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Contract 63288-PM1
q RT PROJECT MANUAL FOR THE CONSTRUCTION OF CSC No. 63288-PMI WATER AND SANITY SEWER TO SERVE WALSH WEST IPRC Record No. 24-0209 City Project No. 105844 FID No.30114-0200431-105844-EO7685 File No. N/A X File No. X-28368 Mattie Parker Jesus "Jay" Chapa Mayor City Manager Christopher P. Harder, P.E. Director, Water Department Lauren Prieur, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth APRIL 2025 A� D NAWA DUNAWAY ASSOCIATES, L.P. 550 Bailey Avenue, Suite 400 Ft. Worth, TX 76107 Office: 817-335-1121 / Fax: 817-429-1370 TX REG. F-1114 www.dunaway.com DA Project#2001169.037 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX m of a *• �� �•••JEREMY•A.•WINDELL• 111794 • :'��f '00%%%/ON L `G' 5/6/25 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 1 00 11 13 ir. iia4io ie Bidders 03/20/2020 0021 13 lastFueti ns to Bidde :s 03/20/2020 00 41 00 Bid Fefm 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 0043 13 Bid Bond 04/02/2014 0045 11 Bidders Pf:eq, alifiecaie 's 04/02/2014 0045 12 Prequalification Statement 09/01/2015 0045 13 Bidde . Pfegtta1 i;,,a4ien kWiaz.,ian 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 r, mere,*. Business Enterprise Goa 08/21/2018 00 52 43 Agreement 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 Standard General Conditions of the Construction Contract 00 73 00 S,,... lemer*afy G rdifi aF 07/01/2011 0073 10 Standard City Conditions of the Construction Contract for Developer 01/10/2013 Awarded Projects Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 012500 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Pr-egeet Nlee ng- 07/01/2011 01 3233 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httD:Hfortworthtexas.aov/tvw/contractors/ or httDs:Hanns.fortworthtexas.Lyov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 02 4113 Seleetio 90Sj Dien Q/'mil 02 4414 r 1t44-y n e,., ey l / n >,an r,,., e11 /7 z 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 038000 T\aedi fi.e )ns to Existing renerete Str etur-es Q/20Q014 Division 26 - Electrical q 05 00 r,,........e wedE Results f f: Qeetfieal 1 11 1 / � '1�0 Demolition f 1~'leetr:e.,l Systems 12/7r�-2042012 q6 05 33 R ee.: ays and Boxes for- 1~'leetr:e.,l Systems 17/')zzrg0Q Un er,.re„m,a Dt ets a -a R eew s f r L l e3t iaal Flys4effts n� /no 1�, �n Division 31- Earthwork 31 1000 Site Clearing 12/20/2012 3,�6 Umlaacrea E*ea-y t:ea 01 / 3 3 1�3 � y 01/28A2013 31 2 n 00 mil! 1 n 1 /�r3 �-rzTvv �: fir. �31i�S 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabions 12/20/2012 31� Ripr-ap 12l'f�r20A2012 Division 32 - Exterior Improvements 27� Derma- epA Asphalt It Pa-y ng De.. ai 12/zzr20QO14 32-01 18 ,0oralt P.r. Z7�3 Flexible Base Gouryes 12l'frL 20A2012 '27�9 Lime e Trea4e.l Base Coufs12/7 z Gamont Tra 4e.1 Base r1 ..,,r�e� 2/12 rc 2000 Z'� Liquid Tre.,te.l CA FkAili ei n4/vQr2i 2015 3 refi rate n .,1 . 11 /7 z 3'�0 ren fete c:aevmlka, Ds&.,e.. ays andn.,rr:er- Ffe3 rL-mp 06/no c�a 3211 4 116 lfi�l' U-.\Nt - , ng 12 /� 20A2012 Z7�3 Cenerete Curb and (`_„hers and Valley Gt tters- 110/09 CITY OF FORT WORTH WATER & SANITARY SEWER - WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN 105844 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 3231 3 a Gates 2 12/20QO1nr. F��r� �� 323126 W -e Fenees and Gates 12/20QO z Z7�3 Cas! i Dlaee C„fer-eie D:tnning `Vats 06/05,L2018 32 nl I n Topsail Dl.,..emef.+ .,.-..a Finishing of Parkways 12/20/701 7 32 92 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 3293 43 Trees 3 fJ.-.rubG 12/�1-2 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Circuit Television (CCTV) Inspection 03/03/2016 3 Z�v 33 04 11 7Cllosed r Puz Jl'A Of Existing Sewer- Systems CE)FFE)S 0f !'OFt Ol Tent StMiEH S 1 2 /'frr.,-2042012 12/20Q0Q 33 04 12 133 04-30 33 04 40 >, aagnesitff node G t>,edie Pfete tie Systeffl To.,.,,., far-., Water- Sef-, e Cleaning and Acceptance Testing of Water Mains 12/2z 07/n�n 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings — Cast Iron 01/22/2016 3 3 n�0 F -ame C,yef: and r a o Ring/z Composite . M les, inlets, Valve Boxes, d Other- StFuetur-es t dj n 1 /�6 33 05 14 3305 16 r" LJue Concrete Water Vaults rz/anr/anzzrf^ae 12/20/2012 33 05 17 Concrete Collars 12/20/2012 12/'fr�-svriviz 330520 33-05-21 Auger- BeFing Tu�rr.wl T �n ar- Pla4e 12/72 33 05 22 Steel Casing Pipe 12/20/2012 3 d TurzciliMg 12/2n/2n12 ,� 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 1105 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 2'2 2 .� 11 1., Eexe�et� ProO�ro Pilo, Jar � r , x7 .,,+pe Stool Cylinder- Type 1 2/720QOO12 ?'3 11 11 Died £tool Pir,"z d Fittings 12/�12 33 1210 Water Services 1-inch to 2-inch 02/14/2017 32 1 2 1 1 Large Water- Metef:s 1 2/'fez 33 1220 Resilient Seated Gate Valve 12/20/2012 22� AWW k RuLsbor. Feated B„tter- l y Valves 12/20/i012 33 1225 Connection to Existing Water Mains 02/06/2013 3�-12 30 Go i.-md f Air- Valve Assemblies for- Potable Tx7a, er- System 12/'fez 33 1240 Fire Hydrants 01/03/2014 33 1250 wafar gamr1� f't�atiafis CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised March 20, 2020 33 12 60 3, 11 33 31 3 22� 33 31 20 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 c+.,..dai-7,1 Blow off Valve Assembly 064942013 Cu-e if Ulaee Pipe (CIDD) 12/2z �z Fibefg1wo Rok-fefee,a Pipe for- r .ayit EL,'i1taly-Sewefs 12/20QO12 HighDe. sit-. Polyethylene (HDPE) Pipe fe f C'.,,,.;+ary Sewef 12/7 z Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 Polyvinyl Chlef:ide Closed Profile Gr-a-vity Sa*itafy Sewer- 33 3i N (PVC) Pipe 1 ''l /'lrz�-avriviz 34 _;I2 22�3 Sanitafy Seor Vi* Lifrrng c. L', 12/�12 1 "f1 /'fez 33 31 50 -aitafy Sewef Pipe lar-ge,,.,e Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Co:i' bi.-Wa ,r Air- Valve for Bwn-t&113- Sewef: FE) .ee Mains 12/�12 33-39-�A + ' C� r Pll�arlJ1\ilJ Manholes 11 /�12 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 F-iberglxe lees z n C1.affi n C4 11 /�12 33 3940 33 39 60 astewa4e . eeess .e,. (W Epoxy Liners for Sanitary Sewer Structures 12/20A2z 12/20/2012 33 41 10 nei fe fee,a rerefe+e Storm o �,e, n;�e/r„l.,e +� n�/no 1�1 ✓� 11 11 33 41 12 HighDe. sit-. Polyethylene (HDPE) Pipe fe f Stz D',6r. Dein f ,-ee.l Pellet lef a (SRP ) Pipe 12/'frz�-20A2 z 11/13A2015 33 tl 00 33 4601 C�„1� Slotted Storm Dmirlf 12/20A2012 n�/no 1�11 33 4602 Tf,-,m l Dimio1lJ n�/no 1�1 33 49 10 CmI, ion P.Vae NU-n-,eles andI„n +;er Boxes 12/�1-2 12/'fez 33 4920 ZZ�v Curb and D-ap inlets $toteDl��^eHeadwalls ..,I;..w a is 07/01Q01 1 Division 34 - Transportation 3AA ^env-11 At4aehmef4 A Cl'w4aller Cabinet 1'l1 /, 5 3n n�02 Att-aehmeattB CentfalLzr Efozifiea4ien 02QO12 34� 41-10.03 Attaehmeat G Stlttwafe Speeifiea4ien. 0iQ0Q ?/I 11 11 Tempe,-ary Ra ffie Signals 111 1 /' 3 '2 A�3 Removing e..ing T,.., f e Signals 1 2 /'fez 34 41 15 Reeta*gulx ia,rd F w. ;mg Beaeon 11/22QO13 34 41-16 gedoot6aA Ilybfid-Sigiia4 11 /�13 3 n�o ��I11UgClatl""Assemblies 12/20QO 12 34 4; SOT Afta6al :lam Rea06 /,�15 34 41 200>~ .eeway I ED n e.,,l,,... I 06 e /2n, e .z �7a'i»'i�.o'»3S vvrr�ravz� 34 4120.03 n esi er+;.,l LED Roadway ay I 0 � �ar�611 5QO1 ei�i�r-rs 34130 Alw iMum fi gns 11 / 1�13 34 41 0 Single Nle,1e Fite- Optie Cable 02/moo 34 71 13 Tf: f'f:e GentFel 1 11 1 /' -3 CITY OF FORT WORTH WATER & SANITARY SEWER - WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN 105844 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Appendix Page 6 of 6 GE4,J 1 P N ck ity-aPLapAs GG 4.0-2 F/abiYarfaee and P`siM Conditions 7o, .. ,, 1 > n :l:t:on l� a GG 4.06 Ha af:dE)us >~tw:,., nfnert l C nditior at Site GG 6.0.6.D n ` `�'7 lV. g -1 t GG-6 19 Dv,-,v,:ts and Utilities GC 6. 1 Nandisanmrzati m GR-01 60 00 Product Requirements NWP-58 Nationwide Permit 58 END OF SECTION CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised March 20, 2020 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information �Bidlist Item Description Specification Unit of No. Section No. Measure UNIT I: WATER IMPROVEMENTS 1 3312.4313 36" x 12" Tapping Sleeve & Valve 33 12 25 EA 2 3312.4209 24" x 8" Tapping Sleeve & Valve 33 12 25 EA 3 3311.0461 12" PVC Water Pipe 3311 12 LF 4 3311.0451 12" DIP Water 3311 10 LF 5 3311.0467 12" PVC Water Pipe, CLSM Backfill 3311 12 LF 6 3305.1004 24" Casing by Open Cut 33 05 24 LF 7 3311.0457 12" DIP Water, CLSM Backfill 3311 10 LF 3311 10, 33 8 3311.0241 8" Water Pipe LF 11 12 3311 10, 33 9 3311.0141 6" Water Pipe LF 11 12 10 3312.0001 Fire Hydrant 33 12 40 EA 11 3312.3005 12" Gate Valve 33 12 20 EA 12 3312.3003 8" Gate Valve 33 12 20 EA 13 3312.3002 6" Gate Valve 33 12 20 EA 14 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 15 3312.2203 2" Water Service 33 12 10 EA 16 3312.2103 1 1/2" Water Service 33 12 10 EA 17 3312.2003 1" Water Service 33 12 10 EA 18 3305.0003 8" Waterline Lowering 32 05 12 EA 19 3305.0005 12" Waterline Lowering 33 05 12 EA 20 3305.0109 Trench Safety 33 05 10 LF 21 9999.0001 Automatic Flushing Assembly 00 00 00 EA 00 42 43 DAP- RID PROPOSAI, Page I of Bidder's Application Bid Quantity 1 1 1214 54 10 10 tic 1765 344 8 4 8 18 5.59 2 1 8 2 4 3427 1 TOTAL UNIT I: WATER IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Bidder's Proposal Unit Price I Bid Value $28,500.00 $28,500.00 $14,500.00 $14,500.00 $112.00 $135,968.00 $142.00 $7,668.00 $132.00 $1,320.00 $380.00 $3,800.00 $152.00 $4,560.00 $62.00 $109,430.00 $58.00 $19,952.00 $7,200.00 $57,600.00 $4,500.00 $18,000.00 $2,500.00 $20,000.00 $1,750.00 $31,500.00 $8,500.00 $47,515.00 $3,200.00 $6,400.00 $2,800.00 $2,800.00 $1,800.00 $14,400.00 $5,500.00 $11,000.00 $7,500.00 $30,000.00 $2.00 $6,854.00 $7,200.00 $7,200.00 $578,967.00 00 42 43_Bid Proposal_DAP.xls 00 42 43 DAP- RID PROPOSAI, Page 2 of 3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal �Bidlist Item Description Specification I Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT II: SANITARY SEWER IMPROYEMENT,S 1 9999.0002 Connect to Ex. 15" SS 00 00 00 EA 1 $2,500.00 $2,500.00 2 3331.4222 16" DIP Sewer Pipe 3311 10 LF 174 $365.00 $63,510.00 3311 10,33 3 3331.4215 15" Sewer Pipe 31 12,3331 LF 2116 $204.00 $431,664.00 20 3311 10,33 4 3331.4208 12" Sewer Pipe 31 12,3331 LF 1743 $160.00 $278,880.00 20 3311 10,33 5 3331.4210 12" Sewer Pipe, Select Backfill 31 12,3331 LF 250 $180.00 $45,000.00 20 3311 10,33 6 3331.4201 10" Sewer Pipe 31 12,3331 LF 40 $150.00 $6,000.00 20 3311 10,33 7 3331.4115 8" Sewer Pipe 31 12,3331 LF 2242 $104.00 $233,168.00 20 JJ 1 1 1 U, JJ 8 3331.5747 8" Sewer Pipe, CLSM Backfill 31 12,3331 �n LF 104 $124.00 $12,896.00 9 9999.0003 8" PVC ASTM D2241 SS 3311 12 LF 423 $114.00 $48,222.00 10 9999.0004 8" PVC ASTM D2241 SS w/ CLSM 3311 12 LF 20 $134.00 $2,680.00 11 3331.3101 4" Sewer Service 3331 50 LF 150 $52.00 $7,800.00 12 3339.1001 4' Diameter SSMH 3339 10, 33 EA 29.0 $6,800.00 $197,200.00 2920 13 3339.1003 4' Extra Depth Manhole on nn VF 142.95 $250.00 $35,737.50 14 3339.0001 Epoxy Manhole Liner 33 39 60 VF 193.51 $485.00 $93,852.35 15 3305.0112 Concrete Collar 3305 17 EA 29 $1,000.00 $29,000.00 16 3305.0113 Trench Water Stops 3305 15 EA 29 $500.00 $14,500.00 17 3301.0002 Post -CCTV Inspection 3301 31 LF 6938 $4.00 $27,752.00 18 3301.0101 Manhole Vacuum Testing 3301 30 EA 29 $200.00 $5,800.00 19 0241.2104 10" Sewer Abandonment Plug 0241 14 EA 2 $1,500.00 $3,000.00 20 0241.2103 8" Sewer Abandonment Plug 0241 14 EA 1 $1,300.00 $1,300.00 21 3305.0109 Trench Safety 3305 10 LF 6938 $3.00 $20,814.00 22 3292.0201 Utility Service Surface Restoration Seeding 3292 13 SY 17891 $2.00 $35,782.00 23 9999.0005 Silt Fence 00 00 00 LF 14328 $3.00 $42,984.00 24 9999.0006 Construction Entrance 00 00 00 EA 1 $2,500.00 $2,500.00 25 9999.0007 Rock Check Dam 00 00 00 EA 9 $1,500.00 $13,500.00 26 3125.0101 SWPPP > 1 acre 31 2500 LS 1 $4,500.00 $4,500.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENT£; $1,660,541.85 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_13id Proposal_DAP.x]s r SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 3 of 3 Bidder's Application Project Item Information Bidders Proposal Bidlist Item I Specification I Unit of I Bid V Description Unit Price I Bid Value No. Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS $578,967.00 UNIT II: SANITARY SEWER IMPROVEMENTS $1,660,541.85 Total Construction Bid $2,239,508.86 This Bid is submitted by the entity named below: BIDDER: BY: Brock Huggins Conatser Construction 5327 Wichita Street 49uxum PO Box 15448 TITLE: President Fort Worth, TX 76119 DATE: 3/30/2025 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 120 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP.As 00 45 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Mai or Work TN -De" box provide the complete major work tine and actual descrintion as urovided by the Water Department for water and sewer and TPW for oavine. Major Work Type Water and Wastewater New Development, Rehabilitation and Redevelopment (all sizes) Sanitary Sewer Manhole/Structure Interior Lining — Warren or Chesterton Coating Contractor/Subcontractor Company Name Conatser Construction TX LP Ace Pipe Cleaning Prequalification Expiration Date 4-30-2026 2-28-2026 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Conatser Construction 5327 Wichita Street PO Box 15448 Fort Worth, TX 76119 BY: Brock Huggins _0920wa (Signature) TITLE: President DATE: 3/30/2025 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT —DEVELOPER AWARDED PROJECTS 00 45 12—Prequalification Statement 2015_DAP.docx Form Version September 1, 2015 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 RZ5 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 105844. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Conatser Construction TX. LP Company 5327 Wichita Street Address Fort Worth. TX 76119 City/State/Zip THE STATE OF TEXAS § COUNTY OFTARRANT § By: Brock Huimins (Please Print) Signature: Title: rujwENT (Please Print) BE RE E, the undersigned authority, on this day personally appeared b(oct1 nc, , known to me to be the person whose name is subscribed to the foregdmg instrument, and acknowledged to me that he/she executed the same as the act and deed of TreStt4 1t'4 for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Ywxr . 2025 `ayKAMRA HOERIG ����P,.... 6 �. .a°°•' `c's Notary Public, State of Texas 9'e= Comm. Expires 08-15-2027 Notary ID 13213162-8 Notary Public in and for the St'af e of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 WALSH WEST CPN 105844 2 SECTION 00 52 43 AGREEMENT 00 52 43 - 1 Developer Awarded Project Agreement Pagel of 4 3 THIS AGREEMENT, authorized on 5/7/2025 is made by and between the Developer, 4 ATH-1187, LTD, authorized to do business in Texas ("Developer") , and Conatster 5 Construction, LP, authorized to do business in Texas, acting by and through its duly authorized 6 representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Water & Sanitary Sewer to Serve Walsh West 16 105844 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within _120_ working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer One Thousand Dollars ($1000.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. CITY OF FORT WORTH Water & Sanitary Sewer to Serve Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105844 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of Two Million. Two Hundred Thirty Nine Thousand, 40 Five Hundred Eight & 85/100 Dollars ($2.239.508.85). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between Developer and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form (As provided by Developer) 48 1) Proposal Form (DAP Version) 49 2) Prequalification Statement 50 3) State and Federal documents (project specific) 51 b. Insurance ACORD Form(s) 52 c. Payment Bond (DAP Version) 53 d. Performance Bond (DAP Version) 54 e. Maintenance Bond (DAP Version) 55 f. Power of Attorney for the Bonds 56 g. Worker's Compensation Affidavit 57 h. MBE and/or SBE Commitment Form (If required) 58 3. Standard City General Conditions of the Construction Contract for Developer 59 Awarded Projects. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Water & Sanitary Sewer to Serve Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105844 Revised June 16, 2016 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 1.2 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be 79 performed by the contractor, its officers, agents, employees, subcontractors, licenses 80 or invitees under this contract. This indemnification provision is specifically 81 intended to operate and be effective even if it is alleged or proven that all or some of 82 the damages being sought were caused. in whole or in part, by anv act. omission or 83 negligence of the citv. This indemnity provision is intended to include, without 84 limitation, indemnity for costs, expenses and legal fees incurred by the city in 85 defending against such claims and causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is suecifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by anv act, omission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 7.3 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and ill CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Water & Sanitary Sewer to Serve Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105844 Revised June 16, 2016 116 117 118 119 120 121 122 123 124 125 126 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: Developer: C onatser Construction TX LP 4TH--1187. LTD By: 45264 Inc., Its general partner B, : By:� o� (S E r6ture) (Signature) Brock Hu_a_ains (Printed Name) Title: President Company Name: Conatser Construction Address: 5327 Wichita St City/StatelZip: Fort Worth, TX 76119 5/7/2025 Date Gary Goble (Printed Name) Title:Vice President Company name: ATH-1187, LTD Address: 155 Walsh Ave Cit%-/State/Zip: Aledo, TX 76008 Date 5/7/2025 CITY OF FORT WORTH Water & Saniraq Sewer to Se?ve Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 105844 Revised June 16, 2016 0 Bond No. 0269015 0062 13- 1 PERFORMANCE BOND Page I of 2 I SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX, LP, known as "Principal" herein and 8 —Berkley Insurance Company , a corporate surety(sureties, if more than one) 9 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or 10 more), are field and firmly bound unto the Developer, ATH-1187, LTD, authorized to do 11 business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of, Two Million. Two Hundred Thirty Nine Thousand, Five Hundred 13 Eieht & 851100 Dollars [$2.239.508.851.lawful money of the United States, to be paid in Fort 14 Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly 15 unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 1S community facilities in the City of Fort Worth by and through a Community Facilities 19 Agreement, CFA Number 25-0034; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 2t the 5 th day of May „ 2025, which Contract is hereby referred to and made a part 22 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 23 other accessories defined by law, in the prosecution of the Work, including any Change Orders, as 24 provided for in said Contract designated as Water and Sanitary Sewer to Serve Walsh West. 25 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 26 shall faithfully perform it obligations under the Contract and shall in all respects duly and 27 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of 29 extension of the Contract that may be granted on the part of the Developer and/or City, then this 30 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Water & Sanitary Sewer to Serve IVALSH {PEST STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 2 I PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the s th day of May 9 2025. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PRINCIPAL: Conatser Construction TX. LP BY: -- Signature ATTEST: _0 Brock Hueeins. President (Principal) Secret Name and Title Address: 5327 Wichita Street Fort Worth TX 76119 _ T i rincipal SURETY: Berkley- Insurance Company BY: Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1400 —Dallas. TX 75244 Witness as to Surety 214 989-D000 Sur ty Telephone Number: / *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address. both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Water & Sanitary Sewer to Serve WALSH WEST STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised January 31.2012 Bond No. 0269015 0062 14 - 1 PAYMENT BOND Page 1 of 1 SECTION 00 6214 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX. LP, known as "Principal' herein, and 8 Berklev Insurance Company , a corporate surety ( or 9 sureties if more than one), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, ATH- 11 1187, LLC, authorized to do business in Texas "(Developer"). and the City of Fort Worth, a 12 Texas municipal corporation ("City"), in the penal sum of Two Million, Two Hundred Thirty 13 Nine Thousand, Five Hundred Eixht & 85/100 Dollars ($2,239,508.85, . lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County. Texas, for the payment of which sum 15 well and truly be made jointly unto the Developer and the City as dual obligees, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number 25-0034; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the 5 th day of May , 2025. which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Water and Sanitary Sewer to Serve 26 Walsh West. 27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 31 force and effect. CITY OF FORT WORTH water & Sanitary Sewer to Serve WALSH [VEST STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised January 31, 2012 0062 14-2 PAYMENT BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 5 th day of 6 May , 2025. 7 8 9 10 11 12 13 14 ATTEST: (Principal)Secr Wit as�'mcjnal ATTEST: (Surety) Secretary W' s as to Sure—ty PRINCIPAL: Conatser Construction TX, LP BY: Signature Brock Hui?ains. President_ Name and Title Address: 5327 Wichita Street Fort Worth. TX 76119 SURETY: Berkley Insurance Company Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freewav, Suite 1400 Dallas. TX 75244 Telephone Number: 214/989-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Water & Sanitary Sewer to Serve WALaSH WEST STANDARD CITY CONDrrIONs — DEVELOPER AWARDED PROJECTS CPN 105844 Revised January 31, 2012 Bond No. 0269015 0062 19- 1 MAINTENANCE BOND Page I of 3 I SECTION 00 62 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Conatser Construction TX. LP, known as "Principal" herein and 9 Berkley Insurance Conlgane . a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one I I or more), are held and firmly bound unto the Developer, ATH-1187, LTD, authorized to do 12 business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City"), in the sum of Two Million. Two Hundred Thirtv Nine Thousand. Five Hundred Eiaht & 14 85/100 Dollars ($2.239,508.85), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the 16 Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, 17 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 25-0034; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 5 th day of May . 2025, which Contract is hereby 24 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Water and Sanitary Sewer to 28 Serve Walsh West; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WORTH Water & Sanitary Sewer to Serve WALSH WEST STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised January 31,2012 006219-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period, 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 1 ! noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH Water & Sanitary Sewer to Serve WALSH WEST STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 5 th day of May 3 .2025. 4 5 PRINCIPAL: 6 Conatser Construction TX. 7 8 —A` — 9 BY: 10 Signature V V 11 ATTEST: 12 13 �% Brock Hu"im_ President 14 (Principal) ecret Name and Title 15 16 Address: 5327 Wichita Street 17 F_ port Worth, TX 76119 18 19 - __ 20 Wi to cipal 21 SURETY: 22 Berkle] Insurance Company, 23 _ 2425 / 26 Signature 27 28 Robbi Morales, Attorney -in -fact 29 ATTEST: Name and Title 30 31 ���tn,2l� Address: 5005 LBi Freewav, Suite 1400 32 (Surety) ecretary _Dallas. TX 75244 33 goz 34 35 ness as to Surety Telephone Number: 2141989-0000 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH Water & Sanitary Sewer to Serve WALSH WEST STANDARD CITY CONDrrioNs— DEVELOPER AWARDED PROJECTS CPN 105844 Revised January 31.2012 No. BI-72801 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna, Don E. Cornell; Sophinie Hunter; Rabbi Morales; Kelly A. Westbrook, Tina McEwan; Joshua Saunders, Tonie Petranek; or Mikaela Peppers of Aon Risk Services Southwest, Inc. of Dallas, TX its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its "J principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following r resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further z RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, . , or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revolves all previous powers issued on behalf of the attorney -in -fact named; and further ;ib RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2'd day of May 2024 Attest Berkley Insurance Company .. (Seal) By By ` Philip Sv,elt Jel c Executive Vice President & Secretary Senior Vice President " STATE OF CONNECTICL T ) ss: COLN-Ti' OF FAIRFIELD j "J Sworn to before me, a Notary Public in the State of Connecticut, this 2°d day of Magi 2024 , by Philip S. Welt and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and the Senior Vice President, respectively, of Berkley Insurance Company. �} / - MARK C. RUNDBAKE N � ` / " /3-'�� f� "••• NOFTARY Puauc OONNBGMLIT Notary Public, State of Connecticut r W Comm"" SWIRM 04-3G ZM CERTIFICATE V ' L the undersigned, Assistant Secretary of BEFJC= INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 7_ true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded Zand that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of C Attorney is attached, is in full force and effect as of this date. ,�. Given under my hand and seal of the Company, this 7 th day of Mav (Seal) Vincent P. Forte IMPORTANT NOTICE To obtain information or make a complaint: You may calf Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond to: Berkley Surety Group, LLC (866) 768-3634 412 Mount Kemble Avenue, Suite 31ON Morristown, NJ 07960 Attn: Surety Claims Department You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htt :://www.tdi.state.tx.us E-mail: ConsumerProtection ."itdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (Modified) Prepared by EJCDC"� ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by ACEC AMERICAN COUNCIL OF ENGINEERING COMPANIES ASCE' AMERICAN SOCIETY OF CIVIL ENGINEERS National Society of Professional Engineers® EJCDC° C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.eicdc.org, or from any of the sponsoring organizations above. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1— Definitions and Terminology....................................................................................... 1 1.01 Defined Terms........................................................................................................................1 1.02 Terminology...........................................................................................................................5 ARTICLE 2 — Preliminary Matters.................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance........................................................................6 2.02 Copies of Documents............................................................................................................. 7 2.03 Before Starting Construction.................................................................................................7 2.04 Preconstruction Conference; Designation of Authorized Representatives ...........................7 2.05 Initial Acceptance of Schedules.............................................................................................7 2.06 Electronic Transmittals...........................................................................................................8 ARTICLE 3 — Documents: Intent, Requirements, Reuse.................................................................. 8 3.01 Intent...................................................................................................................................... 8 3.02 Reference Standards..............................................................................................................9 3.03 Reporting and Resolving Discrepancies.................................................................................9 3.04 Requirements of the Contract Documents..........................................................................10 3.05 Reuse of Documents............................................................................................................11 ARTICLE 4 — Commencement and Progress of the Work............................................................. 11 4.01 Commencement of Contract Time(s); Notice to Proceed....................................................11 4.02 Starting the Work.................................................................................................................11 4.03 Reference Points..................................................................................................................11 4.04 Progress Schedule................................................................................................................11 4.05 Delays in Contractor's Progress...........................................................................................12 ARTICLE 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions..................................................................................................................................... 13 5.01 Availability of Lands.............................................................................................................13 5.02 Use of Site and Other Areas.................................................................................................13 5.03 Subsurface and Physical Conditions.....................................................................................14 5.04 Differing Subsurface or Physical Conditions........................................................................15 5.05 Underground Facilities.........................................................................................................16 EJCDC° C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i 5.06 Hazardous Environmental Conditions at Site......................................................................18 ARTICLE 6 — Bonds and Insurance................................................................................................. 20 6.01 Performance, Payment, and Other Bonds...........................................................................20 6.02 Insurance —General Provisions............................................................................................21 6.03 Contractor's Insurance.........................................................................................................22 6.04 Owner's Liability Insurance..................................................................................................24 6.05 Property Insurance...............................................................................................................24 6.06 Waiver of Subrogation Rights..............................................................................................26 ARTICLE 7 — Contractor's Responsibilities.................................................................................... 27 7.01 Supervision and Superintendence.......................................................................................27 7.02 Labor; Working Hours..........................................................................................................27 7.03 Services, Materials, and Equipment.....................................................................................28 7.04 "Or Equals"...........................................................................................................................28 7.05 Substitutes...........................................................................................................................29 7.06 Concerning Subcontractors, Suppliers, and Others.............................................................31 7.07 Patent Fees and Royalties....................................................................................................32 7.08 Permits.................................................................................................................................33 7.09 Taxes....................................................................................................................................33 7.10 Laws and Regulations...........................................................................................................33 7.11 Record Documents...............................................................................................................33 7.12 Safety and Protection...........................................................................................................34 7.13 Safety Representative.......................................................................................................... 35 7.14 Hazard Communication Programs.......................................................................................35 7.15 Emergencies.........................................................................................................................35 7.16 Shop Drawings, Samples, and Other Submittals..................................................................35 7.17 Contractor's General Warranty and Guarantee...................................................................37 7.18 Indemnification....................................................................................................................38 7.19 Delegation of Professional Design Services......................................................................... 39 ARTICLE 8 — Other Work at the Site.............................................................................................. 40 8.01 Other Work..........................................................................................................................40 8.02 Coordination........................................................................................................................41 8.03 Legal Relationships...............................................................................................................41 ARTICLE 9 — Owner's Responsibilities........................................................................................... 42 EJCDC° C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii 9.01 Communications to Contractor............................................................................................42 9.02 Replacement of Engineer.....................................................................................................42 9.03 Furnish Data.........................................................................................................................43 9.04 Pay When Due......................................................................................................................43 9.05 Lands and Easements; Reports, Tests, and Drawings..........................................................43 9.06 Insurance..............................................................................................................................43 9.07 Change Orders......................................................................................................................43 9.08 Inspections, Tests, and Approvals........................................................................................43 9.09 Limitations on Owner's Responsibilities..............................................................................43 9.10 Undisclosed Hazardous Environmental Condition...............................................................43 9.11 Evidence of Financial Arrangements....................................................................................43 9.12 Safety Programs...................................................................................................................43 ARTICLE 10 — Engineer's Status During Construction................................................................... 44 10.01 Owner's Representative.......................................................................................................44 10.02 Visits to Site..........................................................................................................................44 10.03 Project Representative.........................................................................................................44 10.04 Rejecting Defective Work.....................................................................................................44 10.05 Shop Drawings, Change Orders and Payments....................................................................44 10.06 Determinations for Unit Price Work....................................................................................45 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ................45 10.08 Limitations on Owner's and Engineer's Authority and Responsibilities..............................45 10.09 Compliance with Safety Program.........................................................................................45 ARTICLE 11— Amending the Contract Documents; Changes in the Work .................................... 46 11.01 Amending and Supplementing Contract Documents..........................................................46 11.02 Owner -Authorized Changes in the Work.............................................................................46 11.03 Unauthorized Changes in the Work.....................................................................................47 11.04 Change of Contract Price.....................................................................................................47 11.05 Change of Contract Time(s)..................................................................................................48 11.06 Change Proposals Intentionally deleted..............................................................................48 11.07 Execution of Change Orders.................................................................................................48 11.08 Notification to Surety...........................................................................................................48 ARTICLE12 — Claims...................................................................................................................... 49 12.01 Claims...................................................................................................................................49 EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii ARTICLE 13 — Cost of the Work; Allowances; Unit Price Work ..................................................... 50 13.01 Cost of the Work Intentionally deleted............................................................................... SO ARTICLE 14 — Tests and Inspections; Correction, Removal or Acceptance of Defective Work.... 50 14.01 Access to Work..................................................................................................................... SO 14.02 Tests, Inspections, and Approvals........................................................................................SO 14.03 Defective Work.....................................................................................................................51 14.04 Acceptance of Defective Work.............................................................................................52 14.05 Uncovering Work.................................................................................................................S2 14.06 Owner May Stop the Work.................................................................................................. 52 14.07 Owner May Correct Defective Work....................................................................................53 ARTICLE 15 — Payments to Contractor; Set -Offs; Completion; Correction Period ....................... 53 15.01 Progress Payments...............................................................................................................53 15.02 Contractor's Warranty of Title............................................................................................. 57 15.03 Substantial Completion........................................................................................................57 15.04 Partial Use or Occupancy.....................................................................................................58 15.05 Final Inspection....................................................................................................................58 15.06 Final Payment.......................................................................................................................59 15.07 Waiver of Claims..................................................................................................................60 15.08 Correction Period................................................................................................................. 60 ARTICLE 16 — Suspension of Work and Termination.................................................................... 61 16.01 Owner May Suspend Work.................................................................................................. 61 16.02 Owner May Terminate for Cause.........................................................................................61 16.03 Owner May Terminate For Convenience.............................................................................63 16.04 Contractor May Stop Work or Terminate............................................................................ 63 ARTICLE 17 — Final Resolution of Disputes................................................................................... 63 17.01 Methods and Procedures.....................................................................................................63 ARTICLE 18 — Miscellaneous......................................................................................................... 64 18.01 Giving Notice........................................................................................................................64 18.02 Computation of Times.......................................................................................................... 64 18.03 Cumulative Remedies..........................................................................................................64 18.04 Limitation of Damages.........................................................................................................64 18.05 No Waiver............................................................................................................................64 18.06 Survival of Obligations.........................................................................................................65 EJCDC° C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv 18.07 Controlling Law....................................................................................................................65 18.08 Headings...............................................................................................................................65 EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page v ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument, executed by Owner and Contractor, including all exhibits and/or attachments attached thereto and expressly incorporated therein, that sets forth the Contract Price and Contract Time(s), identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment —The form acceptable to Owner and Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid —The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder —An individual or entity that submits a Bid to Owner. 6. Bidding Documents —The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order —A written document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time(s), or other revision to the Contract, issued on or after the Effective Date of the Contract. Extra work will not be considered for a Change Order or for an adjustment in the Contract Price or the Contract Time(s) unless the document is executed by both Owner and Contractor. Furthermore, the parties agree that under no circumstances will an act or failure to act on the part of Owner or Engineer constitute a waiver of the written Change Order requirement for extra work. A written Change Order is a strict condition precedent for the payment for extra work. 9. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Time(s), or both; contesting an initial decision by Owner or Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim —(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Time(s), or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 65 of Work under the Contract Documents; contesting Owner or Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Owner or Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision or Owner's denial regarding all or a part of a Change Proposal; or seeking resolution of a contractual issue that Owner or Engineer has declined to address. A demand for money or services by a third party is not a Claim. 11. Completion means that (i) the Contract Documents have been fully performed, (ii) all the Work has been completed in accordance with the Contract Documents and that certain Community Facilities Agreement relating to the Work, executed by and between the City of Fort Worth, and Developer ("CFA"), (iii) all permits and/or other governmental licenses and permits which are necessary for the occupancy and operation of the Project have been issued, and (iv) a final Application for Payment approved by the Owner (and Owner's lender) has been issued by the Engineer. 12. Constituent of Concern —Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 13. Contract —The entire and integrated written contract between the Owner and Contractor concerning the Work. 14. Contract Documents —Those items so designated in the Agreement, and which together with the Agreement comprise the Contract. 15. Contract Price —The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 16. Contract Time(s)—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) finally complete the Work. 17. Contractor —The individual or entity with which Owner has contracted for performance of the Work. 18. Cost of the Work —See Paragraph 13.01 for definition. 19. Drawings —The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 20. Effective Date of the Contract —The date, indicated in the Agreement, on which the Contract becomes effective. 21. Engineer —The individual or entity named as such in the Agreement. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 65 22. Field Order —A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Time(s). 23. Hazardous Environmental Condition —The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens —Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 26. Milestone —A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 27. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 28. Notice to Proceed —A written notice by Owner to Contractor fixing the date on which the Contract Time(s) will commence to run and on which Contractor shall start to perform the Work. 29. Owner —The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 30. Owner's Representative —The individual or entity Owner has identified in the Agreement to coordinate the Work on the Project on Owner's behalf 31. Progress Schedule —A schedule, prepared and maintained by Contractor and approved by Owner and Engineer describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time(s). 32. Project —The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 33. Project Manual —The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms (if any), General Conditions, Supplementary Conditions (if any), and Specifications. The contents of the Project Manual may be bound in one or more volumes. 34. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 65 35. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 36. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 37. Schedule of Values —A schedule, prepared and maintained by Contractor, as approved by Owner and Engineer, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 38. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 39. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 40. Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 41. Subcontractor —An individual or entity providing labor or materials for the Project, and having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. A sub -Subcontractor or supplier of any tier shall be considered a Subcontractor for purposes of the Contract Documents. 42. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Owner and Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. In general, the only remaining Work shall be minor in nature, so that the Owner can utilize the Project for the purposes for which it is intended and the completion of the work by the Contractor would not materially interfere or hamper the Owner's occupancy. All certificates of occupancy required for Owner to utilize the Project must be delivered by Contractor as a condition to Substantial Completion. As a further condition of Substantial Completion acceptance, the Contractor shall certify that all remaining Work, the same being solely of a "punchlist" in nature, will be completed within thirty (30) days following the date of Substantial Completion. 43. Successful Bidder —The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 44. Supplementary Conditions —The part of the Contract that amends or supplements these General Conditions. 45. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 65 46. Technical Data —Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 47. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 48. Unit Price Work —Work to be paid for on the basis of unit prices. 49. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 50. Work Change Directive —A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer or Owner as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 65 C. Day: 1. The word "day' means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents or applicable law, ordinance or regulation; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or C. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish (but only if required for this Project). B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 65 C. Evidence of Owner's Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review and approval: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative(s) with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Owner (if it so desires) Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 65 accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and approved. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Time(s). Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project -related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 — DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. Notwithstanding the foregoing, if, and to the extent of, any inconsistency, ambiguity, or discrepancy in the Contract Documents as identified in the Agreement, precedence shall be given to the Contract Documents in the following order of priority: (1) written Modifications issued after execution of this Agreement, with the Modification bearing the latest date taking precedence; (2) the Agreement, including the Exhibits attached thereto and expressly incorporated fully therein; (3) the General Conditions; and the (4) the Drawings and Specifications identified in and incorporated into the Contract Documents, with those addenda and revisions bearing the latest date taking precedence. Without limiting the foregoing, the terms of the Agreement (including the Exhibits attached thereto) and the General Conditions shall control over any terms in the Drawings or Specifications inconsistent therewith. For purposes hereof, a Modification is a written amendment to the Contract Documents signed by both parties or a Change Order, Work Change Directive, or Field Order issued in accordance with the requirements of the Contract Documents. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 65 B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, omission, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 65 shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. If Contractor performs any Work in conformity with any Contract Document knowing it to be inconsistent with any other Contract Document, without first specifically requesting and obtaining from Engineer written instructions on how to proceed with respect to such inconsistency, Contractor shall be obligated to correct such Work according to the direction of Engineer (with Owner's approval), without cost to Owner. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof, or for conflicts, errors, ambiguities or discrepancies which Contractor reasonably should have discovered as set forth in Tex. Bus. Comm. Code § 59.001 et al. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 65 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Time(s); Notice to Proceed A. The Contract Time(s) will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Time(s) commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Time(s) commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Time(s). EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 65 2. Proposed adjustments in the Progress Schedule that will change the Contract Time(s) shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, materially delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Time(s) and Contract Price. Contractor's entitlement to an adjustment of the Contract Time(s) is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Time(s). In no event shall any such adjustment to Contract Price include damages incurred by Contractor for losses of business, loss of anticipated profit, including that relating to unperformed Work, or any additional costs not directly caused by delays, disruptions, or interference with the performance of the Work by Owner or anyone for whom Owner is responsible. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time(s) for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is materially delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Time(s). Contractor's entitlement to an adjustment of the Contract Time(s) is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Time(s). Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Time(s) under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Material delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition which could not reasonably have been discovered by an inspection of the Site by a prudent contractor exercising standard due care, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article S. By executing the Contract Documents, the Contractor agrees and warrants that it has examined the Site and its limitations, the CFA the Project Manual (if applicable) and the Contract Documents (and all Addenda thereto, including Drawings), and where EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 65 the Specifications or Drawings require, in any part of the work, a given result to be produced, the Specifications and/or the Drawings are adequate, and the required result can be achieved for the Contract Price. Any failure on the part of the Contractor to examine any of the above does not exempt the Contractor from the performance of The Work as included in the Contract Price. E. Paragraph 8.03 governs material delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time(s) for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Time(s) under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 65 immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 65 procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. Subject to Paragraph 4.05D, is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Time(s), or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 65 a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; C. any such delay, disruption, or interference must affect the critical path of the Work; and d. Contractor's entitlement to an adjustment of the Contract Time(s) is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Time(s). 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time(s) with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Time(s) by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A; or d. All other terms and conditions in the Contract Documents notwithstanding, no adjustment in the Contract Time(s) or Contract Price shall be permitted in connection with a concealed or unknown condition that does not differ materially from those conditions disclosed, or which should have been disclosed, by Contractor's observations, studies, inspections, tests, or reviews required by Article 7 of the Agreement. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Time(s), or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Time(s), or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Agreement: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 65 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; C. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Time(s), or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 65 c. Contractor's entitlement to an adjustment of the Contract Time(s) is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Time(s); and d. Contractor gave the notice required in Paragraph 5.05.13. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Time(s), or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Time(s), or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. 4. Notwithstanding the provisions of this Paragraph 5.05, Contractor represents and warrants that (i) it has carefully studied all Laws and Regulations applicable to the Work, all Contract Documents, and all information provided by Owner and (ii) it has been provided access to the Site to conduct such explorations and tests as it deems necessary to understand the nature and locations of subsurface conditions, underground facilities, and physical or other Work -related conditions and matters that may affect cost, schedule, progress, or performance of the Work. Contractor represents that the Contract Documents are sufficiently complete and detailed for Contractor to perform the Work required to produce the results intended by the Agreement and comply with all the requirements of the Agreement. Accordingly, Contractor is providing its services and will complete the Work in such a manner so as to fully comply with the deadlines set forth in the Contract Documents without increase in Contract Time(s) or Contract Price. Contractor acknowledges that the Progress Schedule for the Project contains the full amount of time allowed for the completion of the Work, and no time extensions shall be provided by Owner, except as approved by Owner pursuant to Paragraphs 5.04 and 5.05. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 65 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Time(s), or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 65 partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.13, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created or exacerbated by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. If required by Owner for this Project, Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds (if required) shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed the accompanying bond. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 65 C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance —General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self -insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self -insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 65 F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. K. All waivers of subrogation required by the Contract Documents shall be executed. 6.03 Contractor's Insurance A. Workers' Compensation: Contractor shall purchase and maintain the minimum amount of workers' compensation required by statute and employer's liability insurance with coverage equal to $1,000,000 per employee, accident, and policy limit for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop -gap endorsement in monopolist worker's compensation states). 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability —Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, with policy limits of no less than $1,000,000 each occurrence/$2,000,000 annual general aggregate/$2,000,000 annual products -completed operations aggregate, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability —Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 65 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together) or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured —Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance with policy limits of $1,000,000 against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance with policy limits of $5,000,000 each occurrence/annual aggregate, written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry - standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor's operations and completed operations with policy limits of not less than $1,000,000. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner, Indemnitees, and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 65 H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance with policy limits required by Owner. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. 6.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise by Owner in writing, provided in the Supplementary Conditions, or elsewhere in the Contract Documents, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 65 be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner, Indemnitees, and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 2. be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner -furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 65 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. 6.06 Waiver of Subrogation Rights A. The Builder's Risk insurance purchased in accordance with Paragraph 6.05 (if any) shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by the Builder's Risk Policy; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, Owner and all Indemnitees and/or insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 65 insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Owner's Representative, Contractor, and other Indemnitees, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. C. [Intentionally Deleted.] D. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. E. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and using its best skills and expertise as to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 65 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. Contractor agrees to assign to Owner at the time of final completion of the Work any and all manufacturer's warranties relating to materials and labor used in the Work, and Contractor further agrees to perform the Work in such a manner to preserve any and all manufacturer's warranties. 7.04 "Or Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer (in consultation with Owner) determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer (in consultation with Owner) determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 65 b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Time(s); and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or -equal" request. Engineer may require Contractor to furnish additional data about the proposed "or -equal" item. Engineer will be the sole judge of acceptability. No "or -equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or -equal", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer's Determination: Neither approval nor denial of an "or -equal" request shall result in any change in Contract Price. The Engineer's denial of an "or -equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer (in consultation with Owner) authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.13, as supplemented by the Specifications, and as Engineer (in consultation with Owner) may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 65 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Time(s), 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines (in consultation with Owner) that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Time(s). Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 65 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Time(s), or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 65 except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 65 resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner, Indemnitees, nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify, defend and hold harmless Owner, Indemnitees and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Time(s) resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 65 available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued (after consultation with Owner) a notice to Owner and Contractor in accordance with Paragraph 15.06.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 65 G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; C. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 65 Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 65 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Time(s) or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor's General Warranty and Guarantee Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. Contractor shall repair and make good, without expense to the Owner, any and all nonconformities in his Work which may develop within that time. The warranty provided herein shall be in addition to any other warranty or remedy required by law or by the Contract Documents, and such warranty shall be interpreted to require Contractor to replace defective materials and equipment and re -execute defective Work (including labor). Contractor shall not intentionally waive or take any action to prejudice or void any warranties as to materials or component parts used in the work or as to any Subcontractor's work without Owner's prior written consent. A. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 65 B. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. C. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. INDEMNITY — GENERAL. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS SET OUT IN PARAGRAPH 7.18.113 BELOW, CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND OWNER, ENGINEER, OWNER'S LENDER, WALSH RANCHES LIMITED PARTNERSHIP, AND OWNER'S OTHER AFFILIATED ENTITIES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES (THE "INDEMNITEES" AND INDIVIDUALLY AN "INDEMNITEE"), FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RESULTING FROM CONTRACTOR'S PERFORMANCE OF THE WORK OR OTHER ACTIVITIES OF CONTRACTOR OR ANY SUBCONTRACTOR PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (1) THE VIOLATION OF ANY ORDINANCE, REGULATION, STATUTE, OR OTHER APPLICABLE LAW BY CONTRACTOR OR ANY SUBCONTRACTOR (OR ANY OF THEIR EMPLOYEES) OF ANY TIER; (2) ANY LIEN CLAIM ASSERTED BY ANY SUBCONTRACTOR OR SUPPLIER OF ANY TIER FOR WORK OR MATERIALS PROVIDED TO THE PROJECT, PROVIDED THAT OWNER IS NOT IN BREACH OF ITS PAYMENT OBLIGATIONS HEREUNDER; (3) BODILY INJURY OR DEATH OF ANY PERSON, OR PROPERTY DAMAGE, INCLUDING LOSS OF USE OF PROPERTY; BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF CONTRACTOR, ITS SUBCONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY CONTRACTOR OR ANY SUBCONTRACTOR OR ANYONE FOR WHOSE ACTS CONTRACTOR MAY BE LIABLE. B. INDEMNITY — EMPLOYEE INJURY CLAIMS. IN ADDITION TO THE INDEMNIFICATION PROVIDED IN PARAGRAPHS 7.18.A AND 7.18.C, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS OWNER AND ALL INDEMNITEES FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND COSTS), ARISING OUT OF, RESULTING FROM, OR ATTRIBUTABLE TO ANY CLAIM OF BODILY INJURY, SICKNESS, DISEASE, OR DEATH OF ANY EMPLOYEE OF CONTRACTOR, ANY SUBCONTRACTOR, OR ANYONE DIRECTLY OR EJCDC° C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 65 INDIRECTLY EMPLOYED BY CONTRACTOR OR ANY OF ITS SUBCONTRACTORS, BROUGHT BY SUCH INJURED EMPLOYEE OR THE EMPLOYEE'S WORKERS COMPENSATION INSURANCE CARRIER (HEREINAFTER REFERRED TO AS AN "EMPLOYEE INJURY CLAIM"), EVEN TO THE EXTENT SUCH CLAIM, DAMAGE, LOSS, OR EXPENSE IS CAUSED OR IS ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE SOLE OR CONCURRENT NEGLIGENCE OF OWNER OR ANY INDEMNITEE, IT BEING THE EXPRESSED INTENT OF THE OWNER AND CONTRACTOR THAT, IN SUCH EVENT, THE CONTRACTOR IS TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE OWNER AND INDEMNITEES FROM THE CONSEQUENCES OF THEIR OWN NEGLIGENCE, WHETHER IT IS OR IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE BODILY INJURY, SICKNESS, DISEASE, OR DEATH OF THE EMPLOYEE. THE INDEMNIFICATION OBLIGATIONS UNDER THIS PARAGRAPH SHALL NOT BE LIMITED BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR CONTRACTOR UNDER WORKERS COMPENSATION ACTS, DISABILITY BENEFIT ACTS, OR OTHER EMPLOYEE BENEFIT ACTS. CONTRACTOR SHALL PROCURE LIABILITY INSURANCE COVERING ITS OBLIGATIONS UNDER THIS PARAGRAPH. C. In claims against any person or entity indemnified under this Paragraph 7.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 7.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. D. The obligations contained in this Paragraph 7.18 shall survive the expiration, completion, abandonment and/or termination of the Agreement and final completion of the Work and any other services to be provided pursuant to the Agreement but in no event shall survive beyond the term of the applicable Statute of Repose. E. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. F. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Paragraph 7.18 or the Additional Insured requirements set forth in the Contract Documents, such legal limitations are made a part of the contractual obligations and shall operate to amend the obligations to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the obligations shall continue in full force and effect. Should any provision in this Agreement be held invalid, unenforceable, or contrary to public policy, law, statute, or ordinance, then the remainder of the provision, paragraph, section, and/or Agreement shall not be affected thereby and shall remain valid and fully enforceable. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless EJCDC° C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 65 such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 65 may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Time(s), or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Time(s) under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Time(s) is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Time(s). B. Without otherwise limiting the Contractor's obligations, duties and agreements set forth in this Contract, the Contractor shall carefully inspect the Project site, carefully inspect adjacent property and structures located adjacent to or near the Project site, and undertake all measures necessary to (i) avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 65 at or adjacent to the Site, and (ii) protect adjacent structures and property (and their occupants and invitees) against damage or loss caused by the Work. The Contractor shall conduct its operations in a manner so as not to damage structures, property, or persons adjacent to or nearby the Project site. The Contractor acknowledges receipt of full information concerning the Site and the adjacent properties, the adjoining facilities and the nature of the equipment therein contained. Notwithstanding anything else to the contrary contained in the Contract Documents, any damages, delays, disruptions, or interference with the work of any such other contractor or utility owner shall be the sole responsibility of Contractor, and Owner may impose a set-off against payments due to Contractor, and/or assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of obligations set forth in this Section. Further, in the event of any loss of the adjacent or nearby structures, property or affected persons arising out of Contractor's performance of the Work shall be the responsibility of the Contractor and shall be remedied by the Contractor at its sole expense without recourse to the Owner, except for damage attributed solely to the acts or omissions of the Owner, the Owner's consultants, and/or the Engineer. The Contractor has completed its reasonable due diligence and understands all conditions of the Site and adjacent properties. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 — OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer or Owner's appointed construction manager. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 65 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make approved payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.13. 9.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work) pursuant to Texas law. 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 65 B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer will be one of Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. 10.02 Visits to Site A. The Owner and Engineer will make visits to the Site at intervals appropriate to the various stages of construction as each deem is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer and Owner have the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 65 B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Owner's and Engineer's Authority and Responsibilities A. Neither Owner's nor Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer and Owner will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer and Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer and Owner will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Owner's and Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 65 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Time(s), such amendment or supplement must be set forth in a Change Order. Any such amendment, if it is intended to adjust either the Contract Time(s) or Contract Price, shall be effective only if and when it is in writing and executed as a written Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Time(s). b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. c. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Time(s) but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Time(s); or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Time(s), or both, no later than 10 days after the completion of the Work set out in the Work Change Directive. Cl. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Time(s) and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Time(s), or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner -Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Time(s) or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 65 deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time(s) with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.Q. C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.13.1 and 13.01.13.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.13.3, the Contractor's fee shall be five percent; C. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 65 Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.13.4, 13.01.13.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Time(s) A. The Contract Time(s) may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Time(s) shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Time(s) shall comply with the provisions of Article 12. B. An adjustment of the Contract Time(s) shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 11.06 Change Proposals Intentionally deleted. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Time(s) which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Time(s), or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time(s)), the giving of any such notice will be EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 65 Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12 — CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Time(s), or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Time(s) or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 65 not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Time(s), or the Contract Price. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work Intentionally deleted. 1. ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer and Owner timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 65 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer and Owner have the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 65 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time(s), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 65 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Time(s) because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer and Owner for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 65 2. Notwithstanding anything contained in the Contract Documents to the contrary, no payment from Owner on an Application for Payment will be due unless Contractor has delivered (i) a written unconditional lien waiver to Owner on behalf of the Contractor with such Application for Payment, and (ii) beginning with the second Application for Payment, a conditional (conditioned on payment only) lien waiver from each Subcontractor and Supplier providing any portion of the Work relating to the then current Application for Payment, and an unconditional lien waiver from each Subcontractor and Supplier providing any portion of the Work included in the Application for Payment immediately preceding the then current Application for Payment, all in a form reasonably satisfactory to Owner and Owner's lender (if any), each certifying that all the applicable Work has been completed in accordance with the Contract Documents and each waiving and releasing (conditionally or unconditionally, as applicable) all lien rights of the party relating thereto. Contractor shall not be required to deliver releases of lien for materialmen providing materials which in aggregate over the course of the Work are less than $2,500. 3. The amount of retainage with respect to progress payments will be Ten Percent (10%) as stipulated in the Agreement. C. Review of Applications: 1. Engineer (in consultation with Owner) will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's or Owner's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 65 b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. In addition, an Application for Payment may be withhold in whole or in part, because of subsequently discovered evidence, may nullify the whole or a part of an Application for Payment previously issued, to such extent as may v necessary to protect the owner from loss for which Contractor is responsible, including loss resulting from (i) defective Work not remedied, (2) third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contract, (3) failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment, (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, (5) damage to the Owner or a Separate Contractor, (6) reasonable evidence that the Work will not be completed within the Contract Time(s), and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay, or (7) failure to carry out the Work in accordance with the Contract Documents. 6. Engineer will also recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 65 D. Payment Becomes Due: 1. Thirty days after approval of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor, unless a reduction in payment set forth in Paragraph 15.01.E. is made and in such case, the amount not disputed will be paid. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 65 and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. B. Contractor shall defend Owner, at Contractor's sole cost and expense, against any actions, lawsuits, or proceedings brought against Owner as a result of liens filed against the Site or otherwise, except to the extent that such liens arise due to Owner wrongfully withholding payment. Contractor shall indemnify, defend, and hold harmless Owner and the Indemnitees against any such liens or claims for lien and agrees to pay any judgment or lien against Owner or the property against which such liens are asserted resulting from any such actions, lawsuits or proceedings brought to enforce any such lien or claim. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer (in consultation with Owner) considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 65 Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner, if applicable. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. All punch list items must be completed within thirty (30) days following substantial completion. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 65 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer (after consultation with Owner), satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. f. Approval of such completion by local government authorities, as evidenced by a certificates of occupancy or similar certificates. g. Satisfaction by Contractor of the remaining close-out procedures and other final payment requirements described in the Specifications, including, without limitation, any tests and adjustments of MEP equipment and systems; and h. Removal of temporary facilities, services, surplus materials and rubbish; i. Receipt of 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 canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner; and j. Receipt of a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 65 B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer (in consultation with Owner) is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. N/A D. Payment Becomes Due: Thirty One days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 65 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Time(s), or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 4. Contractor's repeated disregard of the authority of Owner or Engineer; 5. Contractor becomes insolvent, or makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors; EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 65 6. Contractor files or has filed against it a petition under and chapter or section of the United States Bankruptcy Code as amended, or under any similar law or statute of the United States or any state thereof, or shall be adjudged bankrupt or insolvent in any legal proceeding; 7. a receiver or trustee is appointed for all or a significant portion of the assets of Contractor; 8. Contractor actually or constructively abandons, or puts Owner on actual or constructive notice that it intends to abandon, the Project; or 9. Contractor fails after commencement of the Work to proceed continuously with the construction and completion of the Work for more than ten (10) days, except as permitted under the Contract Documents or due to the fault of the Owner, Engineer, Owner's separate contractors, subcontractors of Owner's separate contractors, or the agents or employees of any of them. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.13 if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. Notwithstanding anything contained in the Contract Documents to the contrary, the Owner shall not be responsible for damages for loss of anticipated profits on Work not performed on account of any termination described herein F. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 65 G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.13 and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Time(s) or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 65 B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 — MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 65 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 65 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Article 1 — Definitions and Terminology.......... 1.01 Defined Terms ............................... 1.02 Terminology .................................. Article 2 — Preliminary Matters ....................... 2.01 Before Starting Construction...... 2.02 Preconstruction Conference........ 2.03 Public Meeting ............................ Page .............................................1 .............................................1 ............................................. 5 ....................................................... 6 ....................................................... 6 ....................................................... 6 ....................................................... 6 Article 3 — Contract Documents and Amending............................................................................................... 6 3.01 Reference Standards..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents.................................................................. 6 Article 4 — Bonds and Insurance....................................................................................................................... 7 4.01 Licensed Sureties and Insurers..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds........................................................................ 7 4.03 Certificates of Insurance............................................................................................................... 7 4.04 Contractor's Insurance.................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................12 Article 5 — Contractor's Responsibilities........................................................................................................12 5.01 Supervision and Superintendent.................................................................................................12 5.02 Labor; Working Hours................................................................................................................13 5.03 Services, Materials, and Equipment...........................................................................................13 5.04 Project Schedule..........................................................................................................................14 5.05 Substitutes and "Or-Equals".......................................................................................................14 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors).....................................16 5.07 Concerning Subcontractors, Suppliers, and Others...................................................................16 5.08 Wage Rates..................................................................................................................................18 5.09 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas.......................................................................................................19 5.12 Record Documents......................................................................................................................20 5.13 Safety and Protection.................................................................................................................. 21 5.14 Safety Representative.................................................................................................................21 5.15 Hazard Communication Programs.............................................................................................22 5.16 Submittals....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ............................................ 5.19 Delegation of Professional Design Services 5.20 Right to Audit: ............................................. 5.21 Nondiscrimination ........................................ Article 6 - Other Work at the Site....... 6.01 Related Work at Site ....... Article 7 - City's Responsibilities ............................................ 7.01 Inspections, Tests, and Approvals ....................... 7.02 Limitations on City's Responsibilities ................ 7.03 Compliance with Safety Program ........................ Article 8 - City's Observation Status During Construction....... 8.01 City's Project Representative ................................. 8.02 Authorized Variations in Work .............................. 8.03 Rejecting Defective Work ...................................... 8.04 Determinations for Work Performed ...................... Article 9 - Changes in the Work ...................... 9.01 Authorized Changes in the Work 9.02 Notification to Surety ................... Article 10 - Change of Contract Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Change of Contract Time ........................................... 10.03 Delays......................................................................... Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............ 11.01 Notice of Defects.............................................................................................................. 11.02 Access to Work................................................................................................................. 11.03 Tests and Inspections........................................................................................................ 11.04 Uncovering Work............................................................................................................. 11.05 City May Stop the Work................................................................................................... 11.06 Correction or Removal of Defective Work...................................................................... 11.07 Correction Period.............................................................................................................. 11.08 City May Correct Defective Work................................................................................... Article 12 - Completion ........................................... 12.01 Contractor's Warranty of Title ............ 12.02 Partial Utilization ................................. 12.03 Final Inspection .................................... 12.04 Final Acceptance .................................. Article 13 - Suspension of Work ..................................... 13.01 City May Suspend Work ............................. Article 14 - Miscellaneous ......................................... 14.01 Giving Notice ......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 24 24 25 25 26 26 26 26 26 27 a a ... 29 ... 29 ... 29 ... 29 ... 30 ... 30 ... 30 ... 30 ... 31 ................................. 32 ................................. 32 ................................. 32 ................................. 32 ................................. 33 ............................................................. 33 ............................................................. 33 34 34 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations...............................................................................................................35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions in. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7: 00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either parry or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: NONE Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: NONE Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence:: NONE Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (Check this box if there is any City Participation) ® Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. ® Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 Ith day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.13. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given i£ 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 11 00 SUMMARY OF WORK 011100-1 DAP SUMMARY OF WORK Pagel of 3 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH WATER & SANITARY SEWER - WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105844 Revised December 20, 2012 011100-2 DAP SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH WATER & SANITARY SEWER - WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105844 Revised December 20, 2012 011100-3 DAP SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH WATER & SANITARY SEWER - WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105844 Revised December 20, 2012 012500-1 DAP SUBSTITUTION PROCEDURES SECTION 0125 00 SUBSTITUTION PROCEDURES PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 4 The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or -equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or -equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or -equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 012500-2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 012500-3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 4. Substitution will be rejected if. a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer's opinion, acceptance will require substantial revision of the original design d. In the City's or Developer's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 012500-4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Address Date Telephone For Use by City: Approved City Recommended Recommended Not recommended Received late By Date Remarks Date Rej ected CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 013119-1 DAP PRECONSTRUCTION MEETING SECTION 01 31 19 PRECONSTRUCTION MEETING PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 3 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 013119-3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 013233-1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH WATER & SANITAR Y SE WER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 SECTION 0133 00 DAP SUBMITTALS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 013300-1 DAP SUBMITTALS Page 1 of 8 General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 013300-2 DAP SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 '/2 inches x 11 inches to 8 '/2 inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 013300-3 DAP SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing -in diagrams and templates 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 013300-4 DAP SUBMITTALS Page 4 of 8 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare -parts listing and printed product warranties 12) As applicable to the Work H. Samples As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 013300-5 DAP SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 013300-6 DAP SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 013300-7 DAP SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 013300-8 DAP SUBMITTALS Page 8 of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] D 31111=1x4011130 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August 30, 2013 0135 13- 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 £ Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 — General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 25 1.2 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this Specification refer to the current reference 28 standard published at the time of the latest revision date logged at the end of this 29 Specification, unless a date is specifically cited. 30 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 31 High Voltage Overhead Lines. 32 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 33 Specification 34 1.3 ADMINISTRATIVE REQUIREMENTS 35 A. Coordination with the Texas Department of Transportation 36 1. When work in the right-of-way which is under the jurisdiction of the Texas 37 Department of Transportation (TxDOT): 38 a. Notify the Texas Department of Transportation prior to commencing any work 39 therein in accordance with the provisions of the permit CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 013513-2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage -type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 0131 13 E. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August, 30, 2013 013513-3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water meter from the Water Department for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live system be turned off and on 7 to accommodate the construction of the project is required, coordinate this 8 activity through the appropriate City representative. 9 1) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas Penal 11 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 12 will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 F. Public Notification Prior to Beginning Construction 16 1. Prior to beginning construction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a. Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 1) Prepare flyer on the Contractor's letterhead and include the following 23 information: 24 a) Name of Project 25 b) City Project No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 f) Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 32 A. 33 3) Submit schedule showing the construction start and finish time for each 34 block of the project to the inspector. 35 4) Deliver flyer to the City Inspector for review prior to distribution. 36 b. No construction will be allowed to begin on any block until the flyer is 37 delivered to all residents of the block. 38 G. Public Notification of Temporary Water Service Interruption during Construction 39 1. In the event it becomes necessary to temporarily shut down water service to 40 residents or businesses during construction, prepare and deliver a notice or flyer of 41 the pending interruption to the front door of each affected resident. 42 2. Prepared notice as follows: 43 a. The notification or flyer shall be posted 24 hours prior to the temporary 44 interruption. 45 b. Prepare flyer on the contractor's letterhead and include the following 46 information: 47 1) Name of the project 48 2) City Project Number CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August, 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. I. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August, 30, 2013 013513-5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.6 CLOSEOUT SUBMITTALS [NOT USED] 4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.8 QUALITY ASSURANCE [NOT USED] 6 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.10 FIELD [SITE] CONDITIONS [NOT USED] 8 1.11 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE 1.3.13— Added requirement of compliance with Health and Safety Code, Title 9. 8/31/2012 D. Johnson Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August, 30, 2013 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August, 30, 2013 2 3 4 Date: EXHIBIT B FORT WORTH DOE NO. xxxx Project Name: 013513-7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised August, 30, 2013 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's document management system, or another form of distribution approved by the City. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised March 20, 2020 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magana Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised March 20, 2020 015000-1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART1- GENERAL 1.1 SUMMARY A. Section Includes: Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised JULY 1, 2011 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off -site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised JULY 1, 2011 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on -call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE -INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised JULY 1, 2011 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised JULY 1, 2011 015526-1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 34 71 13 — Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised July 1, 2011 015526-2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised July 1, 2011 015526-3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised July 1, 2011 015713-1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 0157 13 STORM WATER POLLUTION PREVENTION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 3125 00 — Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 3125 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised July 1, 2011 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP Submit in accordance with Section 0133 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised July 1, 2011 0157 13 -3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 0133 00. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised July 1, 2011 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City's website at: httDs://apps.fortworthtexas.2ov/ProiectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. C. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. D. See Section 0133 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised March 20, 2020 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magafia Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised March 20, 2020 016600-1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off -site storage and protection when on -site storage is not adequate. a. Provide addresses of and access to off -site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 016600-3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non -Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 017000-1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 SECTION 0170 00 MOBILIZATION AND REMOBILIZATION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements IRM97[yW.307Z%140IDleh89,11101111114`1V A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 017123-1 CONSTRUCTION STAKING AND SURVEY Pagel of 8 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY A. Section Includes: 1. Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification 1. See Changes (Highlighted in Yellow). C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Staking a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 3. As -Built Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. CITY OF FORT WORTH Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised February 14, 2018 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 1.3 REFERENCES A. Definitions 1. Construction Survev - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As -built Survev —The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Stakins — The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survev "Field Checks" — Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw website) — 01 71 23.16.01— Attachment A Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City's Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. The Contractor's selection of a surveyor must comply with Texas Government 27 Code 2254 (qualifications based selection) for this project. 28 1.5 SUBMITTALS 29 A. Submittals, if required, shall be in accordance with Section 0133 00. 30 B. All submittals shall be received and reviewed by the City prior to delivery of work. 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 32 A. Field Quality Control Submittals 33 1. Documentation verifying accuracy of field engineering work, including coordinate 34 conversions if plans do not indicate grid or ground coordinates. 35 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 36 (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 37 38 1.7 CLOSEOUT SUBMITTALS 39 B. As -built Redline Drawing Submittal CITY OF FORT WORTH Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised February 14, 2018 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of 2 constructed improvements signed and sealed by Registered Professional Land 3 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A 4 — Survey Staking Standards) . 5 2. Contractor shall submit the proposed as -built and completed redline drawing 6 submittal one (1) week prior to scheduling the project final inspection for City 7 review and comment. Revisions, if necessary, shall be made to the as -built redline 8 drawings and resubmitted to the City prior to scheduling the construction final 9 inspection. 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE 12 A. Construction Staking 13 1. Construction staking will be performed by the Contractor. 14 2. Coordination 15 a. Contact City and Developer's Project Representative at least one week in 16 advance notifying the City of when Construction Staking is scheduled. 17 b. It is the Contractor's responsibility to coordinate staking such that 18 construction activities are not delayed or negatively impacted. 19 3. General 20 a. Contractor is responsible for preserving and maintaining stakes. If 21 Developer's Project Representative are required to re -stake for any reason, the 22 Contractor will be responsible for costs to perform staking. If in the opinion of 23 the City, a sufficient number of stakes or markings have been lost, destroyed 24 disturbed or omitted that the contracted Work cannot take place then the 25 Contractor will be required to stake or re -stake the deficient areas. 26 B. Construction Survey 27 1. Construction Survey will be performed by the Contractor. 28 2. Coordination 29 a. Contractor to verify that horizontal and vertical control data established in the 30 design survey and required for construction survey is available and in place. 31 3. General 32 a. Construction survey will be performed in order to construct the work shown 33 on the Construction Drawings and specified in the Contract Documents. 34 b. For construction methods other than open cut, the Contractor shall perform 35 construction survey and verify control data including, but not limited to, the 36 following: 37 1) Verification that established benchmarks and control are accurate. 38 2) Use of Benchmarks to furnish and maintain all reference lines and grades 39 for tunneling. 40 3) Use of line and grades to establish the location of the pipe. 41 4) Submit to the City copies of field notes used to establish all lines and 42 grades, if requested, and allow the City to check guidance system setup prior 43 to beginning each tunneling drive. 44 5) Provide access for the City, if requested, to verify the guidance system and 45 the line and grade of the carrier pipe. CITY OF FORT WORTH Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised February 14, 2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As -Built Survey 1. Required As -Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 25O linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 25O linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater — Not Applicable b. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) CITY OF FORT WORTH Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised February 14, 2018 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 1 d) Fire hydrants 2 e) Valves (gate, butterfly, etc.) 3 f) Air Release valves (Manhole rim and vent pipe) 4 g) Blow off valves (Manhole rim and valve lid) 5 h) Pressure plane valves 6 i) Underground Vaults 7 (1) Rim and flowline elevations and coordinates for each 8 Underground Vault. 9 3) Sanitary Sewer 10 a) Cleanouts 11 (1) Rim and flowline elevations and coordinates for each 12 b) Manholes and Junction Structures 13 (1) Rim and flowline elevations and coordinates for each 14 manhole and junction structure. 15 4) Stormwater — Not Applicable 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY 19 PART 2 - PRODUCTS 20 A. A construction survey will produce, but will not be limited to: 21 1. Recovery of relevant control points, points of curvature and points of intersection. 22 2. Establish temporary horizontal and vertical control elevations (benchmarks) 23 sufficiently permanent and located in a manner to be used throughout construction. 24 3. The location of planned facilities, easements and improvements. 25 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 26 areas, utilities, streets, highways, tunnels, and other construction. 27 b. A record of revisions or corrections noted in an orderly manner for reference. 28 c. A drawing, when required by the client, indicating the horizontal and vertical 29 location of facilities, easements and improvements, as built. 30 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 31 construction staking projects. These cut sheets shall be on the standard city template 32 which can be obtained from the Survey Superintendent (817-392-7925). 33 5. Digital survey files in the following formats shall be acceptable: 34 a. AutoCAD (.dwg) 35 b. ESRI Shapefile (.shp) 36 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 37 standard templates, if available) 38 6. Survey files shall include vertical and horizontal data tied to original project 39 control and benchmarks, and shall include feature descriptions 40 PART 3 - EXECUTION 41 3.1 INSTALLERS CITY OF FORT WORTH Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised February 14, 2018 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 1 A. Tolerances: 2 1. The staked location of any improvement or facility should be as accurate as 3 practical and necessary. The degree of precision required is dependent on many 4 factors all of which must remain judgmental. The tolerances listed hereafter are 5 based on generalities and, under certain circumstances, shall yield to specific 6 requirements. The surveyor shall assess any situation by review of the overall plans 7 and through consultation with responsible parties as to the need for specific 8 tolerances. 9 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 10 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 11 1.0 ft. tolerance. 12 b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. 13 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 14 walkways shall be located within the confines of the site boundaries and, 15 occasionally, along a boundary or any other restrictive line. Away from any 16 restrictive line, these facilities should be staked with an accuracy producing no 17 more than 0.05ft. tolerance from their specified locations. 18 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 19 electric lines, shall be located horizontally within their prescribed areas or 20 easements. Within assigned areas, these utilities should be staked with an 21 accuracy producing no more than 0.1 ft tolerance from a specified location. 22 e. The accuracy required for the vertical location of utilities varies widely. Many 23 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 24 should be maintained. Underground and overhead utilities on planned profile, 25 but not depending on gravity flow for performance, should not exceed 0.1 ft. 26 tolerance. 27 B. Surveying instruments shall be kept in close adjustment according to manufacturer's 28 specifications or in compliance to standards. The City reserves the right to request a 29 calibration report at any time and recommends regular maintenance schedule be 30 performed by a certified technician every 6 months. 31 1. Field measurements of angles and distances shall be done in such fashion as to 32 satisfy the closures and tolerances expressed in Part 3.1.A. 33 2. Vertical locations shall be established from a pre -established benchmark and 34 checked by closing to a different bench mark on the same datum. 35 3. Construction survey field work shall correspond to the client's plans. Irregularities 36 or conflicts found shall be reported promptly to the City. 37 4. Revisions, corrections and other pertinent data shall be logged for future reference. 38 39 3.2 EXAMINATION [NOT USED] 40 3.3 PREPARATION [NOT USED] 41 3.4 APPLICATION 42 3.5 REPAIR / RESTORATION 43 A. If the Contractor's work damages or destroys one or more of the control 44 monuments/points set by the Developer's Project Representative, the monuments shall be 45 adequately referenced for expedient restoration. CITY OF FORT WORTH Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised February 14, 2018 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 1 1. Notify Developer's Project Representative if any control data needs to be restored 2 or replaced due to damage caused during construction operations. 3 a. Contractor shall perform replacements and/or restorations. 4 b. The Developer's Project Representative may require at any time a survey 5 "Field Check" of any monument or benchmarks that are set be verified by the 6 Developer's Project Representative before further associated work can move 7 forward. 8 3.6 RE -INSTALLATION [NOT USED] 9 3.7 FIELD [OR] SITE QUALITY CONTROL 10 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 11 Developer's Project Representative in accordance with this Specification. This includes 12 easements and right of way, if noted on the plans. 13 B. Do not change or relocate stakes or control data without approval from the City. 14 3.8 SYSTEM STARTUP 15 A. Survey Checks 16 1. The City reserves the right to perform a Survey Check at any time deemed 17 necessary. 18 2. Checks by City personnel or 31 party contracted surveyor are not intended to 19 relieve the contractor of his/her responsibility for accuracy. 20 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. Owen definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. Removed "blue text"; revised measurement and payment sections for Construction 2/14/2018 M Owen Staking and As -Built Survey; added reference to selection compliance with TGC 2254; revised action and Closeout submittal requirements; added acceptable depth CITY OF FORT WORTH Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised February 14, 2018 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH Walsh West STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised February 14, 2018 SECTION 0174 23 CLEANING PART1- GENERAL 1.1 SUMMARY 017423-1 DAP CLEANING Page 1 of 4 A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 74 23 - 2 DAP CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 74 23 - 3 DAP CLEANING Page 3 of 4 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on -site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re -seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 74 23 - 4 DAP CLEANING Page 4 of 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 SECTION 0177 19 CLOSEOUT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY 017719-1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH WATER & SANITAR Y SE WER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 0178 39 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH WATER & SANITAR Y SE WER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) £ Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH WATER & SANITAR Y SE WER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 017823-1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 0133 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 1/2 inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly -leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31 /2012 D. Johnson 1.5.A.1 — title of section removed 4/7/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 017839-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 SECTION 0178 39 PROJECT RECORD DOCUMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 017839-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH WATER & SANITARY SEWER — WALSH WEST STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105844 Revised April 7, 2014 FORT WORTH. Approval Spec No. Classsification CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Manufacturer Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) Model No. National Spec Updated: 11-6-24 Size 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra -Seal P-201 ASTM D2240/D412/D792 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 04/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press -Seal Gasket Corp. 2504G Gasket ASTM C-443/C-361 SS MH 1/26/99 33 05 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non -traffic area 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System Water & Sewer - Manholes & Bases/FiberLlass 33-39-13 (1/8/13) 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. I Flowtite ASTM 3753 Non -traffic area 08/30/06 33 39 13 Fiberglass Manhole L.F. Manufacturing Non -traffic area Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16) * 33 05 13 (Manhole Frames and Covers I Western Iron Works, Bass & Hays Foundry f 1001 24"x40" WD Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 30024 24" Dia. * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. A 24 AM 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 33 05 13 Manhole Frames and Covers Sigma Corporation MH-144N 33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N 33 05 13 Manhole Frames and Covers Pont-A-Mousson GTS-STD 24" dia. 33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. 7/25/03 33 05 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R817S 30" Dia. 01/31/06 33 05 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASHTO M306-04 30" Dia. 11/02/10 33 05 13 30" Dia. MH Ring and Cover Sigma Corporation MH1651FWN & MH16502 30" Dia 07/19/11 33 05 13 30" Dia. MH Ring and Cover Star Pipe Products MH32FTWSS-DC 30" Dia 08/10/11 33 05 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 30" ERGO XL Assembly 10/14/13 33 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) East Jordan Iron Works with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A536 30" Dia 06/01/17 3405 13 30" Dia. MH Ring and Cover (Lockable) Cl SIP Industries 2280 (32") ASTM A 48 30" Dia. 12/05/23 3405 13 30" Dia. MH Ring and Cover (Hinged & Lockable) Cl SIP Industries 4267WT - Hinged (32") ASTM A 48 30" Dia. CAP-ONE-30-FTW, Composite, w/ Lock 09/16/19 33 05 13 30" Dia. MH Ring and Cover Composite Access Products, L.P. w/o Hing 30" Dia. 10/07/21 3405 13 30" Dia. MH Ring and Cover Trumbull Manufacturing 32"(30") Frame and Cover 30" Dia. Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia. * 33 05 13 Manhole Frames and Covers Neenah Casting 24" Dia. * 33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia. 03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia. 04/20/01 33 05 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia. Water & Sewer - Manholes & Bases/Precast Concrete (Rev 1/8/13) * 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp SPL Item #49 ASTM C 478 48" * 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. ASTM C-443 48" 09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone 12/05/23 33 39 10 Manhole, Precast Concrete The Turner Company 72" I.D. Manhole w/ 32" Cone ASTM C 478 72" 05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 4811,6011 Manhole, 32" Opening and Flat top, (No 09/03/24 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. Transition Cones) ASTM C 478 48" to 84" I.D. 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" 09/06/19 33 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72" 10/07/21 32 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete Armorock 48" & 60" I.D. Manhole w/32" Cone 48" & 60" 10/07/21 33 39 20 Manhole, Precast (Hybrid) Polymer & PVC Geneva Pipe and Precast (Predl Systems) 48" & 60" I.D. Manhole w/32" Cone 48" & 60" Non Traffic Areas ASTM C-478; ASTM C-923; 03/07/23 33 39 20 Manhole, Precast Concrete AmeriTex Pipe and Products, LLC 48" & 60" I.D. Manhole w/32" Cone ASTM C-443 03/07/23 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete P3 Polymers, RockHardscp 48" & 60" I.D. Manhole w/32" Cone 04/28/07 Manhole, Precast (Reinforced Polymer) Concrete Amitech USA Meyer Polycrete Pipe Sewer -(WAC) Wastewater Access Chamber 33 39 40 For use when Std. MH cannot be 12/29/23 33 39 20 Wastewater Access Chamber Quickstream Solutions, Inc. Type 8 Maintenace Shaft (Poopit) installed due to depth Water & Sewer - Manholes & Bases/Rehab Svstems/Cementitious * E1-14 Manhole Rehab Systems Quadex 04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. Reliner MSP E1-14 Manhole Rehab Systems AP/M Permaform 4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System 5/12/03 E1-14 Manhole Rehab System (Liner) Triplex Lining System MH repair product to stop infiltration ASTM D5813 08/30/06 General Concrete Repair F1exKrete Technologies Vinyl Polyester Repair Product Misc. Use * From Original Standard Products List 1 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11-6-24 Approval Spec No. I Classsification I Manufacturer Model No. National Spec Size Water & Sewer - Manholes & Bases/Rehab Svstems/NonCementitious 05/20/96 E1-14 Manhole Rehab Systems Sprayroq, Spray Wall Polyurethane Coating ASTM D639/D790 12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) Structures Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications 33 05 16, 33 39 10, RR&C Dampproofing Non-Fibered Spray For Exterior Coating of Concrete 03/19/18 33 39 20 Coating for Corrosion protection(Exterior) Sherwin Williams Grade (Asphatic Emulsion) Structures Only Water & Sewer - Manhole Inserts - Field Operations Use Onlv (Rev 2/3/16) * 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. Lifesaver - Stainless Steel For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia Water & Sewer - Pipe Casino Spacers 33-05-24 (07/01/13) 11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI 02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI 04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers 09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48" 09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casing Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48" 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) for Non pressure Pipe and Grouted Casing 03/29/22 33 05 13 Casing Spacers CCI Pipeline Systems CSC12, CSS12 09/03/24 33 05 13 Casing Spacers Raci (Completely HDPE) Per Manufacturers Requirements (Sewer 8" - 12" (Sewer Only) Applications Only) Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13) * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C151 3" thru 24" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Fastite Pipe (Bell Spigot) AWWA C150, C151 4" thru 30" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AWWA C150, C151 4" thru 30" * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AWWA C150, C151 * 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AWWA C150, C151 Water & Sewer - Utility Line Marker (08/24/2018) Sewer - Coatings/Evoxv 33-39-60 (01/08/13) 02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 210RS LA County #210-1.33 12/14/01 Epoxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series 04/14/05 Interior Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications Sewer - Coatings/Polyurethane Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2" Sewer - Pipes/Concrete * E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL i«o. #95 ra,...hol #99 Pip ASTM C 76 * E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76 Sewer - Pipe Enlarcment Svstem (Method)33-31-23 (01/18/13) PIM System PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J. Approved Previously McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously Sewer - Pipe/Fiberclass Reinforced/ 33-31-13(1/8/13) 7/21/97 33 31 13 Cent. Cast Fiberglass (FRP) Hobas Pipe USA, Inc. Hobas Pipe (Non -Pressure) ASTM D3262/D3754 03/22/10 33 31 13 Fiberglass Pipe (FRP) Ameron Bondstrand RPMP Pipe ASTM D3262/D3754 04/09/21 33 31 13 Glass -Fiber Reinforced Polymer Pipe (FRP) Thompson Pipe Group Thompson Pipe (Flowtite) ASTM D3262/D3754 ASTM D3262, ASTM D3681, 03/07/23 33 31 13 Fiberglass Pipe (FRP) Future Pipe Industries Fiberstrong FRP ASTM D4161, AWWA M45 ASTM D3262, ASTM D3517, 09/03/24 33 31 13 Fiberglass Pipe (FRP) Superlit Boru Sanayi A.S. Superlit FRP ASTM 3754, AWWA C950 * From Original Standard Products List 2 FORT WORTH. Approval Spec No. I Classsification Sewer - Pipe/Polymer Pipe 4/14/05 Polymer Modified Concrete Pipe 06/09/10 E1-9 Reinforced Polymer Concrete Pipe Sewer - Pipes/HDPE 33-31-23(1/8/13) * High -density polyethylene pipe * High -density polyethylene pipe * High -density polyethylene pipe High -density polyethylene pipe Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13) 12/02/11 33-11-12 DR-14 PVC Pressure Pipe 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Sewer - Pipes/PVC* 33-31-20 (7/1/13) * 33-31-20 PVC Sewer Pipe 12/23/97* 33-31-20 PVC Sewer Pipe * 33-31-20 PVC Sewer Pipe 12/05/23 33-31-20 PVC Sewer Pipe 12/05/23 33-31-20 PVC Sewer Pipe * 33-31-20 PVC Sewer Pipe 05/06/05 33-31-20 PVC Solid Wall Pipe 04/27/06 33-31-20 PVC Sewer Fittings * 33-31-20 PVC Sewer Fittings 3/19/2018 33 31 20 PVC Sewer Pipe 3/19/2018 33 31 20 PVC Sewer Pipe 3/29/2019 33 31 20 Gasketed Fittings (PVC) 10/21/2020 33 31 20 PVC Sewer Pipe 10/22/2020 33 31 20 PVC Sewer Pipe 10/21/2020 33 3120 PVC Sewer Pipe CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11-6-24 Manufacturer Model No. National Spec Size Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76 Phillips Driscopipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8" Plexco Inc. ASTM D 1248 8" Polly Pipe, Inc. ASTM D 1248 8" CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248 Pipelife Jetstream PVC Pressure Pipe AWWA C900 4" thru 12" Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thru 12" J-M Manufacturing Co., Inc. QM Eagle) SDR-26 (PSI 15) ASTM D 3034 4" - 15" Diamond Plastics Corporation SDR-26 (PSI 15) ASTM D 3034 4" thru 15" Lamson Vylon Pipe SDR-26 (PSI 15) ASTM D 3034 4" thru 15" Vinyltech PVC Pipe SDR-26 (PSI 15) ASTM D3034 4" thru 15" Vinyltech PVC Pipe Gravity Sewer PS 115 ASTM F 679 18" J-M Manufacturing Co, Inc. (JM Eagle) PS 115 ASTM F 679 18" - 28" Diamond Plastics Corporation PS 115 ASTM F-679 18" to 48" Harco SDR-26 (PS 115) Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15" Plastic Trends, Inc.(Westlake) Gasketed PVC Sewer Main Fittings ASTM D 3034 Pipelife Jet Stream SDR 26 (PS 115) ASTM F679 1811- 24" Pipelife Jet Stream SDR 26 ASTM D3034 4"- 15" GPK Products, Inc. SDR 26 ASTM D3034 4"- 15" NAPCO(Westlake) SDR 26 ASTM D3034 4" - 15" Sanderson Pipe Corp. SDR 26 ASTM D3034 4"- 15" NAPCO(Westlake) SDR 26 PS 115 ASTM F-679 1811- 36" * From Original Standard Products List 3 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11-6-24 Approval Spec No. I Classsification Manufacturer Model No. National Spec Size Water - Appurtenances 33-12-10 (07/01/13) 09/03/24 33-12-10 Double Strap Saddle Ford Meter Box Co., Inc. 202B V-2" SVC, up to 16" Pipe 01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 V-2" SVC, up to 24" Pipe 08/28/02 Double Strap Saddle Smith Blair #317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe 03/07/23 33-12-10 Double Strap Service Saddle Powerseal 3450AS, Inc]. Corp. Stop, Dbl Strap, Stainless NSF ANSI 372 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops -Ball Meter Valves McDonald 6100M,6100MT & 61OMT 3/4" and 1" 10/27/87 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 6100M, 610OTM and 6101M 1'/2" and 2" FB600-7NL, FB1600-7-NL, FV23-777-W-NL, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. L22-77NL AWWA C800 2" FB600-6-NL, FB1600-6-NL, FV23-666-W- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, L22-66NL AWWA C800 1-1/2" FB600-4-NL, FBI600-4-NL, B I 1-444-WR- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, B22444-WR-NL, L28-44NL AWWA C800 I" B-25000N, B-24277N-3, B-20200N-3, H- AWWA C800, ANSF 61, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, , H-1552N, H142276N ANSI/NSF 372 2" B-25000N, B-20200N-3, B-24277N-3,H- AWWA C800, ANSF 61, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1-1/2" B-25000N, B-20200N-3,H-15000N, H- AWWA C800, ANSF 61, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15530N ANSI/NSF 372 1" 01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out 03/29/22 33-12-25 Tapping Sleeve (Coated or Stainless Steel) JCM Industries, Inc. 415 Tapping Sleeve AWWA C-223 Concrete Pipe Only 05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 420 AWWA C-223 U p to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-IEPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-IEPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-IEPAF FTW Class "A" Concrete Meter Box Bass & Hays CM1337-1312 1118 LID-9 Concrete Meter Box Bass & Hays CMB-I8-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CM1365-1365 1527 LID-9 Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/13) None Water - Combination Air Release 33-31-70 (01/08/13) * EI-11 Combination Air Release Valve GA Industries, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 1" & 2" * E1-11 Combination Air Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 1/211, 1" & 2" * E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 111, 2" & 3" Water - Dry Barrel Fire Hvdrants 33-12-40 (01/15/14) 10/01/87 E-1-12 Dry Barrel Fire Hydrant American -Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-502 03/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-502 09/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-502 01/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-502 08/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502 E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-502 09/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 Shop Drawings No. 6461 10/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Centurion AWWA C-502 Shop Drawing FH-12 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant American Flow Control (AFC) Waterous Pacer W1367 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250 Water - Meters 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" * From Original Standard Products List 4 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Approval Spec No. �Classsification I Manufacturer I Model No. Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13) 12/05/23 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 12/05/23 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR18 09/03/24 33-11-12 PVC Pressure Pipe Northern Pipe Products DR14 09/03/24 33-11-12 PVC Pressure Pipe Northern Pipe Products DR18 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR18 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR14 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 Water - Pives/Valves & Fittines/Ductile Iron Fittincs 33-11-11 (01/08/13) 07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. * E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. * E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co. 02/26/14 E1-07 MJ Fittings Accucast 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-Flange 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. 03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co. 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. 08/10/98 E1-07 MJ Fittings(DIP) Sigma, Co. 10/12/10 E1-24 Interior Restrained Joint System S & B Techncial Products 08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore) 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) Mechanical Joint Fittings Mechanical Joint Fittings Mechanical Joint Fittings, SSB Class 350 Mechanical Joint Fittings, SSB Class 351 Class 350 C-153 MJ Fittings Uni-Flange Series 1400 Uni-Flange Series 1500 Circle -Lock One Bolt Restrained Joint Fitting Megalug Series 1100 (for DI Pipe) Megalug Series 2000 (for PVC Pipe) Sigma One-Lok SLC4 - SLC10 Sigma One-Lok SLCS4 - SLCS12 Sigma One-Lok SLCE Sigma One-Lok SLDE Bulldog System ( Diamond Lok 21 & JM Mechanical Joint Fittings PVC Stargrip Series 4000 DIP Stargrip Series 3000 EZ Grip Joint Restraint (EZD) Black For DIP EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC Pipe EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC Pipe National Spec AWWA C900, AWWA C605, ASTM D1784 AWWA C900, AWWA C605, ASTM D1784 AWWA C900, AWWA C605, ASTM D1784 AWWA C900, AWWA C605, ASTM D1784 AWWA C900 AWWA C900 AWWA C900 AWWA C900 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 AWWA C900 AWWA C900 AWWA C900 AWWA C900 AWWA C153 & C110 AWWA C 110 AWWA C 153, C 110, C III AWWA C 153, C 110, C 112 AWWA C153 AWWA Clll/C153 AWWA C111/C153 AWWA C111/Cll6/C153 AWWA C111/Cll6/C153 AWWA C111/C116/C153 AWWA C111/C153 AWWA C111/C153 AWWA Clll/C153 AWWA C153 ASTM F-1624 AWWA C153 ASTM A536 AWWA C111 ASTM A536 AWWA C111 ASTM A536 AWWA C111 ASTM A536 AWWA CI I I ASTM A536 AWWA CI I I Updated: 11-6-24 Size 4"-1 6" 16"-18" 4"-1 6" 16"-18" 4"-12" 16"-24" 4"-12" 1 6"-24" 4"-28" 16"-24" 4" - 8" 16" - 24" 4"- 12" 4'1- 12'1 4"-12" 4" to 36" 4" to 24" 4" to 12" 4" to 42" 4" to 24" 4" to 10" 4" to 12" 12" to 24" 4" - 24" 4" to 12" 4" to 24" 3"-48" 4"-12" 16"-24" * From Original Standard Products List 5 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Approval Spec No. I Classsification I Manufacturer Water - Pives/Valves & Fittincs/Resilient Seated Gate Valve* 33-12-20 (05/13/15) Resilient Wedged Gate Valve w/no Gears American Flow Control 12/13/02 Resilient Wedge Gate Valve American Flow Control 08/31/99 Resilient Wedge Gate Valve American Flow Control 05/18/99 Resilient Wedge Gate Valve American Flow Control 10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control 08/05/04 Resilient Wedge Gate Valve American Flow Control 05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company 01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company * E1-26 Resilient Seated Gate Valve Kennedy * E1-26 Resilient Seated Gate Valve M&H * E1-26 Resilient Seated Gate Valve Mueller Co. 11/08/99 Resilient Wedge Gate Valve Mueller Co. 01/23/03 Resilient Wedge Gate Valve Mueller Co. 05/13/05 Resilient Wedge Gate Valve Mueller Co. 01/31/06 Resilient Wedge Gate Valve Mueller Co. 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 11/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co. 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. 11/30/12 Resilient Wedge Gate Valve Clow Valve Co. 05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings * E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) 08/24/18 Matco Gate Valve Matco-Norca Water - Pives/Valves & Fittincs/Rubber Seated Butterflv Valve 33-12-21 (07/10/14) * E1-30 Rubber Seated Butterfly Valve Henry Pratt Co. * E1-30 Rubber Seated Butterfly Valve Mueller Co. 1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. 06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve 03/19/18 33 1221 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) 09/03/24 33 1221 Rubber Seated Butterfly Valve American AVK Company Water - Polvethvlene Encasement 33-11-10 (01/08/13) 05/12/05 E1-13 Polyethylene Encasment 05/12/05 E1-13 Polyethylene Encasment 05/12/05 E1-13 Polyethylene Encasment 09/06/19 33-11-11 Polyethylene Encasment Model No. Series 2500 Drawing # 94-20247 Series 2530 and Series 2536 Series 2520 & 2524 (SD 94-20255) Series 2516 (SD 94-20247) Series 2500 (Ductile Iron) 42" and 48" AFC 2500 American AVK Resilient Seaded GV Series A2361 (SD 6647) Series A2360 for 18"-24" (SD 6709) Mueller 30" & 36", C-515 Mueller 42" & 48", C-515 16" RS GV (SD D-20995) Clow RW Valve (SD D-21652) Clow 30" & 36" C-515 Clow Valve Model 2638 Metroseal 250, requirements SPL #74 EJ F1owMaster Gate Valve & Boxes 225 MR Valmatic American Butterfly Valve. M&H Style 4500 & 1450 AWWA C504 Butterfly Valve AWWA C504 Butterfly Valve Class 250B Flexsol Packaging Fulton Enterprises Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AEP Industries Bullstrong by Cowtown Bolt & Gasket Northtown Products Inc. PE Encasement for DIP National Spec AWWA C515 AWWA C515 AWWA C515 AWWA C515 AWWA C515 AWWA C509 AWWA C515 AWWA C515 AWWA C515 AWWA C515 AWWA C509 AWWA C515 AWWA C515 AWWA C515 AWWA C515 AWWA C 509, ANSI 420 - stem, AWWA/ANSI C115/An21.15 AWWA C-504 AWWA C-504 AWWA C-504 AWWA C-504 AWWA C-504 AWWA C-504 AWWA C-504 AWWA C105 AWWA C105 AWWA C105 AWWA C105 Updated: 11-6-24 Size 16" 30" and 36" 20" and 24" 16" 4" to 12" 42" and 48" 4" to 12" 20" and smaller 4" - 12" 4" - 12" 4" - 12" 16" 24" and smaller 30" and 36" 42" and 48" 4" - 12" 16" 24" and smaller 30" and 36" (Note 3) 24" to 48" (Note 3) 4" - 12" 3" to 16" 4" to 16" 24" 24"and smaller 24" and larger Up to 84" diameter 24" to 48" 30"-54" 24" - 48" 8 mil LLD 8 mil LLD 8 mil LLD 8 mil LLD Water - Samplinc Station 03/07/23 33 12 50 Water Sampling Station Kupferle Foundry Company Eclipse, Number 88 , 12-inch Depth of Bury As shown in spec. 33 12 50 09/02/24 33 i2 50 Mueller Water Products, Inc;a BSS0 r, UDG2 D N This product removed �-rcw ,�Oc� vvvvi-36-rvronvz, C�v-rr�€'�oe$� 10/21/20 04/09/21 04/09/21 Water - Automatic Flusher Automated Flushing System Automated Flushing System Automated Flushing System HG6-A-IN-2-BRN-LPRR(Portable) Mueller Hydroguard HG2-A-IN--2-PVC-018-LPLG(Permanent) Kupferle Foundry Company Eclipse #9800wc Kupferle Foundry Company Eclipse #9700 (Portable) The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Yellow Highlight indicates recent changes * From Original Standard Products List 6 NATIONWIDE PERMIT 58 Utility Line Activities for Water and Other Substances Effective Date: March 15, 2021 (NWP Final Notice, 86 FIR 8 ) 58. Utility Line Activities for Water and Other Substances. Activities required for the construction, maintenance, repair, and removal of utility lines for water and other substances, excluding oil, natural gas, products derived from oil or natural gas, and electricity. Oil or natural gas pipeline activities or electric utility line and telecommunications activities may be authorized by NWPs 12 or 57, respectively. This NWP also authorizes associated utility line facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project. Utility lines: This NWP authorizes discharges of dredged or fill material into waters of the United States and structures or work in navigable waters for crossings of those waters associated with the construction, maintenance, or repair of utility lines for water and other substances, including outfall and intake structures. There must be no change in pre -construction contours of waters of the United States. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose that is not oil, natural gas, or petrochemicals. Examples of activities authorized by this NWP include utility lines that convey water, sewage, stormwater, wastewater, brine, irrigation water, and industrial products that are not petrochemicals. The term "utility line" does not include activities that drain a water of the United States, such as drainage tile or french drains, but it does apply to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily sidecast into waters of the United States for no more than three months, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The district engineer may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. Utility line substations: This NWP authorizes the construction, maintenance, or expansion of substation facilities associated with a utility line in non -tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1/2-acre of waters of the United States. This NWP does not authorize discharges of dredged or fill material into non -tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or expand substation facilities. Foundations for above -ground utility lines: This NWP authorizes the construction or maintenance of foundations for above -ground utility lines in all waters of the United States, provided the foundations are the minimum size necessary. Access roads: This NWP authorizes the construction of access roads for the construction and maintenance of utility lines, including utility line substations, in non -tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not cause the loss of greater than 1/2-acre of non -tidal waters of the United States. This NWP does not authorize discharges of dredged or fill material into non -tidal wetlands adjacent to tidal waters for access roads. Access roads must be the minimum width necessary (see Note 2, below). Access roads must be constructed so that the length of the road minimizes any adverse effects on waters of the United States and must be as near as possible to pre -construction contours and elevations (e.g., at grade corduroy roads or geotextile/grave l roads). Access roads constructed above pre -construction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. This NWP may authorize utility lines in or affecting navigable waters of the United States even if there is no associated discharge of dredged or fill material (see 33 CFR part 322). Overhead utility lines constructed over section 10 waters and utility lines that are routed in or under section 10 waters without a discharge of dredged or fill material require a section 10 permit. This NWP authorizes, to the extent that Department of the Army authorization is required, temporary structures, fills, and work necessary for the remediation of inadvertent returns of drilling fluids to waters of the United States through sub -soil fissures or fractures that might occur during horizontal directional drilling activities conducted for the purpose of installing or replacing utility lines. These remediation activities must be done as soon as practicable, to restore the affected waterbody. District engineers may add special conditions to this NWP to require a remediation plan for addressing inadvertent returns of drilling fluids to waters of the United States during horizontal directional drilling activities conducted for the purpose of installing or replacing utility lines. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the utility line activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges of dredged or fill material, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After construction, temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity if: (1) a section 10 permit is required; or (2) the discharge will result in the loss of greater than 1/10-acre of waters of the United States. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: Where the utility line is constructed, installed, or maintained in navigable waters of the United States (i.e., section 10 waters) within the coastal United States, the Great Lakes, and United States territories, a copy of the NWP verification will be sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation. Note 2: For utility line activities crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Utility line activities must comply with 33 CFR 330.6(d). Note 3: Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this NWP. Access roads used solely for construction of the utility line must be removed upon completion of the work, in accordance with the requirements for temporary fills. Note 4: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry substances over navigable waters of the United States are considered to be bridges, not utility lines, and may require a permit from the U.S. Coast Guard pursuant to the General Bridge Act of 1946. However, any discharges of dredged or fill material into waters of the United States associated with such pipelines will require a section 404 permit (see NWP 15). Note 5: This NWP authorizes utility line maintenance and repair activities that do not qualify for the Clean Water Act section 404(f) exemption for maintenance of currently serviceable fills or fill structures. Note 6: For activities that require pre -construction notification, the PCN must include any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre -construction notification (see paragraph (b)(4) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, "District Engineer's Decision." The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). 2021 Nationwide Permit General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case -specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his or her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawninq Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre -construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre -construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low - flow or no -flow, or during low tides. 13. Removal of Temporary Structures and Fills. Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity -specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Proiect. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre -construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. Permittees shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR 402.02 for the definition of "effects of the action" for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding "activities that are reasonably certain to occur" and "consequences caused by the proposed action." (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre -construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such designation, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation), the pre -construction notification must include the name(s) of the endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non -Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - construction notification. For activities where the non -Federal applicant has identified listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have "no effect" on listed species (or species proposed for listing or designated critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference has been completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation or conference with the FWS or NMFS the district engineer may add species -specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre -construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)(1)). If pre -construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre -construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre - construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts commensurate with potential impacts, which may include background research, consultation, oral history interviews, sample field investigation, and/or field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. (d) Where the non -Federal applicant has identified historic properties on which the proposed NWP activity might have the potential to cause effects and has so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non - Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. Permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP, they must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed by permittees in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after she or he determines that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that exceed 1/10-acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity -specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre -construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) Compensatory mitigation at a minimum one -for -one ratio will be required for all losses of stream bed that exceed 3/100-acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity -specific waiver of this requirement. This compensatory mitigation requirement may be satisfied through the restoration or enhancement of riparian areas next to streams in accordance with paragraph (e) of this general condition. For losses of stream bed of 3/100-acre or less that require pre -construction notification, the district engineer may determine on a case - by -case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult -to -replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. If restoring riparian areas involves planting vegetation, only native species should be planted. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in -lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in -lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f).) (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). If permittee- responsible mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in which another federal agency holds an easement, the district engineer will coordinate with that federal agency to determine if proposed compensatory mitigation project is compatible with the terms of the easement. (5) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan needs to address only the baseline conditions at the impact site and the number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)). (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2- acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non -Federal applicants to demonstrate that the structures comply with established state or federal, dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Qualitv. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority for the issuance of the NWP, then the permittee must obtain a water quality certification or waiver for the proposed discharge in order for the activity to be authorized by an NWP. (b) If the NWP activity requires pre -construction notification and the certifying authority has not previously certified compliance of an NWP with CWA section 401, the proposed discharge is not authorized by an NWP until water quality certification is obtained or waived. If the certifying authority issues a water quality certification for the proposed discharge, the permittee must submit a copy of the certification to the district engineer. The discharge is not authorized by an NWP until the district engineer has notified the permittee that the water quality certification requirement has been satisfied by the issuance of a water quality certification or a waiver. (c) The district engineer or certifying authority may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). If the permittee cannot comply with all of the conditions of a coastal zone management consistency concurrence previously issued by the state, then the permittee must obtain an individual coastal zone management consistency concurrence or presumption of concurrence in order for the activity to be authorized by an NWP. The district engineer or a state may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-Bv-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its CWA section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is authorized, subject to the following restrictions: (a) If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. (b) If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial development under NWP 39 cannot exceed 1/2-acre, and the total acreage loss of waters of United States due to the NWP 39 and 46 activities cannot exceed 1 acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity -specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in - lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(I)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires review by, or permission from, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USAGE) federally authorized Civil Works project (a "USACE project"), the prospective permittee must submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission and/or review is not authorized by an NWP until the appropriate Corps office issues the section 408 permission or completes its review to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) (i) A description of the proposed activity; the activity's purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre - construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. (ii) For linear projects where one or more single and complete crossings require pre - construction notification, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters (including those single and complete crossings authorized by an NWP but do not require PCNs). This information will be used by the district engineer to evaluate the cumulative adverse environmental effects of the proposed linear project, and does not change those non-PCN NWP activities into NWP PCNs. (iii) Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial and intermittent streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45-day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands or 3/100-acre of stream bed and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-federal permittees, if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. For NWP activities that require pre -construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre -construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the "study river" (see general condition 16); and (10) For an NWP activity that requires permission from, or review by, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre -construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from, or review by, the Corps office having jurisdiction over that USACE project. (c) Form of Pre -Construction Notification: The nationwide permit pre -construction notification form (Form ENG 6082) should be used for NWP PCNs. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre -construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iii) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site -specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre -construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure that the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre -construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre -construction notifications to expedite agency coordination. 2021 District Engineer's Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the single and complete crossings of waters of the United States that require PCNs to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings of waters of the United States authorized by an NWP. If an applicant requests a waiver of an applicable limit, as provided for in NWPs 13, 36, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by an NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case -specific special conditions to the NWP authorization to address site -specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands or 3/100-acre of stream bed, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters. The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity -specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure that the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity -specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31), with activity -specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. 2021 Further Information 1. District engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). 2021 Nationwide Permit Definitions Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharqe: The term "discharge" means any discharge of dredged or fill material into waters of the United States. Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where the proposed NWP 27 activity is located. Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of the proposed NWP 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utilitv: A test to determine what constitutes a single and complete non -linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. The loss of stream bed includes the acres of stream bed that are permanently adversely affected by filling or excavation because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters or wetlands for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United States. Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR part 329. Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary Hiqh Water Mark: The term ordinary high water mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Perennial stream: A perennial stream has surface water flowing continuously year-round during a typical year. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre -construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction notification may be voluntarily submitted in cases where pre - construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine -marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish seedinq_: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear proiect: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term "single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non -linear proiect: For non -linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non -linear project must have independent utility (see definition of "independent utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized jurisdictional stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line. Tribal lands: Any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation. Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies. Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbodv: For purposes of the NWPs, a waterbody is a "water of the United States." If a wetland is adjacent to a waterbody determined to be a water of the United States, that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). The following regional conditions apply within the Fort Worth District 1. Notification to the appropriate District Engineer in accordance with Nationwide Permit General Condition 32 - Pre -Construction Notification (PCN) is required for all activities proposed for authorization by any NWP into the below listed ecologically unique and sensitive areas located within waters of the United States. The Corps will coordinate with the resource agencies as specified in NWP General Condition 32(d)(3). a. Pitcher plant bogs ((Sarracenia spp.) and/or sundews (Drosera spp.) and/or Bald Cypress/Tupelo swamps ((Taxodium distichum) and/or water tupelo (Nyssa aquatica)). b. Karst Zones 1 and 2 located in Bexar, Travis and Williamson Counties (see httiDs://www.fws.qov/southwest/es/AustinTexas/Maps Data.html ). c. Caddo Lake and associated areas that are designated as "Wetland of International Importance" under the Ramsar Convention (see httr)://caddolakedata.us/media/145/1996caddolakeramsar.13df or http://caddolakedata.us/media/144/1996caddo lake ram sar.iw ). d. Reaches of rivers (and their adjacent wetlands) that are included in the Nationwide Rivers Inventory (see httiDs://www.nr)s.gov/subiects/rivers/nationwide-rivers-inventorv.htm ). 2. For all activities proposed for authorization under any NWP at sites approved as compensatory mitigation sites (either permittee-responsible, mitigation bank and/or in - lieu fee) under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899, the applicant shall notify the appropriate District Engineer in accordance with the Nationwide Permit General Condition 32 - PCN prior to commencing the activity. ADDITIONAL INFORMATION This nationwide permit is effective March 15, 2021, and expires on March 14, 2026. Information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also be found at htto://www.swf.usace.armv.mil/Missions/Reaulatorv.asox and htti)://www.usace.armv.miI/Missions/CivilWorks/ReauIatorvProaramandPermits.asr)x Jon Niermann, Chairman ��Q V E o� � Emily Lindley, Commissioner ry Bobby Janecka, Commissioner H Toby Baker, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution December 18, 2020 Colonel Timothy R. Vail Galveston District U.S. Army Corps of Engineers P.O. Box 1229 Galveston, Texas 77553-1229 Re: 2020 USACE Nationwide Permits Reissuance Dear Colonel Vail: This letter is in response to your October 19, 2020, letter requesting Clean Water Act Section 401 certification of the United States Army Corps of Engineers (Corps) Nationwide Permits (NWPs). The Proposal to Reissue and Modify Nationwide Permits was published in the Federal Register (Vol. 85, No. 179, pages 57298-57395) on September 15, 2020. Regional conditions for NWPs in Texas were proposed in public notices on September 30, 2020 (Corps Galveston District) and October 1, 2020 (Corps Fort Worth District). The Texas Commission on Environmental Quality (TCEQ) has reviewed the Proposal to Reissue and Modify Nationwide Permits and the proposed regional conditions. On behalf of the Executive Director and based on our evaluation of the information contained in these documents, the TCEQ certifies that any discharge associated with the activities authorized by NWPs 1, 2, 4, 5, 8, 9, 10, 11, 20, 23, 24, 28, 34, 35, 48, A, and B will comply with water quality requirements as required by Section 401 of the Federal Clean Water Act and pursuant to Title 30, Texas Administrative Code (TAC), Chapter 279. The TCEQ conditionally certifies that any discharge associated with the activities authorized by NWPs 3, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 51, 52, 53, 54, C, D, and E will comply with water quality requirements as required by Section 401 of the Federal Clean Water Act and pursuant to Title 30, Texas Administrative Code, Chapter 279. Conditions for each NWP are defined in Attachment 1 and more detail on specific conditions is given below, including information explaining why the condition is necessary for compliance with water quality requirements as well as the supporting regulatory authorizations. Colonel Timothy Vail U.S. Army Corps of Engineers USACE Nationwide Permits Page 2 The TCEQ understands that a prohibition against the use of NWPs (except for NWP 3) in coastal dune swales, mangrove marshes, and Columbia Bottomlands in the Galveston District is included in the Draft 2020 Nationwide Permit (NWP) Regional Conditions for the State of Texas (Regional Conditions). A prohibition of using NWPs (except for NWP 3) in coastal dune swales, mangrove marshes, and Columbia bottomlands in the Galveston District is a condition of this TCEQ 401 certification. This condition is necessary to ensure compliance with water quality requirements because impacts to rare and ecologically significant aquatic resources such as coastal dune swales, mangrove marshes, and Columbia bottomlands would not be considered minimal but significant, and therefore would not meet the purpose of a nationwide permit to authorize activities that will result in no more than minimal adverse environmental effects. Furthermore, activities that would result in impacts to these unique resources are more appropriately authorized under an individual permit to ensure that unavoidable impacts are adequately minimized (30 TAC §279.11(c)(2)) and mitigated (30 TAC §279.11(c)(3) and 30 TAC §307.4(i)). The TCEQ wants to clarify the application of NWP 16 in Texas. NWP 16 should be limited to the return water from upland contained dredged material disposal areas. It is important to emphasize the intent for dredged material disposal. The TCEQ understands dredged material to be associated with navigational dredging activities, not commercial mining activities. To avoid confusion, the TCEQ requests that a regional condition be added or that the Corps commits to prohibiting the use of NWP 16 for activities that would be regulated under Standard Industrial Classification (SIC) codes 1442 and 1446 (industrial and construction sand and gravel mining). Consistent with previous NWPs certification decisions, the TCEQ is conditionally certifying NWP 16 for the return water from confined upland disposal not to exceed a 300 mg/L total suspended solids (TSS) concentration. This condition is necessary to ensure that return water discharges will comply with water quality requirements in accordance with Texas Water Code §26.003 and antidegradation policy in 30 TAC §307.5, and not result in violations of general water quality criteria in 30 TAC 307.4(b)(2)-(5). The TCEQ encourages the Corps to consider that TSS limits are promulgated as effluent limits under Title 40 of the Code of Federal Regulations, and that the TCEQ effectively imposes TSS effluent limits in thousands of wastewater discharge permits issued in Texas under Section 402 of the federal Clean Water Act. The TCEQ recognizes the usefulness of having an instantaneous method to determine compliance with the 300 mg/L TSS limit. However, existing literature and analysis of paired samples of turbidity and TSS from the Texas Surface Water Quality Information System indicate this relationship must be a site -specific characterization of the actual sediments to be dredged. To address this approach, we have continued language in the NWP 16 conditional certification that allows flexibility to use an instantaneous method in implementing the TSS limit when a site -specific correlation curve for turbidity (nephelometric turbidity units (NTU)) versus TSS has been approved by TCEQ The TCEQ remains interested in working with the Corps in the development of these curves and in working together to find the best methods to implement this limit. Colonel Timothy Vail U.S. Army Corps of Engineers USACE Nationwide Permits Page 3 Regional Condition 17 applies to NWP authorizations in the Area of Concern (AOC) of the San Jacinto River Waste Pits Superfund Site. The TCEQ conditionally certifies Regional Condition 17 provided that the Permit Evaluation Requirement Process (Process), effective November 1, 2009, is adhered to for all proposed and existing permits within the AOC. The Process requires that all permit applicants and existing permittees within the AOC perform sampling to ensure that any activities conducted, especially activities involving dredging or disposal of dredged materials, do not impact site investigation and remediation and that existing water quality is maintained and protected in accordance with the Texas Water Code §26.003 and TCEQ antidegradation policy in 30 TAC §307.5. The TCEQ is conditionally certifying NWP General Condition 12 Soil Erosion and Sediment Controls, and General Condition 25 Water Quality. The conditions address three broad categories of water quality management with specific recommendations for Best Management Practices (BMPs) for each category. These BMP conditions are necessary to enhance the water quality protection of these General Conditions by requiring the use of specific BMPs to control erosion, sedimentation, and/or post -construction TSS in permitted activities and therefore prevent violation of state general water quality criteria (30 TAC §307.4) and antidegradation policy (30 TAC §307.5). Runoff from bridge decks has been exempted from the requirement for post -construction TSS controls under General Condition 25. A list of TCEQ-recommended BMPs is included as Attachment 2. Attachment 3 is provided as a quick reference table identifying the BMP categories that are required for each NWP. A detailed description of the BMPs is provided in Attachment 4. The Corps is proposing to remove the 300 linear foot (LF) limit for NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52, in part, to simplify the quantification of aquatic resource types (i.e., streams, wetlands, etc.) by using acreage as the preferred unit of measure. Removing the stream bed loss limit would mean that stream losses associated with activities covered by these 10 NWPs would only be limited by the existing %2-acre limit on overall impacts to waters of the U.S. This could significantly affect state stream resources by allowing upwards of several thousand linear feet of stream impacts under these permits, depending on the dimensions of the streams being impacted. The TCEQ has traditionally relied on and used linear feet as the preferred unit of measure of stream impacts and stream mitigation in our Section 401 water quality certification program. Therefore, the TCEQ does not support the proposed removal of the 300 LF stream bed loss limit in these NWPs and conditionally certifies NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 with a limit of 1,500 linear feet of stream bed loss. The condition is based on the amount of stream impacts considered minimal by the TCEQ, where certification is waived for projects impacting 1,500 LF of streams or less in accordance with the Memorandum of Agreement (August 2000) between the Corps and TCEQ. Any proposed impacts greater than 1,500 linear feet of impacts in stream length will need to undergo an individual TCEQ 401 certification review, preferably in the context of a Section 404 individual permit. This condition is necessary to ensure that the discharge associated with projects permitted using these 10 NWPs will comply with water quality requirements for aquatic life uses and habitat (30 TAC 307.4(i)), antidegradation implementation procedures (30 TAC Colonel Timothy Vail U.S. Army Corps of Engineers USACE Nationwide Permits Page 4 307.5(c)(1)(B), and minimization and mitigation requirements in 30 TAC 279.11(c)(2) and (3), as well as be consistent with the NWP goal of authorizing only minimal adverse environmental impacts. This certification decision is limited to those activities under the jurisdiction of the TCEQ. For activities related to the production and exploration of oil and gas, a Railroad Commission of Texas certification is required as provided in the Texas Water Code §26.131. The TCEQ has reviewed the Notice of Reissuance of Nationwide Permits for consistency with the Texas Coastal Management Program (CMP) goals and policies in accordance with the CMP regulations {Title 31, Texas Administrative Code (TAC), Chapter (§)505.301 and has determined that the action is consistent with the applicable CMP goals and policies. This certification was reviewed for consistency with the CMP's development in critical areas policy 131 TAC §501.231 and dredging and dredged material disposal and placement policy 131 TAC §501.251. This certification complies with the CMP goals 131 TAC §501.12(l, 2, 3, 5)} applicable to these policies. The TCEQ reserves the right to modify this certification if additional information identifies specific areas where significant impacts, including cumulative or secondary impacts, are occurring, and the use of these NWPs would be inappropriate. No review of property rights, location of property lines, nor the distinction between public and private ownership has been made, and this certification may not be used in any way with regard to questions of ownership. If you require further assistance, please contact Ms. Lili Murphy, Water Quality Assessment Section, Water Quality Division (MC-150), at (512) 239-4595 or by email at lili.murphy@tceq.texas.gov. Sincerely, D �'- J- �) cu'l David W. Galindo, Deputy Director Water Quality Division Texas Commission on Environmental Quality DWG/LM/ Attachments Colonel Timothy Vail U.S. Army Corps of Engineers USACE Nationwide Permits Page 5 ccs: Mr. Joseph McMahan, U.S. Army Corps of Engineers Galveston District via e-mail at ioseph.a.mcmahan(a�usace.armv.mil Ms. Kristi McMillan U.S. Army Corps of Engineers Galveston District via e-mail at Kristi.N.McMillana.usace.armv.mil Mr. Stephen Brooks, Branch Chief, U.S. Army Corp of Engineers Fort Worth District via e-mail at Stephen.Brooks@usace.armv.mil Ms. Allison Buchtien,and Mr. Jesse Solis, Texas General Land Office via e-mail at Federal.Consistencv@alo.texas.2ov Ms. Leslie Savage, Texas Railroad Commission via e-mail at Leslie. Sava2e@RRC.texas.2ov Branch Chief, U.S. Army Corps of Engineers, Albuquerque District, 4101 Jefferson Plaza NE, Room 313, Albuquerque, New Mexico 87109-3435 Regulatory Branch Chief, U.S. Army Corps of Engineers, Regulatory Branch CESWT- PE-R, 1645 South 101st East Avenue, Tulsa, Oklahoma, 74128 Regulatory Branch Chief, U.S. Army Corps of Engineers, El Paso Regulatory Office, CESPA-OD-R-EP, P.O. Box 6096, Fort Bliss, Texas 79906-6096 ��,OMMI,SSjO ti z Q ��9ENTptiQ� Attachment 1 Conditions of Section 401 Certification for Nationwide Permits, Regional Conditions, and General Conditions General Condition 12 (Soil Erosion and Sediment Controls) Erosion control and sediment control best management practices (BMPs) are required with the use of this general condition. Attachment 2 describes the BMPs and the Nationwide Permits (NWPs) to which they apply. If the applicant does not choose one of the BMPs listed in Attachment 2, an individual 401 certification is required. General Condition 25 (Water Oualitv) Post -construction total suspended solids (TSS) BMPs are required with the use of this general condition. Attachment 2 describes the BMPs and the NWPs to which they apply. If the applicant does not choose one of the BMP's listed in Attachment 2, an individual 401 certification is required. Bridge deck runoff is exempt from this requirement. Regional Condition 17 condition The Permit Evaluation Requirement Process, effective November 1, 2009, is required for all proposed and existing permits within San Jacinto River Waste Pits Superfund Site Area of Concern. All NWPs except for NWP 3 These NWPs are not authorized for use in coastal dune swales, mangrove marshes, and Columbia bottomlands in the Galveston District, Texas. NWP 3 (Maintenance) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 6 (Survev Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 7 (Outfall Structures and Associated Intake Structures) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 12 (Oil or Natural Gas Pipeline Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. NWP 13 (Bank Stabilization) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 14 (Linear Transportation Proiects) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. NWP 15 (U.S. Coast Guard Approved Bridges) Soil Erosion and Sediment Controls under General Condition 12 are required. Revised December 18, 2020 Page 1 of 4 ��,OMMI,SSjO ti z Q ��9ENTptiQ� Attachment 1 Conditions of Section 401 Certification for Nationwide Permits, Regional Conditions, and General Conditions NWP 16 (Return Water From Upland Contained Disposal Areas) Activities that would be regulated under Standard Industrial Classification (SIC) codes 1442 and 1446 (industrial and construction sand and gravel mining) are not eligible for this NWP. Effluent from an upland contained disposal area shall not exceed a TSS concentration of 300 mg/L unless a site -specific TSS limit, or a site -specific correlation curve for turbidity (nephelometric turbidity units (NTU)) versus TSS has been approved by TCEQ. NWP 17 (Hvdropower Proiects) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 2 5 are required. NWP 18 (Minor Discharges) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 2 5 are required. NWP 19 (Minor Dredging) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 21 (Surface Coal Mininiz Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. Stream bed losses are limited to 1,500 linear feet. NWP 22 (Removal of Vessels) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 25 (Structural Discharges) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 27 (Aauatic Habitat Restoration, Establishment, and Enhancement Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 29 (Residential Developments) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. Stream bed losses are limited to 1,500 linear feet. NWP 30 (Moist Soil Management for Wildlife) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 31 (Maintenance of Existing Flood Control Facilities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 2 5 are required. Revised December 18, 2020 Page 2 of 4 ��,OMMI,SSjO ti z Q ��9ENTptiQ� Attachment 1 Conditions of Section 401 Certification for Nationwide Permits, Regional Conditions, and General Conditions NWP 32 (Completed Enforcement Actions) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 33 (Temporary Construction. Access and DewaterinM Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 36 (Boat Ramps) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 2 5 are required. NWP 37 (EmerLyencv Watershed Protection and Rehabilitation) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 38 (Cleanup of Hazardous and Toxic Waste) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 39 (Commercial and Institutional Developments) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. Stream bed losses are limited to 1,500 linear feet. NWP 40 (A2ricultural Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. Stream bed losses are limited to 1,500 linear feet. NWP 41 (Reshapim Existim Draina2_ e Ditches and Irritation Ditches) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. NWP 42 (Recreational Facilities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. Stream bed losses are limited to 1,500 linear feet. NWP 43 (Stormwater Management Facilities) Soil Erosion and Sediment Controls under General Condition 12 are required. Stream bed losses are limited to 1,500 linear feet. NWP 44 (Minim Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. Stream bed losses are limited to 1,500 linear feet. Revised December 18, 2020 Page 3 of 4 ��,OMMI,SSjO ti z Q ��9ENTptiQ� Attachment 1 Conditions of Section 401 Certification for Nationwide Permits, Regional Conditions, and General Conditions NWP 45 (Repair of Uplands DamaLyed by Discrete Events) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 2 5 are required. NWP 46 (DischarLyes in Ditches) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 49 (Coal RemininLy Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 2 5 are required. NWP 50 (Under -round Coal MininLy Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. Stream bed losses are limited to 1,500 linear feet. NWP 51 (Land -Based Renewal Enerav Generation Facilities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. Stream bed losses are limited to 1,500 linear feet. NWP 52 (Water -Based Renewal Ener2v Generation Pilot Projects) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. Stream bed losses are limited to 1,500 linear feet. NWP 53 (Removal of Low -Head Dams) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 54 (Living Shorelines) Sediment Controls under General Condition 12 are required. NWP C (Electric Utilitv Line and Telecommunications Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 2 5 are required. NWP D (Utility Line Activities for Water and Other Substances) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 2 5 are required. NWP E (Water Reclamation and Reuse Facilities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post - construction TSS controls under General Condition 25 are required. Revised December 18, 2020 Page 4 of 4 ��,OMMISsjO � 2 Q °'yMENTp� � Attachment 2 401 Water Quality Certification Best Management Practices (BMPs) for Nationwide Permits I. Erosion Control Disturbed areas must be stabilized to prevent the introduction of sediment to adjacent wetlands or water bodies during wet weather conditions (erosion). At least one of the following best management practices (BMPs) must be maintained and remain in place until the area has been stabilized for NWPs 3, 6, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 51, 52, 53, C, D, and E. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. BMPs for NWP 52 apply only to land -based impacts from attendant features. o Temporary Vegetation o Mulch o Interceptor Swale o Erosion Control Compost o Compost Filter Socks II. Sedimentation Control o Blankets/Matting o Sod o Diversion Dike o Mulch Filter Socks Prior to project initiation, the project area must be isolated from adjacent wetlands and water bodies by the use of BMPs to confine sediment. Dredged material shall be placed in such a manner that prevents sediment runoff into water in the state, including wetlands. Water bodies can be isolated by the use of one or more of the required BMPs identified for sedimentation control. These BMP's must be maintained and remain in place until the dredged material is stabilized. At least one of the following BMPs must be maintained and remain in place until the area has been stabilized for NWPs 3, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 49, 50, 51, 52, 53, 54, C, D, and E. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. BMPs for NWP 52 apply only to land -based impacts from attendant features. o Sand Bag Berm o Silt Fence o Triangular Filter Dike o Stone Outlet Sediment Traps o Erosion Control Compost o Compost Filter Socks o Rock Berm o Hay Bale Dike o Brush Berms o Sediment Basins o Mulch Filter Socks December 18, 2020 Page 1 of 2 ��,OMMISsjO � 2 Q °'yMENTp� � Attachment 2 401 Water Quality Certification Best Management Practices (BMPs) for Nationwide Permits III. Post -Construction TSS Control After construction has been completed and the site is stabilized, total suspended solids (TSS) loadings shall be controlled by at least one of the following BMPs for NWPs 12, 14, 17, 18, 21, 29, 31, 36, 39, 40, 41, 42, 44, 45, 49, 50, 51, 52, C, D, and E. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. BMPs for NWP 52 apply only to land -based impacts from attendant features. Runoff from bridge decks has been exempted from the requirement for post construction TSS controls. o Retention/Irrigation Systems o Extended Detention Basin o Vegetative Filter Strips o Grassy Swales o Erosion Control Compost o Compost Filter Socks o Constructed Wetlands o Wet Basins o Vegetation lined drainage ditches o Sand Filter Systems o Mulch Filter Socks o Sedimentation Chambers' * Only to be used when there is no space available for other approved BMPs. December 18, 2020 Page 2 of 2 �OMM1Ssjo v Attachment 3 Reference to Nationwide Permits Best Management Practices Requirements NWP Permit Description Erosion Sediment Post -Construction Control Control TSS 1 Aid to Navigation 2 Structures in Artificial Canals 3 Maintenance X X Fish and Wildlife Harvesting, 4 Enhancement and Attraction Devices and Activities 5 Scientific Measurement Devices 6 Survey Activities `Trenching X X 7 Outfall Structures and Associated Intake X X Structures 8 Oil and Gas Structures on the Outer Continental Shelf 9 Structures in Fleeting and Anchorage Areas 10 Mooring Buoys 11 Temporary Recreational Structures 12 Oil or Natural Gas Pipeline Activities X X X 13 Bank Stabilization X X 14 Linear Transportation Projects X X X 15 U.S. Coast Guard Approved Bridges X X 16 Return Water From Upland Contained Disposal Areas 17 Hydropower Projects X X X 18 Minor Discharges X X X 19 Minor Dredging X X 20 Response Operations for Oil or Hazardous Substances 21 Surface Coal Mining Activities X X X 22 Removal of Vessels X X Revised December 18, 2020 Page 1 of 3 �OMM1Ssjo v Attachment 3 Reference to Nationwide Permits Best Management Practices Requirements NWP Permit Description Erosion Sediment Post -Construction Control Control TSS 23 Approved Categorical Exclusions 24 Indian Tribe or State Administered Section 404 Programs 25 Structural Discharges X X 26 [Reserved] Aquatic Habitat Restoration, X X 27 Establishment, and Enhancement Activities 28 Modifications of Existing Marinas 29 Residential Developments X X X 30 Moist Soil Management for Wildlife X X 31 Maintenance of Existing Flood Control X X X Facilities 32 Completed Enforcement Actions X X 33 Temporary Construction, Access and X X Dewatering 34 Cranberry Production Activities 35 Maintenance Dredging of Existing Basins 36 Boat Ramps X X X 37 Emergency Watershed Protection and X X Rehabilitation 38 Cleanup of Hazardous and Toxic Waste X X 39 Commercial and Institutional X X X Developments 40 Agricultural Activities X X X 41 Reshaping Existing Drainage Ditches and X X X Irrigation Ditches 42 Recreational Facilities X X X 43 Stormwater Management Facilities X X Revised December 18, 2020 Page 2 of 3 �OMM1Ssjo v Attachment 3 Reference to Nationwide Permits Best Management Practices Requirements NWP Permit Description 44 Mining Activities 45 Repair of Uplands Damaged by Discrete Events 46 Discharges in Ditches 47 [Reserved] 48 Existing Commercial Shellfish Aquaculture Activities 49 Coal Remining Activities 50 Underground Coal Mining Activities 51 Land -Based Renewable Energy Generation Facilities 52 Water -Based Renewable Energy Generation Pilot Projects 53 Removal of Low -Head Dams 54 Living Shorelines C Electric Utility Line and Telecommunications Activities D Utility Line Activities for Water and Other Substances E Water Reclamation and Reuse Facilities Erosion Sediment Post -Construction Control Control TSS X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Revised December 18, 2020 Page 3 of 3 cQMo Attachment 4 Description of Best Management Practices (BMPs) EROSION CONTROL BMPs Temiiorary Vegetation Description: Vegetation can be used as a temporary or permanent stabilization technique for areas disturbed by construction. Vegetation effectively reduces erosion in swales, stockpiles, berms, mild to medium slopes, and along roadways. Other techniques such as matting, mulches, and grading may be required to assist in the establishment of vegetation. Materials: • The type of temporary vegetation used on a site is a function of the season and the availability of water for irrigation. • Temporary vegetation should be selected appropriately for the area. • County agricultural extension agents are a good source for suggestions for temporary vegetation. • All seed should be high quality, U.S. Dept. of Agriculture certified seed. Installation: • Grading must be completed prior to seeding. • Slopes should be minimized. • Erosion control structures should be installed. • Seedbeds should be well pulverized, loose, and uniform. • Fertilizers should be applied at appropriate rates. • Seeding rates should be applied as recommended by the county agricultural extension agent. • The seed should be applied uniformly. • Steep slopes should be covered with appropriate soil stabilization matting. Blankets and Matting Description: Blankets and matting material can be used as an aid to control erosion December 18, 2020 Page 1 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) on critical sites during the establishment period of protective vegetation. The most common uses are in channels, interceptor swales, diversion dikes, short, steep slopes, and on tidal or stream banks. Materials: New types of blankets and matting materials are continuously being developed. The Texas Department of Transportation (TxDOT) has defined the critical performance factors for these types of products and has established minimum performance standards which must be met for any product seeking to be approved for use within any of TxDOT's construction or maintenance activities. The products that have been approved by TxDOT are also appropriate for general construction site stabilization. TxDOT maintains a web site at httDs://www.txdot.2ov/inside-txdot/division/maintenance/erosion-control.html which is updated as new products are evaluated. Installation: • Install in accordance with the manufacturer's recommendations. • Proper anchoring of the material. • Prepare a friable seed bed relatively free from clods and rocks and any foreign material. • Fertilize and seed in accordance with seeding or other type of planting plan. • Erosion stops should extend beyond the channel liner to full design cross- section of the channel. • A uniform trench perpendicular to line of flow may be dug with a spade or a mechanical trencher. • Erosion stops should be deep enough to penetrate solid material or below level of ruling in sandy soils. • Erosion stop mats should be wide enough to allow turnover at bottom of trench for stapling, while maintaining the top edge flush with channel surface. Mulch Description: Mulching is the process of applying a material to the exposed soil surface to protect it from erosive forces and to conserve soil moisture until plants can become December 18, 2020 Page 2 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) established. When seeding critical sites, sites with adverse soil conditions or seeding on other than optimum seeding dates, mulch material should be applied immediately after seeding. Seeding during optimum seeding dates and with favorable soils and site conditions will not need to be mulched. Materials: • Mulch may be small grain straw which should be applied uniformly. On slopes 15 percent or greater, a binding chemical must be applied to the surface. Wood -fiber or paper -fiber mulch may be applied by hydroseeding. • Mulch nettings may be used. • Wood chips may be used where appropriate. Installation: Mulch anchoring should be accomplished immediately after mulch placement. This may be done by one of the following methods: peg and twine, mulch netting, mulch anchoring tool, or liquid mulch binders. Sod Description: Sod is appropriate for disturbed areas which require immediate vegetative covers, or where sodding is preferred to other means of grass establishment. Locations particularly suited to stabilization with sod are waterways carrying intermittent flow, areas around drop inlets or in grassed swales, and residential or commercial lawns where quick use or aesthetics are factors. Sod is composed of living plants and those plants must receive adequate care in order to provide vegetative stabilization on a disturbed area. Materials: • Sod should be machine cut at a uniform soil thickness. • Pieces of sod should be cut to the supplier's standard width and length. • Torn or uneven pads are not acceptable. Sections of sod should be strong enough to support their own weight and retain their size and shape when suspended from a firm grasp. December 18, 2020 Page 3 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) • Sod should be harvested, delivered, and installed within a period of 36 hours. Installation: • Areas to be sodded should be brought to final grade. • The surface should be cleared of all trash and debris. • Fertilize according to soil tests. • Fertilizer should be worked into the soil. • Sod should not be cut or laid in excessively wet or dry weather. • Sod should not be laid on soil surfaces that are frozen. • During periods of high temperature, the soil should be lightly irrigated. • The first row of sod should be laid in a straight line with subsequent rows placed parallel to and butting tightly against each other. • Lateral joints should be staggered to promote more uniform growth and strength. • Wherever erosion may be a problem, sod should be laid with staggered joints and secured. • Sod should be installed with the length perpendicular to the slope (on the contour). • Sod should be rolled or tamped. • Sod should be irrigated to a sufficient depth. • Watering should be performed as often as necessary to maintain soil moisture. • The first mowing should not be attempted until the sod is firmly rooted. • Not more than one third of the grass leaf should be removed at any one cutting. December 18, 2020 Page 4 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) Interceptor Swale Interceptor swales are used to shorten the length of exposed slope by intercepting runoff, prevent off -site runoff from entering the disturbed area, and prevent sediment - laden runoff from leaving a disturbed site. They may have a v-shape or be trapezoidal with a flat bottom and side slopes of 3:1 or flatter. The outflow from a swale should be directed to a stabilized outlet or sediment trapping device. The swales should remain in place until the disturbed area is permanently stabilized. Materials: • Stabilization should consist of a layer of crushed stone three inches thick, riprap or high velocity erosion control mats. • Stone stabilization should be used when grades exceed 2% or velocities exceed 6 feet per second. • Stabilization should extend across the bottom of the swale and up both sides of the channel to a minimum height of three inches above the design water surface elevation based on a 2-year, 24-hour storm. Installation: • An interceptor swale should be installed across exposed slopes during construction and should intercept no more than 5 acres of runoff. • All earth removed and not needed in construction should be disposed of in an approved spoils site so that it will not interfere with the functioning of the swale or contribute to siltation in other areas of the site. • All trees, brush, stumps, obstructions and other material should be removed and disposed of so as not to interfere with the proper functioning of the swale. • Swales should have a maximum depth of 1.5 feet with side slopes of 3:1 or flatter. • Swale should have positive drainage for the entire length to an outlet. • When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope), stabilization is required. Stabilization should be crushed stone placed in a layer of at least 3 inches thick or may be high velocity erosion control matting. Check dams are also recommended to reduce velocities in the swales possibly reducing the amount of stabilization necessary. December 18, 2020 Page 5 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) • Minimum compaction for the swale should be 90% standard proctor density. Diversion Dikes A temporary diversion dike is a barrier created by the placement of an earthen embankment to reroute the flow of runoff to an erosion control device or away from an open, easily erodible area. A diversion dike intercepts runoff from small upland areas and diverts it away from exposed slopes to a stabilized outlet, such as a rock berm, sandbag berm, or stone outlet structure. These controls can be used on the perimeter of the site to prevent runoff from entering the construction area. Dikes are generally used for the duration of construction to intercept and reroute runoff from disturbed areas to prevent excessive erosion until permanent drainage features are installed and/or slopes are stabilized. Materials: • Stone stabilization (required for velocities in excess of 6 fps) should consist of riprap placed in a layer at least 3 inches thick and should extend a minimum height of 3 inches above the design water surface up the existing slope and the upstream face of the dike. • Geotextile fabric should be a non -woven polypropylene fabric designed specifically for use as a soil filtration media with an approximate weight of 6 oz./yd', a Mullen burst rating of 140 psi, and having an equivalent opening size (EOS) greater than a #50 sieve. Installation: • Diversion dikes should be installed prior to and maintained for the duration of construction and should intercept no more than 10 acres of runoff. • Dikes should have a minimum top width of 2 feet and a minimum height of compacted fill of 18 inches measured form the top of the existing ground at the upslope toe to top of the dike and have side slopes of 3:1 or flatter. • The soil for the dike should be placed in lifts of 8 inches or less and be compacted to 95 % standard proctor density. • The channel, which is formed by the dike, must have positive drainage for its entire 1 length to an outlet. • When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope), stabilization is required. In situations where velocities do not exceed 6 feet per second, vegetation may be used to control erosion. December 18, 2020 Page 6 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) Erosion Control Compost Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The most common uses are on steep slopes, swales, diversion dikes, and on tidal or stream banks. Materials: New types of erosion control compost are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities. Material used within any TxDOT construction or maintenance activities must meet material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at httns://www.txdot.izov/inside-txdot/division/support/recvcliniz/SDeclist.html that provides information on compost specification data. ECC used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as an ECC, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 3 3 2. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for ECC to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols December 18, 2020 Page 7 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) or test methods listed in TMECC. TMECC information can be found at httDS://www.comnostinizcouncil.oriZ/Daize/tmecc. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at httDS://www.COMDostinizcouncil.oriZ/Daize/Sealoff estinLiAssuranceSTA. Installation: • Install in accordance with current TxDOT specification. Use on slopes 3:1 or flatter. • Apply a 2-inch uniform layer unless otherwise shown on the plans or as directed. • When rolling is specified, use a light corrugated drum roller. Mulch and Compost Filter Socks Description: Mulch and compost filter socks (erosion control logs) are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, mulch and compost filter socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch and compost filter socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The sock should remain in place until the area is permanently stabilized. Mulch and compost filter socks may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch and compost filter socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of mulch and compost filter socks are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities. Mulch and compost filter socks used within any TxDOT construction or maintenance activities must meet material specifications in accordance with TxDOT specification 5049. TxDOT maintains a website at httDs://www.txdot.izov/inside-txdot/division/SUDDort/recvclinQ/SDeclist.html that provides information on compost specification data. Mulch and compost filter socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification December 18, 2020 Page 8 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) data. To ensure the quality of compost used for mulch and compost filter socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for mulch and compost filter socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at httns://www.comDostin2council.orL/DaLe/tmecc. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at httDs://www.com-Dostin2council.ore/page/Sealof estinLyAssuranceSTA. Installation: • Install in accordance with TxDOT Special Specification 5049. • Install socks (erosion control logs) near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. • Secure socks in a method adequate to prevent displacement as a result of normal rain events such that flow is not allowed under the socks. • Inspect and maintain the socks in good condition (including staking, anchoring, etc.). Maintain the integrity of the control, including keeping the socks free of accumulated silt, debris, etc., until the disturbed area has been adequately stabilized. December 18, 2020 Page 9 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) SEDIMENT CONTROL BMPS Sandbag Berm Description: The purpose of a sandbag berm is to detain sediment carried in runoff from disturbed areas. This objective is accomplished by intercepting runoff and causing it to pool behind the sandbag berm. Sediment carried in the runoff is deposited on the upstream side of the sandbag berm due to the reduced flow velocity. Excess runoff volumes are allowed to flow over the top of the sandbag berm. Sandbag berms are used only during construction activities in streambeds when the contributing drainage area is between 5 and 10 acres and the slope is less than 15%, i.e., utility construction in channels, temporary channel crossing for construction equipment, etc. Plastic facing should be installed on the upstream side and the berm should be anchored to the streambed by drilling into the rock and driving in T-posts or rebar (#5 or #6) spaced appropriately. Materials: • The sandbag material should be polypropylene, polyethylene, polyamide or cotton burlap woven fabric, minimum unit weight 4 oz/yd 2, mullen burst strength exceeding 300 psi and ultraviolet stability exceeding 70 percent. • The bag length should be 24 to 30 inches, width should be 16 to 18 inches and thickness should be 6 to 8 inches. • Sandbags should be filled with coarse grade sand and free from deleterious material. All sand should pass through a No. 10 sieve. The filled bag should have an approximate weight of 40 pounds. • Outlet pipe should be schedule 40 or stronger polyvinyl chloride (PVC) having a nominal internal diameter of 4 inches. Installation: • The berm should be a minimum height of 18 inches, measured from the top of the existing ground at the upslope toe to the top of the berm. • The berm should be sized as shown in the plans but should have a minimum width of 48 inches measured at the bottom of the berm and 16 inches measured at the top of the berm. • Runoff water should flow over the tops of the sandbags or through 4-inch diameter PVC pipes embedded below the top layer of bags. December 18, 2020 Page 10 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) • When a sandbag is filled with material, the open end of the sandbag should be stapled or tied with nylon or poly cord. • Sandbags should be stacked in at least three rows abutting each other, and in staggered arrangement. • The base of the berm should have at least 3 sandbags. These can be reduced to 2 and 1 bag in the second and third rows respectively. • For each additional 6 inches of height, an additional sandbag must be added to each row width. • A bypass pump -around system, or similar alternative, should be used on conjunction with the berm for effective dewatering of the work area. Silt Fence Description: A silt fence is a barrier consisting of geotextile fabric supported by metal posts to prevent soil and sediment loss from a site. When properly used, silt fences can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. If not properly installed, silt fences are not likely to be effective. The purpose of a silt fence is to intercept and detain water -borne sediment from unprotected areas of a limited extent. Silt fence is used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. This fence should remain in place until the disturbed area is permanently stabilized. Silt fence should not be used where there is a concentration of water in a channel or drainage way. If concentrated flow occurs after installation, corrective action must be taken such as placing a rock berm in the areas of concentrated flow. Silt fencing within the site may be temporarily moved during the day to allow construction activity provided it is replaced and properly anchored to the ground at the end of the day. Silt fences on the perimeter of the site or around drainage ways should not be moved at any time. Materials: • Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric. The fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst strength exceeding 190 lb/in 2, ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30. • Fence posts should be made of hot rolled steel, at least 4 feet long with Tee or Y-bar cross section, surface painted or galvanized, minimum nominal weight 1.2 5 lb/ft 2, and Brindell hardness exceeding 140. December 18, 2020 Page 11 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) • Woven wire backing to support the fabric should be galvanized 2-inch x 4-inch welded wire, 12 gauge minimum. Installation: • Steel posts, which support the silt fence, should be installed on a slight angle toward the anticipated runoff source. Post must be embedded a minimum of 1 foot deep and spaced not more than 8 feet on center. Where water concentrates, the maximum spacing should be 6 feet. • Lay out fencing down -slope of disturbed area, following the contour as closely as possible. The fence should be sited so that the maximum drainage area is 3 acre/100 feet of fence. • The toe of the silt fence should be trenched in with a spade or mechanical trencher, so that the down -slope face of the trench is flat and perpendicular to the line of flow. Where fence cannot be trenched in (e.g., pavement or rock outcrop), weight fabric flap with 3 inches of pea gravel on uphill side to prevent flow from seeping under fence. • The trench must be a minimum of 6 inches deep and 6 inches wide to allow for the silt fence fabric to be laid in the ground and backfilled with compacted material. • Silt fence should be securely fastened to each steel support post or to woven wire, which is in turn attached to the steel fence post. There should be a 3-foot overlap, securely fastened where ends of fabric meet. Triangular Filter Dike Description: The purpose of a triangular sediment filter dike is to intercept and detain water -borne sediment from unprotected areas of limited extent. The triangular sediment filter dike is used where there is no concentration of water in a channel or other drainage way above the barrier and the contributing drainage area is less than one acre. If the uphill slope above the dike exceeds 10%, the length of the slope above the dike should be less than 50 feet. If concentrated flow occurs after installation, corrective action should be taken such as placing rock berm in the areas of concentrated flow. This measure is effective on paved areas where installation of silt fence is not possible or where vehicle access must be maintained. The advantage of these controls is the ease with which they can be moved to allow vehicle traffic and then reinstalled to maintain sediment. December 18, 2020 Page 12 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) Materials: • Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric. The fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst strength exceeding 190 lb/in 2 , ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30. • The dike structure should be 6 gauge 6-ing x 6-inch wire mesh folded into triangular form being eighteen (18) inches on each side. Installation: • The frame of the triangular sediment filter dike should be constructed of 6-inch x 6-inch, 6-gauge welded wire mesh, 18 inches per side, and wrapped with geotextile fabric the same composition as that used for silt fences. • Filter material should lap over ends six (6) inches to cover dike to dike junction; each junction should be secured by shoat rings. • Position dike parallel to the contours, with the end of each section closely abutting the adjacent sections. • There are several options for fastening the filter dike to the ground. The fabric skirt may be toed -in with 6 inches of compacted material, or 12 inches of the fabric skirt should extend uphill and be secured with a minimum of 3 inches of open graded rock, or with staples or nails. If these two options are not feasible the dike structure may be trenched in 4 inches. • Triangular sediment filter dikes should be installed across exposed slopes during construction with ends of the dike tied into existing grades to prevent failure and should intercept no more than one acre of runoff. • When moved to allow vehicular access, the dikes should be reinstalled as soon as possible, but always at the end of the workday. Rock Berm Description: The purpose of a rock berm is to serve as a check dam in areas of concentrated flow, to intercept sediment -laden runoff, detain the sediment and release the water in sheet flow. The rock berm should be used when the contributing drainage area is less than 5 acres. Rock berms are used in areas where the volume of runoff is too great for a silt fence to contain. They are less effective for sediment removal than silt fences, particularly for fine particles, but are able to withstand higher flows than a December 18, 2020 Page 13 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) silt fence. As such, rock berms are often used in areas of channel flows (ditches, gullies, etc.). Rock berms are most effective at reducing bed load in channels and should not be substituted for other erosion and sediment control measures further up the watershed. Materials: • The berm structure should be secured with a woven wire sheathing having opening of one inch and a minimum wire diameter of 20 gauge galvanized and should be secured with shoat rings. • Clean, open graded 3- to 5-inch diameter rock should be used, except in areas where high velocities or large volumes of flow are expected, where 5- to 8-inch diameter rocks may be used. Installation: • Lay out the woven wire sheathing perpendicular to the flow line. The sheathing should be 20-gauge woven wire mesh with 1 inch openings. • Berm should have a top width of 2 feet minimum with side slopes being 2:1 (H:V) or flatter. • Place the rock along the sheathing to a height not less than 18 inches. • Wrap the wire sheathing around the rock and secure with tie wire so that the ends of the sheathing overlap at least 2 inches, and the berm retains its shape when walked upon. • Berm should be built along the contour at zero percent grade or as near as possible. • The ends of the berm should be tied into existing upslope grade and the berm should be buried in a trench approximately 3 to 4 inches deep to prevent failure of the control. Hav Bale Dike Description: The purpose of a hay or straw bale dike is to intercept and detain small amounts of sediment -laden runoff from relatively small unprotected areas. Straw bales are to be used when it is not feasible to install other, more effective measures or when the construction phase is expected to last less than 3 months. Straw bales should not be used on areas where rock or other hard surfaces prevent the full and uniform anchoring of the barrier. December 18, 2020 Page 14 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) Materials: Straw: The best quality straw mulch comes from wheat, oats or barley and should be free of weed and grass seed which may not be desired vegetation for the area to be protected. Straw mulch is light and therefore must be properly anchored to the ground. Hay: This is very similar to straw with the exception that it is made of grasses and weeds and not grain stems. This form of mulch is very inexpensive and is widely available but does introduce weed and grass seed to the area. Like straw, hay is light and must be anchored. Straw bales should weigh a minimum of 50 pounds and should be at least 30 inches long. Bales should be composed entirely of vegetable matter and be free of seeds. • Binding should be either wire or nylon string, jute or cotton binding is unacceptable. Bales should be used for not more than two months before being replaced. Installation: • Bales should be embedded a minimum of 4 inches and securely anchored using 2-inch x 2-inch wood stakes or 3/8-inch diameter rebar driven through the bales into the ground a minimum of 6 inches. • Bales are to be placed directly adjacent to one another leaving no gap between them. • All bales should be placed on the contour. • The first stake in each bale should be angled toward the previously laid bale to force the bales together. Brush Berms Organic litter and spoil material from site clearing operations is usually burned or hauled away to be dumped elsewhere. Much of this material can be used effectively on the construction site itself. The key to constructing an efficient brush berm is in the method used to obtain and place the brush. It will not be acceptable to simply take a bulldozer and push whole trees into a pile. This method does not assure continuous ground contact with the berm and will allow uncontrolled flows under the berm. December 18, 2020 Page 15 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) Brush berms may be used where there is little or no concentration of water in a channel or other drainage way above the berm. The size of the drainage area should be no greater than one-fourth of an acre per 100 feet of barrier length; the maximum slope length behind the barrier should not exceed 100 feet; and the maximum slope gradient behind the barrier should be less than 50 percent (2:1). Materials: • The brush should consist of woody brush and branches, preferably less than 2 inches in diameter. • The filter fabric should conform to the specifications for filter fence fabric. • The rope should be 1/4-inch polypropylene or nylon rope. • The anchors should be 3/8-inch diameter rebar stakes that are 18-inches long. Installation: • Lay out the brush berm following the contour as closely as possible. • The juniper limbs should be cut and hand placed with the vegetated part of the limb in close contact with the ground. Each subsequent branch should overlap the previous branch providing a shingle effect. • The brush berm should be constructed in lifts with each layer extending the entire length of the berm before the next layer is started. • A trench should be excavated 6-inches wide and 4-inches deep along the length of the barrier and immediately uphill from the barrier. • The filter fabric should be cut into lengths sufficient to lay across the barrier from its up -slope base to just beyond its peak. The lengths of filter fabric should be draped across the width of the barrier with the uphill edge placed in the trench and the edges of adjacent pieces overlapping each other. Where joints are necessary, the fabric should be spliced together with a minimum 6- inch overlap and securely sealed. • The trench should be backfilled, and the soil compacted over the filter fabric. • Set stakes into the ground along the downhill edge of the brush barrier and anchor the fabric by tying rope from the fabric to the stakes. Drive the rope anchors into the ground at approximately a 45-degree angle to the ground on 6- December 18, 2020 Page 16 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) foot centers. • Fasten the rope to the anchors and tighten berm securely to the ground with a minimum tension of 50 pounds. • The height of the brush berm should be a minimum of 24 inches after the securing ropes have been tightened. Stone Outlet Sediment Trans A stone outlet sediment trap is an impoundment created by the placement of an earthen and stone embankment to prevent soil and sediment loss from a site. The purpose of a sediment trap is to intercept sediment -laden runoff and trap the sediment in order to protect drainage ways, properties and rights of way below the sediment trap from sedimentation. A sediment trap is usually installed at points of discharge from disturbed areas. The drainage area for a sediment trap is recommended to be less than 5 acres. Larger areas should be treated using a sediment basin. A sediment trap differs from a sediment basin mainly in the type of discharge structure. The trap should be located to obtain the maximum storage benefit from the terrain, for ease of clean out and disposal of the trapped sediment and to minimize interference with construction activities. The volume of the trap should be at least 3600 cubic feet per acre of drainage area. Materials: • All aggregate should be at least 3 inches in diameter and should not exceed a volume of 0.5 cubic foot. • The geotextile fabric specification should be woven polypropylene, polyethylene or polyamide geotextile, minimum unit weight of 4.5 oz/yd 2, mullen burst strength at least 250 lb/in 2, ultraviolet stability exceeding 70%, and equivalent opening size exceeding 40. Installation: Earth Embankment: Place fill material in layers not more than 8 inches in loose depth. Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content of the material. Compact each layer to 95 percent standard proctor density. Do not place material on surfaces that are muddy or frozen. Side slopes for the embankment are to be 3:1. The minimum width of the embankment should be 3 feet. December 18, 2020 Page 17 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) • A gap is to be left in the embankment in the location where the natural confluence of runoff crosses the embankment line. The gap is to have a width in feet equal to 6 times the drainage area in acres. • Geotextile Covered Rock Core: A core of filter stone having a minimum height of 1.5 feet and a minimum width at the base of 3 feet should be placed across the opening of the earth embankment and should be covered _by geotextile fabric which should extend a minimum distance of 2 feet in either direction from the base of the filter stone core. • Filter Stone Embankment: Filter stone should be placed over the geotextile and is to have a side slope which matches that of the earth embankment of 3:1 and should cover the geotextile/rock core a minimum of 6 inches when installation is complete. The crest of the outlet should be at least 1 foot below the top of the embankment. Sediment Basins The purpose of a sediment basin is to intercept sediment -laden runoff and trap the sediment in order to protect drainage ways, properties and rights of way below the sediment basin from sedimentation. A sediment basin is usually installed at points of discharge from disturbed areas. The drainage area for a sediment basin is recommended to be less than 100 acres. Sediment basins are effective for capturing and slowly releasing the runoff from larger disturbed areas thereby allowing sedimentation to take place. A sediment basin can be created where a permanent pond BMP is being constructed. Guidelines for construction of the permanent BMP should be followed, but revegetation, placement of underdrain piping, and installation of sand or other filter media should not be carried out until the site construction phase is complete. Materials: • Riser should be corrugated metal or reinforced concrete pipe or box and should have watertight fittings or end to end connections of sections. • An outlet pipe of corrugated metal or reinforced concrete should be attached to the riser and should have positive flow to a stabilized outlet on the downstream side of the embankment. • An anti -vortex device and rubbish screen should be attached to the top of the riser and should be made of polyvinyl chloride or corrugated metal. December 18, 2020 Page 18 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) Basin Design and Construction: • For common drainage locations that serve an area with ten or more acres disturbed at one time, a sediment basin should provide storage for a volume of runoff from a two-year, 24-hour storm from each disturbed acre drained. • The basin length to width ratio should be at least 2:1 to improve trapping efficiency. The shape may be attained by excavation or the use of baffles. The lengths should be measured at the elevation of the riser de -watering hole. • Place fill material in layers not more than 8 inches in loose depth. Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content of the material. Compact each layer to 95 percent standard proctor density. Do not place material on surfaces that are muddy or frozen. Side slopes for the embankment should be 3:1 (H:V). • An emergency spillway should be installed adjacent to the embankment on undisturbed soil and should be sized to carry the full amount of flow generated by a 10-year, 3-hour storm with 1 foot of freeboard less the amount which can be carried by the principal outlet control device. • The emergency spillway should be lined with riprap as should the swale leading from the spillway to the normal watercourse at the base of the embankment. • The principal outlet control device should consist of a rigid vertically oriented pipe or box of corrugated metal or reinforced concrete. Attached to this structure should be a horizontal pipe, which should extend through the embankment to the toe of fill to provide a de -watering outlet for the basin. • An anti -vortex device should be attached to the inlet portion of the principal outlet control device to serve as a rubbish screen. • A concrete base should be used to anchor the principal outlet control device and should be sized to provide a safety factor of 1.5 (downward forces = 1.5 buoyant forces). • The basin should include a permanent stake to indicate the sediment level in the pool and marked to indicate when the sediment occupies 50% of the basin volume (not the top of the stake). • The top of the riser pipe should remain open and be guarded with a trash rack and anti -vortex device. The top of the riser should be 12 inches below the elevation of the emergency spillway. The riser should be sized to convey the runoff from the 2-year, 3-hour storm when the water surface is at the December 18, 2020 Page 19 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) emergency spillway elevation. For basins with no spillway the riser must be sized to convey the runoff from the 10-yr, 3-hour storm. • Anti -seep collars should be included when soil conditions or length of service make piping through the backfill a possibility. • The 48-hour drawdown time will be achieved by using a riser pipe perforated at the point measured from the bottom of the riser pipe equal to 1/2 the volume of the basin. This is the maximum sediment storage elevation. The size of the perforation may be calculated as follows: Ao = As x 2h Cd x 980,000 Where: Ao = Area of the de -watering hole, ft 2 A, = Surface area of the basin, ft 2 G = Coefficient of contraction, approximately 0.6 h = head of water above the hole, ft Perforating the riser with multiple holes with a combined surface area equal to Ao is acceptable. Erosion Control Compost Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The most common uses are on steep slopes, swales, diversion dikes, and on tidal or stream banks. Materials: New types of erosion control compost are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities. Material used within any TxDOT construction or maintenance activities must meet material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at httns://www.txdot.-ov/inside-txdot/division/subnort/recycling/sneclist.html that provides information on compost specification data. ECC used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as an ECC, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection December 18, 2020 Page 20 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for ECC to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at httns://www.compostingcouncil.or2/pa2e/tmecc. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at https://www.compostingcouncil.org/page/SealofTestin2AssuranceSTA. Installation: • Install in accordance with current TxDOT specification. Use on slopes 3:1 or flatter. • Apply a 2-inch uniform layer unless otherwise shown on the plans or as directed. • When rolling is specified, use a light corrugated drum roller. Mulch and Compost Filter Socks Description: Mulch and compost filter socks (erosion control logs) are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, mulch and compost filter socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch and compost filter socks are used during the period of construction near the December 18, 2020 Page 21 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The sock should remain in place until the area is permanently stabilized. Mulch and compost filter socks may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch and compost filter socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of mulch and compost filter socks are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities. Mulch and compost filter socks used within any TxDOT construction or maintenance activities must meet material specifications in accordance with TxDOT specification 5049. TxDOT maintains a website at httDs://www.txdot.aov/inside-txdot/division/support/recvcliniz/s-Declist.html that provides information on compost specification data. Mulch and compost filter socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used for mulch and compost filter socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for mulch and compost filter socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. December 18, 2020 Page 22 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) TMECC information can be found at httDs://www.comDostin2council.or2/pa2e/tmecc. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at htt,Ds://www.com-Dostin2council.ore/page/SealoffestinaAssuranceSTA. Installation: Install in accordance with TxDOT Special Specification 5049. • Install socks (erosion control logs) near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Secure socks in a method adequate to prevent displacement as a result of normal rain events such that flow is not allowed under the socks. • Inspect and maintain the socks in good condition (including staking, anchoring, etc.). • Maintain the integrity of the control, including keeping the socks free of accumulated silt, debris, etc., until the disturbed area has been adequately stabilized. December 18, 2020 Page 23 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) POST -CONSTRUCTION TSS CONTROLS Retention/Irrigation Svstems Description: Retention/irrigation systems refer to the capture of runoff in a holding pond, then use of the captured water for irrigation of appropriate landscape areas. Retention/irrigation systems are characterized by the capture and disposal of runoff without direct release of captured flow to receiving streams. Retention systems exhibit excellent pollutant removal but can require regular, proper maintenance. Collection of roof runoff for subsequent use (rainwater harvesting) also qualifies as a retention/irrigation practice but should be operated and sized to provide adequate volume. This technology, which emphasizes beneficial use of stormwater runoff, is particularly appropriate for and regions because of increasing demands on water supplies for agricultural irrigation and urban water supply. Design Considerations: Retention/irrigation practices achieve 100% removal efficiency of total suspended solids contained within the volume of water captured. Design elements of retention/irrigation systems include runoff storage facility configuration and sizing, pump and wet well system components, basin lining, basin detention time, and physical and operational components of the irrigation system. Retention/irrigation systems are appropriate for large drainage areas with low to moderate slopes. The retention capacity should be sufficient considering the average rainfall event for the area. Maintenance Requirements: Maintenance requirements for retention/irrigation systems include routine inspections, sediment removal, mowing, debris and litter removal, erosion control, and nuisance control. Extended Detention Basin Description: Extended detention facilities are basins that temporarily store a portion of stormwater runoff following a storm event. Extended detention basins are normally used to remove particulate pollutants and to reduce maximum runoff rates associated with development to their pre -development levels. The water quality benefits are the removal of sediment and buoyant materials. Furthermore, nutrients, heavy metals, toxic materials, and oxygen -demanding materials associated with the particles also are removed. The control of the maximum runoff rates serves to protect drainage channels below the device from erosion and to reduce downstream flooding. Although detention facilities designed for flood control have different design requirements than those used for water quality enhancement, it is possible to achieve these two objectives in a single facility. Design Considerations: Extended detention basins can remove approximately 75% of the total suspended solids contained within the volume of runoff captured in the basin. Design elements of extended detention basins include basin sizing, basin December 18, 2020 Page 24 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) configuration, basin side slopes, basin lining, inlet/outlet structures, and erosion controls. Extended detention basins are appropriate for large drainage areas with low to moderate slopes. The retention capacity should be sufficient considering the average rainfall event for the area. Maintenance Requirements: Maintenance requirements for extended detention basins include routine inspections, mowing, debris and litter removal, erosion control, structural repairs, nuisance control, and sediment removal. Yegetative Filter Strips Description: Filter strips, also known as vegetated buffer strips, are vegetated sections of land similar to grassy swales except they are essentially flat with low slopes and are designed only to accept runoff as overland sheet flow. They may appear in any vegetated form from grassland to forest, and are designed to intercept upstream flow, lower flow velocity, and spread water out as sheet flow. The dense vegetative cover facilitates conventional pollutant removal through detention, filtration by vegetation, and infiltration. Filter strips cannot treat high velocity flows, and do not provide enough storage or infiltration to effectively reduce peak discharges to predevelopment levels for design storms. This lack of quantity control favors use in rural or low -density development; however, they can provide water quality benefits even where the impervious cover is as high as 50%. The primary highway application for vegetative filter strips is along rural roadways where runoff that would otherwise discharge directly to a receiving water passes through the filter strip before entering a conveyance system. Properly designed roadway medians and shoulders make effective buffer strips. These devices also can be used on other types of development where land is available and hydraulic conditions are appropriate. Flat slopes and low to fair permeability of natural subsoil are required for effective performance of filter strips. Although an inexpensive control measure, they are most useful in contributing watershed areas where peak runoff velocities are low as they are unable to treat the high flow velocities typically associated with high impervious cover. Successful performance of filter strips relies heavily on maintaining shallow unconcentrated flow. To avoid flow channelization and maintain performance, a filter strip should: • Be equipped with a level spreading device for even distribution of runoff Contain dense vegetation with a mix of erosion resistant, soil binding species • Be graded to a uniform, even and relatively low slope December 18, 2020 Page 25 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) • Laterally traverse the contributing runoff area Filter strips can be used upgradient from watercourses, wetlands, or other water bodies along toes and tops of slopes and at outlets of other stormwater management structures. They should be incorporated into street drainage and master drainage planning. The most important criteria for selection and use of this BMP are soils, space, and slope. Design Considerations: Vegetative filter strips can remove approximately 85% of the total suspended solids contained within the volume of runoff captured. Design elements of vegetative filter strips include uniform, shallow overland flow across the entire filter strip area, hydraulic loading rate, inlet structures, slope, and vegetative cover. The area should be free of gullies or rills which can concentrate flow. Vegetative filter strips are appropriate for small drainage areas with moderate slopes. Other design elements include the following: • Soils and moisture are adequate to grow relatively dense vegetative stands • Sufficient space is available • Slope is less than 12% • Comparable performance to more expensive structural controls Maintenance Requirements: Maintenance requirements for vegetative filter strips include pest management, seasonal mowing and lawn care, routine inspections, debris and litter removal, sediment removal, and grass reseeding and mulching. Constructed Wetlands Description: Constructed wetlands provide physical, chemical, and biological water quality treatment of stormwater runoff. Physical treatment occurs as a result of decreasing flow velocities in the wetland, and is present in the form of evaporation, sedimentation, adsorption, and/or filtration. Chemical processes include chelation, precipitation, and chemical adsorption. Biological processes include decomposition, plant uptake and removal of nutrients, plus biological transformation and degradation. Hydrology is one of the most influential factors in pollutant removal due to its effects on sedimentation, aeration, biological transformation, and adsorption onto bottom sediments. The wetland should be designed such that a minimum amount of maintenance is required. The natural surroundings, including such things as the potential energy of a stream or flooding river, should be utilized as much as possible. The wetland should approximate a natural situation and unnatural attributes, such as rectangular shape or December 18, 2020 Page 26 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) rigid channel, should be avoided. Site considerations should include the water table depth, soil/substrate, and space requirements. Because the wetland must have a source of flow, it is desirable that the water table is at or near the surface. If runoff is the only source of inflow for the wetland, the water level often fluctuates, and establishment of vegetation may be difficult. The soil or substrate of an artificial wetland should be loose loam to clay. A perennial baseflow must be present to sustain the artificial wetland. The presence of organic material is often helpful in increasing pollutant removal and retention. A greater amount of space is required for a wetland system than is required for a detention facility treating the same amount of area. Design Considerations: Constructed wetlands can remove over 90% of the total suspended solids contained within the volume of runoff captured in the wetland. Design elements of constructed wetlands include wetland sizing, wetland configuration, sediment forebay, vegetation, outflow structure, depth of inundation during storm events, depth of micro pools, and aeration. Constructed wetlands are appropriate for large drainage areas with low to moderate slopes. Maintenance Requirements: Maintenance requirements for constructed wetlands include mowing, routine inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment removal, harvesting, and maintenance of water levels. Wet Basins Description: Wet basins are runoff control facilities that maintain a permanent wet pool and a standing crop of emergent littoral vegetation. These facilities may vary in appearance from natural ponds to enlarged, bermed (manmade) sections of drainage systems and may function as online or offline facilities, although offline configuration is preferable. Offline designs can prevent scour and other damage to the wet pond and minimize costly outflow structure elements needed to accommodate extreme runoff events. During storm events, runoff inflows displace part or all of the existing basin volume and are retained and treated in the facility until the next storm event. The pollutant removal mechanisms are settling of solids, wetland plant uptake, and microbial degradation. When the wet basin is adequately sized, pollutant removal performance can be excellent, especially for the dissolved fraction. Wet basins also help provide erosion protection for the receiving channel by limiting peak flows during larger storm events. Wet basins are often perceived as a positive aesthetic element in a community and offer significant opportunity for creative pond configuration and landscape design. Participation of an experienced wetland designer is suggested. A significant potential drawback for wet ponds in and climates is that the contributing watershed for these facilities is often incapable of providing an adequate water supply to December 18, 2020 Page 27 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) maintain the permanent pool, especially during the summer months. Makeup water (i.e., well water or municipal drinking water) is sometimes used to supplement the rainfall/runoff process, especially for wet basin facilities treating watersheds that generate insufficient runoff. Design Considerations: Wet basins can remove over 90% of the total suspended solids contained within the volume of runoff captured in the basin. Design elements of wet basins include basin sizing, basin configuration, basin side slopes, sediment forebay, inflow and outflow structures, vegetation, depth of permanent pool, aeration, and erosion control. Wet basins are appropriate for large drainage areas with low to moderate slopes. Maintenance Requirements: Maintenance requirements for wet basins include mowing, routine inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment removal, and harvesting. Grassv Swales Descripton: Grassy swales are vegetated channels that convey stormwater and remove pollutants by filtration through grass and infiltration through soil. They require shallow slopes and soils that drain well. Pollutant removal capability is related to channel dimensions, longitudinal slope, and type of vegetation. Optimum design of these components will increase contact time of runoff through the swale and improve pollutant removal rates. Grassy swales are primarily stormwater conveyance systems. They can provide sufficient control under light to moderate runoff conditions, but their ability to control large storms is limited. Therefore, they are most applicable in low to moderate sloped areas or along highway medians as an alternative to ditches and curb and gutter drainage. Their performance diminishes sharply in highly urbanized settings, and they are generally not effective enough to receive construction stage runoff where high sediment loads can overwhelm the system. Grassy swales can be used as a pretreatment measure for other downstream BMPs, such as extended detention basins. Enhanced grassy swales utilize check dams and wide depressions to increase runoff storage and promote greater settling of pollutants. Grassy swales can be more aesthetically pleasing than concrete or rock -lined drainage systems and are generally less expensive to construct and maintain. Swales can slightly reduce impervious area and reduce the pollutant accumulation and delivery associated with curbs and gutters. The disadvantages of this technique include the possibility of erosion and channelization over time, and the need for more right-of-way as compared to a storm drain system. When properly constructed, inspected, and maintained, the life expectancy of a Swale is estimated to be 20 years. December 18, 2020 Page 28 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) Design Considerations: • Comparable performance to wet basins • Limited to treating a few acres • Availability of water during dry periods to maintain vegetation • Sufficient available land area The suitability of a swale at a site will depend on land use, size of the area serviced, soil type, slope, imperviousness of the contributing watershed, and dimensions and slope of the swale system. In general, swales can be used to serve areas of less than 10 acres, with slopes no greater than 5 %. The seasonal high water table should be at least 4 feet below the surface. Use of natural topographic lows is encouraged, and natural drainage courses should be regarded as significant local resources to be kept in use. Maintenance Requirements: Research in the Austin area indicates that vegetated controls are effective at removing pollutants even when dormant. Therefore, irrigation is not required to maintain growth during dry periods but may be necessary only to prevent the vegetation from dying. Vegetation Lined Drainage Ditches Description: Vegetation lined drainage ditches are similar to grassy swales. These drainage ditches are vegetated channels that convey storm water and remove pollutants by filtration through grass and infiltration through soil. They require soils that drain well. Pollutant removal capability is related to channel dimensions, longitudinal slope, and type of vegetation. Optimum design of these components will increase contact time of runoff through the ditch and improve pollutant removal rates. Vegetation lined drainage ditches are primarily storm water conveyance systems. They have vegetation lined in the low flow channel and may include vegetated shelves. Vegetation in drainage ditches reduces erosion and removes pollutants by lowering water velocity over the soil surface, binding soil particles with roots, and by filtration through grass and infiltration through soil. Vegetation lined drainage ditches can be used where: • A vegetative lining can provide sufficient stability for the channel grade by increasing maximum permissible velocity • Slopes are generally less than 5%, with protection from sheer stress as needed through the use of BMPs, such as erosion control blankets December 18, 2020 Page 29 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) Site conditions required to establish vegetation, i.e. climate, soils, topography, are present Design Criteria: The suitability of a vegetation lined drainage ditch at a site will depend on land use, size of the area serviced, soil type, slope, imperviousness of the contributing watershed, and dimensions and slope of the ditch system. The hydraulic capacity of the drainage ditch and other elements such as erosion, siltation, and pollutant removal capability, must be taken into consideration. Use of natural topographic lows is encouraged, and natural drainage courses should be regarded as significant local resources to be kept in use. Other items to consider include the following: Capacity, cross-section shape, side slopes, and grade Select appropriate native vegetation Construct in stable, low areas to conform with the natural drainage system. To reduce erosion potential, design the channel to avoid sharp bends and steep grades. • Design and build drainage ditches with appropriate scour and erosion protection. Surface water should be able to enter over the vegetated banks without erosion occurring. • BMPs, such as erosion control blankets, may need to be installed at the time of seeding to provide stability until the vegetation is fully established. It may also be necessary to divert water from the channel until vegetation is established or to line the channel with sod. • Vegetated ditches must not be subject to sedimentation from disturbed areas. • Sediment traps may be needed at channel inlets to prevent entry of muddy runoff and channel sedimentation. Availability of water during dry periods to maintain vegetation • Sufficient available land area Maintenance: During establishment, vegetation lined drainage ditches should be inspected, repaired, and vegetation reestablished if necessary. After the vegetation has become established, the ditch should be checked periodically to determine if the channel is December 18, 2020 Page 30 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) withstanding flow velocities without damage. Check the ditch for debris, scour, or erosion and immediately make repairs if needed. Check the channel outlet and all road crossings for bank stability and evidence of piping or scour holes and make repairs immediately. Remove all significant sediment accumulations to maintain the designed carrying capacity. Keep the vegetation in a healthy condition at all times, since it is the primary erosion protection for the channel. Vegetation lined drainage ditches should be seasonally maintained by mowing or irrigating, depending on the vegetation selected. The long-term management of ditches as stable, vegetated, "natural" drainage systems with native vegetation buffers is highly recommended due to the inherent stability offered by grasses, shrubs, trees, and other vegetation. Research in the Austin area indicates that vegetated controls are effective at removing pollutants even when dormant. Therefore, irrigation is not required to maintain growth during dry periods but may be necessary only to prevent the vegetation from dying. Sand Filter Svstems Description: The objective of sand filters is to remove sediment and the pollutants from the first flush of pavement and impervious area runoff. The filtration of nutrients, organics, and coliform bacteria is enhanced by a mat of bacterial slime that develops during normal operations. One of the main advantages of sand filters is their adaptability; they can be used on areas with thin soils, high evaporation rates, low -soil infiltration rates, in limited -space areas, and where groundwater is to be protected. Since their original inception in Austin, Texas, hundreds of intermittent sand filters have been implemented to treat stormwater runoff. There have been numerous alterations or variations in the original design as engineers in other jurisdictions have improved and adapted the technology to meet their specific requirements. Major types include the Austin Sand Filter, the District of Columbia Underground Sand Filter, the Alexandria Dry Vault Sand Filter, the Delaware Sand Filter, and peat -sand filters which are adapted to provide a sorption layer and vegetative cover to various sand filter designs. Design Considerations: • Appropriate for space -limited areas • Applicable in and climates where wet basins and constructed wetlands are not appropriate High TSS removal efficiency December 18, 2020 Page 31 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) Cost Considerations: Filtration Systems may require less land than some other BMPs, reducing the land acquisition cost; however the structure itself is one of the more expensive BMPs. In addition, maintenance cost can be substantial. Erosion Control Compost Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The most common uses are on steep slopes, swales, diversion dikes, and on tidal or stream banks. Materials: New types of erosion control compost are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT=s construction or maintenance activities. Material used within any TxDOT construction or maintenance activities must meet material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at htti3s://www.txdot.2ov/inside-txdot/division/support/recvclin2/si)eclist.html that provides information on compost specification data. ECC used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as an ECC, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections '332.71 Sampling and Analysis Requirements for Final Products and '332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product=s specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for ECC to ensure that the products used will not impact public health, safety, and the environment and December 18, 2020 Page 32 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at httus://www.com-Dostinacouncil.or�.r/page/tmecc. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at httns://www.COMDostinLcouncil.orLY/Daize/SealofestingAssuranceSTA. Installation: Install in accordance with current TxDOT specification. Use on slopes 3:1 or flatter. • Apply a 2-inch uniform layer unless otherwise shown on the plans or as directed. • When rolling is specified, use a light corrugated drum roller. Mulch and Compost Filter Socks Description: Mulch and compost filter socks (erosion control logs) are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, mulch and compost filter socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch and compost filter socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The sock should remain in place until the area is permanently stabilized. Mulch and compost filter socks may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch and compost filter socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of mulch and compost filter socks are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT=s construction or maintenance activities. Mulch and compost filter socks used within any TxDOT construction or maintenance activities must meet material specifications in accordance with TxDOT specification 5049. TxDOT maintains a website at December 18, 2020 Page 33 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) httDs://www.txdot.2ovlinside-txdot/division/supportlrecvclin�--/sDeclist.html that provides information on compost specification data. Mulch and compost filter socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used for mulch and compost filter socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections '332.71 Sampling and Analysis Requirements for Final Products and '332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product=s specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for mulch and compost filter socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at httDs://www.comDostin2council.orL/DaLe/tmecc. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at httDs://www.comDostin2council.ore/Da2e/Sealoff estinLyAssuranceSTA. Installation: • Install in accordance with TxDOT Special Specification 5049. • Install socks (erosion control logs) near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. • Secure socks in a method adequate to prevent displacement as a result of normal rain events such that flow is not allowed under the socks. December 18, 2020 Page 34 of 35 cQMo Attachment 4 Description of Best Management Practices (BMPs) • Inspect and maintain the socks in good condition (including staking, anchoring, etc.). Maintain the integrity of the control, including keeping the socks free of accumulated silt, debris, etc., until the disturbed area has been adequately stabilized. Sedimentation Chambers (only to be used when there is no space available for other approved BMP's) Description: Sedimentation chambers are stormwater treatment structures that can be used when space is limited such as urban settings. These structures are often tied into stormwater drainage systems for treatment of stormwater prior to entering state waters. The water quality benefits are the removal of sediment and buoyant materials. These structures are not designed as a catch basin or detention basin and not typically used for floodwater attenuation. Design Considerations: Average rainfall and surface area should be considered when following manufacturer's recommendations for chamber sizing and/or number of units needed to achieve effective TSS removal. If properly sized, 50-80% removal of TSS can be expected. Maintenance Requirements: Maintenance requirements include routine inspections, sediment, debris and litter removal, erosion control and nuisance control. December 18, 2020 Page 35 of 35 CHRISTI CRADDICK, CHAIRMAN DANNY SORRELLS RYAN SITTON, COMMISSIONER OF WAYNE CHRISTIAN, COMMISSIONER `' r �� ASSISTANT EXECUTIVE DIRECTOR DIRECTOR, OIL AND GAS DIVISION 'Inn LESLIE SAVAGE, P.G. CHIEF GEOLOGIST RAILROAD COMMISSION OF TEXAS OIL AND GAS DIVISION December 18, 2020 Colonel Timothy R. Vail Galveston District U.S. Army Corps of Engineers P.O. Box 1229 Galveston, Texas 77553-1229 Re: 2020 USACE Nationwide Permits Reissuance NPWs 2, 3, 6, 7, 8, 12, 14, 16, 18, 19, 20, 25, 38, 43, 46, D and E Dear Colonel Vail: This letter is in response to your letter dated October 19, 2020, requesting Clean Water Act Section 401 certification of the United States Army Corps of Engineers (USACE) Nationwide Permits (NWPs), notification of which was published in the September 15, 2020, issue of the Federal Register (85 FR 57298). Regional conditions for NWPs in Texas were proposed in public notices on September 30, 2020 and October 1, 2020. Texas Natural Resources Code, §91.101, and Texas Water Code, §26.131, grant the RRC jurisdiction for water quality certifications for federal permits covering activities associated with the exploration, development, and production, including pipeline transportation, of oil, gas or geothermal resources that may result in discharges to waters of the United States. No person may conduct any activity subject to RRC jurisdiction pursuant to a USACE permit if that activity may result in a discharge into to waters of the United States within the boundaries of the State of Texas, unless the RRC has first issued a certification or waiver of certification under 16 Texas Administrative Code §3.93 (Rule 93). Although the RRC is responsible for water quality certification of activities under the jurisdiction of the RRC, the Texas Commission on Environmental Quality (TCEQ) establishes the Texas Water Quality Standards. This certification is limited to those activities under the jurisdiction of the RRC. For all other activities, the TCEQ will issue the certification as provided in Texas Water Code §26.131. This office has reviewed the following proposed NWPs: 2 (Structures in Artificial Canals), 3 (Maintenance), 6 (Survey Activities), 7 (Outfall Structures and Associated Intake Structures), 8 (Oil and Gas Structures on the Outer Continental Shelf), 12 (Utility Line Activities), 14 (Linear Transportation Projects), 16 (Return Water From Upland Contained Disposal Areas), 18 (Minor Discharges), 19 (Minor Dredging), 20 (Oil Spill Cleanup), 25 (Structural Discharges), 38 (Cleanup of Hazardous and Toxic Waste), 43 (Stormwater Management Facilities), 46 Colonel Timothy R. Vail 2020 USACE Nationwide Permits Reissuance December 18, 2020 (Discharges in Ditches), D (Utility Line Activities for Water and Other Substances), and E (Water Reclamation and Reuse Facilities). Based on our evaluation of the information contained in these documents, the RRC certifies that the activities authorized by NWPs 2, 8, 20, and E should not result in a violation of Texas Surface Water Quality Standards as required by Section 401 of the Federal Clean Water Act and pursuant to 16 Texas Administrative Code (TAC) §3.93. The RRC conditionally certifies that the activities authorized by NWPs 3, 6, 7, 12, 14, 16, 18, 19, 25, 38, 43, 46, and D should not result in a violation of Texas Surface Water Quality Standards as required by Section 401 of the Federal Clean Water Act and pursuant to 16 TAC §3.93. Conditions for each NWP are defined in Attachment 1, in accordance with Texas Water Code, §26.003 and 30 TAC §307.5(a), which establish the antidegradation policy. The antidegradation policy and implementation procedures apply to actions regulated under state and federal authority that would increase pollution of the water in the state, including federal permits relating to the discharge of fill or dredged material under Federal Clean Water Act, §404. Conditions for NWPs 6, 7, 12, 14, 16, 18, 19, 25, 38, 43, 46, and D: Certification of these NWPs is conditioned on inclusion of a prohibition on the use of these NWPs in coastal dune swales, mangrove marshes, and Columbia bottomlands in the Galveston District. Impacts to rare and ecologically significant coastal dune swales, mangrove marshes, and Columbia bottomlands, would not be considered minimal. Wetland water quality functions as defined in the Texas Surface Water Quality Standards (30 TAC §307) are attributes of wetlands that protect and maintain the quality of water in the state, which include stormwater storage and retention and the moderation of extreme water level fluctuations; shoreline protection against erosion through the dissipation of wave energy and water velocity, and anchoring of sediments; habitat for aquatic life; and removal, transformation, and retention of nutrients and toxic substances. No discharge can be certified if there is a practicable alternative to the proposed discharge that would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other more significant adverse environmental consequences. Condition for NWP 12 and NWP D: Certification on NWP 12 and NWP D is conditioned on a prohibition on mechanized land clearing in forested wetlands. Wetland water quality functions as defined in the Texas Surface Water Quality Standards (30 TAC §307) are attributes of wetlands that protect and maintain the quality of water in the state, which include stormwater storage and retention and the moderation of extreme water level fluctuations; shoreline protection against erosion through the dissipation of wave energy and water velocity, and anchoring of sediments; habitat for aquatic life; and removal, transformation, and retention of nutrients and toxic substances. No discharge can be certified if there is a practicable alternative to the proposed discharge that would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other more significant adverse environmental consequences. Condition for NWP 16: Certification of NWP 16 is conditioned on inclusion of a limit of 300 mg/L total suspended solids (TSS) concentration on the return water from upland contained dredged material disposal areas. This limit is promulgated as an effluent limit under Title 40 of Colonel Timothy R. Vail 2020 USACE Nationwide Permits Reissuance December 18, 2020 the Code of Federal Regulations. The requirement has also been included in individual 404 permits. The RRC is conditionally certifying NWP General Condition #12 Soil Erosion and Sediment Controls, and General Condition #25 Water Quality. The conditions address three categories of water quality management with specific recommendations for Best Management Practices (BMPs) for each category intended to enhance the water quality protection. A list of recommended BMPs is included as Attachment 2. The BMPs identified in Attachment 2 are in accordance with the Texas Water Code, §26.003 and the antidegradation policy and implementation procedures in 30 TAC §307.5(a), which apply to actions regulated under state and federal authority that would increase pollution of the water in the state, including federal permits relating to the discharge of fill or dredged material under Federal Clean Water Act, §404. Attachment 3 is provided as a reference for all NWPs. A detailed description of the BMPs is provided in Attachment 4. These BMPs should be included for the protection of waters in the state specific to each NWP as part of the regional conditions for Texas. The conditions identified in Attachment 3 and 4 are in accordance with the Texas Water Code, §26.003 and the antidegradation policy and implementation procedures in 30 TAC §307.5(a), which apply to actions regulated under state and federal authority that would increase pollution of the water in the state, including federal permits relating to the discharge of fill or dredged material under Federal Clean Water Act, §404. USACE is proposing to remove the 300 linear foot limit for NWP 43 and quantify impacts to streams using a'/2-acre limit. Removal of the 300 linear foot limit would also remove the waiver requirement for proposed impacts to streams greater than 300 linear feet. The RRC is concerned about the potential adverse impact to state aquatic resources of the proposed removal of the 300 linear foot limit on stream bed losses. Removing the stream loss limit would mean that stream losses associated with activities covered by this NWP would only be limited by the existing 1/2 - acre limit on overall impacts to waters of the U.S., which could significantly affect state stream resources by allowing upwards of several thousand linear feet of stream impacts under these permits, depending on the dimensions of the streams being impacted. The RRC conditionally certifies this NWP with a cap of 1,500 linear feet on the stream length impacted based on the amount of stream impacts considered minimal by the state. The greater than minimal loss of stream length would result in significant loss of aquatic habitat and degradation of water quality per the state's Antidegradation Policy (30 TAC §307.4(i)) for aquatic life uses and habitat, where vegetative and physical components of the aquatic environment must be maintained or mitigated to protect aquatic life uses. Certification of General Condition 23 Mitigation is conditioned to require USACE to copy RRC on any written notification of a mitigation waiver so that RRC may fulfill its responsibility to ensure water of the state is appropriately protected by understanding the impact of waivers being granted in Texas. By letter dated November 14, 2020, the Texas Parks and Wildlife Department (TPWC) provided substantive recommendations. TPWD commented that the proposal to replace the 300 linear Colonel Timothy R. Vail 2020 USACE Nationwide Permits Reissuance December 18, 2020 foot limit with a half -acre limit would greatly increase the amount of stream subject to impact without PCN and the length of stream allowed to be impacted under a NWP. TPWD recommended that Regional Condition 10 be revised to include resource agency coordination for any proposed discharges into mangrove forests or coastal dune swales. TPWD recommended new Regional Conditions for NWP 3, 6, and 12 include PCN for activities that include general conditions for aquatic life movement, shellfish beds, adverse effects from impoundments, endangered species, designated critical resource waters and notice of fish, shellfish, and other aquatic resource mortality events as it related to the general conditions. The General Conditions cover many of these concerns. In addition, a new regional condition should prohibit use of NWP 12 for discharges into Critical Resource Water (CRW) (GEMS, State Coastal Preserves, Sanctuaries, state Scientific areas, and Ecologically Significant Stream Segments, and Texas protected Mussel Sanctuaries; as well as state designated areas for known mussel habitat and known occurrences of state -and/or federally - listed freshwater mussels species) and their adjacent wetlands. Discharges of dredged or fill material into waters of the U.S. are not authorized by NWP 12 for any activity within, or directly affecting, Designated Critical Resource Waters, including wetlands adjacent to such waters (General Condition 22). PCN is required for NWPs 3 for any activity proposed by permittees in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after she or he determines that the impacts to the critical resource waters will be no more than minimal (General Condition 22). N addition, USACE advised by letter dated December 11, 2020, that USACE may designate, after notice and opportunity for public comment, additional waters having particular environmental or ecological significance. Although the process for designating the requested areas as CRWs was initiated, it has not been completed. The RRC reserves the right to modify this certification should it be determined that significant cumulative or secondary impacts are occurring as a result of the activities authorized by the USACE under these NPWs. The RRC has reviewed this proposed action for consistency with the Texas Coastal Management Plan (TCMP) goals and policies, in accordance with the regulations of the TCMP, and has found that the proposed action will have direct and significant adverse effect on any coastal natural resource area identified in the applicable policies, but has determined that the proposed action is consistent with the applicable goals and policies of the TCMP. This consistency determination is conditioned on inclusion in the NWPs of the conditions discussed above, as well as the following conditions: Under General Condition 18 (Endangered Species), no activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. However, the General Condition does not include such a prohibition on activity that could jeopardize the continued existence of a threatened or 4 Colonel Timothy R. Vail 2020 USACE Nationwide Permits Reissuance December 18, 2020 endangered species or a species proposed for such designation, as identified by the State of Texas. USACE should coordinated with Texas Parks and Wildlife for all discharges, work, dredging activities, or dewatering activities proposed in non -tidal waters in which state and/or federal listed freshwater mussel species are known to occur and/or are within one of the 18 listed Texas protected mussel sanctuaries. If you require further assistance, please contact me at 512-463-7308 or by email at Leslie. sava2e(&,ffc.texas. 2ov. Regards, Leslie Savage, Chief Geologist Oil and Gas Division Railroad Commission of Texas Ccs: (Via Electronic mail) Mr. Stephen Brooks, Branch Chief, U.S. Army Corp of Engineers, Regulatory Branch, Fort Worth Branch Chief, U.S. Army Corps of Engineers, Albuquerque District Regulatory Branch Chief, U.S. Army Corps of Engineers, Regulatory Branch, Tulsa Regulatory Branch Chief, U.S. Army Corps of Engineers, El Paso Regulatory Office Ms. Leslie Koza, Texas Parks and Wildlife Ms. Allison Buchtien, Texas General Land Office via e-mail Attachment 1 Conditions of Section 401 Certification for Nationwide Permits and General Conditions General Condition 12 (Soil Erosion and Sediment Controls) Erosion control and sediment control BMPs described in Attachment 2 are required with the use of this general condition. If the applicant does not choose one of the BMPs listed in Attachment 2, an individual 401 certification is required. General Condition 25 (Water Oualitv) Post -construction total suspended solids (TSS) BMPs described in Attachment 2 are required with the use of this general condition. If the applicant does not choose one of the BMP's listed in Attachment 2, an individual 401 certification is required. General Condition 23 (Mitigation) The USACE will copy the RRC on all mitigation waivers sent to applicants. NWP 43 The USACE will copy the RRC on all written approvals of waivers for impacts to ephemeral, intermittent or perennial streams. NWPs 2, 3, 6, 7, 8, 12, 14, 16, 18, 19, 20, 25, 38, 43, and 46 These NWPs are not authorized for use in coastal dune swales, mangrove marshes, and Columbia bottomlands in the Galveston District, Texas. NWP 3 (Maintenance) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 6 (Survey Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 7 (Outfall Structures and Associated Intake Structures) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 12 (Utility Line Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. Postconstruction TSS controls under General Condition 25 are required. NWP 14 (Linear Transportation Projects) Soil Erosion and Sediment Controls under General Condition 12 are required. Postconstruction TSS controls under General Condition 2 5 are required. NWP 16 (Return Water From Upland Contained Disposal Areas) Effluent from an upland contained disposal area shall not exceed a TSS concentration of 300 mg/L unless a site -specific TSS limit, or a site specific correlation curve for turbidity (nephelometric turbidity units (NTU)) versus TSS has been approved by TCEQ. NWP 18 (Minor Discharges) Soil Erosion and Sediment Controls under General Condition 12 are required. Postconstruction TSS controls under General Condition 2 5 are required. NWP 19 (Minor Drekin2) Soil Erosion: and Sediment Controls under General Condition 12 are required. NWP 25 (Structural Discharges) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 38 (Cleanup of Hazardous and Toxic Waste) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 43 (Stormwater Management Facilities) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 46 (Discharges in Ditches) Soil Erosion and Sediment Controls under General Condition 12 are required. Attachment 2 401 Water Oualitv Certification Best Manauement Practices (BMPs) for Nationwide Permits I. Erosion Control Disturbed areas must be stabilized to prevent the introduction of sediment to adjacent wetlands or water bodies during wet weather conditions (erosion). At least one of the following BMPs must be maintained and remain in place until the area has been stabilized for NWPs 3, 6, 7, 12, 14, 18, 19, 25, 38, 43, and 46. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. o Temporary Vegetation o Mulch o Interceptor Swale o Erosion Control Compost o Compost Filter Socks II. Sedimentation Control o Blankets/Matting o Sod o Diversion Dike o Mulch Filter Socks Prior to project initiation, the project area must be isolated from adjacent wetlands and water bodies by the use of BMPs to confine sediment. Dredged material shall be placed in such a manner that prevents sediment runoff into water in the state, including wetlands. Water bodies can be isolated by the use of one or more of the required BMPs identified for sedimentation control. These BMP's must be maintained and remain in place until the dredged material is stabilized. At least one of the following BMPs must be maintained and remain in place until the area has been stabilized for NWPs 3, 6, 7, 12, 14, 18, 19, 25, 38, 43, and 46. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. o Sand Bag Berm o Rock Berm o Silt Fence o Triangular Filter Dike o Stone Outlet Sediment Traps o Erosion Control Compost o Compost Filter Socks III. Post -Construction TSS Control o Hay Bale Dike o Brush Berms o Sediment Basins o Mulch Filter Socks After construction has been completed and the site is stabilized, total suspended solids (TSS) loadings shall be controlled by at least one of the following BMPs for NWPs 12, 14, and 18. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. o Retention/Irrigation Systems o Constructed Wetlands o Extended Detention Basin o Wet Basins o Vegetative Filter Strips o Vegetation lined drainage ditches o Grassy Swales o Sand Filter Systems o Erosion Control Compost o Mulch Filter Socks o Compost Filter Socks o Sedimentation Chambers* * Only to be used when there is no space available for other approved BMPs. IV. NWP 16: Return Water from Upland Contained Disposal Areas Effluent from an upland contained disposal area shall not exceed a TSS concentration of 300 mg/L unless a site -specific TSS limit, or a site specific correlation curve for turbidity (nephelometric turbidity units (NTU)) versus TSS has been approved by TCEQ. V. All NWPs except NWP 3 These NWPs are not authorized for use in coastal dune swales, mangrove marshes, and Columbia bottomlands in the Galveston District, Texas. Attachment 3 Reference to Nationwide Permits Best Management Practices Requirements NWP Permit Description Erosion Control Sediment Post Control Construction TSS 2 Structures in Artificial Canals 3 Maintenance X X 6 Survey Activities Trenching X X 7 Outfall Structures and X X Associated Intake Structures 8 Oil and Gas Structures on the X X Outer Continental Shelf 12 Utility Line Activities X X 14 Liner Transportation Projects X X 16 Return Water From Upland Contained Disposal Areas 18 Minor Discharges X X 19 Minor Dredging X X 20 Response Operations for Oil and Hazardous Substances 25 Structural Discharges X X 38 Cleanup o Hazardous and X X Toxic Waste 43 Stormwater Management X X Facilities 46 Discharges in Ditches X X X X M Attachment 4 EROSION CONTROL BMPs Temvorary Vegetation Description: Vegetation can be used as a temporary or permanent stabilization technique for areas disturbed by construction. Vegetation effectively reduces erosion in swales, stockpiles, berms, mild to medium slopes, and along roadways. Other techniques such as matting, mulches, and grading may be required to assist in the establishment of vegetation. Materials: • The type of temporary vegetation used on a site is a function of the season and the availability of water for irrigation. • Temporary vegetation should be selected appropriately for the area. • County agricultural extension agents are a good source for suggestions for temporary vegetation. • All seed should be high quality, U.S. Dept. of Agriculture certified seed. Installation: • Grading must be completed prior to seeding. • Slopes should be minimized. • Erosion control structures should be installed. • Seedbeds should be well pulverized, loose, and uniform. • Fertilizers should be applied at appropriate rates. • Seeding rates should be applied as recommended by the county agricultural extension agent. • The seed should be applied uniformly. • Steep slopes should be covered with appropriate soil stabilization matting. Blankets and Matting Description: Blankets and matting material can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The most common uses are in channels, interceptor swales, diversion dikes, short, steep slopes, and on tidal or stream banks. Materials: The Texas Department of Transportation (TxDOT) has defined the critical performance factors for these types of products and has established minimum performance standards which must be met for any product seeking to be approved for use within any of TxDOT's construction or maintenance activities. The products that have been approved by TxDOT are also appropriate for general construction site stabilization. TxDOT maintains a web site at http://www.txdot.aov/business/doing business/product_ evaluation/erosioncontrol.htm, which is updated as new products are evaluated. Installation: • Install in accordance with the manufacturer's recommendations. • Proper anchoring of the material. • Prepare a friable seed bed relatively free from clods, rocks and any foreign material. • Fertilize and seed in accordance with seeding or other type of planting plan. 2020 USACE Nationwide Permits Erosion Control BMPs • Erosion stops should extend beyond the channel liner to full design cross-section of the channel. • A uniform trench perpendicular to line of flow may be dug with a spade or a mechanical trencher. • Erosion stops should be deep enough to penetrate solid material or below level of ruling in sandy soils. • Erosion stop mats should be wide enough to allow turnover at bottom of trench for stapling, while maintaining the top edge flush with channel surface. Mulch Description: Mulching is the process of applying a material to the exposed soil surface to protect it from erosive forces and to conserve soil moisture until plants can become established. When seeding critical sites, sites with adverse soil conditions or seeding on other than optimum seeding dates, mulch material should be applied immediately after seeding. Seeding during optimum seeding dates and with favorable soils and site conditions will not need to be mulched. Materials: • Mulch may be small grain straw which should be applied uniformly. • On slopes 15 percent or greater, a binding chemical must be applied to the surface. • Wood -fiber or paper -fiber mulch may be applied by hydroseeding. • Mulch nettings may be used. • Wood chips may be used where appropriate. Installation: Mulch anchoring should be accomplished immediately after mulch placement. This may be done by one of the following methods: peg and twine, mulch netting, mulch anchoring tool, or liquid mulch binders. Description: Sod is appropriate for disturbed areas which require immediate vegetative covers, or where sodding is preferred to other means of grass establishment. Locations particularly suited to stabilization with sod are waterways carrying intermittent flow, areas around drop inlets or in grassed swales, and residential or commercial lawns where quick use or aesthetics are factors. Sod is composed of living plants and those plants must receive adequate care to provide vegetative stabilization on a disturbed area. Materials: • Sod should be machine cut at a uniform soil thickness. • Pieces of sod should be cut to the supplier's standard width and length. • Torn or uneven pads are not acceptable. • Sections of sod should be strong enough to support their own weight and retain their size and shape when suspended from a firm grasp. • Sod should be harvested, delivered, and installed within a period of 36 hours. Installation: • Areas to be sodded should be brought to final grade. • The surface should be cleared of all trash and debris. 2 2020 USACE Nationwide Permits Erosion Control BMPs • Fertilize according to soil tests. • Fertilizer should be worked into the soil. • Sod should not be cut or laid in excessively wet or dry weather. • Sod should not be laid on soil surfaces that are frozen. • During periods of high temperature, the soil should be lightly irrigated. • The first row of sod should be laid in a straight line with subsequent rows placed parallel to and butting tightly against each other. • Lateral joints should be staggered to promote more uniform growth and strength. • Wherever erosion may be a problem, sod should be laid with staggered joints and secured. • Sod should be installed with the length perpendicular to the slope (on the contour). • Sod should be rolled or tamped. • Sod should be irrigated to a sufficient depth. • Watering should be performed as often as necessary to maintain soil moisture. • The first mowing should not be attempted until the sod is firmly rooted. • Not more than one third of the grass leaf should be removed at any one cutting. Interceptor Swale Interceptor swales are used to shorten the length of exposed slope by intercepting runoff, prevent off -site runoff from entering the disturbed area, and prevent sediment -laden runoff from leaving a disturbed site. They may have a v-shape or be trapezoidal with a flat bottom and side slopes of 3:1 or flatter. The outflow from a swale should be directed to a stabilized outlet or sediment trapping device. The swales should remain in place until the disturbed area is permanently stabilized. Materials: • Stabilization should consist of a layer of crushed stone three inches thick, riprap or high velocity erosion control mats. • Stone stabilization should be used when grades exceed 2% or velocities exceed 6 feet per second. • Stabilization should extend across the bottom of the swale and up both sides of the channel to a minimum height of three inches above the design water surface elevation based on a 2-year, 24- hour storm. Installation: • An interceptor swale should be installed across exposed slopes during construction and should intercept no more than 5 acres of runoff. • All earth removed and not needed in construction should be disposed of in an approved spoils site so that it will not interfere with the functioning of the swale or contribute to siltation in other areas of the site. • All trees, brush, stumps, obstructions and other material should be removed and disposed of so as not to interfere with the proper functioning of the swale. • Swales should have a maximum depth of 1.5 feet with side slopes of 3:1 or flatter. Swales should have positive drainage for the entire length to an outlet. • When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope), stabilization is required. Stabilization should be crushed stone placed in a layer of at least 3 inches thick or may be high velocity erosion control matting. Check dams are also 2020 USACE Nationwide Permits Erosion Control BMPs recommended to reduce velocities in the swales possibly reducing the amount of stabilization necessary. • Minimum compaction for the swale should be 90% standard proctor density. Diversion Dikes A temporary diversion dike is a barrier created by the placement of an earthen embankment to reroute the flow of runoff to an erosion control device or away from an open, easily erodible area. A diversion dike intercepts runoff from small upland areas and diverts it away from exposed slopes to a stabilized outlet, such as a rock berm, sandbag berm, or stone outlet structure. These controls can be used on the perimeter of the site to prevent runoff from entering the construction area. Dikes are generally used for the duration of construction to intercept and reroute runoff from disturbed areas to prevent excessive erosion until permanent drainage features are installed and/or slopes are stabilized. Materials: • Stone stabilization (required for velocities in excess of 6 fps) should consist of riprap placed in a layer at least 3 inches thick and should extend a minimum height of 3 inches above the design water surface up the existing slope and the upstream face of the dike. • Geotextile fabric should be a non -woven polypropylene fabric designed specifically for use as a soil filtration media with an approximate weight of 6 oz./yd2, a Mullen burst rating of 140 psi, and having an equivalent opening size (EOS) greater than a #50 sieve. Installation: • Diversion dikes should be installed prior to, and maintained for the duration of, construction and should intercept no more than 10 acres of runoff. • Dikes should have a minimum top width of 2 feet and a minimum height of compacted fill of 18 inches measured form the top of the existing ground at the upslope toe to top of the dike and have side slopes of 3:1 or flatter. • The soil for the dike should be placed in lifts of 8 inches or less and be compacted to 95 % standard proctor density . • The channel, which is formed by the dike, must have positive drainage for its entire length to an outlet. • When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope), stabilization is required. In situations where velocities do not exceed 6 feet per second, vegetation may be used to control erosion. Erosion Control Compost Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The most common uses are on steep slopes, swales, diversion dikes, and on tidal or stream banks. Materials: ECC used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as an ECC, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal 4 2020 USACE Nationwide Permits Erosion Control BMPs Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and TCEQ Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. TCEQ testing requirements are defined in TAC Chapter 332, including Sections §332.71 (Sampling and Analysis Requirements for Final Products) and §332.72 (Final Product Grades). Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for ECC to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at httn://tmecc.orR/sta/STA moeram descrit)tion.html. Installation: • Install in accordance with current TxDOT specification. • Use on slopes 3:1 or flatter. • Apply a 2-inch uniform layer unless otherwise shown on the plans or as directed. • When rolling is specified, use a light corrugated drum roller. Mulch and Compost Filter Socks Description: Mulch and compost filter socks (erosion control logs) are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, mulch and compost filter socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch and compost filter socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The sock should remain in place until the area is permanently stabilized. Mulch and compost filter socks may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch and compost filter socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: Mulch and compost filter socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used for mulch and compost filter socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and TCEQ Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. TCEQ testing requirements are defined in TAC Chapter 5 2020 USACE Nationwide Permits Erosion Control BMPs 332, including Sections §332.71 (Sampling and Analysis Requirements for Final Products) and §332.72 (Final Product Grades). Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for mulch and compost filter socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (ST A) program contains information regarding compost ST A certification. STA program information can be found at httr)://tmecc.oriz/sta/STA nro2ram description.html. Installation: • Install in accordance with TxDOT Special Specification 5049. • Install socks (erosion control logs) near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. • Secure socks in a method adequate to prevent displacement as a result of normal rain events such that flow is not allowed under the socks. • Inspect and maintain the socks in good condition (including staking, anchoring, etc.). Maintain the integrity of the control, including keeping the socks free of accumulated silt, debris, etc., until the disturbed area has been adequately stabilized. SEDIMENT CONTROL BMPS Sand Bat Berm Description: The purpose of a sandbag berm is to detain sediment carried in runoff from disturbed areas by intercepting runoff and causing it to pool behind the sand bag berm. Sediment carried in the runoff is deposited on the upstream side of the sand bag berm due to the reduced flow velocity. Excess runoff volumes are allowed to flow over the top of the sand bag berm. Sand bag berms are used only during construction activities in streambeds when the contributing drainage area is between 5 and 10 acres and the slope is less than 15%, i.e., pipeline construction in channels, temporary channel crossing for construction equipment, etc. Plastic facing should be installed on the upstream side and the berm should be anchored to the streambed by drilling into the rock and driving in T-posts or rebar (#5 or #6) spaced appropriately. Materials: • The sand bag material should be polypropylene, polyethylene, polyamide or cotton burlap woven fabric, minimum unit weight 4 oz/yd 2, mullen burst strength exceeding 300 psi and ultraviolet stability exceeding 70%. • The bag length should be 24 to 30 inches, width should be 16 to 18 inches and thickness should be 6 to 8 inches. 0 2020 USACE Nationwide Permits Erosion Control BMPs • Sandbags should be filled with coarse grade sand and free from deleterious material. All sand should pass through a No. 10 sieve. The filled bag should have an approximate weight of 40 pounds. • Outlet pipe should be schedule 40 or stronger polyvinyl chloride (PVC) having a nominal internal diameter of 4 inches. Installation: • The berm should be a minimum height of 18 inches, measured from the top of the existing ground at the upslope toe to the top of the berm. • The berm should be sized as shown in the plans but should have a minimum width of 48 inches measured at the bottom of the berm and 16 inches measured at the top of the berm. • Runoff water should flow over the tops of the sandbags or through 4-inch diameter PVC pipes embedded below the top layer of bags. • When a sandbag is filled with material, the open end of the sandbag should be stapled or tied with nylon or poly cord. • Sandbags should be stacked in at least three rows abutting each other, and in staggered arrangement. • The base of the berm should have at least 3 sandbags. These can be reduced to 2 and 1 bag in the second and third_ rows respectively. • For each additional 6 inches of height, an additional sandbag must be added to each row width. • A bypass pump -around system, or similar alternative, should be used on conjunction with the berm for effective dewatering of the work area. Silt Fence Description: A silt fence is a barrier consisting of geotextile fabric supported by metal posts to prevent soil and sediment loss from a site. Silt fences can be highly effective at controlling sediment from disturbed areas by causing runoff to pond, allowing heavier solids to settle. The purpose of a silt fence is to intercept and detain water -borne sediment from unprotected areas of a limited extent. Silt fence is used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. This fence should remain in place until the disturbed area is permanently stabilized. Silt fence should not be used where there is a concentration of water in a channel or drainage way. If concentrated flow occurs after installation, corrective action must be taken such as placing a rock berm in the areas of concentrated flow. Silt fencing within the site may be temporarily moved during the day to allow construction activity provided it is replaced and properly anchored to the ground at the end of the day. Silt fences on the perimeter of the site or around drainage ways should not be moved at any time. Materials: • Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric. The fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst strength exceeding 190 lb/in 2, ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30. • Fence posts should be made of hot rolled steel, at least 4 feet long with Tee or Y-bar cross section, surface painted or galvanized, minimum nominal weight 1.25 lb/ft 2, and Brindell hardness exceeding 140. 7 2020 USACE Nationwide Permits Erosion Control BMPs • Woven wire backing to support the fabric should be galvanized 2-inch x 4-inch welded wire, 12 gauge minimum. Installation: • Steel posts, which support the silt fence, should be installed on a slight angle toward the anticipated runoff source. Post must be embedded a minimum of 1 foot deep and spaced not more than 8 feet on center. Where water concentrates, the maximum spacing should be 6 feet. • Lay out fencing down -slope of disturbed area, following the contour as closely as possible. The fence should be sited so that the maximum drainage area is * acre/100 feet of fence. • The toe of the silt fence should be trenched in with a spade or mechanical trencher so that the down -slope face of the trench is flat and perpendicular to the line of flow. Where fence cannot be trenched in, weight fabric flap with 3 inches of pea gravel on uphill side to prevent flow from seeping under fence. • The trench must be a minimum of 6 inches deep and 6 inches wide to allow for the silt fence fabric to be laid in the ground and backfilled with compacted material. • Silt fence should be securely fastened to each steel support post or to woven wire attached to the steel fence post. There should be a 3-foot overlap, securely fastened where ends of fabric meet. Triangular Sediment Filter Dike Description: The purpose of a triangular sediment filter dike is to intercept and detain water- borne sediment from unprotected areas of limited extent. The triangular sediment filter dike is used where there is no concentration of water in a channel or other drainage way above the barrier and the contributing drainage area is less than one acre. If the uphill slope above the dike exceeds 10%, the length of the slope above the dike should be less than 50 feet. If concentrated flow occurs after installation, corrective action should be taken such as placing rock berm in the areas of concentrated flow. This measure is effective on paved areas where installation of silt fence is not possible or where vehicle access must be maintained. The advantage of these controls is the ease with which they can be moved to allow vehicle traffic and then reinstalled to maintain sediment. Materials: • Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric. The fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, Mullen burst strength exceeding 190 lb/in 2 , ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30. • The dike structure should be 6 gauge 6-ing x 6-inch wire mesh folded into triangular form being eighteen (18) inches on each side. Installation: • The frame of the triangular sediment filter dike should be constructed of 6-inch x 6-inch, 6 gauge welded wire mesh, 18 inches per side, and wrapped with geotextile fabric the same composition as that used for silt fences. • Filter material should lap over ends 6 inches to cover dike to dike junction; each junction should be secured by shoat rings. 8 2020 USACE Nationwide Permits Erosion Control BMPs • Position dike parallel to the contours, with the end of each section closely abutting the adjacent sections. • There are several options for fastening the filter dike to the ground. The fabric skirt may be toed -in with 6 inches of compacted material, or 12 inches of the fabric skirt should extend uphill and be secured with a minimum of 3 inches of open graded rock, or with staples or nails. If these two options are not feasible the dike structure may be trenched in 4 inches. • Triangular sediment filter dikes should be installed across exposed slopes during construction with ends of the dike tied into existing grades to prevent failure and should intercept no more than one acre of runoff. • When moved to allow vehicular access, the dikes should be reinstalled as soon as possible, but always at the end of the workday. Rock Berm Description: The purpose of a rock berm is to serve as a check dam in areas of concentrated flow, to intercept sediment -laden runoff, detain the sediment and release the water in sheet flow. The rock berm should be used when the contributing drainage area is less than 5 acres. Rock berms are used in areas where the volume of runoff is too great for a silt fence to contain. They are less effective for sediment removal than silt fences, particularly for fine particles, but can withstand higher flows than a silt fence. As such, rock berms are often used in areas of channel flows. Rock berms are most effective at reducing bed load in channels and should not be substituted for other erosion and sediment control measures further up the watershed. Materials: • The berm structure should be secured with a woven wire sheathing having maximum opening of one inch and a minimum wire diameter of 20 gauge galvanized and should be secured with shoat rings. • Clean, open graded 3- to 5-inch diameter rock should be used, except in areas where high velocities or large volumes of flow are expected, where 5- to 8-inch diameter rocks may be used. Installation: • Lay out the woven wire sheathing perpendicular to the flow line. The sheathing should be 20 gauge woven wire mesh with 1 inch openings. • Berm should have a top width of 2 feet minimum with side slopes being 2:1 (H:V) or flatter. • Place the rock along the sheathing to a height not less than 18 inches. • Wrap the wire sheathing around the rock and secure with tie wire so that the ends of the sheathing overlap at least 2 inches, and the berm retains its shape when walked upon. • Berm should be built along the contour at zero percent grade or as near as possible. • The ends of the berm should be tied into existing upslope grade and the berm should be buried in a trench approximately 3 to 4 inches deep to prevent failure of the control. Hav Bale Dike Description: The purpose of a hay or straw bale dike is to intercept and detain small amounts of sediment -laden runoff from relatively small unprotected areas. Straw bales are to be used when it is not feasible to install other, more effective measures or when the construction phase is expected to last less than 3 months. Straw bales should not be used on areas where rock or other hard surfaces prevent the full and uniform anchoring of the barrier. 0 2020 USACE Nationwide Permits Erosion Control BMPs Materials: Straw: The best quality straw mulch comes from wheat, oats or barley and should be free of weed and grass seed which may not be desired vegetation for the area to be protected. Straw mulch is light and therefore must be properly anchored to the ground. Hay: This is very similar to straw with the exception that it is made of grasses and weeds and not grain stems. This form of mulch is very inexpensive and is widely available but does introduce weed and grass seed to the area. Like straw, hay is light and must be anchored. • Straw bales should weigh a minimum of 50 pounds and should be at least 30 inches long. • Bales should be composed entirely of vegetable matter and be free of seeds. • Binding should be either wire or nylon string, jute or cotton binding is unacceptable. Bales should be used for not more than two months before being replaced. Installation: • Bales should be embedded a minimum of 4 inches and securely anchored using 2-inch x 2-inch wood stakes or 3/8-inch diameter rebar driven through the bales into the ground a minimum of 6 inches. • Bales are to be placed directly adjacent to one another leaving no gap between them. • All bales should be placed on the contour. • The first stake in each bale should be angled toward the previously laid bale to force the bales together. Brush Berms Organic litter and spoil material from site clearing operations is usually burned or hauled away to be dumped elsewhere. Much of this material can be used effectively on the construction site. The key to constructing an efficient brush berm is in the method used to obtain and place the brush. It will not be acceptable to simply take a bulldozer and push whole trees into a pile as this does not assure continuous ground contact with the berm and will allow uncontrolled flows under the berm. Brush berms may be used where there is little or no concentration of water in a channel or other drainage way above the berm. The size of the drainage area should be no greater than one- fourth of an acre per 100 feet of barrier length; the maximum slope length behind the barrier should not exceed 100 feet; and the maximum slope gradient behind the barrier should be less than 50% (2:1). Materials: • The brush should consist of woody brush and branches, preferably less than 2 inches in diameter. • The filter fabric should conform to the specifications for filter fence fabric. • The rope should be 1/4 - inch polypropylene or nylon rope. • The anchors should be 3/8-inch diameter rebar stakes that are 18-inches long. Installation: • Lay out the brush berm following the contour as closely as possible. 10 2020 USACE Nationwide Permits Erosion Control BMPs • The juniper limbs should be cut and hand placed with the vegetated part of the limb in close contact with the ground. Each subsequent branch should overlap the previous branch providing a shingle effect. • The brush berm should be constructed in lifts with each layer extending the entire length of the berm before the next layer is started. • A trench should be excavated 6-inches wide and 4-inches deep along the length of the barrier and immediately uphill from the barrier. • The filter fabric should be cut into lengths sufficient to lay across the barrier from its up -slope base to just beyond its peak. The lengths of filter fabric should be draped across the width of the barrier with the uphill edge placed in the trench and the edges of adjacent pieces overlapping each other. Where joints are necessary, the fabric should be spliced together with a minimum 6- inch overlap and securely sealed. • The trench should be backfilled and the soil compacted over the filter fabric. • Set stakes into the ground along the downhill edge of the brush barrier, and anchor the fabric by tying rope from the fabric to the stakes. Drive the rope anchors into the ground at approximately a 45-degree angle to the ground on 6-foot centers. • Fasten the rope to the anchors and tighten berm securely to the ground with a minimum tension of 50 pounds. • The height of the brush berm should be a minimum of 24 inches after the securing ropes have been tightened. Stone Outlet Sediment Traps A stone outlet sediment trap is an impoundment created by the placement of an earthen and stone embankment to prevent soil and sediment loss from a site. The purpose of a sediment trap is to intercept sediment -laden runoff and trap the sediment in order to protect drainage ways, properties and rights of way below the sediment trap from sedimentation. A sediment trap is usually installed at points of discharge from disturbed areas. The drainage area for a sediment trap is recommended to be less than 5 acres. Larger areas should be treated using a sediment basin. A sediment trap differs from a sediment basin mainly in the type of discharge structure. The trap should be located to obtain the maximum storage benefit from the terrain, for ease of clean out and disposal of the trapped sediment and to minimize interference with construction activities. The volume of the trap should be at least 3600 cubic feet per acre of drainage area. Materials: • All aggregate should be at least 3 inches in diameter and should not exceed a volume of 0. 5 cubic foot. • The geotextile fabric specification should be woven polypropylene, polyethylene or polyamide geotextile, minimum unit weight of 4.5 oz/yd 2, mullen burst strength at least 2 50 lb/in 2, ultraviolet stability exceeding 70%, and equivalent opening size exceeding 40. Installation: • Earth Embankment: Place fill material in layers not more than 8 inches in loose depth. Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content of the material. Compact each layer to 95% standard proctor density. Do not place material on 11 2020 USACE Nationwide Permits Erosion Control BMPs surfaces that are muddy or frozen. Side slopes for the embankment are to be 3: 1. The minimum width of the embankment should be 3 feet. • A gap is to be left in the embankment in the location where the natural confluence of runoff crosses the embankment line. The gap is to have a width in feet equal to 6 times the drainage area in acres. • Geotextile Covered Rock Core: A core of filter stone having a minimum height of 1.5 feet and a minimum width at the base of 3 feet should be placed across the opening of the earth embankment and should be covered by geotextile fabric which should extend a minimum distance of 2 feet in either direction from the base of the filter stone core. • Filter Stone Embankment: Filter stone should be placed over the geotextile and is to have a side slope which matches that of the earth embankment of 3:1 and should cover the geotextile/rock core a minimum of 6 inches when installation is complete. The crest of the outlet should be at least 1 foot below the top of the embankment. Sediment Basins: The purpose of a sediment basin is to intercept sediment -laden runoff and trap the sediment to protect drainage ways, properties and rights of way below the sediment basin from sedimentation. A sediment basin is usually installed at points of discharge from disturbed areas. The drainage area for a sediment basin is recommended to be less than 100 acres. Sediment basins. are effective for capturing and slowly releasing the runoff from larger disturbed areas thereby allowing sedimentation to take place. A sediment basin can be created where a permanent pond BMP is being constructed. Guidelines for construction of the permanent BMP should be followed, but revegetation, placement of underdrain piping, and installation of sand or other filter media should not be carried out until the site construction phase is complete. Materials: • Riser should be corrugated metal or reinforced concrete pipe or box and should have watertight fittings or end to end connections of sections. • An outlet pipe of corrugated metal or reinforced concrete should be attached to the riser and should have positive flow to a stabilized outlet on the downstream side of the embankment. • An anti -vortex device and rubbish screen should be attached to the top of the riser and should be made of polyvinyl chloride or corrugated metal. Basin Design and Construction: • For common drainage locations that serve an area with ten or more acres disturbed at one time, a sediment basin should provide storage for a volume of runoff from a two-year, 24-hour storm from each disturbed acre drained. • The basin length to width ratio should be at least 2:1 to improve trapping efficiency. The shape may be attained by excavation or the use of baffles. The lengths should be measured at the elevation of the riser de -watering hole. • Place fill material in layers not more than 8 inches in loose depth. Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content of the material. Compact each layer to 95% standard proctor density. Do not place material on surfaces that are muddy or frozen. Side slopes for the embankment should be 3:1 (H:V). 12 2020 USACE Nationwide Permits Erosion Control BMPs • An emergency spillway should be installed adjacent to the embankment on undisturbed soil and should be sized to carry the full amount of flow generated by a 10-year, 3-hour storm with 1 foot of freeboard less the amount which can be carried by the principal outlet control device. • The emergency spillway should be lined with riprap as should the swale leading from the spillway to the normal watercourse at the base of the embankment. • The principal outlet control device should consist of a rigid vertically oriented pipe or box of corrugated metal or reinforced concrete. Attached to this structure should be a horizontal pipe, which should extend through the embankment to the toe of fill to provide a de -watering outlet for the basin. • An anti -vortex device should be attached to the inlet portion of the principal outlet control device to serve as a rubbish screen. • A concrete base should be used to anchor the principal outlet control device and should be sized to provide a safety factor of 1.5 (downward forces= 1.5 buoyant forces). • The basin should include a permanent stake to indicate the sediment level in the pool and marked to indicate when the sediment occupies 50% of the basin volume (not the top of the stake). • The top of the riser pipe should remain open and be guarded with a trash rack and anti -vortex device. The top of the riser should be 12 inches below the elevation of the emergency spillway. The riser should be sized to convey the runoff from the 2-year, 3-hour storm when the water surface is at the emergency spillway elevation. For basins with no spillway the riser must be sized to convey the runoff from the 10-yr, 3-hour storm. • Anti -seep collars should be included when soil conditions or length of service make piping through the backfill a possibility. • The 48-hour drawdown time will be achieved by using a riser pipe perforated at the point measured from the bottom of the riser pipe equal to 1/2 the volume of the basin. This is the maximum sediment storage elevation. The size of the perforation may be calculated as follows: Ao = As x 2h Cd x 980,000 Where: As = Area of the de -watering hole, ft 2 Ao = Surface area of the basin, ft 2 Cd = Coefficient of contraction, approximately 0.6 h = head of water above the hole, ft Perforating the riser with nultiple holes in a combined surface area equal to Ao is acceptable. 13 2020 USACE Nationwide Permits Erosion Control BMPs Erosion Control Compost Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The most common uses are on steep slopes, swales, diversion dikes, and on tidal or stream banks. Materials: ECC used for projects not related to TxDOT should be of quality materials by meeting performance standards and compost specification data. Products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and TCEQ Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. TCEQ testing requirements are defined in TAC Chapter 332, including Sections §332.71 (Sampling and Analysis Requirements for Final Products) and §332.72 (Final Product Grades). Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for ECC to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at httD://tmecc.ora/sta/STA program description.html. Installation: • Install in accordance with current TxDOT specification. • Use on slopes 3:1 or flatter. • Apply a 2-inch uniform layer unless otherwise shown on the plans or as directed. • When rolling is specified, use a light corrugated drum roller. Mulch and Compost Filter Socks Description: Mulch and compost filter socks (erosion control logs) are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, mulch and compost filter socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch and compost filter socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The sock should remain in place until the area is permanently stabilized. Mulch and compost filter socks may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch and compost filter socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. 14 2020 USACE Nationwide Permits Erosion Control BMPs Materials: Mulch and compost filter socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used for mulch and compost filter socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and TCEQ Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. TCEQ testing requirements are defined in TAC Chapter 332, including Sections §332.71 (Sampling and Analysis Requirements for Final Products) and §332.72 (Final Product Grades). Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for mulch and compost filter socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (ST A) program contains information regarding compost STA certification. STA program information can be found at httr)://tmecc.oriz/sta/STA moeram descrintion.html. Installation: • Install socks (erosion control logs) near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. • Secure socks in a method adequate to prevent displacement as a result of normal rain events such that flow is not allowed under the socks. • Inspect and maintain the socks in good condition (including staking, anchoring, etc.). Maintain the integrity of the control, including keeping the socks free of accumulated silt, debris, etc., until the disturbed area has been adequately stabilized. POST -CONSTRUCTION TSS CONTROLS Retention/Irrigation Svstems Description: Retention/irrigation systems refer to the capture of runoff in a holding pond, then use of the captured water for irrigation of appropriate landscape areas. Retention/irrigation systems are characterized by the capture and disposal of runoff without direct release of captured flow to receiving streams. Retention systems exhibit excellent pollutant removal but require regular, proper maintenance. Design Considerations: Retention/irrigation practices achieve 100% removal efficiency of total suspended solids contained within the volume of water captured. Design elements of 15 2020 USACE Nationwide Permits Erosion Control BMPs retention/irrigation systems include runoff storage facility configuration and sizing, pump and wet well system components, basin lining, basin detention time, and physical and operational components of the irrigation system. Retention/irrigation systems are appropriate for large drainage areas with low to moderate slopes. The retention capacity should be sufficient considering the average rainfall event for the area. Maintenance Requirements: Maintenance requirements for retention/irrigation systems include routine inspections, sediment removal, mowing, debris and litter removal, erosion control, and nuisance control. Extended Detention Basin Description: Extended detention facilities are basins that temporarily store a portion of stormwater runoff following a storm event. Extended detention basins are normally used to remove particulate pollutants and to reduce maximum runoff rates associated with development to their pre -development levels. The water quality benefits are the removal of sediment and buoyant materials. Furthermore, nutrients, heavy metals, toxic materials, and oxygen -demanding materials associated with the particles also are removed. The control of the maximum runoff rates serves to protect drainage channels below the device from erosion and to reduce downstream flooding. Design Considerations: Extended detention basins can remove approximately 75% of the total suspended solids contained within the volume of runoff captured in the basin. Design elements of extended detention basins include basin sizing, basin configuration, basin side slopes, basin lining, inlet/outlet structures, and erosion controls. Extended detention basins are appropriate for large drainage areas with low to moderate slopes. The retention capacity should be sufficient considering the average rainfall event for the area. Maintenance Requirements: Maintenance requirements for extended detention basins include routine inspections, mowing, debris and litter removal, erosion control, structural repairs, nuisance control, and sediment removal. Vegetative Filter Strips Description: Filter strips, also known as vegetated buffer strips, are vegetated sections of land similar to grassy swales except they are essentially flat with low slopes, and are designed only to accept runoff as overland sheet flow. They may appear in any vegetated form from grassland to forest, and are designed to intercept upstream flow, lower flow velocity, and spread water out as sheet flow. The dense vegetative cover facilitates conventional pollutant removal through detention, filtration by vegetation, and infiltration. Filter strips cannot treat high velocity flows, and do not provide enough storage or infiltration to effectively reduce peak discharges to predevelopment levels for design storms. This lack of quantity control favors use in rural or low - density development; however, they can provide water quality benefits even where the impervious cover is as high as 50%. Flat slopes and low to fair permeability of natural subsoil are required for effective performance of filter strips. Although an inexpensive control measure, they are most useful in contributing watershed areas where peak runoff velocities are low as they are unable to treat the high flow 16 2020 USACE Nationwide Permits Erosion Control BMPs velocities typically associated with high impervious cover. Successful performance of filter strips relies heavily on maintaining shallow unconcentrated flow. To avoid flow channelization and maintain performance, a filter strip should: • Be equipped with a level spreading device for even distribution of runoff • Contain dense vegetation with a mix of erosion resistant, soil binding species • Be graded to a uniform, even and relatively low slope • Laterally traverse the contributing runoff area Filter strips can be used upgradient from watercourses, wetlands, or other water bodies along toes and tops of slopes and at outlets of other stormwater management structures. They should be incorporated into street drainage and master drainage planning. The most important criteria for selection and use of this BMP are soils, space, and slope. Design Considerations: Vegetative filter strips can remove approximately 85% of the total suspended solids contained within the volume of runoff captured. Design elements of vegetative filter strips include uniform, shallow overland flow across the entire filter strip area, hydraulic loading rate, inlet structures, slope, and vegetative cover. The area should be free of gullies or rills which can concentrate flow. Vegetative filter strips are appropriate for small drainage areas with moderate slopes. Other design elements include the following: • Soils and moisture are adequate to grow relatively dense vegetative stands • Sufficient space is available • Slope is less than 12% • Comparable performance to more expensive structural controls Maintenance Requirements: Maintenance requirements for vegetative filter strips include pest management, seasonal mowing and lawn care, routine inspections, debris and litter removal, sediment removal, and grass reseeding and mulching. Constructed Wetlands Description: Constructed wetlands provide physical, chemical, and biological water quality treatment of stormwater runoff. Physical treatment occurs as a result of decreasing flow velocities in the wetland, and is present in the form of evaporation, sedimentation, adsorption, and/or filtration. Chemical processes include chelation, precipitation, and chemical adsorption. Biological processes include decomposition, plant uptake and removal of nutrients, plus biological transformation and degradation. Hydrology is one of the most influential factors in pollutant removal due to its effects on sedimentation, aeration, biological transformation, and adsorption onto bottom sediments. The wetland should be designed such that a minimum amount of maintenance is required. The natural surroundings, including such things as the potential energy of a stream or flooding river, should be utilized as much as possible. The wetland should approximate a natural situation and unnatural attributes, such as rectangular shape or rigid channel, should be avoided. Site considerations should include the water table depth, soil/substrate, and space requirements. Because the wetland must have a source of flow, it is desirable that the water table is at or near the surface. If runoff is the only source of inflow for the wetland, the water level often fluctuates and establishment of vegetation may be difficult. The soil or substrate of an artificial wetland 17 2020 USACE Nationwide Permits Erosion Control BMPs should be loose loam to clay. A perennial baseflow must be present to sustain the artificial wetland. The presence of organic material is often helpful in increasing pollutant removal and retention. A greater amount of space is required for a wetland system than is required for a detention facility treating the same amount of area. Design Considerations: Constructed wetlands can remove over 90% of the total suspended solids contained within the volume of runoff captured in the wetland. Design elements of constructed wetlands include wetland sizing, wetland configuration, sediment forebay, vegetation, outflow structure, depth of inundation during storm events, depth of micropools, and aeration. Constructed wetlands are appropriate for large drainage areas with low to moderate slopes. Maintenance Requirements: Maintenance requirements for constructed wetlands include mowing, routine inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment removal, harvesting, and maintenance of water levels. Wet Basins Description: Wet basins are runoff control facilities that maintain a permanent wet pool and a standing crop of emergent littoral vegetation. These facilities may vary in appearance from natural ponds to enlarged, bermed (manmade) sections of drainage systems and may function as online or offline facilities, although offline configuration is preferable. Offline designs can prevent scour and other damage to the wet pond and minimize costly outflow structure elements needed to accommodate extreme runoff events. During storm events, runoff inflows displace part or all of the existing basin volume and are retained and treated in the facility until the next storm event. The pollutant removal mechanisms are settling of solids, wetland plant uptake, and microbial degradation. When the wet basin is adequately sized, pollutant removal performance can be excellent, especially for the dissolved fraction. Wet basins also help provide erosion protection for the receiving channel by limiting peak flows during larger storm events. Wet basins are often perceived as a positive aesthetic element in a community and off er significant opportunity for creative pond configuration and landscape design. Participation of an experienced wetland designer is suggested. A significant potential drawback for wet ponds in and climates is that the contributing watershed for these facilities is often incapable of providing an adequate water supply to maintain the permanent pool, especially during the summer months. Makeup water (i.e., well water or municipal drinking water) is sometimes used to supplement the rainfall/runoff process, especially for wet basin facilities treating watersheds that generate insufficient runoff. Design Considerations: Wet basins can remove over 90% of the total suspended solids contained within the volume of runoff captured in the basin. Design elements of wet basins include basin sizing, basin configuration, basin side slopes, sediment forebay, inflow and outflow structures, vegetation, depth of permanent pool, aeration, and erosion control. Wet basins are appropriate for large drainage areas with low to moderate slopes. Maintenance Requirements: Maintenance requirements for wet basins include mowing, routine inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment removal, and harvesting. 18 2020 USACE Nationwide Permits Erosion Control BMPs Grassv Swales Grassy swales are vegetated channels that convey stormwater and remove pollutants by filtration through grass and infiltration through soil. They require shallow slopes and soils that drain well. Pollutant removal capability is related to channel dimensions, longitudinal slope, and type of vegetation. Optimum design of these components will increase contact time of runoff through the Swale and improve pollutant removal rates. Grassy swales are primarily stormwater conveyance systems. They can provide sufficient control under light to moderate runoff conditions, but their ability to control large storms is limited. Therefore, they are most applicable in low to moderate sloped areas or along highway medians as an alternative to ditches and curb and gutter drainage. Their performance diminishes sharply in highly urbanized settings, and they are generally not effective enough to receive construction stage runoff where high sediment loads can overwhelm the system. Grassy swales can be used as a pretreatment measure for other downstream BMPs, such as extended detention basins. Enhanced grassy swales use check dams and wide depressions to increase runoff storage and promote greater settling of pollutants. Grassy swales can be more aesthetically pleasing than concrete or rock -lined drainage systems and are generally less expensive to construct and maintain. Swales can slightly reduce impervious area and reduce the pollutant accumulation and delivery associated with curbs and gutters. The disadvantages of this technique include the possibility of erosion and channelization over time, and the need for more right-of-way as compared to a storm drain system. When properly constructed, inspected, and maintained, the life expectancy of a swale is estimated to be 20 years. Design Considerations: • Comparable performance to wet basins • Limited to treating a few acres • Availability of water during dry periods to maintain vegetation • Sufficient available land area The suitability of a swale at a site will depend on land use, size of the area serviced, soil type, slope, imperviousness of the contributing watershed, and dimensions and slope of the swale system. In general, swales can be used to serve areas of less than 10 acres, with slopes no greater than 5 %. The seasonal high water table should be at least 4 feet below the surface. Use of natural topographic lows is encouraged, and natural drainage courses should be regarded as significant local resources to be kept in use. Maintenance Requirements: Research in the Austin area indicates that vegetated controls are effective at removing pollutants even when dormant. Therefore, irrigation is not required to maintain growth during dry periods, but may be necessary only to prevent the vegetation from dying. Vegetation Lined Drainage Ditches Vegetation lined drainage ditches are similar to grassy swales. These drainage ditches are vegetated channels that convey storm water and remove pollutants by filtration through grass and infiltration through soil. They require soils that drain well. Pollutant removal capability is related to channel dimensions, longitudinal slope, and type of vegetation. Optimum design of these components will increase contact time of runoff through the ditch and improve pollutant 19 2020 USACE Nationwide Permits Erosion Control BMPs removal rates. Vegetation lined drainage ditches are primarily storm water conveyance systems. They have vegetation lined in the low flow channel and may include vegetated shelves. Vegetation in drainage ditches reduces erosion and removes pollutants by lowering water velocity over the soil surface, binding soil particles with roots, and by filtration through grass and infiltration through soil. Vegetation lined drainage ditches can be used where: • A vegetative lining can provide sufficient stability for the channel grade by increasing maximum permissible velocity • Slopes are generally less than 5%, with protection from sheer stress as needed through the use of BMPs, such as erosion control blankets • Site conditions required to establish vegetation, i.e. climate, soils, topography, are present Design Criteria: The suitability of a vegetation lined drainage ditch at a site will depend on land use, size of the area serviced, soil type, slope, imperviousness of the contributing watershed, and dimensions and slope of the ditch system. The hydraulic capacity of the drainage ditch and other elements such as erosion, siltation, and pollutant removal capability, must be taken into consideration. Use of natural topographic lows is encouraged, and natural drainage courses should be regarded as significant local resources to be kept in use. Other items to consider include the following: • Capacity, cross-section shape, side slopes, and grade • Select appropriate native vegetation • Construct in stable, low areas to conform with the natural drainage system. To reduce erosion potential, design the channel to avoid sharp bends and steep grades. • Design and build drainage ditches with appropriate scour and erosion protection. Surface water should be able to enter over the vegetated banks without erosion occurring. • BMPs, such as erosion control blankets, may need to be installed at the time of seeding to provide stability until the vegetation is fully established. It may also be necessary to divert water from the channel until vegetation is established or to line the channel with sod. • Vegetated ditches must not be subject to sedimentation from disturbed areas. • Sediment traps may be needed at channel inlets to prevent entry of muddy runoff and channel sedimentation. • Availability of water during dry periods to maintain vegetation • Sufficient available land area Maintenance: During establishment, vegetation lined drainage ditches should be inspected, repaired, and vegetation reestablished if necessary. After the vegetation has become established, the ditch should be checked periodically to determine if the channel is withstanding flow velocities without damage. Check the ditch for debris, scour, or erosion and immediately make repairs if needed. Check the channel outlet and all road crossings for bank stability and evidence of piping or scour holes and make repairs immediately. Remove all significant sediment accumulations to maintain the designed carrying capacity. Keep the vegetation in a healthy condition at all times, since it is the primary erosion protection for the channel. Vegetation lined drainage ditches should be seasonally maintained by mowing or irrigating, depending on the vegetation selected. The long-term management of ditches as stable, vegetated, "natural" drainage systems with native vegetation buffers is highly recommended due to the inherent stability offered by grasses, shrubs, trees, and other vegetation. 20 2020 USACE Nationwide Permits Erosion Control BMPs Sand Filter Svstems The objective of sand filters is to remove sediment and the pollutants from the first flush of pavement and impervious area runoff. The filtration of nutrients, organics, and coliform bacteria is enhanced by a mat of bacterial slime that develops during normal operations. One of the main advantages of sand filters is their adaptability; they can be used on areas with thin soils, high evaporation rates, low -soil infiltration rates, in limited -space areas, and where groundwater is to be protected. There have been numerous alterations or variations in the original design as engineers in other jurisdictions have improved and adapted the technology to meet their specific requirements. Major types include the Austin Sand Filter, the District of Columbia Underground Sand Filter, the Alexandria Dry Vault Sand Filter, the Delaware Sand Filter, and peat -sand filters which are adapted to provide a sorption layer and vegetative cover to various sand filter designs. Design Considerations: • Appropriate for space -limited areas • Applicable in and climates where wet basins and constructed wetlands are not appropriate • High TSS removal efficiency Cost Considerations: Filtration Systems may require less land than some other BMPs, reducing the land acquisition cost; however the structure itself is one of the more expensive BMPs. In addition, maintenance cost can be substantial. Erosion Control Compost Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The most common uses are on steep slopes, swales, diversion dikes, and on tidal or stream banks. Materials: ECC used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as an ECC, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and TCEQ Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. TCEQ testing requirements are defined in TAC Chapter 332, including Sections §332.71 (Sampling and Analysis Requirements for Final Products) and §332.72 (Final Product Grades). Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for ECC to ensure that the products used will not impact public health, 21 2020 USACE Nationwide Permits Erosion Control BMPs safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost ST A certification. STA program information can be found at httD://tmecc.ora/sta/STA program description.html. Installation: • Install in accordance with current TxDOT specification. • Use on slopes 3:1 or flatter. • Apply a 2-inch uniform layer unless otherwise shown on the plans or as directed. • When rolling is specified, use a light corrugated drum roller. Mulch and Compost Filter Socks Description: Mulch and compost filter socks (erosion control logs) are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, mulch and compost filter socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch and compost filter socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The sock should remain in place until the area is permanently stabilized. Mulch and compost filter socks may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch and compost filter socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: Mulch and compost filter socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used for mulch and compost filter socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and TCEQ Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. TCEQ testing requirements are defined in TAC Chapter 332, including §332.71 (Sampling and Analysis Requirements for Final Products) and §332.72 (Final Product Grades). Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product.es specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for mulch and compost filter socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program 22 2020 USACE Nationwide Permits Erosion Control BMPs contains information regarding compost STA certification. STA program information can be found at httD://tmecc.or2/sta/STA program description.html. Installation: • Install in accordance with TxDOT Special Specification 5049. • Install socks (erosion control logs) near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. • Secure socks in a method adequate to prevent displacement as a result of normal rain events such that flow is not allowed under the socks. • Inspect and maintain the socks in good condition (including staking, anchoring, etc.). Maintain the integrity of the control, including keeping the socks free of accumulated silt, debris, etc., until the disturbed area has been adequately stabilized. Sedimentation Chambers (only to be used when there is no space available for other approved BMP's) Description: Sedimentation chambers are stormwater treatment structures that can be used when space is limited such as urban settings. These structures are often tied into stormwater drainage systems for treatment of stormwater prior to entering state waters. The water quality benefits are the removal of sediment and buoyant materials. These structures are not designed as a catch basin or detention basin and not typically used for floodwater attenuation. Design Considerations: Average rainfall and surface area should be considered when following manufacturer's recommendations for chamber sizing and/or number of units needed to achieve effective TSS removal. If properly sized, 50-80% removal of TSS can be expected. Maintenance Requirements: Maintenance requirements include routine inspections, sediment, debris and litter removal, erosion control and nuisance control. 23 J�\tin STATES UNITED STATES ENVIRONMENTAL PROTECTION AGENCY • REGION 6 < yz 1201 ELM STREET, SUITE 500 a Q DALLAS, TEXAS 75270 a 2TAC PRO��G December 14, 2020 Joe McMahan Chief, Regulatory Division Galveston District, U.S. Army Corps of Engineers 2000 Fort Point Road Galveston, TX 77550 RE: Clean Water Act Section 401 Water Quality Certification for the 2020 U.S. Army Corps of Engineers Section 404 Nationwide Permits Reissuance, on behalf of Indian tribes that have not received Treatment in a Similar Manner as a State for Section 401 in EPA Region 6. Dear Mr. McMahan: This water quality certification (WQC) applies to any potential point source discharges from potential projects authorized under the proposed reissuance of the following U.S. Corps of Engineers (Corps) Nationwide Permits (NWPs) into waters of the United States that occur within tribal boundaries within the State of Texas: NWP 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 27, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, C, D and E. The Corps is not requesting certification for 11 NWPs: 1, 2, 8, 9, 10, 11, 24, 28, 35, A, and B. Section 401(a)(1) of the Clean Water Act (CWA) requires applicants for Federal permits and licenses that may result in discharges into waters of the United States to obtain certification that potential discharges will comply with applicable provisions of the CWA, including Sections 301, 302, 303, 306 and 307. Where no state agency or tribe has authority to give such certification, the U.S. Environmental Protection Agency (EPA) is the certifying authority. In this case, Ysleta del Sur Pueblo, Alabama -Coushatta Tribe of Texas, and Kickapoo Traditional Tribe of Texas do not have the authority to provide CWA Section 401 certification for discharges occurring within the boundaries of the aforementioned tribal lands, therefore, EPA Region 6 is making the certification decisions for discharges that may result from the potential projects authorized under the proposed Corps CWA 404 NWPs. This letter is being directed to Galveston District, which is the lead regulatory program for NWP reissuance in Texas; the Albuquerque, Fort Worth, Galveston, and Tulsa Districts are also represented. Consistent with the EPA Policy on Consultation and Coordination with Indian Tribes, EPA Region 6 circulated a letter dated September 18, 2020 offering to consult with tribes on the certification process and invite their participation. Reissuance of NWPs Description The Corps is proposing to re -issue its existing NWPs and associated general conditions and definitions, with some modifications. The Corps states that it is "proposing these modifications to simplify and clarify the NWPs, reduce burdens on the regulated public, and continue to comply with the statutory requirement that these NWPs authorize only activities with no more than minimal individual and cumulative adverse environmental effects." 85 FR 57298. For more details: httos://www.usace. armv.millMissions/Civil-WorksIReaulatorv-Pro Aram-and-Permits/Nationwide- Permits/. General Information The general information provided in this section does not constitute a certification condition(s). Project proponents for potential projects authorized under the NWPs are responsible for obtaining all other permits, licenses, and certifications that may be required by federal, state, or tribal authorities. Project proponents for potential projects authorized under the NWPs should conduct all work in such a manner as to comply with all Corps Section 404 permit conditions. Copies of the Corps permit including this certification should be kept on the job site and readily available to the public for reference. Project proponents for potential projects authorized under the NWPs should retain this certification in their files with the applicable NWPs as documentation of EPA's certification decisions for the above - referenced proposed NWPs. This certification is specifically associated with the proposed NWPs described above and expires when those NWPs expire, five years from Corps issuance date. During project planning, EPA highly recommends the project proponent notify the appropriate tribal environmental office of the project details and location. Certification Determination Grant (121.7(c)): On behalf of Ysleta del Sur Pueblo, Alabama -Coushatta Tribe of Texas, and Kickapoo Traditional Tribe of Texas, CWA Section 401 certification, for the following proposed NWPs, is granted with no conditions. EPA Region 6 has determined that any discharge that could be authorized under the following proposed NWPs will comply with water quality requirements, as defined at 40 CFR 121.1(n). NWP 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 27, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, C, D, and E Thank you for your ongoing partnership in implementing the regulatory programs of the CWA. Should your office have any questions, please feel free to contact our staff. 1) Paul Kaspar at 214-665-7459, Kaspar.Paul(&epa.2ov; 2) Daniel Landeros at 214-665-8077, Landeros.Danielaepa.2ov. Sincerely, Charles W. Maguire Director Water Division