used in lieu of the exfiltration test. The total infiltration shall not exceed 50 gallons per inch diameter per mile of pipe per 24 hours. Groundwater elevation must be at least 2 feet above the crown of the pipe at the upstream manhole. c. Refer to Table 2530-1, Water Test Allowable Leakage, at the end of the Section, for measuring leakage in sewers. Perform leakage testing to verify that leakage criteria are met. 4. Perform air testing in accordance with requirements of this Section and the Texas Natural Resources Conservation Commission requirements. Refer to Table 02530-2, Time Allowed For Pressure Loss From 3.5 psig to 2.5 psig, Table 02530-3, Minimum Testing Times for Low Pressure Air Test, and Table 02530-4, Vacuum Test Time Table, at the end of this Section. C Gravity Sanitary Sewer Quality Assurance: 1. Repair, correct, and retest manholes or sections of pipe which fail to meet specified requirements when tested. 2. Provide testing reports and video tape of television inspection as directed by Engineer. 3. Upon completion of tape reviews by Engineer, Contractor will be notified regarding final acceptance of the sewer segment. D Sequencing and Scheduling: 1. Perform testing as work progresses. Schedule testing so that no more than 1000 linear feet of installed sewer remains untested at any one time. 2. Coordinate testing schedules with Engineer. Perform testing under observation of Engineer. E Deflection Mandrel: 1. Mandrel Sizing. The rigid mandrel shall have an outside diameter (O.D.) equal to 95percent of the inside diameter (I.D.) of the pipe. The inside diameter of the pipe, for the purpose of determining the outside diameter of the mandrel, shall be the average outside diameter minus two minimum wall thicknesses for O.D. controlled pipe and the average inside diameter for I.D. controlled pipe, dimensions shall be per appropriate standard. Statistical or other "tolerance packages" shall not be considered in mandrel sizing. 2. Mandrel Design. The rigid mandrel shall be constructed of a metal or a rigid plastic material that can withstand 200 psi without being deformed. The 4/2013 02530 -11 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS mandrel shall have nine or more "runners" or "legs" as long as the total number of legs is an odd number. The barrel section of the mandrel shall have a length of at least 75 percent of the inside diameter of the pipe. The rigid mandrel shall not have adjustable or collapsible legs which would allow a reduction in mandrel diameter during testing. A proving ring shall be provided and used for modifying each size mandrel. 3. Proving Ring. Furnish a "proving ring" with each mandrel. Fabricate the ring of 1/2 inch thick, 3-inch-wide bar steel to a diameter 0.02 inches larger than approved mandrel diameter. 4. Mandrel Dimensions (5 percent allowance). Average inside diameter and minimum mandrel diameterare specified in Table 02530-5, Pipe vs. Mandrel Diameter, at the end of this Section. Mandrels for higher strength, thicker wall pipe or other pipe not listed in the table may be used when approved by the Engineer. F Exfiltration Test: 1. Water Meter: Obtain a transient water meter from the City for use when water for testing will be taken from the City system. Conform to City requirements for water meter use. 2. Test Equipment: a. Pipe plugs. b. Pipe risers where the manhole cone is less than 2 feet above highest point in pipe or service lead. G Infiltration Test: 1. Test Equipment: a. Calibrated 90 degree V-notch weir. b. Pipe plugs. H Low Pressure Air Test: 1. Minimum Requirement for Equipment: a. Control panel. b. Low-pressure air supply connected to control panel. c. Pneumatic plugs: Acceptable size for diameter ofpipe to be tested; capable of withstanding internal test pressure without leaking or requiring external bracing. d. Air hoses from control panel to: 1) Air supply. 2) Pneumatic plugs. 3) Sealed line for pressuring. 4) Sealed line for monitoring internal pressure. 2. Testing Pneumatic Plugs: Place a pneumatic plug in each end of a length of pipe on the ground. Pressurize plugs to 25 psig; then pressurize sealed pipe to 5 psig. Plugs are acceptable if they remain in place against the test pressure without external aids. I Ground Water Determination: 4/2013 02530 -12 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS 1. Equipment: Pipe probe or small diameter casing for ground water elevation determination. Visual Inspection: . 1. . Check pipe alignment visually by flashing a light between structures. Verify if alignment is true and no pipes are misplaced. In case of misalignment or damaged pipe, remove and re -lay or replace pipe segment. K Mandrel Testing: . 1. Perform deflection testing on flexible and semi -rigid pipe to confirm pipe has no more than 5 percent deflection. Mandrel testing shall conform to ASTM D 3034. Perform testing no sooner than 30 days after backfilling of line segment, but prior to final acceptance testing of the line segment. 2 Pull, the approved mandrel by: hand through sewer sections. Replace any section of sewer. not passing the mandrel. Mandrel testing is not required for stubs. 3. Retest repaired or replaced sewer sections. L Leakage Testing: 1. Test Options: a. Test Gravity Sanitary Sewer pipes for leakage by either exfiltration or infiltration methods, as appropriate, or with low pressure air testing. b.. Test new or rehabilitated sanitary sewer manholes with water or low pressure air. Manholes tested with low pressure air shall undergo a physical inspection priorto testing. c. Leakage testing shall be performed after backfilling of a line segment, and prior to tie-in of serviceconnections. d. . If no installed piezometer is within 500 feet of the sewer segment, Contractor shall provide a temporary piezometer for this purpose. Compensating for Ground Water Pressure: a. Where ground water exists, install a pipe nipple at the same time sewer line is placed. Use a 1/2-inch capped pipe nipple approximately 10 inches long: Make the installation through manhole wall on top of the sewer line where line enters manhole. b Immediately before performing line acceptance test, remove cap, clear pipe nipple with air pressure, and connect a clear plastic tube to nipple. Support tube vertically and allow water to rise in the tube. After water stops rising, measure height in feet of water over invert of the pipe. Divide this height by 2.3 feet/psi to determine the ground water pressure to be used in line testing. 3. Exfiltration test: a. Determine ground water elevation. b. Plug sewer in downstream manhole. c: Plug incoming pipes in upstream manhole. d. Install riser pipe in outgoing pipe of upstream manhole if highest point in service lead (houseservice) is less than 2 feet below bottom of manhole cone. 4/2013 02530 - 13 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS e. Fill sewer pipe and manhole or pipe riser, if used, with water to a point 2-1/2 feet above highest point in sewer pipe, house lead, or ground water table, whichever is highest. f. Allow water to stabilize for one to two hours. Take water level reading to determine drop of water surface, in inches, over a one -hour period, and calculate water loss (1 inch of water in 4 feet diameter manhole equals 8.22 gallons) or measure the quantity of water required to keep water at same level. Loss shall not exceed that calculated from allowable leakage according to Table 02530-1 at the end of this Section. 4. Infiltration test: Ground water elevation must be not less than 2.0 feet above highest point of sewer pipe or service lead (house service). a. Determine ground water elevation. b. Plug incoming pipes in upstream manhole. c. Insert calibrated 90 degree V-notch weir in pipe on downstream manhole. d. Allow water to rise and flow over weir until it stabilizes. e. Take five readings of accumulated volume over a period of 2 hours and use average for infiltration. The average must not exceed that calculated for 2 hours from allowable leakage according to the Table 02530-1 at the end of this Section. 5. Low Air Pressure Test: When using this test conform to ASTM C 828, ASTM C 924, or ASTM F 1417, as applicable, with holding time not less than that listed in Table 02530-2. a. Air testing for sections of pipe shall be limited to lines less than 36- inch average inside diameter. b. Lines 36-inch average inside diameter and larger shall be tested at each joint. The minimum time allowable for the pressure to drop from 3.5 pounds per square inch gauge to 2.5 pounds per square inch during a joint test shall be 10 seconds, regardless of pipe size. c. For pipe sections less than 36-inch average inside diameter: 1) Determine ground water level. 2) Plug both ends of pipe. For concrete pipe, flood pipe and allow 2 hours to saturate concrete. Then drain and plug concrete pipe. 3) After a manhole -to -manhole section of sanitary sewer main has been sliplined and prior to any service lines being connected to new liner, plug liner at each manhole with pneumatic plugs. 4) Pressurize pipe to 4.0 psig. Increase pressure 1.0 psi for each 2.3 feet of ground water over highest point in system. Allow pressure to stabilize for 2 to 4 minutes. Adjust pressure to start at 3.5 psig (plus adjustment for ground water table). Refer to Table 02530-2 at the end of this Section. 5) To determine air loss, measure the time interval for pressure to drop to 2.5 psig. The time must exceed that 4/2013 02530 - 14 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS listed in the Table 02530-2 at the end of this Section for pipe diameter and length. For sliplining, use diameter of carrier pipe. 6. Retest: Any section of pipe which fails to meet requirements shall be repaired and retested. M Test Criteria Tables . . 1. Exfiltration and Infiltration Water Tests: Refer to Table 02530-1, Water Test Allowable Leakage, at the end of this Section. 2. Low Pressure Air Test: a. Times in Table 02530-2, Time Allowed For Pressure Loss From 3.5 psig to 2.5 psig, at the end of this Section, are based on the equation from TCEQ Design Criteria for Sewerage Systems: 317.2(a)(4)(B). T = 0.0850(D)(K)/(Q) Where: T = Time for pressure to drop 1.0 pounds per square inch gauge in seconds K = - 0.000419 DL, but not less than 1.0 D = Average inside diameter in inches L = Length of line of same pipe size in feet Q = Rate of loss, 0.0015 ft3/min./sq. ft. internal surface b. Since a K value of less than. 1.0 shall not be used, there are minimum testing times for each pipe diameter as given in Table 02732-3, Minimum Testing Times for Low Pressure Air Test. Notes: 1. When two sizes of pipe are involved, the time shall be computed by the ratio of lengths involved. 2. Line with a 27-inch average inside diameter and larger may be air tested at each joint. 3. Lines with an average inside diameter greater than 36 inches must be air tested for leakage at each joint 4. If the joint test is used, a visual inspection of the joint shall be performed immediately after testing. 5. For joint test, the pipe is to be pressurized to 3.5 psi greater than the pressure exerted by groundwater above the pipe. Once the pressure has stabilized, the minimum times allowable for the pressure to drop from 3.5 pounds per square inch gauge to 2.5 pounds per square inch gauge shall be 10 seconds. N Leakage Testing for Manholes 4/2013 02530 - 15 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS 1.. After completion of manhole construction, wall sealing, or rehabilitation, but prior to backfilling,-test manholes for water tightness using hydrostatic or vacuum testing procedures. 2. Plug influent and effluent lines, including service lines, with suitably -sized pneumatic or mechanical plugs. Ensure plugs are properly rated for pressures required for test; follow manufacturer's safety and installation recommendations. Place plugs a minimum of 6 inches outside of manhole walls. Brace inverts to prevent lines from being dislodged if lines entering manhole have not been backfilled. 3. Vacuum testing: a. Install vacuum tester head assembly at top access point of manhole and adjust for proper seal on straight top section of manhole structure. Following manufacturer's instructions and safety precautions, inflate sealing element to the recommended maximum inflation pressure; do not over -inflate. b. Evacuate manhole with vacuum pump to 10 inches mercury (Hg), disconnect pump, and monitor vacuum for the time period specified in Table 02530-4, Vacuum Test Time Table. c. If the drop in vacuum exceeds 1 inch Hg over the specified time period tabulated above, locate leaks, complete repairs necessary to seal manhole and repeat test procedure until satisfactory results are obtained. 4. Hydrostatic exfiltration testing shall be performed as follows: a. Sealwastewater lines coming into the manhole with an internal pipe plug. Then fill the manhole with water and maintain it full for at least one hour. b. The maximum leakage for hydrostatic testing shall be 0.025 gallons per foot diameter per foot of manhole depth per hour. c. - If water loss exceeds amount tabulated above, locate leaks, complete repairs necessary to seal manhole and repeat test procedure until satisfactory results are obtained. 3.04 BACKFILL A Backfill and compact soil in accordance with Section 02318 —Excavation and Backfill for Utilities. Backfill the trench in specified lifts only after pipe installation is approved by the Engineer. 3.05 CLEAN UP AND RESTORATION 4/2013 A Perform clean up and restoration in and around construction zone in accordance with Section 01140 - Contractor's Use of Premises. 02530 - 16 of 20 1 f-v.) CITYOF PEARLAND GRAVITY SANITARY SEWERS 3.06 PROTECTION OF 'ME WORK A Maintain gravity sanitary sewer installations in good condition until completion ofthe work. Table 02530-1 • WATER TEST ALLOWABLE LEAKAGE DIAMETER OF RISER OR STACK IN INCHES VOLUME PER INCH OF DEPTH ALLOWANCE LEAKAGE* INCH GALLONS PIPE SIZE IN ` INCHES GALLONS/MINUTE PER 100 FT. 1 0.7854 • .0034 : 6 0.0039 2 3.14.16 . .0136 -8 0.0053 2.5 4.9087 ' ..0212 .10 0.0066 3 7.0686 . _. ..0306 - 12 0.0079 4 12.5664 • .0306 15 - 0.0099 5 19.6350 .0544 18 0.0118 6 28.2743 .1224 21 0.0138 8 50.2655 . . .2176 24 0.0518 27 0.0177 30 ' 0.0197 36 0.0237 42 0.0276 For other diameters, multiply square of diameters by value for 1" diameter Equivalent to 50 gallons per inch inside diameter per mile per 24 hours * Allowable leakage rate shall be reduced to 10 gallons per inch of inside diameter per mile per 24 hours, when sewer is identified as located within the 25-year flood plain. 4/2013 02530 - 17 of 20 CITY OF.PEARLAND GRAVITY SANITARY SEWERS Table 02530-2 ACCEPTANCE TESTING FOR SANITARY SEWERS TIME ALLOWED FOR PRESSURE LOSS FROM 3.5 PSIG TO 2.5 PSIG Pipe Diam (in) Min. Time (min:sec) Length for Min. Time (ft) Time for Longer Length Specification Time for Length (L) Shown (min:sec) 100 ft 150 ft 200 ft 250 ft 300 ft 350 ft 400. ft 450 ft . 500 ft 550 ft 60011 6 5:40 398 0.8548 5:40 5:40 5:40 5:40 5:40 5:40 5:42 6:25. 7:07 7:50 8:33 8 7:33 298 1.5196 7:33 7:33 7:33 7:33 7:36 8:52 10:08 11:24 12:40 13:36 15:12 10 9:27 239 2.3743 927 9:27 9:27 - 9:54 11:52 13:51 15:50 17:48 19:47 21:46 23:45 12 11:20 199 3.4190 11:20 11:20 11-20 14:15 17:06 19:57 22:48 25:39 28:30 31:20 34:11 15 14:10 159 5.3423 14:10 14:10 17:48 22:16 26:43 31:10 35:37 40:04 44:31 48:58. 53:25 18 17:00 133 7.6928 17:00 19:14 25:39 32:03 38:28 44:52 51:17 57:42 .64:06 70:31 76:56 21 19:50 114 10.4708 19:50 26:11 34:54 43:38 - 52:21 61:05 69:48 78:32 87:15 95:59 104:42 24 22:40 99 13.6762 22:48 34:11 45:35 56:59 68:23 79:47 91:10 102:34 113:58 125:22 136:46 27 , 25:30 88 17.3089 28:51 43:16 57:42 72:07 86:33 100:58 115:24 129:49 144:14 158:40 173:05 30 28:20 80 21.3690 35:37 53:37 71:14 89:02 106:51 124:39 14228 160:16 178:05 195:53 213:41 33 31:10 72 25.8565 43:06 64:38 86:11 107:44 129:17 150:50 172:23 193:55 215:28 237:01 258:34 Table 02530-3 MINIMUM TESTING TIMES FOR LOW PRESSURE AIR TEST PIPE DIAMETER (INCHES) MINIMUM TIME (SECONDS) - . LENGTH FOR MINIMUM TIME TIME FOR LONGER LENGTH (SECONDS) (FEET) 6 340 . . . 398 0.855 (L) 8 .454 298 1.520 (L) 10 567 239- 2.374 (L) 12 " 680 199 3.419 (L) 15 850 159 5.342 (L) 18 1020 133 7.693 (L) 21 1190 114 10.471 (L) 24 1360 100 13.676 (L) 27 1530 88 17.309 (L) 30 1700 80 21.369 (L) 33 1870 72 25.856 (L) 4/2013 02530 -18 of 20 civ* (‘k CITY OF PEARLAND GRAVITY SANITARY SEWERS Table 02530-4 VACUUM TEST TIME TABLE DEPTH IN FEET TIME IN SECONDS BY PIPE DIAMETER 48" 60" 72" 4 ' 10 13 16 8 20 26 32 12 30 39 48 16 40 52 64 20 50 65 80 24 - 60 78 96 * - -5.0 - 6.5 8.0 *Add T times for each additional 2-foot depth. (The values listed above have been extrapolated from ASTM C 924-85) 4/2013 02530 - 19 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS Table 02530-5 PIPE VS. MANDREL DIAMETER MATERIAL AND WALL CONSTRUCTION NOMINAL SIZE (INCHES) AVERAGE I.D. (INCHES) MINIMUM MANDREL DIAMETER (INCHES) PVC -Solid (SDR 26) 6 5.764 5.476 8 7.715 7.329 10 9 646 - 9 162 PVC -Solid (SDR 35) 12 11.737 11.150 15 14.374 13.655 18 - 17.629 16.748 21 20.783 19.744 24 23.381 22.120 27 26.351 25.033 PVC -Profile (ASTM F 794) 12 11.740 11.153 15 14370 13.652 18 17.650 16.768 21 20.750 19.713 24 23.500 22.325 27 26.500 25.175 30 29.500 28.025 36 35.500 33.725 42 41.500 39.425 48 47.500 45.125 HDPE-Profile 18 18.000 17.100 21 21.000 19.950 24 24.000 22.800 27 27.000 25.650 30 - 30.000 28.500 36 36.000 34.200 42 42.000 39.900 48 48.000 45.600 54 54.000 51.300 60 60.000 57.000 Fiberglass -Centrifugally Cast (Class SN 46) 12 12.85 11.822 18 18.66 17.727 20 20.68 19.646 24 24.72 23.484 30 30.68 29.146 36 36.74 34.903 42 42.70 40.565 48 48.76 46.322 54 54.82 52.079 60 60.38 57.361 END OF SECTION 4/2013 02530 - 20 of 20 CITY OF PEARLAND HYDROMULCH SEEDING Section 02921 HYDROMULCH SEEDING 1.0 GENERAL 1.01 SECTION INCLUDES A Seeding, fertilizing, mulching, and maintaining areas of commercial, industrial, or undeveloped land disturbed during construction and not paved or designated to be paved, or as indicated on Plans. B References to Technical Specifications: 1. Section 01200 —Measurement and Payment Procedures 2: Section 01350 — Submittals 3. Section 01500 — Temporary Facilities and Controls 4. Section 02910 — Topsoil 5. Section 02255 Bedding,-Backfill; and Embankment Materials 6. Section 01140 — Contractor's Use of Premises 1.02 MEASUREMEN AND PAYMENT A Measurement for hydromulch seeding is on a per acre basis, measured and complete in place. B Payment for hydromulch seeding shall include all labor, materials, equipment, and preparation necessary for application and maintenance. C No payment shall be made for hydromulch seeding used in restoration of areas disturbed by Contractor outside the limits of construction. D ' Refer to Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit certification from supplier that each type of ' seed conforms to these specification requirements and the requirements of the Texas Seed Law. Certification shall accompany seed delivery. C Submit a certificate stating that fertilizer complies with these specification requirements and the requirements of the Texas Fertilizer Law. 1.04 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall' ' conduct all construction operations under this Contract in conformance' with the practices described in Section 01500 — Temporary Facilities and Controls. 07/2006 02921-1 of 4 CITY OF PEARLAND HYDROMULCH SEEDING 2.0 PRODUCTS 2.01 MATERIALS A Topsoil: Conform to material requirements of Section 02910 - Topsoil. B Bank Sand: Conform to material requirements of Section 02255 — Bedding, Backfill, and Embankment Materials. C Seed: Conform to U.S. Department of Agriculture rules and regulations of the Federal Seed Act and the Texas Seed Law. Seed shall be certified 90 percent pure and furnish 80 percent germination and meet the following requirements: 1. Rye: Fresh, clean, Italian rye grass -seed (lollium multi-florum), mixed in labeled Proportions. As tested, minimum percentages of impurities and germination must be labeled. Deliver in original unopened containers. 2. Bermuda: Extra -fancy, treated, lawn type common bermuda (Cynodon dactylon). Deliver in original, unopened container showing weight, analysis, name of vender, and germination test results. 3. Wet, moldy, or otherwise damaged seed will not be accepted. D Fertilizer: Dry and free flowing, inorganic, water soluble commercial fertilizer, which is uniform in composition. Deliver in unopened containers which bear the manufacturers guaranteed analysis. Caked, damaged, or otherwise unsuitable fertilizer will not be accepted. Fertilizer shall contain minimum percentages of the following elements: Nitrogen: 10 Percent Phosphoric Acid: 20 Percent Potash: 10 Percent E Mulch: Virgin wood cellulose fibers from whole wood chips having a minimum of 20 percent fibers 0.42 inches (10.7 mm) in length and 0.01 inches (0.27 mm) in diameter. Mulch shall be dyed green for coverage verification purposes. F Soil Stabilizer: "Terra Tack" 1 or approved equal. G Weed control agent: Pre -emergent herbicide for grass areas, "Benefin" or approved equal. 3.0 EXECUTION 3.01 PREPARATION A Do not start or perform work under conditions that are not satisfactory to perform tasks due to inclement or impending inclement weather. B After the areas to receive hydromulch seeding have been brought to grade, rake out any foreign organic or inorganic material, including stones, hard clay lumps, and other debris. 07/2006 02921 - 2 of 4 CITY OF PEARLAND HYDROMULCH SEEDING C Level with Bank Sand or Topsoil, as approved by the Engineer. D Loosen the subgrade by discing or by scarifying to a depth of at least 4 inches. E Place and compact a layer of topsoil in accordance with requirements of Section 02910 — Topsoil. F Surface of topsoil shall be smooth and free of weeds, rocks, and other foreign material immediately before applying hydromulch seeding. 3.02 APPLICATION A Seed: Apply uniformly at the following rates for type of seed and planting date: TYPE APPLICATION RATE POUNDS/A PLANTING DATE Hulled Common Bermuda Grass 98/88 Unhulled Common Bermuda Grass 98/88 40 40 Jan 1 to Mar 31 Hulled Common Bermuda Grass 98/88 40 Apr 1 to Sep 30 Hulled Common Bermuda Grass 98/88 40 Unhulled Common Bermuda Grass 98/88 40 Oct 1 to Dec 31 Annual Rye Grass (Gulf) 30 B Fertilizer. Apply uniformly at a rate of 500 pounds per acre. C Mulch: Apply uniformly at a rate of 50 pounds per 1000 square feet. D Soil stabilizer: Apply uniformly at a rate of 40 pounds per acre. E Weed control agent: Apply at manufacturer's recommended rate prior to Hydromulching. F Suspend all operations under conditions of drought, excessive moisture, high winds, or extreme or prolonged cold. Obtain the Engineer's approval before resuming operations. 3.03 MAINTENANCE A Maintain grassed areas by watering, fertilizing, weeding, and trimming as required to establish and sustain 70% acceptable vegetative cover. B For areas seeded in the fall, continue maintenance the following spring until an acceptable lawn is established. 3.04 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. 07/2006 02921 - 3 of 4 CITY OF PEARLAND HYDROMULCH SEEDING 3.05 PROTECTION OF THE WORK A Protect and maintain grassed areas a minimum of 90 days, or as required to establish an acceptable lawn. B Once a lawn is established, protect and maintain it until completion of the Work. C Replace seeded areas damaged by Contractor's operations at no cost to Owner. END OF SECTION 07/2006 02921 - 4 of 4 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 :Section Includes: 1. 2. 3. Portable "laptop" computer work -station.. One or more internet access workstations. Computer operating system and application software. 1.3 DEFINITIONS . CPU: Central processing unit. ..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. D 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. PDF: Portable Document Format. The file format used by the Acrobat document -exchange- system software from Adobe. RAS: Remote access services. RF: Radio frequency. ROM: Read-only memory. ROM data are maintained through losses of power: 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 OFPEARLAND 2. COMPUTER EQUIPMENT Store in temperature- and humidity -controlled environment in original manufacturer's sealed containers.: Maintain ambient temperature between 50 and 85 deg F, andnot more than 80 percent relative humidity, non -condensing.: : Open each container; verify p fY contents:against: packing list; and file copy of packing list; complete with container identification. 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 berated 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 Manufacturers: Subject to compliance with requiremen s, 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 Processor:: Memory: Keyboard: Keyboard: Keyboard: Video Card: Hard Drive: 12-2- 2011 ATG (225-0702):. Intel Core i5-2540M, 2.60GHz, 3MB Cache, Dell Latitude E6X20 (317-5995) 4.0GB, DDR3-1333MHz SDRAM, 2 DIMIVI, 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) 13730-3 CITY OF PEARLAND COMPUTER EQUIPMENT NO Internal Fingerprint Reader and NO contactless smartcard reader, Dell Latitude Hard Drive Controller: E6420 ATG (331-2714) Floppy Disk Drive: 14.0 in HD(1366x768) Anti -Glare LED, Dell Latitude E6420. ATG (320-2141) Floppy Disk Drive: LCD Cover, No Touchscreen, Dell Latitude E6420 ATG (318-0510) Operating System: Genuine Windows :7 Professional, 64-bit, No Media, Latitude, English (421-8067) Modem: No Modem, Dell Latitude E (331-1221) TBU: 90W 3-Pin, AC Adapter, Dell Latitude E (331-1719) TBU: US - 3 foot Flat Power Cord, Dell Latitude (330-4016) CD-ROM or DVD-ROM 8X DVD+/-RW Bezel, Dell Latitude E6320/E6420/E6520/ATG (318-0466) Drive: Software: Software: Sound Card: Processor Cable: Documentation Disk- ette: Bundled Software: Bundled Software: Feature 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) Feature Carrying Handle, Latitude E6420 ATG (331-1713) Service: Dell Limited Hardware Warranty Plus Service ExtendedYear(s) (934-9528) Service: Dell Limited Hardware Warranty Plus Service Initial Year (929-3587) Service: Service: ProSupport: Next Business Day Year Extended (927-0034) Limited Onsite Service After Remote Diagnosis.4 ProSupport: Next Business Day Limited Onsite Service After Remote Diagnosis Ini- tial Year (951-4140) Service: ProSupport : 7x24 Technical Support, 4 Year Extended (928-8134) Service: ProSupport : 7x24 Technical Support, Initial (956-5210) Support: Accidental Damage Service, 5 Year (927-0184) Support: Info, Complete Care (988-7689) 12-2-2011 13730 - 4 COMPUTER EQUIPMENT 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 Professional:64bit,MUI,De11 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) 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 payitem 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 computer with intemet access at this location and request Invoice Computer Equipment line item in first 50% of Mobilization. END SECTION: 12-2- 2011 13730 - 5 • DE;1\ -4' DUN H A M ENGINEERING Inspection. Design. Results. TECHNICAL SPECIFICATIONS CITY OF PEARLAND, TEXAS SOUTHDOWN WATER PLANT TWO GROUND WATER STORAGE TANKS REHABILITATION PROJECT �,1*..:...•MY D.DUNHAM CL, .)�y li c S << JtEPA .............................. H r' BY:��,�, 1 `••• R <9:.&r DUNHAMtING,INC. TEXAS REGISTRATION NO. F-2253 12815 FM 2154,SUITE 150 COLLEGE STATION,TEXAS 77845 www.Dunha mEngineering.com (979) 690-6555 JULY 2015 Ownership of Documents:This document and the ideas and designs incorporated herein, as an instrument of professional service,is the property of Dunham Engineering, Inc. and is not to be used,in whole or in part for any project without the written authorization of Travis Tatum, P.E. 111* . .y ' - t ICE LAND TABLE OF CONTENTS SECTION DESCRIPTION NUMBER SW Summary of Work SC Special Conditions APPENDIX Drawings Report of Inspection 0.50 MG Welded Steel Tank @ Southdown WP Report of Inspection 0.135 MG Bolted Steel Tank @ Southdown WP TECHNICAL SPECIFICATIONS INTERIOR REHABILITATION OF GROUND STORAGE TANKS AT SOUTHDOWN WATER PLANT SUMMARY OF WORK 1. SCOPE OF CONTRACT The City of Pearland of Pearland, Texas has two (2) water storage tanks that are to be partially rehabilitated and re -coated under the terms of this contract. The tanks are further described below: • 0.50 MG welded -steel water storage tank @ Southdown Water Plant • 0.135 MG bolted -steel water storage tank @ Southdown Water Plant General information on the tanks is provided at the end of this document in the Engineer's Reports of Inspection. Generally, the interior protective coatings will be replaced and miscellaneous repairs will be made. The specific repairs and repainting required are outlined in this Section. The existing protective coatings contain less than 1% lead. Per TCEQ containment for lead abatement to protect the environment during blasting is not required. Containment is not required, but Contractor is responsible for not creating a nuisance. Contractor is responsible for worker protection, and testing and proper disposal of all waste. It shall be the responsibility of the bidders to carefully inspect the site and all pertinent parts and devices on the tank to ascertain the quantity of surface preparation, necessary repairs, and coating required to dean the tank properly, coat, repair, and place them back into operation in accordance with these contract specifications. The information on the tank provided in the Engineer's Report of Inspection is general in nature and should not be relied upon to determine bid quantities or other bidding factors. The Contractor shall use the materials specified, or materials of another manufacturer that are deemed equal in the opinion of the Engineer to the materials specified. The quality of the specified materials shall be the standard of quality specified. All interior paint will conform to Standard 61 of the National Sanitation Foundation (NSF) and will be on the NSF approved list of inside finish materials. In the event the Contractor desires to substitute the products of another manufacturer, he shall apply to the Engineer in writing at least fourteen (14) days prior to the bid date requesting substitution, and shall furnish with his request complete descriptive materials on the products. All references below to SSPC- SP 1, 2, 3, 6, 7 & 10 refer to surface preparation and cleaning of steel surfaces, and all references to PA-1 & 2 refer to good painting and testing practices for steel surfaces as defined by the Society for Protective Coatings (SSPC). 2. PRODUC1b A. All abrasive material used in the removal of protective coating systems shall be silica free and low dust producing. Materials such as garnet and Green Diamond are permitted. Abrasives derived from coal or petroleum products that leave an oily residue on the surface of the steel are not permitted. Metallic abrasives are not permitted. Submit abrasive selection for approval. B. All paints, thinners and associated products used in the application of the protective coating systems will be manufactured by TNEMEC Company of Kansas City, Mo., unless an another approved coating system is selected as provided for in Paragraph 1- Scope of Contract or Paragraph 10 - Other Apprvoed Coating Systems. The determination of equal products will be made by the Engineer based on performance in salt fog, adhesion, humidity and other objective tests under ASTM or comparable standards. 3. REPAIR II EMS OF WORK All welding repairs must be completed before any paint is applied to the structure. All interior and exterior surfaces must be blasted and primed, and any additive repairs made, before any intermediate or finish coats may be applied to the structure. All appurtenances, supports and steel members shall be constructed of A36 mild carbon steel unless otherwise specified, and be in accordance with AWWA D100, AISC 13th Edition, and TCEQ Chapter 290. All welding shall be in accordance with AWS Structural Welding Code D1.1 and these Specifications. Repair Items of Work for 0.50 MG GST: (1) Replace nuts, bolts and gasket in existing manways. Use stainless steel hardware and neoprene gasket material. (2) Replace roof vent with 24" vent per Detail in Drawings Section. (3) Replace interior ladder with ladder per Detail in Drawings Section. (4) Repair existing leak at junction of floor and igloo style manway. Blast clean corroded area to determine leak location and then back gouge or back grind detected pin hole 6" each side of leak and then repair by SMAW procedures. 2 (5) Weld approx. 25 sq. in. of deep pit repair in interior of tank as required and directed by Engineer (each pit =1 sq. in.). Provide and install one gallon of 100% solids Tnemec Series 250 Pit Filler to repair shallow pits in interior. (6) Touch-up exterior coating defect noted in report, and any exterior coating damaged by repairs or coating operations. Exterior coating touch-ups shall utilize the following coating system: a. Power tool clean damaged areas per SSPC SP3. All rust shall be removed. All other materials not tightly adhered shall be removed. A suitable angular profile shall be established prior to coating. b. Prime coat TNEMEC Series 20 or 66 polyamide epoxy applied at 4-6 mils DFT. c. Finish coat TNEMEC Endura-Shield II Series 1074U polyurethane applied at 2-3 mils DFT. d. Minimum exterior system thickness required is 8.0 mils DFT per SSPC PA2. Each succeeding coat of paint will vary from the preceding in color so as to be able to verify coverage. Color of finish coat shall be selected by Owner after Contractor submits TNEMEC color choices chart. Repair Items of Work for 0.135 MG GST: (1) Replace nuts, bolts and gasket in existing manways. Use galvanized steel hardware and neoprene gasket material. (2) Screen roof vent per TCEQ Chapter 290. Use No. 16 fiberglass mesh and secure with fiberglass bands, top and bottom. (3) Seal interior bolted seams in lower two (2) rings of steel with TNEMEC Series FC22 100% solids epoxy. Apply FC22 AFTER prime coat has been applied. (4) Power tool dean and apply cold galvanizing to isolated rusted areas on exterior of tank, and isolated interior areas above the HWL. Cold galvanizing products must meet ASTM A-780 Standard. Include one case of cold galvanizing products in base bid. (5a) Install new concrete floor on top of existing bolted steel floor. The contractor will provide freshly mixed concrete supplied from a local concrete ready -mix firm in accordance with ACI 318 Building Code for Structural Concrete. (5b) Place 4" thick x approx. 27' diameter concrete floor on top of existing steel floor utilizing 3,000 psi compressive strength with 41/2 sack cement with 4" - 6" slump concrete. No reinforcing steel is required. Approx. 7 cubic yards of 3 concrete required. Submit design mix from concrete supplier for Engineer approval. No form work is required. The walls of the tank will serve as side wall forms. No expansion joints are required. Concrete must be poured in one continuous pour with no cold joints allowed. (5c) Screed top of concrete to level surface with no material blocking existing water pipes on tank walls. No edge preparation is required. Leave surface of concrete with smooth finish. No broom or float finish is required. (6c) Seal edge of concrete to wall with two coat Tnemec system with prime coat of Series 20 epoxy followed by one coat of Series 265 seam sealer. 4. REPAIR OF PITS & PRIOR CORROSION DAMAGE After abrasive blast cleaning, Engineer's Field Representative will inspect the steel surface to determine the repair procedure. The repairs may be made by using epoxy paste or by welding as directed by the Engineer' Field Representative. Those pits deeper than 1/8" will be repaired by welding. Pits less than 1/8" deep will be repaired with epoxy paste. Epoxy paste shall be applied after the zinc rich primer has been applied per the appropriate coating specification in this document. Repair all deep pits by welding pit flush with surface of tank. Repair all shallow pits by filling with 100% solids epoxy Tnemec pit filler. Assume 25 deep pits to be repaired by welding, and 1 gallon of epoxy pit filler to repair shallow pits in base bid. Additive bid item shall be utilized if additional repairs are required: Additive Bid Item: Repair by welding up to 50 holes or corrosion damaged areas up to 6" in diameter, after abrasive blast leaning. Areas shall be repaired by welding 1/4" thick (3/16" is acceptable if repair is above the HWL) steel plates to the tank per AWS D1.1. Blast and paint entire area affected by repair according to the appropriate coating specification in this document. Repairs shall be authorized by Engineer's Field Representative as needed. Work shall be performed on a unit price basis. 5. PROTECTIVE COATING REPLACEMENT All coating operations shall be performed in accordance with SSPC PA-1, SSPC PA-2, AWWA D102 and these Specifications. Contractor shall use care to properly protect all sensitive electronic and communications equipment during blasting and painting operations. 4 A. Interior Surface Area Preparation&Coating: (1) The work covered by this part of the specification indudes painting the entire interior surface areas of the structure. This includes but is not limited to all ladders,platforms and interior piping. The Contractor shall furnish all materials required for the painting and shall install them in accordance with the manufacturer's written directions and these specifications. (2) Abrasive blast clean all interior surfaces to SSPC SP-6 commercial blast standard.This indudes the rafters,columns,beams,ceiling plate,walls, floor and interior piping. A suitable angular anchor profile of at least 2.0 mils as determined by Test-Tex strips shall be established. (3) Remove all blast debris from tank and inspect the interior surface area for pits and soluble salt contamination. Soluble iron salt concentration, chloride concentration AND conductivity must be measured via test strips and a conductivity meter in accordance with the manufacturer's instructions. Submit testing method and equipment to Engineer for approval. (4) Repair deep pits by welding (welded steel tanks only). Shallow pits shall be repaired with 100% solids epoxy paste after zinc-rich primer is applied. (5a)If soluble iron salt or chloride concentration is above 10 µg/cm2;or conductivity is above 100 µS/cm,pressure wash per SSPC SP-1 all blast cleaned areas to reduce soluble salt content to less than the above limits. (Additive Bid Item). (5b)When soluble salt concentrations and conductivity are below the limits set in 5a above,install desiccant dehumidification equipment and abrasive blast dean all interior surfaces including areas above HWL to near-white standard per SSPC SP-10. Dehumidification equipment must remain operational and running from time the near-white blast commences and run 24 hours per day until five days after the final coat of paint is applied. The unit must control the environment to keep the air inside the tank at less than 50% relative humidity at all times. Minimum desiccant dehumidification equipment required is an HC-4500 desiccant with 30 KW generator as supplied by DH Technologies or equal. Dehumidification equipment may be rented from DH Technologies at 713- 384-9180. 5 (6) Apply following NSF approved coating system to all interior surfaces of Welded Steel Tank: Prime coat: Tnemec Series 94 H2O Hydro -Zinc at 2.5-3.5 mils DFT. Stripe coat: Tnemec Series 20 thinned as much as allowable and brushed into all welds and along all edges. Intermediate and Finish coats: Tnemec Series 20 applied at 4 - 6 mils DFT each coat. Minimum thickness required is 12 mils DFT per SSPC PA-2. Each succeeding coat of paint will vary from the preceding in color so as to be able to verify coverage. Color of finish coat of paint shall be Tnemec Tank White. (7) Apply following NSF approved three coat system of polyamide epoxy to all interior surfaces of Bolted Steel Tank. Coating shall extend 1' above HWL. Ceiling and rafters shall NOT be blasted and coated with interior coating system. Prime coat TNEMEC Series 20 thinned as much as allowable and applied at 4 - 5 mils DFT. Stripe coat TNEMEC Series 20 thinned as much as allowable and brushed into all bolted seams and along all edges. Intermediate and Finish coats: TNEMEC Series 20 applied at 4 - 5 mils DFT each coat. Minimum thickness required for the total system is 12 mils DFT. Each succeeding coat of paint will vary from the preceding in color so as to be able to verify coverage. Color of finish coat of paint shall be TNEMEC Tank White. (8) For welded steel tanks, apply TNEMEC Series FC22 to all interior un- welded seams including rafters and ceiling plates. For bolted steel tank, apply FC22 to all bolted seams in the lower two shell courses. B. General Provisions for Interior Paint Systems: During and after final application of each coating, all metal surfaces shall be checked with appropriate wet and dry mil gauges to ensure that the required thickness of coating is being obtained. The Contractor shall provide a set of standards with the gauge so that accuracy can be checked. After the paint thickness meets these specifications and has cured for at least five days, the Contractor shall test the entire surface of the paint system for holidays with a low voltage wet sponge detector in accordance with NACE SP0188. Holidays shall be marked and reworked until no further holidays appear. After all holiday checking is complete, the point of ground connection shall be carefully coated. Each coat shall be sprayed on in accordance with the manufacturer's recommendations. Rolling interior paint is not permitted. The type of spray nozzle, the fluid pressure at the gun, the distance from the gun to the surface being painted and the speed of travel of the gun shall be as recommended by the manufacturer. Thinning shall be done as recommended. All paint in the fluid pot and lines shall be cleaned out with thinner before application of the paint is begun. The thinner may be used also for cleaning the painting equipment at the end of each day's operations. Each coat shall be dry to touch before the next coat is applied. Follow the manufacturer's directions explicitly. All interior coating shall be uniform in color, thickness and appearance and be free of runs drips and sags. The Contractor is cautioned that small amounts of paint are intoxicating and large amounts tend to be toxic. The Contractor shall make provisions to keep the tank well ventilated during the spraying and drying operation to protect the personnel and to facilitate drying of the coating by solvent evaporation. During the actual spraying operations, all personnel within the tank shall be furnished with either an appropriate respirator or source of external air such as a compressed air line to a sandblasting head mask. All appropriate safety precautions shall be taken. C. Exterior Area Surface Preparation & Coating: (1) Exterior painting is NOT required except as noted in repair items above. D. General Provisions for Exterior Paint Systems Each coat shall be sprayed or rolled on in accordance with the manufacturer's recommendations and these specifications. The type of spray nozzle, the fluid pressure at the gun, the distance from the gun to the surface being painted and the speed of travel of the gun shall be as recommended by the manufacture. Thinning shall be done as recommended. All paint in the fluid pot and lines shall be cleaned out with thinner before application of the paint is begun. The thinner may be used also for cleaning the painting equipment at the end of each day's operations. 7 ra-\ All sharp edges, weld seams, nuts, bolts and other items difficult to coat shall receive a brush applied coat of the specified epoxy coating thinned as much as allowable in accordance with the manufactures direction liberally worked in after prime coating and prior to the second coat of paint. During and after final application of each coating, all metal surfaces shall be checked with appropriate wet and dry mil gauges to insure that the required thickness of coating is being obtained. The Contractor shall provide a set of standards with the gauge so that accuracy can be checked. Each coat shall be dry to touch before the next coat is applied. Follow the manufacturer's directions explicitly. All exterior coating shall be uniform in color, thickness and appearance and be free of runs drips and sags. 6. CLEANING INSIDE OF TANK The tanks will be drained and the Contractor will be responsible for cleaning any accumulated sand and silt prior to start of work. All material used in the blasting operations, sediment in the tank, rust, paint and scale accumulated from the cleaning operations and all other material in the tanks, shall be removed from the tank by the Contractor and properly disposed of. 7. DISINFECTING & FILLING TANK The disinfection of the tank is the responsibility of the Contractor. The Contractor shall use chlorination methods as specified in AWWA C652. The Owner will fill the tank and perform bacteriological testing. The Contractor shall ensure the tank is water -tight and perform any maintenance necessary to make tank water -tight and in compliance with all TCEQ Chapter 290 Rules and Regulations prior to vacating the site. If the BAC- T sample fails, the Contractor will disinfect the tank again. Job is not substantially complete until ALL tanks pass bacteriological testing and are in compliance with TCEQ Chapter 290. 8. GUARANTEE AND CLEANUP The Contractor shall guarantee to the Owner for a period of one (1) year the tanks and appurtenances from the date of final inspection and acceptance to the extent that he will repair any defects which may appear in the structures due to faulty painting, repairs or other work. In addition, it shall be the responsibility of the Contractor to meet with the Engineer and inspect the tank eleven and one-half (111/2) months from the date of the final acceptance to determine whether the tanks are still in a serviceable condition and then correct all deficiencies under the warranty. Upon completion of all work, the Contractor shall remove all surface materials and rubbish and dispose of in accordance with directions of the Engineer. He shall repair all damage caused by his workers and shall leave the premise in a clean and orderly condition equal to that of when he found it. 9. INSPECTION A. The Engineer's Field Representative will perform quality assurance inspections of the contractor's work on a hold -point basis. The Contractor is required to perform his own quality control. B. No work will progress beyond the designated hold -point until approved by Engineer's Field Representative. C. The following hold -points are designated: (1) All welding repairs completed prior to painting. (2) Reinforcement and forms properly installed prior to placing concrete (if required) (3) Containment erection completed. (4) Surface contaminants removed (if required). (5) Blast profile obtained and degree of blast completed (6) Prime coat completed. (7) Stripe coat completed. (8) Intermediate coat completed. (9) Finish coat completed. (10) Holiday detection test of interior completed. (11) Cure test of interior completed. D. The Contractor is required to coordinate with the inspector and to provide 24 hour notice to request a hold -point inspection. Hold -point inspections shall not be scheduled during weekends or Federal Holidays. E. The Contractor shall submit daily weather and progress reports, including anticipated work schedule for the next 7 days, to Engineer & Engineer's Field Representative via email. F. The Contractor is responsible for providing safe rigging to gain access to all work areas to be inspected. All rigging must conform to OSHA Standard 1910. G. The Contractor is responsible for providing recommended lighting per SSPC Technology Guide 12 to illuminate the work and inspection areas. H. If the Contractor does not provide adequate lighting or safe rigging to properly inspect the work, the inspection will be postponed until such time as the Engineer can schedule an inspection to determine if the work may progress beyond the hold -point. 10 OTHER APPROVED COATING SYSTEMS Contractor may provide pricing for the following coating systems: A. Interior coating system: Interior prime coat Sherwin-Williams Corothane I Galvapac Zinc or Induron Indurazinc MC 67 applied at 2.5 - 3.5 mils DFT. Replace with intermediate coat material for bolted steel tank. Interior stripe coat Sherwin-Williams Macropoxy 646 PW or Induron PE 70 thinned as much as allowable and brushed into all welds and along all edges. Interior intermediate & finish coats: Sherwin-Williams Macropoxy 646 PW or Induron PE 70 applied at 4.0 to 6.0 mils DFT each coat. Interior seam sealer & pit filler: Sherwin- Williams Steel Seam FT 910 or Induron Aquatapoxy A-6. Total interior system thickness must be 12.0 mils DFT minimum. B. All contractors must provide pricing based on the TNEMEC coating systems in the base bid. Other approved coating system pricing, if provided, will be shown on the Bid Schedule as an ADD or DEDUCT to overall base bid. C. The Owner will decide which coating system(s) to accept. 10 SPECIAL CONDITIONS 1. GENERAL The provisions of this section of specifications shall govern in the event of any conflict between them and the "General Conditions of Agreement". 2. ENGINEER The word "Engineer" in these specifications shall be understood as referring to Dunham Engineering, Inc. of College Station, Texas, Engineer of the Owner. 3. OWNER All references to OWNER in these documents refer to City of Pearland, of Pearland, Texas. 4. EXAMINATION OF SITE OF PROJECT Prospective bidders shall make a careful examination of the site of the project, climatic conditions to be encountered, improvements to be performed, disposal sites for surplus materials, and as to method of providing ingress and egress to any private properties, and methods of handling traffic during construction of the entire project. 5. . QUALIFICATION OF LOW BIDDER Before being awarded a contract, the apparent low, responsive and responsible bidder shall submit such evidence as the Engineer may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe, environmentally sound and satisfactory manner. Before being awarded the contract, the Contractor must identify the foreman intended to be assigned to the project. Once approved by the Engineer, the foreman may not be removed from the job unless approved in writing by the Engineer. This specifically precludes the foreman supervising more than one jobsite and specifically requires that the foreman be on the jobsite 100% of the time when work is being performed. If the foreman leaves the jobsite for any reason, work must cease. 1 6. TIME ALLOWED FOR COMPLETION Time allotted for the completion of all items of work shall be one hundred twenty (120) days, which time shall begin on the tenth (10) day after the issuance of the Work Order. The Work Order shall consist of a written request by the Engineer for the Contractor to proceed with the construction of the project. 7. LIQUIDATED DAMAGES FOR DELAY The Contractor agrees that time is of the essence for this contract, and that for each calendar day of delay beyond the number of calendar days herein agreed upon for the completion of the work herein specified and contracted for (after due allowance for any extension of time as may be granted pursuant to the General Conditions of Agreement) the Owner may withhold, permanently, from the Contractor's total compensation, the sum of Two Hundred Fifty ($250.00) Dollars per calendar day as liquidated damages for such delay. Owner and Contractor recognize that time is of the essence and that Owner will suffer financial loss if the work contemplated in this Project is not completed within the time specified plus any extensions allowed in change orders granted pursuant to the General Conditions. Owner and Contractor recognize the delays, expenses and difficulties involved in proving the actual loss suffered by Owner if the work to be completed in the Project is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner Two Hundred Fifty Dollars ($250.00) per calendar day for each day that expires after the time specified herein for completion of the work. 8. ADDENDA Bidders desiring further information or interpretation of the plans or specifications must make request for such information to the Engineer in writing, prior to seven (7) days before the bid opening. Answers to all such requests will be given in writing to all bidders, in addendum form, and all addenda will be bound with, and made a part of, the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omission from, the plans, specifications, or other contract documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in writing in order that a written addendum may be sent to all bidders. Any addenda issued prior to five (5) days of the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. Any addenda issued within five (5) days of bid opening will be faxed or overnight mailed to each prospective bidder. The proposal as submitted by the Contractor will be so constructed as to include any addenda, if such are issued by the Engineer prior to five (5) days of the opening of bids. 2 9. REFERENCE SPECIFICATIONS Where reference is made in these specifications to specifications compiled by other agencies, organizations or departments, such reference is made for expediency and standardization from the material supplier's point of view, and such specifications referred to are hereby made a part of these specifications as if fully written out herein. Whenever reference is made to the furnishing of materials for testing thereof to conform to the standards of any technical society, trade organization, or regulatory body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the time of advertisement for bids, even though reference has been made to an earlier standard, and such current standards are made a part hereof to the extent which is indicated or intended. Referenced standards shall include all comments and best practices indicated in the Standard, even if not specifically required by the Standard. In the event the Referenced Specification conflicts with the Project Specification, the Project Specification shall govern. 10. PROJECT MAINTENANCE The Contractor shall maintain and keep in good repair the improvements covered by these plans and specifications during the life of the contract. Existing improvements at the project location shall at all times be protected by the Contractor during the construction specified herein. All such prior existing improvements shall be left in a condition equal or better to that prior to the start of construction. 11. FENCES, DRAINAGE CHANNELS AND SURPLUS EXCAVATION Boundary fences or other improvements temporarily removed to permit this construction shall be replaced in the same location and left in a condition as good or better than that in which they were originally found. 12. DISPOSAL OF WASTE The Contractor is responsible for testing and disposal of all waste products associated with the project. 13. CLEANUP 1. During Construction - The Contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site, when it becomes objectionable, in the opinion of the Engineer or Owner. 3 2. Final - Upon completion of the work the Contractor shall remove from the site, all plant, materials, tools and equipment belonging to him, and leave the site with an appearance acceptable to the Engineer. 14. LIGHTS AND POWER The Contractor shall provide temporary lighting and facilities required for the proper execution and inspection of the work in accordance with SSPC Guide 12. Electrical power for lighting and hand tools is available on site at no cost to the Contractor. All air compressors shall be engine driven. 15. COPIES OF PLANS AND SPECIFICATIONS FURNISHED Three (3) sets of the Plans and Specifications shall be furnished without charge to the Contractor for construction purposes. 16. COMPENSATION, PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE Each and every Contractor performing work at the site will not commence work until he has secured all the required insurance. This also applies to all sub -contractors who will be working on the site. Coverage to be carried is shown in Paragraph 10, Instruction to Bidders, Section II. 17. PORTABLE TOILET FACILITIES The Contractor shall provide portable toilet facilities when workers are present 18. PARTIAL PAYMENTS In accordance with the General Conditions (Application for Progress Payment), the end of the month is established as the progress payment date and the amount of retainage will be five percent (5%). Contractors that submit requests for progress payments prior to the end of the month will receive payment less 5% retainage for that month's progress by the end of the following month. All retainage will be paid on the final payment Contractor's affidavit of bills paid must be submitted with request for final payment. 19. ADJUSTMENTS TO CONTRACT PRICE DUE TO HURRICANE In case of eminent threat from a Hurricane, Owner may elect to suspend the Work, and Contractor shall act in accordance with directives of the Owner or Engineer to properly secure and protect the Work and the adjacent areas. If above directives result in additional costs to the Contractor, Contractor shall be reimbursed for actual direct cost increases, provided Contractor uses all reasonable efforts to mitigate the costs arising in connection therewith. 5 LADDER DETAIL Fabricate ladder in 20 Ft. lengths Max. Support W/ 2 1/2' wide x 3/8' thcik plate stand-offs every 10 FT, Max, both sides. ATTACHMENT FOR LADDER 2 1/2'x3/8' STEEL FLAT BAR — TYP. LADDER MINTING 2'x3/8' LADDER SIDE RAILS SIDE/MOUNTING VIEW rth (is/ TRAVIS C. TATUM 110343 IF'::::lt11`' J 7hs zoder 3/4' DIA. NON—SKID RUNGS TYP. RUNGS VELD ALL AROUND I6' 2'x3/8' SIDE RAILS — STEEL FLAT BAR RUNGS VELD ALL AROWJD TOP VENT 30" 30" DIA. DOME CAP(MIN. 3/16") STANDARD OR SHALLOW FLANGED AND DISH —HEAD. BOLT TO VENT RISER WITH 3/4" SS BOLT. Dome must completely cover vent pipe openings. 6 CUT—OUTS FOR VENT 4"x6" #16 MESH FIBERGLASS WINDOW SCREEN AROUND VENT PIPE AND OVERLAP BY 3". HOLD IN PLACE WITH FIBERGLASS BANDS AT TOP & BOTTOM FIBERGLASS BANDS TOP & BOTTOM USE 6-5/8" HOLES EQUAL SPACE OR 15-1/2" 0.C. FOR 1/2" BOLTS. FLANGES TO BE 1/4 PL. BOLTS Sc NUTS TO BE STAINLESS STEEL. 24° RISER w 24" DIA. PIPE 8 1/2" SECTION A -A PLAN install new vent flange. 5OIE T'r-'S11 . ' •*1 TRAVIS C. TATUM*11 J • •�11034 0 ;Y 4 ,hs ONAL tffi VENT PIPE (MIN. 1/4") 377e,IY FIBERGLASS WINDOW SCREEN Top Vent Peaiond FM 518 GST P U H H A N ENGINEERING /nsp.[lbr.. Qss15J R..gll DUNHAM ENGINEERING Inspection. Design. Results. DUNIIAM ENGINEERING, INC. www.DunhamEnuineerinq.com Texas Registration Number. F- 002253 13141 Hill Rd., College Station, TX 77845 Phone: (979) 690-6555 Fax (979) 690-7034 Report of Inspection Welded Steel Water Storage Tank @ Southdown Water Plant Pearland, Texas Performed April 12, 2012 1. CONSTRUCTION The welded steel tank consists of 4 welded steel rings resting on a concrete foundation. The diameter is 51' and the height is 32'. 2. FOUNDATION The concrete foundation is level and in good condition. The lower ring of steel is plumb. 3. MANWAY One 30" diameter manway is located in the lower ring of steel. The manway cover was not rnh'sremoved for the inspection. No leaks were noted. The weld seam was not cracked. An igloo style deanout manway is located in the lower ring of steel. The cover was not removed and one leak was observed at the floor weld seam. 4. LEVEL CONTROL The tank has a functional pressure gauge. 5. OVERFLOW & FILL PIPES The 10" diam. overflow pipe exits the tank at the upper wall and runs to ground level. The overflow flap valve functions properly and the pipe supports are in good condition. The 10" diam. fill pipe fills the tank from the upper wall and is in good condition. 6. LADDERS The exterior ladder is in good condition with no loose rungs or bolts noted. The interior ladder is corroded above the high water line. The climb prevention gate is in good condition. A safety cage is located on the ladder. 7. VENT The vent is centered on the roof and is in fair condition with corrosion but properly screened. 8. TOP HATCH The top hatch is 36" square and in good condition. 9. ROOF The roof is properly sloped to prevent ponding. A total of 26 steel rafters support the roof. The rafters are 6" channels. A center column supports the rafters. The roof support system is in fair condition with corrosion damage. 10. INTERIOR & COATING The interior weld seams are in good condition with no leaks noted. The water quality was clear with no floating debris or evidence of insects. The epoxy coating system is providing adequate corrosion protection. It is approx. 9 years old. The floor was blasted and repainted in 2009. 11. EXTERIOR & COATING The exterior weld seams are in good condition with no cracks observed. The epoxy coating system is in good condition. It is approx. 9 years old. 12. CONCLUSIONS a. The structure is in good condition. b. The protective coating systems are providing adequate corrosion protection. c. A pin hole sized leak is located behind the igloo style manway. d. No water quality deficiencies were observed. 2 Exterior of welded ground storage tank Igloo style manway with a leak in the corner Close up of leak @ igloo manway Center vent Roof hatch and interior ladder Corroded ladder Center column and roof support system Rafter connection to wall r Shell wall DUNHAM ENGINEERING Inspection. Design. Results. DUNE -TAM ENGINE KRING, INC. www.DunhamEngineerinrt.com Texas Registration Number: F- 002253 13141 Hill Rd., College Station, TX 77845 Phone: (979) 690-6555 Fax: (979) 690-7034 Report of Inspection Bolted Steel Water Storage Tank @ Southdown Water Plant Pearland, Texas Performed April 12, 2012 1. CONSTRUCTION The bolted steel tank consists of 4 bolted steel rings resting on a concrete foundation. The diameter is 27' and the height is 32'. The nominal capacity is 129,000 gallons. 2. FOUNDATION The concrete foundation is level and in good condition. The lower ring of steel is plumb. 3. MAN ATAY One 30" diameter manway is located in the lower ring of steel. The manway cover was not removed for the inspection. No leaks were noted in the manway. The seams were not cracked. 4. LEVEL CONTROL The tank has a functional pressure gauge. 5. OVERFLOW & FILL PIPES The 10" diam. overflow pipe exits the tank at the upper wall and runs to ground level. The overflow flap valve functions properly and the pipe supports are in good condition. The 10" diam. fill pipe fills the tank from the upper wall and is in good condition. 6. if DERS The ladders are in good condition with no loose rungs or bolts noted. The climb prevention gate is in good condition and a safety cage is located on the ladder. 7. VENT The vent is centered on the roof and is in good condition and properly screened. 8. TOP HATCH The top hatch is 30" square and in good condition & locked. 9. ROOF The roof is properly sloped to prevent ponding. A total of 18 steel rafters support the roof. The rafters are 6" channels. A center column supports the rafters. The roof support system is in good condition. 10. INTERIOR ERIOR ►. CO \ MING The interior bolted seams are in good condition with no leaks noted. The water qualitywas clear with no floating debris or evidence of insects. The galvanizing is providing good corrosion protection. 11. LX`FHRIIOR &►, COATING The exterior bolted seams are in good condition. The galvanizing is in good condition. 12. CONCLUSIONS a. The structure is in good condition with minor leaks noted in bolted seams. b. The protective coating systems are providing adequate corrosion protection. c. No water quality deficiencies were observed. d. There is water seeping from between the tank and the foundation from an apparent leak. Exterior of bolted ground storage tank 2 Overflow and fill line Water seeping from under the tank Properly sloped roof and screened vent • ..10,00-0•0•0•1117 • Center column supporting the rafters and roof plates Interior shell wall Interior shell