HomeMy WebLinkAboutResolution - 2001-R0164 - Contract Bid For Chapel Hill Paving Project - Lone Star Dirt & Paving - 04/26/2001Resolution No. 2001-RO164
April 26, 2001
Item No. 41
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract per Bid #079-
01/LR for the Chapel Hill paving project, by and between the City of Lubbock and
Lone Star Dirt & Paving of Lubbock, Texas, and related documents. Said Contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 26th
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilm n, Purchasing Manager
APPROVED AS TO FORM:
h��L� "L, /V" -
William de Haas
Contract Manager/Attorney
gs/ccdocs/Contract-Lone Star Dirt & Paving.res
April 11, 2001
day of April , 2001.
ALEX "TY" COOKE, MAYOR PRO TEM
I I
CITY OF LUBBOCK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIFICATIONS FOR
-,7
CHAPEL HILL PAVING PROJECT
BID #079-01/LR
"I'll I'll, A
REST RATING -
LICENSED I TEXAS
I BY
CITY OF LUBBOCK
Lubbock, Texas
CITY OF LUBBOCK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIFICATIONS
FOR
TITLE: CHAPEL HILL PAVING PROJECT
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 079-01/LR
PROJECT NUMBER: 4541.503.9259
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
A"
APO
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL - BID FOR UNIT COST CONTRACTS
4. PAYMENT BOND
5. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. HUD CERTIFICATIONS
8. CONTRACT
9. GENERAL CONDITIONS OF THE AGREEMENT
10. SPECIAL CONDITIONS OF THE AGREEMENT
11. EXHIBITS
A. COPELAND ANTI -KICKBACK REGULATIONS
12. CURRENT WAGE RATE DETERMINATIONS
13. SPECIFICATIONS
No Text
NOTICE TO BIDDERS
BID #079-01/LR
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the
office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00
o'clock p.m. on the 5th day of April, 2001, or as changed by the issuance of formal addenda to all planholders, to
furnish all labor and materials and perform all work for the construction of the following described project:
"CHAPEL HILL PAVING PROJECT"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in
the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
Bids are due at 2:00 o'clock p.m. on the 5th day of April, 2001, and the City of Lubbock City Council will
f** consider the bids on the 26th day of April, 2001, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon
thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The
successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in
the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful
bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of
100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be
issued by a company carrying a current Best Rating of B or su erior.
•� Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a
guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after
notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local
conditions under which the work is to be done. It shall be understood and agreed that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre-bid
conference on 27th day of March, 2001 at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock,
Texas.
Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13'h Street, Lubbock,
Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00
refundable charge per set. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight
or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the
service to be used and the bidder's account number.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included
in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is
specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a,
Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the
contractor of the prevailing rates of wages as heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in
consideration for an award.
-continued-
la
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and
Olt* bid openings are available to all persons regardless of disability. If you would like bid information made available in a
more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806)
w 775-2281 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
1tt,
VICTOR KILMAN
PURCHASING MANAGER
Bid documents may be examined at no charge in the Purchasing Department at 162513th Street,
Room L-04, Lubbock, Texas 79401; and may be obtained by telephone (806) 775-2167/Fax (806) 775-2164.
A-10 2
GENERAL INSTRUCTIONS TO BIDDERS
r
1 BID DELIVERY. TIME & DATE
GENERAL INSTRUCTIONS TO BIDDERS
a .. 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CHAPEL HILL PAVING
PROJECT per the attached specifications and contract documents. Sealed bids will be received no later
than 2:00 p.m. CST, the 5th day of April, 2001 at the office listed below. Any bid received after the date
and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting
documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner:
"ITB #079-011LR, CHAPEL HILL PAVING PROJECT" and the bid opening date and time. Bidders must
also include their company name and address on the outside of the envelope or container. Bids must be
addressed to:
Victor Kilman, Purchasing Manager
City of Lubbock
1625 13th Street, Room L-04
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a
bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand
deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
2 PRE-BID MEETING
2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda
as needed for the clarification of the Invitation to Bid (ITB) documents, a non-mandatorypre-bid meeting
will be held at 10:00 a.m.. March 27th. 2001 in Purchasing Conference Room L04, Lubbock. Texas. All
- persons attending the meeting will be asked to identify themselves and the prospective bidder they
represent.
2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The
City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do
not attend the pre-bid meeting.
3 ADDENDA & MODIFICATIONS
3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda.
3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the
event the Purchasing Department deems the interpretation to be substantive, the interpretation will be
made by written addendum issued by the Purchasing Department. Such addendum issued by the
„ Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will
become part of the bid package having the same binding effect as provisions of the original bid. NO
VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for
interpretation considered, the request must be submitted in writing and must be received by the City of
�-� Lubbock Purchasing Department no later than five (5) days before the bid closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock
shall not be legally bound by any amendment or interpretation that is not in writing. Only information
supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in
preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with
any individuals, employees, or representatives of the City and any information that may have been read in
any news media or seen or heard in any communication facility regarding this bid should be disregarded in
preparing responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
` 1
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these specifications.
4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents,
shall be given to the Purchasing Manager and a clarification obtained before the bids are received,
and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it
shall be deemed that the bidder fully understands the work to be included and has provided
sufficient sums in its bid to complete the work in accordance with these plans and specifications.
If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions,
then it shall be deemed for all purposes that the plans and specifications are sufficient and
adequate for completion of the project. It is further agreed that any request for clarification must
be submitted no later than five (5) calendar days prior to the opening of bids.
5 BID PREPARATION COSTS
5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the
preparation and submission of a bid.
5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or
equipment.
5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder.
6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT
6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision,
including trade secrets and commercial or financial information, clearly identify those portions.
6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to
release such information initially, but please note that the final determination of whether a particular
portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from
public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the
event a public information request is received for a portion of your bid that you have marked as being
confidential information, you will be notified of such request and you will be required to justify your legal
position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In
the event that it is determined by opinion or order of the Texas Attorney General or a court of competent
jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the
Government Code and Section 252.049 of the Local Government Code, then such information will be
made available to the requester.
6.3 Marking your entire bid CON FIDENTIAUPROPRIETARY is not in conformance with the Texas Open
Records Act.
7 LICENSES, PERMITS, TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may
be required to pay.
8 CONFLICT OF INTEREST
8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with
any employee, official or agent of the City of Lubbock.
8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special
treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other
exercise of discretion concerning this bid.
2
Ma
P"
9 CONTRACT DOCUMENTS
9.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for
the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
10 PLANS FOR USE BY BIDDERS
,., It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
r
11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the
bidder's responsibility to advise the Purchasing_ Manager if any language requirements etc or any
Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing
Office no later than five (5) calendar days before the bid closing date. A review of such notifications will
be made.
11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR
ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB)
MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE
BID CLOSING DATE AND ADDRESSED TO:
LAURA RITCHIE, SENIOR BUYER
City of Lubbock
1625 13" Street
Lubbock, Texas 79401
Fax: (806) 775-2164
Email: LRitchie@mail.ci.lubbock.tx.us
12 TIME AND ORDER FOR COMPLETION
12.1 The construction covered by the contract documents shall be fully completed within SIXTY (60)
WORKING DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the
successful bidder.
12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the work
contemplated by the contract documents. In the event the City requires a progress schedule to be
submitted, and it is determined by the City that the progress of the work is not in accordance with the
progress schedule so submitted, the City may direct the Contractor to take such action as the City deems
necessary to ensure completion of the project within the time specified.
13 PAYMENT
All payments due to Contractor shalt be made in accordance with the provisions of the General Conditions of the
contract documents.
14 AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute
an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements
contemplated by the contract documents have been paid in full and that there are no claims pending, of which the
Contractor has been notified.
15 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
3
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a representative of the City on the site will not relieve
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to
procure a satisfactory project.
16 GUARANTEES
16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner,
a written general guarantee which shall provide that the Contractor shall remedy any defects in the work,
and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects
appear within ONE year from date of final acceptance of the work as a result of defective materials or
workmanship, at no cost to the Owner (City of Lubbock).
16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination, as
the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be
recognized and accommodated and will not, in any way, result in hardware, software or firmware failure.
The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the _
procedures it intends to follow in order to comply with all the obligations contained herein.
16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
16.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or
any document incorporated in this Contract by reference.
17 PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use f
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
18 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
19 TEXAS STATE SALES TAX
19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
4
20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve
the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by
Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by
Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense.
21 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of
barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
22 EXPLOSIVES
22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the
Contractor from the City. In all cases where written permission is obtained for the use of explosives, the
Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of
the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use
utmost care so as not to endanger life or property and the Contractor shall further use only such methods
as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
22.3 In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may
deem necessary to protect their property from injury. Such notice, however, shall not relieve the
Contractor of responsibility for any damage resulting from his blasting operations.
23 CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
telephone number where such local representative may be reached during the time that the work contemplated by
this contract is in progress.
M— 24 INSURANCE
24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided ten (10) days in advance of
cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right
to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this
contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also
shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact
business in the State of Texas and shall cover all operations in connection with this contract, whether
performed by the Contractor or a subcontractor, or separate policies shall be provided covering the
operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be
submitted before contract execution.
24.2 The insurance certificates furnished shall name the City as an additional insured, or in the
alternative, shall be accompanied by a statement from the Contractor to the effect that no work on
this particular project shall be subcontracted. It shall be the contractor's responsibility to provide
5
to the owner all proof of coverage insurance documents including workers compensation
coverage for each subcontractor.
25 LABOR AND WORKING HOURS
25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate that must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations
thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance with any wage law that may be applicable.
Construction work under this contract requiring an inspector will not be performed on weekends or
holidays unless the following conditions exist:
25.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary w
service to its citizens.
25.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a
diligent effort to complete the contract within the allotted time.
25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the
Contractor must notify the Owner's Representative not less than three full working days prior to the
weekend or holiday he desires to do work and obtain written permission from the Owner's Representative
to do such work. The final decision on whether to allow construction work requiring an inspector on
weekends or holidays will be made by the Owner's Representative.
25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such
condition so that it is no longer dangerous to property or life.
26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount,
not less often than once each week. The Contractor and each of his, subcontractors engaged at the site of the
work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or
Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his
classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the
copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made,
or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees
according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which
schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on
whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each
calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his
particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these
contract documents.
27 PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
28 PREPARATION FOR BID
28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to
do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly
and legibly, or typewritten. In case of discrepancy between the price written in words and the price written
in figures, the price written in words shall govern.
r
28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a
bid is submitted by a firm, association, or partnership, the name and address of each member must be
�*R given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If
the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.
The bid shall be executed in ink.
28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
28.3.1 Bidder's name
28.3.2 Bid for (description of the project).
28.4 Bid submittals may be withdrawn and resubmitted at any time. before the time set for opening of the bids,
but no bid may be withdrawn or altered thereafter.
28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been
opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE,
ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR
TO BID OPENING.
29 BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the
following:
(a) Notice to Bidders: ,
(b) General Instructions to Bidders.
(c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
Q) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
., incorporated by reference into the aforementioned contract documents.
30 QUALIFICATIONS OF BIDDERS
The bidder may be required before the award of any contract to show to the complete satisfaction of the City of
Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein
in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy
the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations
deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall
furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock
reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the
City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the
work described therein. Evaluation of the bidder's qualifications shall include:
(a) The ability, capacity, skill, and financial resources to perform the work or provide the service required.
(b) The ability of the bidder to perform the work or provide the service promptly or within the time specified,
without delay or interference.
(c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
(d) The quality of performance of previous contracts or services.
�"' 7
31 BID AWARD
31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid
Items 1 through 9 plus the sum of any Additive Alternate Bids the City may select.
31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to
specifications is primary in determining the best low bid. Failure to comply with the specifications may
result in disqualification of the bid.
31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be
cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR
GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS
INVITATION TO BID.
BID SUBMITTAL
1
,MIME
BID SUBMITTAL
LUMP SUM BID CONTRACT
DATE: 14-0-6- Of
PROJECT NUMBER: #079-01/1LR - CHAPEL HILL PAVING PROJECT
Bid of top C- STA0- � ra.r � �wu rA (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a CHAPEL HILL PAVING PROJECT having
carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of
the intended project including the availability'of materials and labor, hereby intends to furnish all labor, materials, and
supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time
-e set forth therein and at the price stated in Exhibit "A."
The Bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the
accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit
"A" of this bid.
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written
' "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) working days thereafter as stipulated
in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages
the sum of $300.00 (THREE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth
herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully
examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further
agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete
the work on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable
without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the
bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all
necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him.
OWA 1
rr ,
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars ($ ) or a Bid Bond in the sum of 5910 Dollars
($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the
event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents,
insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of
receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the
undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
MI
N
1M
Authorized Signature 91,>~111—f
J.tJET j -p ,, AND f A -S
(Printed or Typed Name)
L'.1,6 _J f ow- AX -I a / i4✓ Y IV /o
Company
(Seal if Bidder is a Corporation)
t�
ATTEST:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
Address
`+u 46, 1,- , /-,. 4.0/G
City, County
1�#4s )I 0A
State Zip Code
Telephone: k46 - 7 4�S-1 at /
Fax: ef4 - 7 - /a % `{
MIWBE Firm: Woman Black American
Hispanic American Asian Pacific Americ
Native American
Other (Specify)
„^*�
2
2 3,450 LF 24" Concrete curb & gutter with 6" curb or separate
reinforced concrete gutter including site clearance
and subgrade preparation, reinforcement and
jointing, complete in place, as shown and as
specified, per linear foot:
SERVICES: vcccs �'� _ /f �/LF)
MATERIALS: -� �<<� r,►� �'�� ($ /LF) ($
TOTAL:C/�C•i�� s&,�e� ��%w"s. o s -,x fl k.�lc ($ J1 /LF) ($ (d�
3 160 SY
"EXHIBIT A"
-:..
BID SUBMITTAL
reinforcement and jointing,
BID FOR UNIT PRICE CONTRACTS
complete in place, as
shown and as specified, per
Item Quantities
Per Total
No. & Units
Description of Item Unit Amount
BASE BID
($ 15 SV /SY) ($ '� )
1 6,720 SY
Type "D" Hot -Mix Asphaltic Concrete pavement, in
($155-6 /SY) ($)
a street, including 3% latex polymer (SBR) and 1%
�•�s ®o ----
hydrated lime, 1-1/2" (minimum compacted
thickness), new 6" (minimum compacted thickness)
caliche base (not recycled), including subgrade
6" concrete alley approach slabs including all
preparation, prime and tack coat and dilute
subgrade preparation,
emulsion treatment, complete in place, as shown
and as specified, per square yard:
shown and as specified, per
SERVICES: 11,ex DQcLOAr d
.., MATERIALS: ,u,L
poLtor� st /ov ($ /SY)$
TOTAL:
/SY) ($SPflff(%,� )
2 3,450 LF 24" Concrete curb & gutter with 6" curb or separate
reinforced concrete gutter including site clearance
and subgrade preparation, reinforcement and
jointing, complete in place, as shown and as
specified, per linear foot:
SERVICES: vcccs �'� _ /f �/LF)
MATERIALS: -� �<<� r,►� �'�� ($ /LF) ($
TOTAL:C/�C•i�� s&,�e� ��%w"s. o s -,x fl k.�lc ($ J1 /LF) ($ (d�
3 160 SY
6" concrete fillets and valley gutters, including all
subgrade preparation,
reinforcement and jointing,
r.
complete in place, as
shown and as specified, per
square yard:
SERVICES: , /.,.�
c i s /�, ---""—'
($ 15 SV /SY) ($ '� )
MATERIALS:
a
($155-6 /SY) ($)
TOTAL: ,.
�•�s ®o ----
($ 3I°' /SY) ($ O )
4 75 SY
6" concrete alley approach slabs including all
subgrade preparation,
reinforcement and jointing,
complete in place, as
shown and as specified, per
square yard:
SERVICES:
.5 �o /SY) ($ I/a. S19 )
MATERIALS: Afice.
W d "limo-----"�
� ($ /5 /SY) ($ //6g, � k )
TOTAL: �.�; ,+ar.
>!f c�y''�` ��r�------•
($ 37;` /SY)
BS -1
M
"EXHIBIT A"
BID SUBMITTAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Per Total
No. & Units Description of Item Unit Amount
5 45 SY 4" concrete slab removal and legal disposal as
shown and as specified, per square yard:
.-
SERVICES: /Ura& T)ot1,oas �4 ($ 17 /SY) ($
MATERIALS: /SY) ($ 0 )
TOTAL: �ra& Z�vtLons F'u6/oo ----^ ($ p a /SY) ($ g05i )
r•-
6 120 SY 4" concrete handicap ramp including all subgrade
preparation, reinforcing, jointing, texturing &
painting, etc., complete in place, as shown and as
specified, per square yard:
SERVICES: foo ($ 1g, /SY)
MATERIALS: Et t tt �csN po[ c wL s roe ($ °�` /SY) ($
TOTAL: k��r S� �� /.11o�s d ($ 36` /SYoy`c'
7 50 SY 4" concrete sidewalk, complete in place, as shown
and as specified, per square yard:
SERVICES:/r, j1YCEN r��LLonS ��� _ ($ /�/SY) ($ 900��
.-
MATERIALS: t N7 tiw &sf L-25 ""'/to ($ ! /SY) ($
TOTAL: ($ 3a /SY) ($
8 620 LF Fence replacement, wood, chain link or other,
including removal of existing fence (with legal
disposal or on-site storage, as directed) and
replacement with similar height and kind (or as
directed), in proper location, with fence and corner
posts, gates, stringers, rails, braces, fabric, pickets
and whatever else is necessary, etc. complete in
place, as shown, specified or as directed, per linear
foot of new fence:
,..a
SERVICES: 14.,s V1_1r1G------ ($ H /LF) ($
MATERIALS: ad %/ , ; /�v /LF) ($ 8'6d'd' )
A.•4
TOTAL: &," $ ,2gf 2F) ($. /Zgo„ `� )
B S-2
A-2 680 LF
24" Concrete curb & gutter with 6" curb or separate
reinforced concrete gutter including site clearance
and subgrade preparation, reinforcement and
jointing, complete in place, as shown and as
specified, per linear foot:
)( '
77 SERVICES: /LF �- do f lv�+s v �' �vu --____ ($ �7� a� $
MATERIALS: �w, ffotis "�-I�„� ($ Y�°m /LF) ($ Ildl>` )
,.., TOTAL: d ,w fav& ($ 5-t /LF) ($ S qq-o'.� )
_T
A-3 5 SY 4" concrete slab removal and legal disposal as
shown and as specified, per square yard:
SERVICES: Ott t,e Z 14-5 �l(o ($—L— /SY) ($ q5` s )
MATERIALS: 6 - ($ _ - /SY) ($
TOTAL: /SY) ($ )
BS -3
"EXHIBIT A"
BID SUBMITTAL
,,..,
BID FOR UNIT PRICE CONTRACTS
Item Quantities
Per Total
No. & Units
Description of Item Unit Amount
9 50 CY
Cement stabilized caliche backfill material, 3 sacks
of cement per cubic yard of caliche, complete in
place, as specified, per cubic yard:
SERVICES:
io- -- d,16- ($1Y 7 /CY) ($ 1350 406 ,50406 )
MATERIALS: .",
-ter t �` �:---- ($,7? /CY) ($ /3S'®� }
TOTAL:
�c�K. d� !shy �! "" av---_'—($ S lCY) ($ ,,?7oo-` )
TOTAL SERVICES
$ 4a, 957.&V
TOTAL MATERIALS
TOTAL BASE BID (Items 1 through 9) $ lg3,31o. 00
ADDITIVE ALTERNATE
Awl'
A-1 1,250 SY
Type "D" Hot -Mix Asphaltic Concrete pavement, in
a street, including 3% latex polymer (SBR) and 1%
hydrated lime, 1-1/2" (minimum compacted
thickness), new 6" (minimum compacted thickness)
caliche base (not recycled), including subgrade
preparation, prime and tack coat and dilute
emulsion treatment, complete in place, as shown
and as specified, per square yard:
..
SERVICES: ��-
�l�R� 17s�oo � � )
($ q /SY) ($ 59 W.
MATERIALS: ��
a� tlo.,� ?rroo ($ /SY) ($ 7 )
..,
TOTAL: Aj,e
All -As d ion --- -- ($ � /SY) ($ //, 87.51c )
A-2 680 LF
24" Concrete curb & gutter with 6" curb or separate
reinforced concrete gutter including site clearance
and subgrade preparation, reinforcement and
jointing, complete in place, as shown and as
specified, per linear foot:
)( '
77 SERVICES: /LF �- do f lv�+s v �' �vu --____ ($ �7� a� $
MATERIALS: �w, ffotis "�-I�„� ($ Y�°m /LF) ($ Ildl>` )
,.., TOTAL: d ,w fav& ($ 5-t /LF) ($ S qq-o'.� )
_T
A-3 5 SY 4" concrete slab removal and legal disposal as
shown and as specified, per square yard:
SERVICES: Ott t,e Z 14-5 �l(o ($—L— /SY) ($ q5` s )
MATERIALS: 6 - ($ _ - /SY) ($
TOTAL: /SY) ($ )
BS -3
"EXHIBIT A"
BID SUBMITTAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Per Total
No & Units Description of Item Unit Amount
A-4 40 LF Fence replacement, wood, chain link or other,
including removal of existing fence (with legal
disposal or on-site storage, as directed) and
replacement with similar height and kind (or as
directed), in proper location, with fence and corner
posts, gates, stringers, rails, braces, fabric, pickets
and whatever else is necessary, etc. complete in
place, as shown, specified or as directed, per linear
,. foot of new fence:
0
SERVICES: ($ ��/LF) ($ gr,160 Q )
°+ MATERIALS: _ �,,, ' �%h "%- ($ r�) /LF) ($ !r-6,0 )
TOTAL: G --�_ tj rC� !%p a��---- ($ 17d /LF) ($ &W �� )
TOTAL SERVICES $ 914; . SO
TOTAL MATERIALS $ /,� i7, 50
TOTAL ADDITIVE BID (Items A-1 through A-4) $ �Sp qgp . 4a
�o
TOTAL SERVICES $ 71,94-0
TOTAL MATERIALS $ 7I 4 eta`
TOTAL BID (Items 1 through 9 & A-1 through A-4) $ /q3,, 6.20 .
,., AUTHORIZED SIGNATURE
BS -4
r-
3
LIST OF SUBCONTRACTORS
r—
Minority Owned
Yes No
1
/l�awts ❑ ❑
2.
❑ ❑
3.
❑ ❑
4.
❑ ❑
5.
❑ ❑
6 •
❑ ❑
7.
❑ ❑
8.
❑ ❑
9.
❑ ❑
10.
❑ ❑
elm
r-
3
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Bidder
And Attached to Bid Submittal
1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been
reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of
Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock,
furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal.
Contracto Si nature)
lkl �5 C E'1 �R�►J £I�
Contractor (Print)
CONTRACTOR'S NAME: LOIC Srs.- D110-
(Print
11 -(Print or Type )
CONTRACTOR'S ADDRESS: 1/lrl�o W in a v¢ -i,
Name of Agent/Broker: S4„I-s,�n
Address of Agent/Broker: 0o5
City/State/Zip: L
Agent/Broker Telephone Number: 7 d, - 4
•- Date: 4-®s- 1
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this bid/proposal and
award the contract to another contractor. If you have any questions concerning these requirements,
please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165.
BID #079-01/1-R - CHAPEL HILL PAVING PROJECT
" 4
i
Un
UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE PO Box 73909
Cedar Rapids, Iowa 52407-3909 319-399-5700
(A Stock Company)
BID BOND
Know ALL BY THESE PRESENTS, that LONE STAR DIRT & PAVING CONTRACTING
as Principal, hereinafter called the Principal,
and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as
Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK
Obligee, hereinafter called the Obligee,
in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID ----------------------Dollars
($---------5 0--------), for the payment of which sum well and truly to be made, the said principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for BID #079-01/LR
CHAPEL HILL PAVING PROJECT
�+ Now, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract
-~ documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor
and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give
such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to
perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 5TH day of APRIL A.D. , 2 0 01.
LONE STAR DIRT & PAVING CONTRACTIN(g,'.1)
(Principal)
(witness) WESL SANDERS (rifle)
PARTNER
UNITED FIRE & CASUALTY COMPANY (seal)
., By
(witness) DEEDEE BRINKER (Attorney-in-fact)
r.e
s CONT 00010798
� x
s� � Sxate
On tt
to.."M
Assi`s
�� sr,an exNire MARCH.21l'i 2002 unless -.sooner revoxeo,:
made and executed ptrsaanT to and by authority of'`t�te foilowin9 `By Lavy
Party on April 1`8, .1 73
"Article V Surety Bonds and Undertakings.".
Corney m Fact the president or any Vices esi� a y her ofY�cer of the Company may; from time" fo f
e .9. act to act �n behalf of the Com an in the
'ys p y execution of policies of insurance bonds undertalurc
s itiature. The signature of any offfcer authorized" fiereb r 'an the Corporate seal, may bii:1 &od Q:4acs
ower of attorney or ceiffficatFon of either authorized hereby; such signature and seal, when sd`used be€ng:ad
3tyre of such officer ant the original 11-h te Company to be vafiid and b riding upon the Company With tK
affixed. Such attorr�m fast;"sub�ecifo the Lmiitatronsseflorth m Alf,"' respective certfficafes of outhorjf
ry'by their signat%Ye and execufion of airy sucFi instruments and�(o attac�i the seal of the Company thereto .`fi
a ;
3rd of Directors or atf}r other offfceb�"i" the C mo pa}may at any time revo cue all power and authorFty.p'rey,6i
VITNESS WNEREtiP, tie. ;U�t1TED IR `i3r C`xSUALTY 66IV�PANY has caused the,
e signed by its assistan vice president an its Cor orate s,eal to
'e hetto
g:; day of MARCH AD
�r r
} w R NITECIIi3E' & TY CE?Mf
By
T
3 Assistant
ss, x
2C i 2 0 0'0 before me personally Carrie JEFFREY .1 C 3A
e my sworn, did depose and say: that he resides in Cedar Rapids State:: ai,
;UNITED FIRE & CASUALTY_: COMPANY: the corporation (described in and'<
BOND CHECK
BEST MATING
LICENSED /;N TEXAS
., BOND NO. 54-118214
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
P.. CLONE STAR DIRT & PAVIN CONTftRAC�IdTT
KNOW ALL MEN BY THESE PRESENTS, tha ereina er ca a tie Principal(s), as
, Principal(s), and
UNITED FIRE & CASUALTY COMPANY
(hereinafter called the Sure�A, L R'EI7, el all'�I k 4Ffi T e u } Winafter called the
Obligee), in the amount of NTNFmv rii� N a (�jj I money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 26TH day of
APRIL ,20 01, to BID #079-01/LR CHAPEL HILL PAVING PROJECT
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this
1ST day of MAY 2001
UNITED FIRE & CASUALTY COMPANY LONE STAR DIRT & PAVING CONTRACTING
Surety (Company Name)
(Title) DEEDEE BRINKER
ATTORNEY—IN—FACT
1
By: WESLEY SANDERS
(Printed Name)
(Signature
PARTNER/CF0
(Title)
., The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates DEEDEE BRINKER an agent resident in Lubbock County to whom any requisite notices may be delivered
-: and on whom service of process may be had in matters arising out of such suretyship.
UNITED FIRE & CASUALTY COMPANY
Surety
*By: ,.
(Title) DEEDEE BRINKER
ATTORNEY—IN—FACT
Approved as to form:
M,
City of Lubbock
By: %
Cit Attorney
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 signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
i_
o�+
2
BOND CHECK
BEST RATING
LICENSED I TEXAS
DATE / By LC ,
PERFORMANCE BOND
lk
r
BOND NO. 54-118214
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
LONE STAR DIRT & PAVING CONTRACTING
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
UNITED FIRE & CASUALTY COMPANY
(hereinafter called the Sur(�),S1Tl�i�2), aly t��t�� einafter called the
Obligee), in the amount of�TrTFmv ANn N --------- l7o`iiars ( awful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 26T&y of
APRIL ,2001toBID #079-01/LR CHAPEL HILL PAVING PROJECT—
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as
F if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said
article to the same extent as if it were copied at length herein.
"" IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 1ST
day of MAY , 2001 ,
UNITED FIRE & CASUALTY COMPANY
Surety
* By.
DEEDEE BRINKER
ATTORNEY—IN—FACT
LONE STAR DIRT & PAVING CONTRACTING
(Company Name)
By:WESLEY SANDERS
(Printed Nze
(Signa re)
.. -'414 z_R : •
The undersignedsuretycompany represents that it is duly qualified to do business in Texas, and hereby
R
designates DEEDEE ent resident in Lubbock County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship.
UNITED FIRE & CASUALTY COMPANY
Surety
*By: IJP -I -Q.
(Title) DEEDEE BRINKER
ATTORNEY—IN—FACT
Approved as to Form
City of Lubbock ��pp
By: Gam- /V4 --7Z>
ity Attorney
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 signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
2
... ... ....
Zoo
iec vy
CcnipanY
Ahis.,:IST ;,:ci 'f '20 O
MRS
... ... ......
No Text
D�� CERTIFICATE OF�4L---�
ACORD',
LTR
RODUCER (806)792-5564 FAX (806)792-9344
POLICY NUMBER
4 -GL -54650
Sanford Insurance Agency
POLICY EXRiRATION
DATE MM/G'd�t11YY
04/06/24002
6303 Indiana
FIRE DAMAGE (Any one fire) $ 100,000
P.O. Box 64790
PERSONAL. � AV INJURY $ 1,000,0()0
Lubbock, TX 79464
NSURED Lone Star Di rt & Paving
OF ANY KIND UPON THE COMPANY, ITS AGENTS R REPOE ENT TIVES.
Preston & Wesley Sanders dba
GENERAL AGGREGATE $ 2,000,600
11820 S. University
Lubbock, TX 79423
1
V,OVERAGES
� s w! A N C E 05/OI/2001001
DATE (MM/D
��- �
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
SURER A: Mid -Continent Casualty
SURER 9: Oklahoma Surety
^, IGCO C. Texas Workers Compensation
INSUR ER D:
INSURE R E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMtU ti.-kUVt I -VM i nt rULK,l rcRIVV IIYUI I ..,....... ., I-- .
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPE( ? TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
p'1 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL+THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,
LTR
TYPE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
POLICY NUMBER
4 -GL -54650
POLICY EFFECTIVE
DATE MMIDD
04/06/2001
POLICY EXRiRATION
DATE MM/G'd�t11YY
04/06/24002
LIMITS
EACHOCCURRENCE $ 1.,000,00
FIRE DAMAGE (Any one fire) $ 100,000
MliD EXP (Any on9f erson) $ 5100
PERSONAL. � AV INJURY $ 1,000,0()0
LA
a.+
P.O. BOX 2000
OF ANY KIND UPON THE COMPANY, ITS AGENTS R REPOE ENT TIVES.
AUTHORIZED REPRESENTATIVE 4 of ( y fF
I a
GENERAL AGGREGATE $ 2,000,600
nern !`nRPARATIAN 1QRR
PRODUCTS - COMP/G° AGG $
- - -
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JECT LOC
AUTOMOBILE
LIABILITY
ANY AUTO
6 -TX -14089
04/06/2001
04/06/2002
COMBINED SINGLE LIMIT $
(Ea accident) 1,000.000
X
ALL OWNED AUTOS
BODILY INJURY $
(Per person)
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY $
(Per accident)
NON -OWNED AUTOS
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY: AGG $
ANY AUTO
EXCESS LIABILITY
EACH OCCURRENCE $
-
AGGREGATE $
`
OCCUR FICLAIMS MADE
I$
$
DEDUCTIBLE'
$
RETENTION $WC
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
SF -0001090706
08/10/2000
08/1.0/2001
_
TORY LIMITS ER
E.L. EACH ACCIDENT $ 500,000
E.L. DISEASE - EA EMPLOYEd $ S00,000
E.L. DISEASE -POLICY LIMIT 1 $ 500,00
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RTIFICATE HOLDER HAS WAIVER OF SUBROGATION ON AUTO, GL AND WC AND IS ADDITIONAL INSURED ON AUTO & GL.
BID #079-01/LR - CHAPEL HILL PAVING PROJECT.
L
r A k11%C11 ATIMI
CitKll�'1\./iIC 1'IVLVGR HVUIIIVIYMLII`IJVncv.,wvn�.��r. ,r...
-----------
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Lubbock
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
ATTN • DONNA LUNA -PURCHASING
a.+
P.O. BOX 2000
OF ANY KIND UPON THE COMPANY, ITS AGENTS R REPOE ENT TIVES.
AUTHORIZED REPRESENTATIVE 4 of ( y fF
I a
LUBBOCK, TX 79457
nern !`nRPARATIAN 1QRR
&C:UKU LD -a (rro!)
a-1
IMPORTANT
IIf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
f*
DISCLAIMER
IThe Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
q,
r
r
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
P.O. BOX 2000
LUBBOCK, TX 79457 TYPE OF PROJECT:
THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at
the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the
typed of insurance and in accordance with the provisions of the standard policies used by this company, the further
hereinafter described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
Commercial General Liability
General Aggregate $
Claims Made
Products-Comp/Op AGG $
_ Occurrence
Personal & Adv. Injury $
Owner's & Contractors Protectiv
Each Occurrence $
Fire Damage (Any one Fire)
$
Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
_ Any Auto
Combined Single Limit $
E All Owned Autos
Bodily Injury (Per Person) $
Scheduled Autos
Bodily Injury (Per Accident)
$
Hired Autos
Property Damage $
Non -Owned Autos
GARAGE LIABILITY
Any Auto
Auto Only - Each Accident $
Other than Auto Only:
Each Accident $
Aggregate $
BUILDER'S RISK
- 100% of the Total Contract Pric
$
�J INSTALLATION FLOATER
$
EXCESS LIABILITY
Umbrella Form
Each Occurrence $
Aggregate $
Other Than Umbrella Form
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ ❑ Included
Statutory Limits
Partners/Executive Excluded
Each Accident $
Officers are:
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or
canceled by the insurer in less than the legal time required after the insured has received written notice of such change or
FA cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer
By:
Y Title:
�+ 1
i
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
�(1)
provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
I/ (2)
provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3)
provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
_Ce(4)
obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
,,,,,
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5)
retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6)
notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the
contractor knew or should have known, of any change that materially affects the provision of coverage of
any person providing services on the project;
(7)
post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional words
or changes:
"" 2
F0
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this construction project must (see
reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage." and
�(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements for all of its employees providing services on the project, for the
duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this
rule;
(D)
provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(E)
obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(F)
retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(G)
notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days
after the person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(H)
contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they
are providing services.
3
HUD CERTIFICATIONS
SECTION 3 / STATEMENT OF WORK FORCE NEEDS
CERTIFICATION IN COMPLIANCE WITH
SECTION 109 OF PUB. L. 100-202
REGARDING RESTRICTIONS ON THE AWARD
OF CERTAIN CONTRACTS AND SUBCONTRACTS
._ TO FOREIGN COUNTRIES
(a) Definitons. The definitions pertaining to this provision are those that are set forth in the clause entitled "Restrictions
on Public Works Project."
(b) Certification. Except as provided in paragraph (c) of this provision, by submission of its bid or proposal, the bidder
certifies that it -
(1) Is not a Contractor of a foreign country included on the list of countries that discriminate against U.S. firms
published by the Office of the United States Trade Representative (USTR) (see paragraph (h) of this provision);
(2) Has not or will not enter into any subcontract with a subcontractor of a foreign country included on the list of
countries that discriminate against U.S. firms published by the USTR; and
... (3) Will not provide and product of a country included on the list of foreign countries that discriminate against U.S.
firms published by the USTR.
(c) Inability to certify. A bidder unable to certify in accordance with paragraph (b) of this provision shall submit with its
offer a written explanation fully describing the reasons for its inability to make the certification.
k (d) Applicability of 18 U.S.C. 1001. The certification in paragraph (b) of this provision concerns a matter within the
jurisdiction of an agency of the United States, and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, U.S.C. 1001.
(e) Notice. The bidder shall provide immediate written notice to the Contracting Officer if, at any time before the contract
award, the bidder learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
(f) Restrictions on contract award. Unless a waiver to these restrictions is granted by the Secretary of Housing and
Urban Development, no contract will be awarded to a bidder (1) who is owned or controlled by a citizen or national of
a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTR,
(2) whose subcontractors are owned or controlled by citizens or nationals of a foreign country on the USTR list, or (3)
who incorporates any product of a foreign country on the USTR list in the public works project.
(g) Recordkeeping. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by paragraph (b) of this provision. The knowledge
and information of a bidder is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
(h) USTR list. The USTR published an initial list in the Federal Register on December 30, 1987 (53 FR49244), which
identified one country - Japan. The USTR can add countries to the list, and remove countries from it, in accordance
with section 109(c) of Pub. L. 100-202.
Contractor -
By.
we5�
,. (Seal if Bidder is a Corporation) �
ATTEST:
Secretary
,�
..
,
CONTACTOR INFORMATION
�
TO: CITY OF LUBBOCK DATE:
w~ P.C).BOX 2000
f` LUB8OCK.TEXAS 7g457 ' PF��JF~-T NUMBER
�^ ~
PROJECT NAME:
1. The undersigned, having submitted a bid to the City of Lubbock for the construction of the above identified project,
~�
certifies that: `
(a) The legal name and business address (including zip code) of the undersigned is:l-%-,c
~ /
. -
2. The undersigned is:
~
(a)A single proprietorship (list sole owner).
(b) *~, Apartnership (list all partners>.
'
(c)_Acorporation (names nfall principals and their UUes).
President:
Vice -President:
Secretary/Treasurer:
3. The Taxpayer Identification Number for the undersigned ia(whichever ioapp|icable):
(a) Employer Identification Number (Fedara Identification Number):
^'
(b) Social Security Number:
2
4. If awarded this bid for the aforementioned project, the undersigned agrees to forward to the City of Lubbock within
ten days after the execution of any subcontractor(s) al list of all subcontractor(s) who will be employed on said
project. This list will consist of the subcontractor's legal name and business address.
ot'y Li-�
Contractor
(Printed tor Typed Name
Company
Address
60 c L c -
�. City County
L"ock- ,-T*qs -7q*2-:�5
State Zip Code
.,. Telephone:
Fax Number: ( 36(o)
rr
Date: T , 2001
3
CONTRACT
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 26th day of April, 2001 by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so,
hereinafter referred to as OWNER, and Lone Star Dirt & Paving of the City of Lubbock, County of Lubbock and the State of
Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #079-01/LR - CHAPEL HILL PAVING PROJECT - $143,790.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract
documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make
payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written. -
ATTEST: C
P'.0-6 -e " B,
Secretary
APPROV6?AS TCO C�NTENT:
_ CONTRACTOR:
, �,rXw�neCsRe es ntati e ,)
�G�s/� �iAR l�ik7 Y t'At✓1r+4��2f1tT1AiL
APPROVED AS TO FORM:
City Attorney
PRINTED NAME: Wes, `&Y 5,"f-' .
TITLE:
ATTEST: COMPLETE ADDRESS:
Corporate Secretary Lone Star Dirt & Paving
11820 University Avenue
Lubbock, Texas 79423
oft 1
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
r-* Whenever the word Owner, or First Party, is used in this contract, it shall be understood as referring to the City of
Lubbock, Texas.
2. CONTRACTOR
Whenever the %1!ords Contractor, or Second Party, are used, it shall be understood to mean the person, persons,
co -partnership or corporation, to wit LONE STAR DIRT & PAVING who has agreed to perform the work embraced
in this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the words Owner's Representative, or Representative, are used in this contract, it shall be understood
as referring to, City of Lubbock, or its representative LARRY HERTEL, CITY ENGINEER, so designated who will
inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may
be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors
will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor
or persons acting on behalf of the Contractor.
R 4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder
for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to
herein as the "contract" or "contract documents
5. INTERPRETATION OF PHRASES
.� Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order, designation
or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable,"
"Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's
Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if 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 if delivered at or sent certified mail to the last
business address known to the party who gives the notice.
1
0
8. CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, ^'
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. —
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or
work described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems
said lines and grades are necessary for the commencement of the work contemplated by these contract
documents or the completion of the work contemplated by these contract documents. Whenever necessary,
Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but
such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore.
The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be
replaced by the Owner's Representative at Contractor's expense.
r
4.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the authority
to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. The
" Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under the contract documents, and shall determine all questions in relation to said work
and the construction thereof, and shall, in all cases, decide every question which may arise relative to the
execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the
proper inspection and examination of the work. The Contractor shall regard and obey the directions and
instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative
for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection
a, or objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions
"^ given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate
supervision by competent and reasonable representatives of the Contractor is essential to the proper performance
of the work and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
0% 17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms
or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
^ 3
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense. --
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is
also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of
any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public _
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be
approved by the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at
any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any
observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to
the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject
any such work found to be defective or not in accordance with the contract documents, regardless of the stage of
its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative
has previously accepted the work through oversight or otherwise. If any such work should be covered without
approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for
examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at
a location where it is not convenient for Owner or Owner's Representative to make observations of such work or
require testing of said work, then in such event Owner or Owner's Representative may require Contractor to
furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated.
All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials
or such other applicable organization as may be required by law or the contract documents.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
and shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not
in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
= such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
cam, The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
FIR 24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
1 ' when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced,
then the Contractor shall be paid the lesser of the following: (1) actual field cost of the
extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged
by a reasonable and prudent Contractor as a reasonable and necessary cost for
performance of the extra work.
*01" In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
.... together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
-. 5
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be
determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership
Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for
the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent
(15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit,
overhead, general superintendence and field office expense, and all other elements of cost and expense not
embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office
must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall
be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C)(1). If Contractor does not notify Owner's Representative prior to the commencement
any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the bid, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in
these plans, specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands
the work to be included and has provided sufficient sums in its bid to complete the work in accordance
with these plans and specifications. If Contractor does not notify Owner's Representative prior to bidding
of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and
specifications are sufficient and adequate for completion of the project. It is further agreed that any
request for clarification must be submitted no later than five (5) calendar days prior to the opening of
bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of
work with the rate of progress required under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
6@
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold
harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any
manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject
matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
" by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
,,.., All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and
its subcontractors, shall contain a waiver of any and all of the insurer's or payors, in the event of self-insurance,
rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of
payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in
conformity with the provisions hereof shall establish such waiver..
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
�., protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor,
or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance
specifying each and all coverages shall be submitted prior to contract execution.
The insurance certificates furnished shall name the City as an additional insured, or in the alternative,
shall be accompanied by a statement from the Contractor to the effect that no work on this particular
project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof
of coverage insurance documents including workers compensation coverage for each subcontractor.
A. General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00
Combined Single Limit in the aggregate and per occurrence to include:
Premises and Operations
. Heavy Equipment
Explosion & Collapse Hazard
,, 7
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $0.00 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $500,000.00 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and
Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance/Installation Floater Insurance,
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $0on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000.00.
Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority
to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-
83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's
or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor
Code) - includes all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted directly with
the Contractor and regardless of whether that person has employees. This includes, without
PM -
2.
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which furnishes persons to
provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on
the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
.-• 6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project.
-- 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
„-„ of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
9
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence _.
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at
the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate. `
10
0
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
•� (9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling of
any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
�»• entity:
(i) a certificate_ of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
�.. coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
.-. days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any additional
words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services
related to this construction project must be covered by workers' compensation
insurance. This includes persons providing, hauling, or delivering equipment or
materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee." _
"Call the Texas Workers' Compensation Commission at 592/440-3789 to receive
information of the legal requirements for coverage, to verify whether your
employer has provided the required coverage, or to report an employer's failure to
provide coverage;" and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
12
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i) -(viii), with the certificate of coverage to be provided to
the person for whom they are providing services.
,., 29. DISABLED EMPLOYEES
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
,— 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS
OF MACHINERY, EQUIPMENT AND SUPPLIES
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless
against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way,
manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract
and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish
satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or
waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of
those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five
(5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain
unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a
sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such
indebtedness.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material
or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof.
Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and
save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except
that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is specified or
required in these contract documents by Owner; provided, however, if choice of alternate design, device, material
or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers,
agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the
contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the
Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to bidding.
13
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form,
the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the
Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. Contractor
hereby agrees to follow all federal, state, and local statutes, laws, ordinances and regulations. Further, Contractor
specifically agrees to abide by the federal regulations as set forth in 24 CFR Parks 570. If the Contractor observes
that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing
prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work.
In the absence of timely written notification to Owner's Representative of such variance or variances within said
time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or
local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors
perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's
Representative, Contractor shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this
contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required
in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as
provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner
may withhold permanently from Contractor's total compensation, the sum of $300.00 (THREE HUNDRED
DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set
forth for each and every working day that the Contractor shall be in default after the time stipulated for
substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and
is expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS
OF THE ESSENCE OF THIS CONTRACT.
14
a+�
ii
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as
shall be most conductive to economy of construction; provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in accordance with this
'contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that
when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may
.• direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the
construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the
Contractor will start the several parts of the work and estimated dates of completion of the several parts.
.�+ 36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and
has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that
it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been
delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors
••r employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public
enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all
justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days
of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the
extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial,
and final. Further, in the absence of timely written notification of such delay and request for extension, as provided
herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
'Pow fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
�.. hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
which event, such expense as in the sole judgment of the Owner's Representative that is caused by such
stoppage shall be paid by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated
to be estimates, for the various classes of work to be done and material to be furnished under this contract, they
are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their bids offered for the work. In the event the amount of work to be done and materials to be furnished are
expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and
agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials furnished on the project.
r" 15
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without
limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees,
against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising
from or growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by
the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to
receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all
expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner
and according to this agreement, the attached specifications, plans, contract documents and requirements of
Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for
partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine
the amount to be partially paid. Owner's Representative shall review said application for partial payment if
submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a
certificate for partial payment showing as completely as practical the total value of the work done by the Contractor
up to and including the last day of the preceding month. The determination of the partial payment by the Owner's
Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to
enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work
performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said
partial payment is attributable.
L
r
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31)
working days after the Contractor has given the Owner's Representative written notice that the work has been
substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time,
if the work be found to be substantially completed in accordance with the contract documents, the Owner's
Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding
the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete
the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final
completion, the Owner's Representative shall proceed to make final measurement to determine whether final
completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's
Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or
warranties implied by law or otherwise.
-+ 45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and
Contractor shall at its own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any
such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the
contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and
Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which
shall appear within a period of one (1) year from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
�, The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
.� (a) Defective work not remedied and/or work not performed.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the
amount withheld, payment shall be made for amounts withheld because of them.
r 17
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the
written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety
on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be
delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no
further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice
hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with
diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract
documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or
otherwise, including, but not limited to, providing for completion of the work in either of the following elective
manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the
sum which would have been payable under this contract, if the same had been completed by said
Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper
having a general circulation in the County of location of the work, may let the contract for the completion of
the work under substantially the same terms and conditions which are provided in this contract. In case of
any increase in cost to the Owner under the new contract as compared to what would have been the cost
under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain
bound therefore. Should the cost to complete any such new contract prove to be less than that which
would have been the cost to complete the work under this contract, the Contractor or his Surety shall be
credited therewith.
18
In the event the Owner's Representative elects to complete the work, as described above, when the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
�-- provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would
have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract,
or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over
to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price,
and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time
designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of
the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided,
however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to
the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the
date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at
either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the jobsite and belong to persons other than
the Contractor or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted
by law. it is expressly agreed and understood that the exercise by Owner of the remedies provided in this
paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise
of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies
available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in
paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved
Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be
in effect until such bonds are so furnished.
51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions
conflict with any of the general conditions contained in this contract, then in such event the special conditions shall
control.
I
P" 19
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to
direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and
vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or
effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's
Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition.
In case of dispute Owner may remove the debris and charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in
the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project
or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective
gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum
products or byproducts and/or asbestos.
20
SPECIAL CONDITIONS
OF THE AGREEMENT
0
1. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare their payrolls on forms satisfactory to and in accordance with
instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the
"M Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors,
it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all
subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of
Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each
subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be
maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls
and basic payroll records shall contain the name and address of each such employee, his correct classification,
r"% rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the
Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. In
addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal
Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor
or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible and that the plan or program has been communicated in writing
to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. The Contractor and each subcontractor shall make their employment records with
respect to persons employed by them upon the work covered by this Contract available for inspection by
authorized representatives of the Secretary of Housing and Urban Development, the Local Public Agency or
Public Body and the United States Department of Labor. Such representatives shall be permitted to interview
employees of the Contractor or of any subcontractor during working hours on the job.
9— 2. MINIMUM WAGES (See Exhibit B: In excess of $2,000)
All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not
less often than once each week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable
regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback
Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those
,,.. contained in the wage determination decision of said Secretary of Labor (a copy of which is included in Exhibit B)
regardless of any contractual relationship which may be alleged to exist between the Contractor or any
subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be
paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities
approved by the Local Public Agency or Public Body for the cashing of the same without cost or expense to the
employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section
1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the
purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans,
funds or programs, but covering the particular weekly period, are deemed to be constructively made or incurred
during such weekly period.
3. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable
wage determination decisions of said Secretary of Labor with respect to the various classification of laborers and
mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all
deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by
-� persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points
at the site of the work.
4. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION
DECISIONS
Any class of laborers or mechanics which is not listed in the wage determination decisions and which is to be
employed under the Contract will be classified or reclassified conformably to the wage determination by the Local
Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or
Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, United States
P_
Department of Labor. In the event the interested parties cannot agree on the proper classification or
reclassification of a particular class of laborers and mechanics to be used, the question, accompanied by the
recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing
and Urban Development, to the Secretary of Labor for final determination.
SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transportation of materials and supplies to or from the site of the Project or Program to which this Contract
pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of
materials, articles, supplies or equipment on the site of the Project or Program to which this Contract pertains by
persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without
limiting the geniality of the foregoing provisions of this Contract, be deemed to be work to which these Federal
Labor Standards Provisions are applicable.
6. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed
by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public
Body, in addition to such other rights as may be afforded it under this Contract, shall withhold from the Contractor,
out of any payments due the Contractor, so much thereof as the Local Public Agency or Public Body may consider
necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so
withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the
subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due, or on
their behalf to plans, funds or programs for any type of fringe benefit prescribed in the applicable determination.
7. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages
of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a
plan or program of a type expressly listed in the wage determination decisions of the Secretary of Labor, which are
a part of this Contract: Provided, the Secretary of Labor has found, upon the written request of the Contractor,
that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the
Contractor to set aside, in a separate account, assets for meeting the obligations under the plan or program. A
copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor
must be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the minimum rate prescribed in the Contract for a
class of laborers or mechanics includes a fringe benefits which is not expressed as an hourly wage rate, and the
Contractor is obligated to pay the cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be
established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the
question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred,
through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination.
9. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(76 STAT. 357-360: TITLE 40 U.S.C.. SECTIONS 327-332)
(a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work
which may require or involve the employment of laborers or mechanics, including watchmen and guards,
shall require or permit any laborer or mechanic in any work week in which they are employed on such
work to work in excess of 40 hours in such work week unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times their basic rate of pay for all hours worked in
excess of 40 hours in such work week.
(b) Violation: Liability, forunpaid wages and liquidated damages. In the event of any violation of the clause
set forth in paragraph (a) of this Section, the Contractor and any subcontractor responsible therefor shall
be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor
shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed
r-�
with respect to each individual laborer or mechanic employed in violation of the clause set forth in
paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted
to work in excess of the standard work week of 40 hours without payment of the overtime wages required
by the clause set forth in paragraph (a).
(c) Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be
withheld from any moneys payable on account of work performed by the Contractor or any subcontractor
such sums as may administratively be determined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b) of
this Section.
(d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b)
and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower
tier subcontract which they may enter into, together with a clause requiring this insertion in any further
subcontracts that may in turn be made.
10. EMPLOYMENT OF APPRENTICES/TRAINEES
(a) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when
they are employed and individually registered in a bona fide apprenticeship program registered with the U.
S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of
probationary employment as an apprentice in such an apprenticeship program who is not individually
registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater
than the ratio permitted to the Contractor as to his entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate who is not a trainee as defined in paragraph (b) of
this Section, or is not registered or otherwise employed as stated above, shall be paid the wage rate
determined by the Secretary of Labor for the classification of work he actually performs. The Contractor
or subcontractor will be required to furnish to the contracting officer, or a representative of the Wage -Hour
Division of the U. S. Department of Labor, written evidence of the registration of and wage rates
(expressed in percentages of the journeymen hourly rates), for the area of construction prior to using any
apprentice on the Contract work. The wage rate paid apprentices shall be not less than the appropriate
percentage of the journeyman's rate contained in the applicable wage determination.
(b) Trainees. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification, by the U. D.
Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training. The ratio of
trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of
Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the
approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall
be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he
actually performs. The Contractor or subcontractor will be required to performs. The Contractor or
subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour
Division of the U. S. Department of Labor written evidence of the certification of his program, the
registration of the trainees and the ratios and wage rates prescribed in that program. In the event the
Bureau of Apprenticeship and Training withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(c) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
3
11. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or
correctional institution shall be employed on the work covered by this Contract.
12. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT'
The Contractor shall comply with the applicable regulations (See Exhibit A, attached and herein incorporated by
reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -
Kickback Act" of June 13, 1934 (48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967; 62 Stat. 740: Title 18
U.S.C., Section 874 and Title 40 U.S.C., Section 276c) and any amendments or modifications thereof, and shall
cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors
subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder,
except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances and
exemptions from the requirements thereof.
13. COMPLAINTS PROCEEDINGS OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are
applicable shall be discharged or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards
applicable to his employer under this Contract.
14. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the
work covered by this Contract shall be promptly reported by the Contractor, in writing, to the Local Public Agency
or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary
of Labor, United States Department of Labor, whose decision shall be final with respect thereto.
15. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti -
Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon act, (d) the
regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts or (e) the
labor standards provisions of any other pertinent Federal statute, shall be referred, through the Local Public
Agency or Public Body and the Secretary of Housing and Urban Development, to the Secretary of Labor, United
States Department of Labor, for said Secretary's appropriate ruling or interpretation, which shall be authoritative
and may be relied upon for the purpose of this Contract.
16. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or
Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract
covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A
breach of these Federal Labor Standards Provisions may also be grounds for debarment, as provided by the
applicable regulations issued by the Secretary of Labor. A breach of Section 45 and the Federal Labor Standards
Provisions may be grounds for termination of the Contract, and for debarment as provided in 29 CFR 5.6.
17. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS
No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share of this Contract
or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if
made with a corporation for its general benefit.
OTHER PROHIBITED INTERESTS
No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept
or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering,
^^ inspection, construction or material supply contract or any subcontract in connection with the construction of the
project shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer,
employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on
behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with
the construction of the project shall become directly or indirectly interested personally in this Contract or in any
part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the
project.
n
19. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 11246. as Amended.
Applicable to Federally assisted construction contracts and related subcontractors under $10.000)
.� During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment because
of race, color, religion, sex or national origin. The Contractor shall take affirmative action to
ensure that applicants for employment are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Contracting Officer setting forth the provisions of this
nondiscrimination clause. The Contractor shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex or national origin.
(3) The Contractor shall incorporate the foregoing requirements in all subcontracts.
B. Contracts Subject to Executive Order 11246. as Amended.
(Applicable to Federally assisted construction contracts and related subcontracts exceeding $10.000)
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure
that applicants for employment are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex or national origin. Such action shall include, but
not limited to, the following: employment, upgrading, demotion or transfer,; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
Contracting Officer setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
(3) The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided by the
�., Contract Compliance Officer advising the said labor union or workers' representative of the
Contractor's commitment under this Section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
.. 5
(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and the rules, regulations and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and the rules, regulations and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract,
or with any of such rules, regulations or orders, this Contract may be canceled, terminated, or
suspended in whole or in part, and the Contractor may be declared ineligible for further
Government contracts or federally assisted construction contract procedures authorized in
Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of
Labor, or as otherwise provided by laws.
(7) The Contractor will include the portion of the sentence immediately preceding paragraph B(1) of
this Section, and the provisions of paragraphs (1) through (7) which follow, in every subcontract or
purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontractor or purchase order as the Department may direct as a means of
enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the
event a Contractor become involved in, or is threatened with, litigation with the Department, the
Contractor may request the United States to enter such litigation to protect the interest of the
United States.
C. "Section 3" Compliance in the Provision of Training. Employment and Business Opportunities:
(Applicable to Federally assisted construction contracts and related subcontracts exceeding
$10,000)
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor agrees to comply with the requirements of Section 3 of the Housing and
Urban Development Act of 1968 (1 USC 170(u)), as amended, the HUD regulations
issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD
issued thereunder.
(2) The "Section 3" set forth in 24 CFR 135.20(b) shall form part of this Contract, as set forth
in Paragraph 1 of the General Conditions, "Contract and Contract Documents."
(3) Contractors shall incorporate the "Section 3 clause" shown below and the foregoing
requirements in all subcontracts.
Section 3 Clause as set forth in 24 CFR 135.20(b)
A. The work to be performed under this Contract is on a project assisted under a program providing
direct Federal financial assistance from the Department of Housing and Urban Development and
is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities
for training and employment be given lower income residents of the project area, and contracts for
work in connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project.
B. The parties to this Contract will comply with the provisions of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development and set forth in 24
CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder, prior to
the execution of this Contract. The parties to this Contract certify and agree that they are under
no contractual or other disability which would prevent them from complying with these
requirements.
C. The Contractor will send to each labor organization or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, if any, a notice advising the
said labor organization or workers' representative of his commitments under this Section 3 clause,
and shall posts copies of the notice in conspicuous places available to employees and applicants
for employment or training.
D. The Contractor will include this Section 3 clause in every subcontract for work in connection with
the project and will, at the direction of the applicant for or recipient of Federal financial assistance,
take appropriate action pursuant to a subcontract upon a finding that a Subcontractor is in
violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR
135.20 (b). The Contractor will not subcontract with any subcontractor where the Contractor has
notice or knowledge that the subcontractor has been found in violation of regulations under 24
CFR 135.20 (b), and will not let any subcontract unless the subcontractor has first provided said
Contractor with a preliminary statement of ability to comply with the requirements of these
regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20 (b), and all
applicable rules and orders of the Department issued thereunder prior to the execution of the
Contract, shall be a condition of the Federal financial assistance provided tot he project, binding
upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill
theses requirements shall subject the applicant or recipient, its contractors and subcontractors, its
successors and assigns to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR
135.20(b).
20. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and related subcontracts exceeding $100.000)
Compliance with Air and Water Acts
During the performance of this Contract, the Contractor and all subcontractors shall comply with the requirements
of the Clean Air Act, as amended, 42 USC 1857 et seq., and the Federal water Pollution Control Act, as amended,
.�„ 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR
Part 15, as amended.
In addition to the foregoing requirements, all non-exempt contractors and subcontractors shall furnish to the
Owner the following:
(1) A stipulation by the Contractor or subcontractors that any facility to be utilized in the performance of any
nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the
Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) An agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as
amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33
USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued
thereunder.
(3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any
notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or
to be utilized for the contracts, is under consideration to be listed on the EPA List of Violating Facilities.
7
(4) An agreement by the Contractor that he will include, or cause to be included, the criteria and requirements _
in paragraphs (1) through (4) of this Section in every nonexempt subcontract and requiring that the
Contractor will take such action as the Government may direct as a means of enforcing such provisions.
21. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS AND ACCIDENT PREVENTION —
A. Lead -Based Pain Hazards
(Applicable to contracts and related subcontracts for construction or rehabilitation of residential structures
exceeding $100.000)
The construction or rehabilitation of residential structures is subject to the HUD Lead -Based Paint
regulations, 24 CFR Part 35. The Contractor and subcontractors shall comply with the provisions for the
elimination of lead-based paint hazards under sub -part B of said regulations. The Owner will be
responsible for the inspections and certifications required under Section 35.14(f) thereof.
B. Use of Explosives
The use of explosives will not be permitted unless written permission to do so is obtained by the
Contractor from the City. When the use of explosives is necessary for the prosecution of the work, the
Contractor shall observe all local, state and Federal laws in purchasing and handling explosives. The
contractor shall take all necessary precautions to protect completed work, neighboring property, water
lines or other underground structures. Where there is danger to structures or property from blasting, the
charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats.
The Contractor shall notify all owners of public utility property of his intention to use explosives at least
eight hours before blasting is done close to such property. Any supervision or direction of use of
explosives by the Engineer does not in any way reduce the responsibility of the Contractor or his Surety
for damages that may be caused by such use.
C. Danger Signals and Safety Devices
The Contractor shall make all necessary precautions to guard against damages to property and injury to
persons, He shall put up and maintain in good condition sufficient red or warning lights at night, suitable
barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to
take such precautions, the Owner may have such lights and barricades installed and charge the cost of
this work to the Contractor. Such action by the Owner does not relieve the Contractor of any liability
incurred under these specifications or Contract.
22. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504
The Contractor shall not discriminate against any otherwise qualified handicapped employee or applicant for
employment solely by reason of his handicap. The Contractor shall comply with Section 504 of the Rehabilitation
Act of 1973 (P.L. 93-112) as amended (129 U.S.C.A. section 794).
No Text
No Text
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI -KICKBACK ACT' AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., SECTION 874
(Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C., Sec. 276b) pursuant to the Act of June 25, 1948,
62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner
whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building,
public work, or building or work financed in whole or in part by loans or grants from the United States to give up any part of
the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or
imprisoned not more than five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40
U.S.C., Sec. 276c)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the
construction, prosecution, completion or repair of public buildings, public works or buildings or work finance din whole or in
part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish
weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18
(United State Code) shall apply to such statements.
---XXX---
Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor, United States Department of Labor, has
r.•, promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal
Regulations, Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above
mentioned. Said regulations are as follows:
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
- PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes "anti -kickback' regulations under Section 2 of the Act of June 13, 1934, as amended
(40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject
to Federal wage standardsand which is for the construction, prosecution, completion, or repair of public
buildings, public works or buildings or work financed in whole or in part by loans or grants from the United
States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis -Bacon
Act and the various statutes dealing with Federally -assisted construction that contain similar minimum
.<3 . Wage'provisions, including those provisions which are not subject to Reorganization plan No. 14 (e.g., the
College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and
in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they
are applicable to construction work. The part details the weekly submission of statements regarding the
wages paid on work covered thereby; sets forth the circumstances and procedures governing the making
of payroll deductions from the wages of those employed on such work; and delineates the methods of
+* payment permissible on such work.
.ow I
Section 3.2 Definitions.
As used in the regulation in this part:
(a) The terms "building" or "work" generally includes construction activity as distinguished from
manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without
limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways,
parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports,
terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals;
dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted
in connection with and at the site of such a building or work as is described in the foregoing sentence, the
manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State
agency acquires title to such materials, articles, supplies, or equipment during the course of the
manufacture or furnishing, or owns the materials from which they are manufactured or furnished) is not a
"building" or "work" within the meaning of the regulations in this part.
(b) The terms "conditions", "prosecution", "completion", or "repair" mean all types of work done on a
particular building or work at the site thereof, including, without limitation, altering, remodeling, painting
and decorating, the transporting of materials and supplies to or from the building or work by the -
employees of the construction contractor or construction subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons
employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work for whose construction,
prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless
of whether title thereof is in a federal agency.
(d) The term "building or work financed in whole or in part by loans or grants from the United States"
includes building or work for whose construction, prosecution, completion, or repair, as defined above,
payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal
agency. The term does not include building or work for which Federal assistance is limited solely to loan
guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction,
prosecution, completion, or repair of a public building or public work or building or work financed in whole
or in part by loans or grants from the United States is "employed" or receiving "wages", regardless of any
contractual relationship alleged to exist between him and the real employer.
(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the
contractor or subcontractor, a partner or officer of the contractor or subcontractor, a corporation closely
connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent
of such corporation.
(g) The term "Federal agency" means the United States, the District of Columbia, and all executive
departments, independent establishments, administrative agencies, and instrumentality's of the United
States and of the District of Columbia, including corporations, all or substantially all of the stock of which is
beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments,
establishments, agencies, and instrumentality's.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not apply to persons in classifications higher than
that of laborer or mechanic and those who are the immediate supervisors of such employees.
(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of
any public building or public work, or building or work financed in whole or in part by loans or grants form
the United States, shall furnish each week a statement with respect to the wages paid each of its
employees engaged on work covered by 29 CFR Parts 3 and 5 -during the preceding weekly payroll
period. This statement shall be executed by the contractor or subcontractor or by an authorized officer or
employee of the contractor or subcontractor who supervises the payment of wages, and shall be on form
2
n
WH 348 "Statement of Compliance", or on an identical form on the back of WH 347, "Payroll (For
µ Contractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 347
and WH 348 may be obtained from the Government contracting or sponsoring agency, and copies of
these forms may be purchased at the Government Printing Office.
(c) The requirements of this section shall not apply to any contract of $2,000 or less.
., (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide
reasonable limitations, variations, tolerances, and exemptions from the requirements of this section
subject to such conditions as the Secretary of Labor may specify.
(29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968)
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statement required under Section 3.3 shall be delivered by the contractor or
subcontractor, within seven days after the regular payment date of the payroll period, to a representative
of a Federal or State agency in charge at site of the building or work, or, if there is nor representative of a
Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor
or subcontractor, within such time, to a Federal or state agency contracting for or financing the building or
work. After such examination and check as may be made, such statement, or a copy thereof, shall be
kept available, or shall be transmitted together with a report of any violation, in accordance with applicable
procedures prescribed by the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years
from date of completion of the contract. The payroll records shall set out accurately and completely the
name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly
number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made
available at all times for inspection by the contracting officer or his authorized representatives of the
Department of Labor.
Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of this section
may be made without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as
Federal or State withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when
such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered
to have been made only when cash or its equivalent has been advanced to the person employed in such
manner as to give him complete freedom of disposition of the advanced funds.
(c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in
favor of the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists.
(d) Any deductions constituting a contribution on behalf of the person employed to funds established by
the employer or representatives of employees, or both, for the purpose of providing either form principal or
income, or both, medical or hospital care, pensions or annuities on retirement, death benefits,
*'*
compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the
foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit
of employees, their families and dependents: Provided, however, that the following standards are met:
"� ort
(1) The deduction is not otherwise prohibited by law; (2) it is either: (1) Voluntarily consented to by the
employee in writing and in advance of the period in which the work is to be done and such consent is not a
condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide
collective bargaining agreement between the contractor or subcontractor and representatives of its
employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or
subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the
deductions shall serve the convenience and interest of the employee.
3
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when
voluntarily authorized by the employee.
(f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in
credit unions organized and operated in accordance with Federal and State credit union statutes. —
(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental
or quasigovernmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee for the making of contributions to community
Chests, United Givers Funds, and similar charitable organizations.
(i) Any deduction to pay regular union initiation fees and membership dues, not including fines or special
assessments: Provided, however, that a collective bargaining agreement between the contractor or
subcontractor and representatives of its employees provides for such deductions and the deductions are
not otherwise prohibited by law.
Q) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the
requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this
title. When such a deduction is made the additional records required under Section 516.27(a) of this title
shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any
deduction not permitted under Section 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or
indirectly form the deduction either in the form of a commission, dividend, or otherwise'
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the
period in which the work is to be done and such consent is not a condition either for the obtaining of
employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between
the contractor or subcontractor and representatives of its employees; and
(d) The deduction serves the convenience and interest of the employee.
Section 3.7 Applications for the approval of the Secretary of Labor.
Any application or the making of payroll deductions under Section 3.6 shall comply with the requirements
prescribed in the following paragraphs of this section:
(a) The application shall be in writing and shall be addressed to the Secretary of Labor.
(b) The application shall identify the contract or contracts under which the work in question is to be
performed. Permission will be given for deductions only on specific, identified contracts, except upon a
showing of exceptional circumstances.
(c) The application shall state affirmatively that there is compliance with the standards set forth in the
provisions of Section 3.6. The affirmation shall be accompanied by a full statement of the facts indicating
such compliance.
(d) The application shall include a description of the proposed deduction, the purpose to be served
thereby, and the classes of laborers or mechanics form whose wages the proposed deduction would be
made.
POW
(e) The application shall state the name and business of any third person to whom any funds obtained
from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the
applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the requested deduction is permissible under
., provisions of Section 3.6; and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere for by this part and which are not found to be permissible under Section 3.6 are
prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional
forms of compensation for which deductions are permissible under this part. Not other methods of
payment shall be recognized on work subject to the Copeland Act.
Section 3.11 Regulations part of contract
All contracts made with respect to the construction, prosecution, completion, or repair of any public
a
building or public work or building or work financed in whole or in part by loans or grants from the United
States covered by the regulations in this part shall expressly bind the contractor or subcontractor to
comply with such of the regulations in this part as may be applicable. In this regard, see Section 5.5 (a) of
this subtitle.
5
No Text
,.WAIS Document Retrieval littp://neptune.fedworld.gov/cgi-bin...097323529+1+0+0&waisaction=rctrie
GENERAL DECISION TX000028 03/02/01 TX28
r
General Decision Number TX010028
Superseded General Decision No. TX000028
State: TEXAS
Construction Type:
HEAVY
HIGHWAY
County(ies):
ECTOR POTTER
LUBBOCK RANDALL
MIDLAND TAYLOR
TOM GREEN
HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not
include building structures in rest area projects).
1 �f 3
Modification Number Publication
Date
0 03/02/2001
COUNTY(ies):
ECTOR POTTER
TOM GREEN
LIIBBOCK RANDALL
MIDLAND TAYLOR
SUTX2037A 03/26/1998
Rates Fringes
ASPHALT HEATER OPERATOR
7.27
ASPHALT RAKER
7.27
CARPENTER
9.23
CONCRETE FINISHER -PAVING
9.90
P"'
CONCRETE FINISHER STRUCTURES
8.81
ELECTRICIAN
13.72
FLAGGER
6.56
FORM BUILDER -STRUCTURES
9.00
FORM SETTER - PAVING & CURB
8.30
FORM SETTER -STRUCTURES
8.83
LABORER -COMMON
6.79
LABORER UTILITY
8.46
MECHANIC
10.28
SERVICER
7.82
PIPE LAYER
8.70
ASPHALT DISTRIBUTOR OPERATOR
8.54
ASPHALT PAVING MACHINE
9.50
BROOM OR SWEEPER OPERATOR
7.17
BULLDOZER
8.74
SLIPFORM MACHINE OPERATOR
9.00
CRANE, CLAMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
9.67
FRONT END LOADER
8.09
MOTOR GRADER OPERATOR
FINE GRADE
11.58
MOTOR GRADER
10.47
PLANER OPERATOR
10.46
ROLLER, STEEL WHEEL PLANT
MIX PAVEMENTS
7.32
ROLLER, STEEL WHEEL OTHER,
FLATWHEEL OR TAMPING
6.79
ROLLER, PNEUMATIC SELF-PROPELLED
6.79
3/2/014:10 NN
f..4VA1S Document Retrieval
http://neptutle.fedworld.gov/cgi-bin...097323529+1+0+0&.waisaction=retrie,
SCRAPER 7.55
TRACTOR -CRAWLER TYPE 9.16
TRACTOR - PNEUMATIC 7.86
TRAVELING MIXER 8.46
REINFORCING STEEL SETTER
PAVING 10.00
REINFORCING STEEL SETTER
STRUCTURES 11.48
SPREADER BOX OPERATOR 7.33
WORK ZONE BARRICADE 6.79
TRUCK DRIVER -SINGLE AXLE LIGHT 6.91
TRUCK DRIVER -SINGLE AXLE HEAVY 8.20
TRUCK DRIVER -TANDEM AXLE SEMI
TRAILER 7.13
TRUCK DRIVER-LOWBOY/FLOAT 8.87
WELDER 11.83
-------------------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (v)) .
----------------------------------------------------------------
in the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
la
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
., for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
OA
n r, Z/')/ni .1.10 D4
WAIS Document Retrieval http://neptutte.fedworld.,aov/c.ai-bin... 097523529+1+0+0&waisaction=rctrie
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
*-� U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION.
..e
rF*
3 of 3 3/2/01 4: 10 P
No Text
COMMUNITY DEVELOPMENT PAVING PROJECT
in
CHAPEL HILL
TECHNICAL SPECIFICATIONS
STREET/DRAINAGE ENGINEERING
FEBRUARY 28, 2001
OF Thi►%I1
mom
�g,4•�,..l.....,�. 1
• • •ooleoll!•0000••w
LOUIS D. WOOD, JR.
y�'Po�••�P 60815
aAL�•.''.
22BP
_! lTTV f1LM T TT117)113l1!"T7
STREET / DRAINAGE ENGINEERING
STANDARD PAVING SPECIFICATIONS
CITY OF LUBBOCK
.
STREET/DRAINAGE ENGINEERING
STANDARD PAVING SPECIFICATIONS
TABLE OF CONTENTS
SECTION PAGE NUMBER
1.1
GENERAL
1
1.2
Specifications
1
1.3
Warranty and Acceptance
1
1.4
Testing and Inspection
2
1.5
Cleanup and Site Restoration
2
2.1
CONCRETE
2
2.2
Classification
2
2.3
Mix Design
3
2.4
Strength Requirements
3
2.5
Cement
4
K .
2.6
Aggregate
4
2.7
Water
4
Admixtures
5
2.9
Reinforcing Materials
5
2.10
Joints
6
2.11
Joint Sealing Materials
6
2.12
Curing Compounds
7
2.13
Forms for Concrete
7
2.14
Placing and Finishing Concrete
7
3.1
SUBGRADE
8
4.1
FLEXIBLE BASE (CALICHE)
9
4.2
Materials Tests
9
4.3
Flexible Base Construction
9
5.1
ASPHALT STABLIZED BASE (ASB)
10
5.2
ASB Mix design
10
5.3
Placing ASB
11
5.4
ASB Compaction
11
6.1
HOT MIX ASPHALT CONCRETE SURFACE (HMAC)
11
6.2
Mix Design
12
r
6.3
Coarse Aggregate
13
6.4
Fine Aggregate
13
6.5
Asphalt
14
6.6
Placing HMAC
14
6.7
Compaction
15
6.8
Prime and Tack Coats
16
6.9
Emulsified Asphalt Seal Coat
16
Poll
7.1
STORM SEWER
16
7.2
Reinforced Concrete Pipe
16
7.3
Mortar
17
7.4
Preformed Bituminous Gasket Joints
17
7.5
Manholes
17
7.6
Manhole Frames and Covers
18
7.7
Construction Methods
18
7.8
Excavation
19
7.9
Pipe Installation
20
7.10
Backfilling
21
7.11
Trench Protection
21
8.1
BARRICADES
21
9.1
WORKING DAYS
22
9.2
Definition of Working Days
22
10.1
MEASUREMENT AND PAYMENT
23
10.2
Curb and Gutter
23
10.3
Concrete Flat Slabs
23
10.4
Curb Ramps
23
10.5
Concrete Drainage Channel
23
10.6
Retaining Wall or Curb on Drain Channel or Curb Ramp
24
10.7
Concrete Median
24
10.8
Concrete Street Paving
24
10.9
Sawing and Sealing Joints
24
-
10.10
Storm Sewer Inlet Boxes and Manholes
24
10.11
Headwalls
24
bad
10.12
Storm Sewer Pipe
25
10.13
Extra Vertical Feet of Manhole
25
10.14
Curb and Gutter Removal
25
•
10.15
Concrete Slab Removal
25
10.16
2 Sack Flowable Fill
25
10.17
Asphalt Paving
25
10.18
Asphalt Paving Repair
26
10.19
Excavation and Grading
26
11.1
STANDARD DETAILS
26
Street Crown Elevations
1.4 TESTING AND INSPECTION
All work shall be inspected and/or tested by a representative designated by the Engineer, who
shall have the authority to halt construction when, in his opinion, construction is being performed
contrary to these specifications or associated plans. Whenever any portion of these
specifications or associated plans is violated, the Engineer may order that portion of construction
which is in violation to cease until such violation is corrected.
Contractor shall cooperate with the Engineer in providing for sampling and testing procedures.
1.5 CLEANUP AND SITE RESTORATION
After any construction covered by these specifications is completed, the Contractor shall remove
all equipment, surplus materials, and rubbish from the site. The contractor shall restore, all
disturbed areas to their original condition satisfactory to the Engineer.
2.1 CONCRETE
These specifications shall govern Portland cement concrete used for curb and gutter, valley
gutters, alley paving, sidewalks, street paving, drainage channels. The concrete shall be
produced at a Ready -Mix Concrete Batch Plant conforming to ASTM C 94. The concrete shall
be transported to the project location in approved Revolving Drum Agitator Trucks, and shall be
placed within one hour of mixing time. The concrete shall be continuously mixed during transit.
No patching of any nature shall be allowed in repairing any damage to concrete improvements.
Where damage occurs, the section shall be removed to the nearest joints and shall be replaced
with new construction.
All concrete shall have 5%, plus or minus 1-1/2%, air entrainment in conformance with ASTM C
260.
2.2 CLASSIFICATION
The following City of Lubbock classes of concrete shall be used:
Class A Curb and gutter, sidewalks, curb ramps, drainage channels, medians, inlet -
boxes, headwalls, junction boxes, driveways, and retaining walls.
Class B Alley returns and alley paving.
Class C Valley gutters, fillets, and concrete street pavement.
Class D LPL encasements
Class E Fast setting concrete pavement such as "Fast Track" Concrete Pavement
or, other special design.
2
a*►
2.3 MIX DESIGN
Twenty to thirty days prior to beginning any concrete construction the contractor shall submit the
following to the Engineer for approval:
1. Test certificates from an approved commercial testing laboratory on all proposed
aggregate. Certificates shall indicate material source, gradation, and loss from 5 cycle
Magnesium Sulfate or Sodium Sulfate test (not to exceed 18%)
2. A mix design based on water -cement ratio.
3. Results of compression tests in conformance with ASTM C 39 and/or flexural tests in
conformance with ASTM C 78, made by an approved commercial testing laboratory.
Tests shall be made on 6 cylinders and/or 6 beams at curing times appropriate to the class
of concrete.
The City Engineer will approve or reject the mix design and materials based on these submittals.
This approval shall be subject to additional testing during construction.
Mix designs for various classes of concrete shall conform to the following:
2.4 STRENGTH REQUIREMENTS
The various classes of concrete shall conform to the following strengths in psi as determined by
the average of two test cylinders or beams.
Minimum Sacks
Maximum Gal
Maximum Slump
Class
Cement per CY
Water per Sack
Inches
A
5.0
6.5
4
B
5.5
5.5
3
C
6.0
6.0
3
D
4.5
6.5
4
E
7.0
5.0
As specified by
concrete batch plant
2.4 STRENGTH REQUIREMENTS
The various classes of concrete shall conform to the following strengths in psi as determined by
the average of two test cylinders or beams.
3
- COMPRESSIVE
FLEXURAL
Class
3 Day 7 Day
28 Day
A
- 2100
3000
-
B
2500 3000
-
-
C
- 2500
3600
600 (28 day)
D
- -
2500
-
E
- -
-
Unless otherwise specified
500 (16 hr)
3
2.5 CEMENT
Cement shall be Type I, Type II, or Type III cements conforming to ASTM C 150 "Standard
Specification for Portland Cement". Air entrained cement shall be Type IA, Type IIA, or Type
IIIA conforming to ASTM C 175 "Specification for Adding Air Entraining to Portland Cement
and ASTM C 226 "Standard Specification for Air -Entraining Portland Cement.
2.6 AGGREGATE
Concrete aggregate shall consist of natural, washed and screened sand, and washed and screened
gravel or clean crushed stone conforming to ASTM C 33. The aggregates shall be well graded
from coarse to fine with a maximum size of 1-1/2 inches, and shall conform to ASTM C 136.
All aggregate shall be free of injurious amounts of clay, soft or flaky materials, loam, or organic
impurities.
Coarse aggregate for Class C or D concrete shall be crushed limestone ( Brownwood type or
equivalent).
Fine aggregate shall be graded from fine to coarse and shall conform to ASTM C 136. The
gradation for aggregate shall meet the following requirements by weight:
FINE AGGREGATE
Sieve Percent Retained
3/8 inch 0
No. 4
0-5
No. 16
20-55
No. 30
45-75
No. 50
70-90
No. 100
98-100
COARSE AGGREGATE
Sieve
1-3/4 inch
1-1/2 inch
3/4inch
3/8 inch
No. 4
Percent Retained
0-5
30-65
70-90
95-100
Maximum amounts of organic impurities shall conform to ASTM C 40 and ASTM C 87.
Maximum amounts of impurities finer than the #200 sieve shall conform to ASTM C 117.
Maximum amounts of soft particles shall conform to ASTM C 123. Maximum amounts of
friable particles shall conform to ASTM C 142.
Stockpiles shall be protected from dusty conditions by drift fences or other methods approved by
the Engineer. Stockpiling methods used shall not allow_ aggregate to roll down the slope as it is
added to existing stockpiles. Stockpiles shall be built in layers of uniform thickness. Equipment
shall not be permitted to operate over the same lift repeatedly.
2.7 WATER
Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts
of alkali, salts, or other chemicals and shall conform to AASHTO T26.
4
2.8 ADMIXTURES
Admixtures may be applied to the concrete mix design when approved by the Engineer to
achieve any desired special properties. Chemical admixtures shall conform to ASTM C 494.
F Chemical admixtures shall not be used as a substitute for Cement.
Mineral admixtures such as Fly Ash and Natural Pozzolans in conformance with ASTM C 618
` may be used with Types I, II, and III Portland Cement when approved by the Engineer. Only
Class C or Class F fly ash may be used.
When fly ash is used, "cement" in relation to mix design shall be defined as "cement plus fly
ash". Fly ash may constitute 20% to 30% by absolute volume of the cement as approved by the
Engineer.
«-� 2.9 REINFORCING MATERIALS
GENERAL - All concrete, except for curb and gutter, shall incorporate wire mesh or fiber
reinforcement, and/or other reinforcement as indicated on plan sheets. Metal reinforcement shall
be grade 40 (40KSI) unless indicated otherwise on plan sheets.
~^ All steel reinforcing materials shall be securely held in proper position with devices appropriate
to the type of reinforcement used, subject to approval by the Engineer.
STEEL - Wire mesh shall conform to ASTM A 185, and shall be 6"x 6"-10 gauge welded wire
fabric, or size as indicated on plan sheets. Reinforcing bars shall be open-hearth basic oxygen or
electric furnace new billet steel manufactured in accordance with ASTM A 615 and ASTM A
^' 305. Steel reinforcing materials stored at any location shall be protected from accumulations of
grease, mud or other foreign matter, and rust producing materials. When incorporated into
construction, steel reinforcement shall be free from rust, scale, oil, mud, and structural defects.
rte:
Dowels shall be smooth plain round bars free from burrs, rough surfaces, and deformations.
Sleeves or wrapping shall be as indicated on plan sheets.
Chairs shall be used to support the reinforcing steel in the correct position while concrete is
being placed. Chairs shall be made of steel, and shall be of adequate size to positively hold the
reinforcing in position.
FIBER - Fiber reinforcement may be used in place of wire mesh only if approved by the City
Engineer. Fiber reinforcement shall be 100% virgin polypropylene, collated, fibrillated fibers
specifically manufactured for use as concrete reinforcement, containing no reprocessed olefin
materials. The quantity of fiber reinforcement used shall be in conformance with the
manufacturer's recommendation or as directed by the Engineer.
5
The minimum physical characteristics on the fiber shall be as follows:
Specific Gravity 0.91
Tensile Strength 70,000 psi to 110,000 psi
Length 3/4"
2.10 JOINTS
Curb and gutter (Class A concrete)shall be constructed with an expansion joint at the tangent
point of each return at intersections and at intervals not more than 40 feet between the
intersections. The 40 foot intervals may be omitted for machine placed curb and gutter.
Construction joints formed by removable metal templates accurately shaped to the cross-section
of the curb and gutter shall be located at the midpoint of each section between expansion joints,
or as directed by the Engineer. Tooled contraction joints, cut at least one quarter the concrete
depth, shall be placed at 10 foot intervals.
Alley paving (Class B concrete) shall be constructed with an expansion joint at each cold joint
and at intervals of 39 feet. Tooled contraction joints, cut 1/2 inch wide 2 inches_ deep, shall be
placed at 13 foot intervals. Alley paving contraction joints shall be sealed with an asphaltic
sealer.
Street Paving (Class C or D concrete) shall be constructed with contraction and expansion joints
as indicated on plan and detail sheets. Unless otherwise specified, the joints shall be sawed 1/2
inch wide and to depth equal to 1/4 of the pavement thickness plus one half inch. Joints shall be
saw cut within 12 hours of placement of the concrete paving. The joints shall be sealed with the
specified elastomeric system.
2.11 JOINT SEALING MATERIALS
Bituminous premolded expansion joint material shall conform to ASTM D 1751; and shall be
placed as indicated on plan sheets or elsewhere in these specifications.
Elastomeric sealant for contraction joints shall be, or shall be equivalent to, W.R. Meadows
"SOF-SEAL" or "GARDOX" as required by plan sheets. Hot poured sealant for joints between
Portland cement concrete and Bituminous concrete shall conform to ASTM D 3405. Hot poured
joint sealant for all other joints in Portland cement concrete pavement, shall conform to ASTM D
3406. Cold poured joint sealant shall conform to ASTM C 920.
Elastomeric joint sealant shall be mixed and applied in accordance with the manufacturer's
recommendations. Prior to application, joints shall be cleaned by sandblasting and otherwise
prepared so that the sealant adheres to the surfaces to form an effective seal against moisture and
solid particles. The sealant shall be a soft, highly flexible, rubber like material after curing
which shall not track, flow, crack, or break when exposed to hot and cold temperature extremes
typical of local conditions.
Backer rod used with elastomeric sealant shall be 25% greater in diameter than the joint width.
2
It shall be made of polyethylene foam or other material as recommended by the sealant
manufacturer. Compression of the backer rod material shall be approximately 25% shrinkage at
S psi applied stress. The material shall not melt, shrink, evaporate, or absorb water, and shall be
compatible with the application of the sealant to be used.
2.12 CURING COMPOUNDS
All fresh concrete surfaces shall be completely covered with a liquid membrane forming curing
..: compound and the application shall conform to ASTM C 309 and TxDOT Item "Membrane
Curing".
No other methods of moisture retention on fresh concrete shall be used unless specifically
approved by the Engineer.
0- 2.13 FORMS FOR CONCRETE
Forms for concrete construction shall be set to the lines and grades established by the Engineer
�- after subgrade has been prepared. The forms shall be held together and in place in such a
manner that they will not move during the placing and working of the concrete. The forms shall
be cleaned and oiled prior to placing concrete. Face forms and construction joints (removable
metal plates) shall be set to hold the concrete in place until it is to be finished.
Forms that are warped or damaged in any manner so as to make them unacceptable to the
*^ Engineer shall not be used.
Forms for radii shall be set in the same manner as straight forms, and shall be set to produce
curves true to the plans. Face forms will not be required for curb and gutter on radii if a true
section can be obtained by other methods acceptable to the Engineer.
2.14 PLACING AND FINISHING CONCRETE
Concrete shall be placed as close to its proper location as practical. Sufficient concrete shall be
placed to allow for shrinkage and extra material for finishing. The concrete shall be floated and
troweled to the approximate section. No water shall be added during placement or finishing
of any concrete, unless specifically authorized by the Engineer.
For curb and gutter, removal of face forms and finishing shall be started after a partial set occurs.
For all concrete construction approved forms, templates, and tools shall be used to form the
cross-sections indicated on plan or detail sheets.
Concrete shall not be placed when the ambient temperature is below 40 degrees F as determined
by the National Weather Service continuous broadcast. Concrete shall not be placed on frozen
subgrade. The contractor shall have available sufficient covering material, approved by the
Engineer, to immediately protect concrete placed less than 6 hours should the air temperature fall
below 33 degrees F. This protection shall remain it place as long as the temperature continues
below 32 degrees, to a maximum of 5 days. No salt or other chemical admixtures shall be added
to the concrete to prevent freezing.
7
All concrete placed for pavement shall be consolidated by use of mechanical vibrators approved
by the Engineer and designed to vibrate the concrete internally. Vibrators shall be operated in a
manner not to interfere with joints, and shall not come in contact with forms. The surface of
concrete street paving shall incorporate a heavy broom finish, or tined finish if indicated on
plans. All other concrete surfaces shall be completed with a light broom finish.
Finished concrete surfaces shall not have irregularities in excess of 1/8 inch when tested with a
10 foot straightedge. Prior to acceptance, the contractor shall apply sufficient water to all
concrete and paving to determine locations of ponding. Ponded areas shall be removed and
replaced. Any concrete construction damaged by equipment, tools, vandals, or other influences
shall be replaced at the contractor's expense.
3.1 SUBGRADE
Subgrade material for concrete or asphalt construction shall consist of suitable native soil or off
site soil, free from vegetation or other objectionable matter. All unstable or objectionable
material shall be removed from the subgrade and replaced with approved material. The material
shall be suitable for forming a stable embankment and shall meet the following requirements:
Liquid Limit 45 max.
Plasticity Index 15 max.
Linear Shrinkage 2 min. - 10 max.
Subgrade material which does not meet the above requirements may be conditioned with lime or
caliche screenings. The conditioning shall produce a uniform subgrade material which meets all
of these specified subgrade requirements
Subgrade shall be prepared in conformance with the lines and grades shown on the plans, or as
directed by the Engineer, by scarifying and compacting to a minimum of 95% of
Standard Proctor Density at a moisture content 1% to 2% below optimum. Subgrade shall be
constructed in maximum of 6 inch lifts. The total thickness of the subgrade shall be 6 inches
minimum for streets 36 foot wide or less, 12 inches minimum for streets greater than 36 foot, or
as indicated on plan sheets.
The compaction method for subgrade shall provide for each lift to be compacted to the specified
density using appropriate equipment. After each section of subgrade is complete, tests as
determined necessary by the City Engineer will be made by the City of Lubbock Testing Lab
with respect to moisture and density using nuclear testing equipment. At any time the City
Engineer may require may order proof rolling to test the uniformity of compaction.
Any fill placed within existing or proposed street right of way in execution of an approved cut
and fill plan shall meet these requirements for materials and construction.
Subgrade not covered with base material within 7 days of completion may be subject to retesting
and reprocessing as determined by the Engineer.
8
awk
4.1 FLEXIBLE BASE (CALICHE)
The material for flexible base shall consist of crushed caliche (limestone, calcareous clay
` particles, conglomerate, gravel, sand, or other approved granular materials) produced from
oversize quarried aggregate, sized by crushing and produced,. from a naturally occurring single
source. No blending of sources and/or additive materials will be allowed. The material source
shall be subject to approval by the Engineer. If material characteristics within the approved
source change, the material shall be subject to retesting and re-approval prior to continued use.
... The Contractor shall not change material sources without approval by the Engineer.
All base material sources are subject to approval by the Engineer. Approved sources that do not
test consistently within the limits of these specifications during construction may be rejected by
the Engineer.
•-. 4.2 MATERIAL TESTS
Flexible base material shall conform to the following test requirements:
Sieve Analysis
Sieve Size 2-1/2" 1-3/4" 7/8" 1/2" #4 #40
%Retained 0 0-10 10-35 30-50 45-65 70-85
Atterberg Limits
Material passing the No. 40 Sieve shall be known as "Soil Binder" and shall meet the following
requirements:
+ Liquid Limit 45 max.
Plasticity Index 15 max. & 3 min.
Linear Shrinkage 10 max.
Wet Ball Mill
When tested in accordance with Tex- 116-E (Wet Ball Mill) the material shall have a value not to
exceed 55.
4.3 FLEXIBLE BASE CONSTRUCTION
Areas behind curbs shall be backfilled and leveled with approved topsoil prior to placing base
material.
Approved flexible base material shall be hauled in vehicles of uniform capacity and dumped
evenly along the project length for processing and compaction. Processing shall be
accomplished in multiple lifts of 3 inches compacted thickness. Each course shall be wetted and
rolled as required to produce a uniform compaction of 95% of Standard Proctor Density at a
moisture content 1% to 2% below optimum.
Completed flexible base shall be cured for at least 7 days before finishing. During the curing
E
period the street may be opened to traffic. The base shall be maintained by blading, watering, or
other methods until the wearing surface is placed.
The compacted flexible base shall be finished and shaped immediately proceeding the
application of the surface treatment. All loose or unconsolidated material shall be removed and
the surface moistened and rolled with a steel wheel roller. All irregularities, depressions, or
weak spots which develop shall be corrected by scarifying, adding or removing material as
required, reshaping, and recompacting, or other methods approved by the Engineer.
Any deviation in the surface of the finished base in excess of 3/8 inch from the established grade
or true cross-section, using a 10 foot long straight edge, shall be corrected as provided above.
5.1 ASPHALT STABILIZED BASE (ASB)
Asphalt stabilized base shall consist of a compacted mixture of graded gravel aggregate and
asphalt cement mixed hot in a mixing plant in accordance with these specifications. Unless
otherwise specified, the materials and construction shall conform to TxDOT Item "Asphalt
Stabilized Base" (Plant Mix). The contractor's plant and equipment are subject to approval by
the Engineer, and shall be appropriate and in suitable condition to produce the base material
consistently in compliance with these specifications.
Samples of the compacted ASB will be removed by City personnel from locations designated by
the Engineer to determine composition, compaction, thickness, and density. The contractor shall
replace the pavement removed from core holes at not cost to the City. ASB found to be deficient
in composition, compaction, thickness, or density shall be corrected at the contractor's expense
as directed by the Engineer.
5.2 ASB MIX DESIGN
The contractor shall provide a current mix design using the approved materials indicating
gradation and optimum asphalt content. The aggregate mixture shall conform to the following
master gradation:
Sieve Size 1-1/2" 3/4" 1/2" #4 #40
Percent Retained by Weight 0 8-30 30-55 50-70 70-90
Material passing the #40 sieve shall be known as soil binder and shall meet the following
requirements:
Liquid Limit shall not exceed 45
Plasticity Index shall not exceed 15
Linear Shrinkage shall not exceed 5
The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill
for mixing with asphalt.
10
The ASB mixture shall consist of a uniform mixture of mineral aggregate and asphaltic material.
The mineral aggregate shall conform to the gradation requirements specified. The percent
asphaltic material shall be determined in accordance with Test Method Tex. -126-E or Test
Method Tex. -204-F and procedures outlined in TxDOT Bulletin C-14. In no case shall the
asphalt content be less than 4% or more than 9% by weight. Asphalt for the mixture shall meet
the requirements of TxDOT Item "Asphalt, Oils, and Emulsions". The grade of asphalt and
source must be approved by the Engineer prior to use.
The contractor shall submit the mix design prepared by a qualified lab for approval by the
Engineer. The Engineer will approve the asphalt content to be used in the mixture after design
tests have been made with the aggregate to be used. The asphalt content of the production
mixture shall not vary from the design more than 0.2% dry weight based on total mixture.
5.3 PLACING ASB
ASB shall be placed and compacted in 3 inch lifts, unless otherwise directed by the Engineer.
Prior to placing ASB, the subgrade shall be prepared as previously specified The cross-section
shall be constructed to form the specified crown on the HMAC surface at the centerline of the
street, or as indicated on the plans.
ASB shall not be placed when the air temperature as reported by the National Weather Service is
below 45 degrees F and falling. Any ASB material that is 25 degrees F or more below the
temperature approved by the Engineer shall be rejected. No payment will be made for any
rejected material.
The ASB material shall be dumped and spread on the approved prepared surface using an
approved spreading machine. The material shall be placed in such a manner that when properly
compacted the finished course is smooth, of uniform density, and in conformance with the
cross-sections and grades shown on the associated plans.
5.4 ASB COMPACTION -
The ASB shall be compacted thoroughly and uniformly with approved rollers. Rolling shall be
continued until no further increase in density can be obtained and all roller marks are eliminated.
Compaction shall be completed before the ASB mixture cools below 185 degrees F.
The compacted ASB shall conform the cross-sections, lines, and grades shown on the plans or as
directed by the Engineer. The surface shall be smooth and have a uniform texture acceptable to
the Engineer.
6.1 HOT MIX ASPHALT CONCRETE SURFACE (HMAC)
Hot mix asphalt concrete surface shall consist of a compacted mixture of coarse aggregate, fine
aggregate, mineral filler (if required), and asphalt cement mixed hot in a mixing plant in
accordance with these specifications. Unless otherwise specified, the materials and construction
shall conform to TxDOT Item "Hot Mix Asphalt Pavement".
11
The contractor's plant and equipment are subject to approval by the Engineer, and shall be
appropriate and in suitable condition to produce the HMAC surface consistently in compliance
with these specifications. Approval of the source and character of the materials shall be obtained
from the Engineer prior to use.
The combined mineral aggregate, after final processing by the mixing plant and prior to addition
of asphalt and mineral filler, shall have a sand equivalent value of not less than 45 when tested in
accordance with Test Method Tex 203-F. The percent of flat, elongated slivers of stone for any
aggregate shall not exceed 25% when tested in accordance with Test Method Tex 224-F.
Asphaltic mixtures shall be conditioned with either lime or liquid anti -stripping agent approved
by the Engineer. Anti -stripping agents shall meet requirements of TxDOT Item "Asphalt Anti -
stripping Agents".
Samples of the HMAC surface will be removed by City personnel from locations designated by
the Engineer to determine composition, compaction, thickness, and density. The contractor shall
replace the pavement removed from core holes at not cost to the City. HMAC surface found to
be deficient in composition, compaction, thickness, or density shall be corrected at the
contractor's expense as directed by the Engineer.
6.2 MIX DESIGN
Type "D" HMAC shall be used on streets 36 feet or less in width. Type "C" HMAC shall be
used on streets greater than 36 feet in width. The contractor shall provide a current HMAC mix
design using the approved materials indicating gradation and optimum asphalt content. The
aggregate mixture shall conform to the following master gradation:
Tvne "C" (Coarse Graded Surface Course - Streets greater than 36 feet wide
Percent passing 7/8"
100
Percent passing 5/8"
98-100
Percent retained on 3/8"
12-25
Percent retained on No. 4
15-30
Percent retained on No. 10
12-30
Total percent retained on No. 10
53-65
Percent retained on No. 40
10-20
Percent retained on No. 80
5-15
Percent retained on No. 200
5-15
Percent passing No. 200
1-6
TVDe "D" ( Fine Graded Surface Course - Streets 36 feet or less wide
Percent passing 5/8"
100
Percent retained on 3/8"
0-15
Percent retained on No. 4
30-50
Percent retained on No. 10
12-30
Total Retained on No. 10
53-65
12
Percent retained on No.40 10-20
Percent retained on No. 80 5-15
Percent retained on No. 200 5-15
Percent passing No. 200 1-6
Material passing the No. 40 sieve shall be known as soil binder and shall meet the following
requirements:
,�.. Liquid Limit shall not exceed 45
- Plasticity Index shall not exceed 15
Linear Shrinkage shall not exceed 5
The mineral aggregate shall not contain more than 0.5% moisture prior to entering the pugmill
for mixing with asphalt.
The HMAC mixture shall consist of a uniform mixture of mineral aggregate and asphalt
material. The percent asphalt in the mixture shall be determined to meet the Marshall Stability
criteria as follows:
Marshall Criteria Type "C" Type "D"
No. Blows (each end of specimen) 75 50
Stability (Lb.) 1500 1200
Flow (units of 0.01 inch) 8 min 16 max 8 min 18 max
Percent Air Voids 2 min 5 max 3 min 6 max
6.3 COARSE AGGREGATE
ro
The coarse aggregate shall be the material retained on a No. 10 sieve, and shall consist of clean,
tough, durable fragments of crushed stone of uniform quality. Mixing or combining of crushed
gravel and crushed stone will not be permitted. Coarse aggregate shall be crushed to the extent
that produces a minimum of 50% crushed faces for Type "D" HMAC, and 85% crushed faces for
Type "C" HMAC, when tested in accordance with Test Method Tex 413-A.
Coarse aggregate shall have a maximum loss of 25% when subjected to 5 cycles of the
Magnesium Sulfate Soundness Test ASTM C-88. The amount of organic matter, clays, loams,
or particles coated therewith, or other undesirable materials shall not exceed 2 percent. When
subjected to the Los Angeles Abrasion Test, the coarse aggregate shall not have a loss greater
than 40 percent by weight.
6.4 FINE AGGREGATE
The fine aggregate shall be that part of the material passing the No. 10 sieve and shall consist of
sand and/or screenings. The plasticity index of that part of the sand passing the 40 sieve shall
not exceed 6. The plasticity index of the screenings shall not exceed 9.
13
Sand shall be composed of durable stone particles free from injurious foreign matter. Screenings
shall be of the same or similar material as specified for coarse aggregate.
Mineral filler shall consist of thoroughly dry stone dust, slate dust, Portland cement or other
material dust approved by the Engineer. The mineral filler shall be free of foreign and other
injurious matter and shall meet the following gradation:
Percent by Weight Retained on No. 30 Sieve 0
Percent by Weight Retained on No. 80 Sieve 10 maximum
Percent by Weight Retained on No. 200 Sieve 35 maximum
6.5 ASPHALT
Asphalt shall be performance grade 64-28 S or L. The contractor shall notify the Engineer of the
source of asphaltic material for approval prior to production of the asphaltic mixture. The
optimum asphalt content shall be determined by the Marshall Stability method. The percent
asphalt content in HMAC surface shall be optimum as indicated by Marshall Stability for streets
for Type "C" HMAC, and optimum plus 0.5 percentage point for Type "D" HMAC. The asphalt
content of the paving mixture shall not be below optimum, or vary from the specified design
asphalt content by more than plus 0.3 percent dry weight, based on total mixture.
6.6 PLACING HMAC
HMAC surface shall be placed and compacted to a density of 95 to 100 percent of that density
developed in the laboratory test method of molding stability specimens, with a minimum
compacted thickness of 1-1/2 inches. The pavement shall be constructed on the previously
approved base.
Air temperature requirements for placing HMAC shall be as follows:
November 1 to April 1
HMAC shall not be placed when the air temperature is below 55 degrees F and falling. HMAC
may be placed when the air temperature is above 50 degrees F and rising.
April 1 to November 1
HMAC shall not be placed when the air temperature is below 50 degrees F and falling. HMAC
may be placed when the air temperature is above 45 degrees and rising.
Air temperature shall be determined by the National Weather Service hourly report. If the
temperature of any HMAC, measured while passing through the lay down machine, is 25 degrees
F less than the mixing temperature, it shall be rejected. No payment will be made for rejected
material.
The asphaltic mixture shall be dumped and spread on the approved prepared surface using an
approved spreading and finishing machine. The material shall be placed in such a manner that
when properly compacted the finished course is smooth, of uniform density, and in conformance
with the cross-sections and grades shown on the associated plans.
14
W
A level up course, 1/2 inch or more in thickness, shall require the use of ASB or a coarse grade
of HMAC approved by the Engineer.
When the asphaltic mixture is placed in a small area where use of a finishing machine is not
practical, the contractor may use other methods approved by the Engineer provided a satisfactory
surface can be obtained.
Adjacent to curbs gutters or other flush structures, the surface shall be finished uniformly high so
�-. that when compacted it will be 1/4 inch above the curb or structure.
All joints shall present the same texture, density, and smoothness as other sections of the course.
The joints between old and new pavements or between successive day's work shall be' made to
insure a continuous bond between the old and new sections of the course. The transverse edges
of old pavement and, if required by the Engineer, the successive day's pavement shall be cut
with an approved concrete saw to expose an even vertical surface for the full thickness of the
course. All contact surfaces of previously constructed pavement shall be painted with a thin
uniform coat of hot Bituminous material before the fresh mixture is placed.
6.7 COMPACTION
The pavement shall be compacted thoroughly and uniformly to a density of 95 to 100 percent of
that density developed in the laboratory Marshall test method of molding stability specimens
using appropriate rollers approved by the Engineer. At a minimum one tandem roller weighing
not less than 8 tons, two pneumatic rollers with a weight capable of being uniformly varied from
275 to 550 psi per inch width of tire tread, and one three wheel roller weighing not less than 10
tons shall be provided for each job. Additional rollers shall be provided by the contractor if
needed.
Rolling with three wheel and tandem rollers shall start longitudinally at the sides and proceed
01` toward the center of the pavement, overlapping on successive trips by at least half the width of
the rear wheels. Alternate trips of the roller shall be slightly different in length. On super -
elevated curves rolling shall begin at the low side and progress toward the high side.
Rolling with pneumatic rollers shall be done as directed by the Engineer and shall be continued
until required compaction is obtained and all roller marks are eliminated.
The motion of the rollers shall be slow enough to avoid displacement of the mixture. Rollers
shall not be permitted to stand on pavement which has not been fully compacted. Any
displacement of the mixture shall be corrected immediately by the use of rakes and fresh mixture
where required.
Gasoline, oil, grease, solvents, or other foreign matter shall not be permitted to fall on the
pavement when rollers are in operation or standing.
` Places inaccessible to the rollers may be compacted using lightly oiled tamps. Trenches and
other limited areas where required compaction cannot be obtained using a three wheel roller shall
be compacted with a trench type roller.
15
I.
The surface of the pavement after compaction shall be smooth and true to the established line,
grade, and cross-section. When tested with a 10 foot straight edge placed parallel to the
centerline of the roadway, or other means acceptable to the Engineer, the maximum deviation
shall be not exceed 1/8 inch in 10 feet. An acceptable 10 foot straight edge shall be provided by
the contractor. Any point in the surface not meeting this requirement shall be corrected as
directed by the Engineer. When placed on existing surfaces, the 1/8 inch maximum deviation
requirement may be waived by the Engineer.
6.8 PRIME AND TACK COATS
Prior to placing HMAC on flexible base, the surface shall be primed using an application of 0.25
gallons per square yard of MC asphalt.
Before any asphaltic mixture is laid, the surfaces against which the pavement are to be placed
shall be cleaned to the satisfaction of the Engineer. The surfaces shall be given a uniform
application of tack coat using asphaltic materials of this specification. The tack coat shall be
applied as directed by the Engineer with an approved sprayer. Where the pavement mixture will
adhere, as determined by the Engineer, to the surfaces on which it is to be placed without the use
of a tack coat, the Engineer may waive the requirement for the tack coat. All contact surfaces of
curbs, structures, and joints shall be painted with a thin uniform tack coat. The tack coat shall be
rolled with a pneumatic tire roller as directed by the Engineer.
The asphaltic material for tack coat shall meet the requirements for Cut -Back Asphalt RC -2, or
shall be a Cut -Back Asphalt made by combining 50 to 70 percent by volume of the asphaltic
material as specified for the paving mixture with 50 to 30 percent by volume of gasoline and/or
kerosene. If RC -2 Cut -Back Asphalt is used, it may, upon direction from the Engineer, be
diluted by addition of an approved grade of gasoline and/or kerosene, not to exceed 15 percent
by volume.
6.9 EMULSIFIED ASPHALT SEAL COAT
All HMAC surface courses shall be sprayed with an emulsified asphalt sealer consisting of a
15/85 mixture of an MS -2, or 20/80 SS -1, liquid anionic asphalt and distilled water. The
emulsified asphalt sealer shall be applied after the HMAC surface has cooled to below 70
degrees F, and shall be applied at a rate of 0.10 to 0.12 gallons per square yard of surface.
7.1 STORM SEWER
Storm sewer shall include installation of pipe, manholes, inlet structures and outlet structures.
Contractor shall use only materials, tools, methods, and equipment considered standard by the
pipeline construction industry, and approved by the Engineer. Grade and horizontal alignment
shall be maintained using a laser or batter boards.
7.2 REINFORCED CONCRETE PIPE
Storm sewer shall be constructed using reinforced concrete pipe, either precast or cast in place.
The pipe shall conform to the requirements of AASHTO M-170 or ASTM C-76. Pipe shall be
16
Class III unless otherwise noted on plan sheets.
._ 7.3 MORTAR
Mortar shall be used for caulking and filling between pipe and drainage structures. Mortar shall
be composed of 1 part, by volume, of Portland cement and 2 parts of mortar sand. The Portland
cement shall conform to the requirements of ASTM C-150, Type I.
The sand shall conform to the requirements of ASTM C-144. Hydrated lime may be added to
the mixture of sand and cement in an amount equal to 15% of the weight of cement used. The
hydrated lime shall meet the requirements of ASTM C-6.
Mortar which has not been used after 45 minutes of having water added shall be discarded.
Mortar may not be retempered by having water added.
7.4 PREFORMED BITUMINOUS GASKET JOINTS
Preformed bituminous gaskets for concrete non -pressure pipe shall conform to the requirements
of Fed. Spec. SS -S-00210 (GSA -FSS), and shall be Ram-Nek or approved equal. Gaskets shall
be installed in accordance with manufacturer's recommendations and shall form a water -tight
joint.
7.5 MANHOLES
Manhole barrel, cone and extension sections shall be constructed of precast concrete. A plant
inspection may be required for production facility inspection and to review record-keeping for
material certification.
The manufacturer must provide certification that all materials used for manufacturing meet with
the following ASTM Specifications:
Aggregates
ASTM
C-33
Cement
ASTM
C-150
Sampling Specimens
ASTM
C-39
Reinforcing
ASTM
C-185
Sand and Mortar
ASTM
C-144
Precast concrete sections for manholes shall conform to ASTM C-478 specifications.
Compressive strength test results must verify concrete strengths meet or exceed 4,000 psi.
Aggregate shall be crushed limestone and shall conform to ASTM C-33 specifications.
Joints, excepting grade rings, shall be tongue and groove or an equivalent male and female type
joint as approved by the Engineer. All joints shall be effectively jointed to prevent leakage and
infiltration. All connections between wall sections shall be joined with Conseal Joint Sealant or
approved equal to provide a watertight manhole. This sealant will be provided by supplier and
will be considered an essential part of each shipment.
,�
17
All cones and adjusting rings shall maintain a clear 24"_ opening. Adjusting rings shall be
reinforced with the same percentage of steel as risers and tops and will also meet ASTM C-478
specifications. Adjusting rings, as well as all precast concrete manhole products, shall be
smooth, uniform in size and dimensions, consistent in components throughout and free of voids
or honeycombs.
All manholes shall be designed to withstand H-20 AASHTO loading. They shall also have
lifting holes that do not protrude through manhole wall; one full inch of concrete thickness must
remain between lift hole and outside wall of manhole.
Manhole barrels shall be assembled of precast riser section. Riser sections and top cone sections
shall be placed vertically with tongues and grooves properly keyed.
Invert channels shall be smooth and semi -circular in shape conforming to the inside of the
adjacent pipe section. Changes in direction of flow shall be made with a smooth curve of as
large a radius as the size of the manhole with permit. Changes in size and grade of the channels
shall be made gradually and evenly. The invert channels may be formed directly in the concrete
of the manhole base or may be half -pipe laid in concrete. The floor of the manhole, outside the
channel shall be smooth and shall slope toward the channel not less than one inch per foot, nor
more than two inches per foot.
All connections between the riser or base sections and the sewer pipe shall be joined in such a
manner as to make the manholes watertight. Preformed rubber waterstop gaskets cast into the
riser or base section are acceptable. Preformed flexible plastic sealing compounds equivalent to
"Ram-nek" or "Kent Seal" may be used provided a watertight seal is achieved.
Adjusting rings may be used for adjusting the top elevation, except that the total height of the
adjusting rings shall not exceed 12 inches at any manhole. Concrete shall be placed around and
under the rings to provide a seal and seat the ring at the proper elevation. Each manhole shall
have a minimum of 6 inches of grade adjustment.
7.6 MANHOLE FRAMES AND COVERS
Manhole frames and covers shall be of good quality gray iron casting and conform to ASTM A-
48, having a clear opening of not less than 22 inches. The casting shall be designed with a full
bearing ring so as to provide a continuous seat between frame and cover. The cover shall be
furnished with lifting ring cast into the cover in such manner as to prevent water leaking through.
Frame and cover shall have a weight of not less than 275 pounds. The manhole ring and cover
shall be Western Iron Works #40 or approved equal.
7.7 CONSTRUCTION METHODS
All equipment necessary and required for the proper construction of storm sewers, manholes and
culverts shall be on the project, in first-class working condition, and approved by the Engineer
before construction is permitted to start. If precast concrete pipe or manhole sections are used,
the Contractor shall provide appropriate hoisting equipment to handle the pipe or sections while
unloading and placing it in its final position without damage to the pipe.
18
The Contractor shall provide hand tampers and pneumatic tampers to obtain the required
compaction of the pipe bed, the manhole bed and the backfill, as specified.
7.8 EXCAVATION
,.,. The Contractor shall do all excavation to the depth shown on the plans. Where rock, or soil
containing rocks or gravel, hard pan or other unyielding foundation material is encountered in
trench excavation, the pipe shall be bedded in accordance with the requirements of one of the
classes of bedding but with the following additions: The hard unyielding material shall be
excavated below the elevation of the bottom of the pipe or pipe bell to a depth of at least 8 inches
or 1/2 inch for each foot of fill over the top of the pipe, whichever is greater, but not more than
r three-fourths the nominal diameter of the pipe. The cushion shall consist of a fine compressive
material, such as silty clay or loam, lightly compacted, and shaped as required for the specified
class of bedding. The cost of furnishing and placing the cushion material shall be included in the
�- bid price per linear foot of pipe in place. The bottom of the trench shall be excavated to a
horizontal section as far as practicable. Excavated material not required or acceptable for
backfill shall be disposed of by the Contractor as directed by the Engineer. Excavation shall not
be carried below the required depth; but when it is, the trench shall be backfilled at the
Contractor's expense with material approved by the Engineer and compacted to the density of the
surrounding earth material as determined by AASHTO T-180.
When directed, unstable soil shall be removed for the full width of the trench and replaced with
sand or with approved granular material. The Engineer shall determine the depth of removal of
�* unstable soil and the amount of backfill necessary. The backfill shall be compacted and shaped
to a firm but slightly yielding condition to form the bed for the pipe.
Grades for pipe shall be as shown on the drawings. No changes in grade will be made unless so
directed by the Engineer.
The minimum width of the trench at the top of the pipe, when placed, shall be a width which will
permit the proper construction of joints and compaction of backfill around the pipe. The sides of
the trench shall be vertical, unless otherwise approved by the Engineer. The maximum allowable
width of the trench shall not exceed the widths shown below unless otherwise approved by the
Engineer.
NOMINAL SIZE MINIMUM TRENCH WIDTH MAXIMUM TRENCH WIDTH
OF PIPE AT PIPE SPRINGLIKE AT TOP OF PIPE
Less than 18" Pipe O.D. + 12" Pipe O.D. + 18"
18" thru 36" Pipe O.D. + 18" Pipe O.D. + 24"
37" thru 60" Pipe O.D. + 24" Pipe O.D. + 30"
The width of the trench above the top of the pipe may be as wide as necessary for shoring,
bracing or proper installation of the pipe. Excavation in paved areas shall be confined to a
minimum practical width. The bed for pipe shall be so shaped that at least the lower quarter of
' the pipe circumference shall be in continuous contact with the bottom of the trench.
The excavation for the manhole shall be essentially the same as that for the piping. The sides of
19
the excavation shall be vertical unless otherwise approved by the Engineer.
The Contractor shall do such trench bracing, sheathing or shoring necessary to perform and
protect the excavation as required for safety and conformance to applicable laws and regulations.
The bracing, sheathing, or shoring shall not be removed in one operation but shall be done in
successive stages to prevent overloading of the pipe during backfilling operations. The cost of
the bracing, sheathing, or shoring and the removal of same, shall be included in the unit price bid
per foot for the pipe.
7.9 PIPE INSTALLATION
The Contractor shall provide the appropriate tools and methods to insure installation of the pipe
to line and grade, as shown on the drawings. The Contractor's facilities for lowering precast pipe
into the trench shall be such that neither the pipe nor the trench will be damaged or disturbed.
The Engineer shall inspect all precast pipe before it is placed. Any section that is damaged by
handling or is defective to a degree which in the opinion of the Engineer will materially affect
the function and service of the pipe shall be rejected and removed from the job site. -
Installing the precast pipe in the finished trench shall be started at the lowest point and is laid
upgrade. For tongue and groove precast pipe, the grooved end shall be laid upgrade.
The pipe shall be firmly and accurately installed to line and grade so that the invert will be
smooth and uniform. The pipe shall be protected from water during placing and until the
concrete, in cast -in-place pipe, or the mortar, in the joints of precast or cast in place pipe, has
thoroughly set. The contractor shall provide temporary diversions as necessary to prevent
surface water flow into the excavation.
Pipe shall not be laid or installed on frozen ground.
Pipe which is not true in alignment, or which shows any change in grade after laying or
installing, shall be taken up and re-laid or re -installed without extra compensation.
Mortar shall be used for caulking and filling between the pipe and the drainage structures.
Mortar that is not used within 45 minutes after water has been added shall be discarded.
Retempering of mortar shall not be permitted. Pipe joints for precast concrete pipe shall be of
the tongue and groove type. The joints shall be of a watertight joint. Each joint shall be sealed
with a preformed bituminous gasket as specified. The gasket shall be installed as recommended
by the pipe manufacturer.
Field poured concrete bases shall be at least 12 inches thick and not less than 1 (one) foot greater
diameter than the outside diameter of the manhole riser section. Concrete shall be Class A at a
minimum 3000 psi 28 day compressive strength. Concrete placement shall conform to ACI and
good construction practices. Concrete shall be consolidated and struck -off to a horizontal
surface within the forms or pouring rings.
Field poured concrete bases shall be reinforced as detailed on the Plans or as shown in the
20
p
Standard Details. The manhole shall be constructed to ASTM C-891 standards.
Precast reinforced concrete bases shall be of the size and shape detailed on the Plans or as shown
in the Standard Details.
,.. 7.10 BACKFILLING
All trenches and excavations shall be backfilled as the pipes and manholes are installed, unless
,., other protection is directed. Outside of street right of way the backfill material shall be selected
granular material from excavation or borrow; material which is placed at the sides of the pipe
and manhole and 1 foot over the top shall be material which can be readily compacted. It shall
not contain stones retained on a 2 -inch sieve, frozen lumps, chunks of highly plastic clay, or any
other material which is objectionable to the Engineer. The Material shall be moistened or dried,
if necessary, to be compacted by the method in use. Backfill material shall be approved by the
Engineer.
The backfill shall be placed in loose layers not to exceed 6 inches in depth along each side of the
pipe and manhole. Special care shall be taken to secure thorough compaction under the
haunches and at the sides of the pipe and manhole. This backfill shall be brought up evenly on
each side of the structure to an elevation of 1 foot over the top of the pipe, or such greater
-^ elevation as directed by the Engineer. Backfilling shall be done in a manner to avoid injurious
top or side pressures on the pipe and manhole. Backfill shall be compacted to 95% (min.)
Standard Proctor Density.
Within street right of way flowable fill backfill material (2 -sacks of cement per cubic yard
concrete mix) shall be used. During the pour the pipe shall not be disturbed or moved in any
... way
Movement of construction machinery over a culvert, pipeline, or manhole shall be at the
Contractor's risk. Any damaged construction shall be removed and replaced at the expense of
the Contractor.
7.11 TRENCH PROTECTION
Contractor shall provide trench protection where required by OSHA regulations and other
applicable requirements. The Engineer shall not be responsible for applicability or effectiveness
of trench protection plan or devices. No separate payment shall be made for trench protection.
8.1 BARRICADES
Prior to starting work on any project covered by these specifications, the contractor shall submit
a Traffic Control Plan for approval by the Engineer. The contractor shall have the sole
responsibility for providing, installing, moving, replacing, maintaining, cleaning and removing
upon completion of work, all traffic control devices. The Traffic Control Plan and devices shall
be in compliance with the Texas Manual of Uniform Traffic Control Devices (MUTCD) and the
1993 National Cooperative Highway Research Program Report 350 (NCHRP 350).
21
The Traffic Control Plan approved by the Engineer shall be considered the minimum
requirement for the project. The contractor shall provide additional devices as determined to be
necessary during the project. If at any time during construction the approved plan does not
accomplish the intended purpose, due to weather or other conditions affecting the safe handling
of traffic, the contractor shall immediately make necessary changes to correct the unsatisfactory
conditions.
The contractor shall maintain ingress and egress to private property at all times.
All signing and barricading shall be in place before construction operations are started and
during all times construction is in progress. All hazards shall be clearly marked and adequately
protected. If pedestrian walkways are blocked, pedestrian control shall conform to "Typical
Sidewalk and Curb -Lane Closure for Pedestrian Control" as indicated in Texas MUTCD.
No separate payment will be made for traffic control. The required plan and devices shall be
considered to be subsidiary to pay items.
9.1 WORKING DAYS
City contracted paving projects will be based on working days allowed. No requests for
extensions of time will be considered.
9.2 DEFINITION OF WORKING DAYS
A working day is defined as a calendar day, not including Saturdays, Sundays, or City of
Lubbock designated holidays, in which weather or other conditions beyond control of the
contractor will permit the performance of the principal unit of work for a continuous period of
not less than 7 hours between 7:00 am and 6:00 pm.
For each Saturday, Sunday, or City of Lubbock designated holiday on which the Contractor
chooses to work and has authorization from the Engineer to work, 1 day will be charged against
the contract working time when conditions will permit at least 7 hours of work as described
above. Work on Sunday will not be authorized except in cases of extreme emergency, as
determined by the Engineer.
Working days will be considered to begin on the effective date stated in the Notice to Proceed,
unless the contractor is unable to begin work on that date due to factors beyond his control as
determined by the Engineer. In that event, time charged against the project will begin on the
date the contractor could first work a minimum of 7 hours as described above.
The Engineer will furnish the contractor a monthly statement showing the number of working
days used and the working days remaining. The contractor shall, be allowed 10 calendar days in
which to protest the correctness of each statement. The protest shall be in writing, addressed to
the Engineer, and shall indicate basis of the protest. The Engineer shall respond to the protest
within 10 calendar days of receiving the protest. Failure to file a protest within the allotted 10
days for any statement shall indicate the contractor's approval of the time charges as shown on
that period's time statement, and future consideration of that time statement will not be
permitted. 22
10.1 MEASUREMENT AND PAYMENT
The unit price bid on each item as stated in the bid proposal shall include furnishing all labor,
superintendence, machinery, equipment, and materials, except as otherwise specified, necessary
or incidental to complete the various items of work in accordance with the plans and
specifications. Cost of work or materials shown on the plans or called for in the specifications
and on which no separate payment is made shall be included in the bid prices on the various pay
items.
Payment will not be made for any item that is not complete, including all associated incidental
work. All of the items covered by these standard specifications may not be included in a
particular project. Only those items indicated on bid documents and plan sheets shall be
included for construction and payment.
10.2 CURB AND GUTTER
Measurement will be made of the linear feet of curb and gutter actually constructed. Curb and
gutter will be paid for at the unit price bid per linear foot. The unit price bid shall include
furnishing and installing all materials, excavation, filling, backfilling, forming, finishing, and all
incidentals necessary to complete the work.
10.3 CONCRETE FLAT SLABS - SIDEWALK, DRIVEWAY, ALLEY RETURN,
ALLEY PAVING, AND VALLEY GUTTER
Measurement will be made of the area, in square feet, of flat slab actually constructed. Flat slabs
will be paid for at the unit price bid per square foot for each specific type of slab. Curb on alley
returns shall be included in the area measured for the slab and will not be paid as a separate item.
The unit price bid shall include furnishing and installing all materials, excavation, filling,
backfilling, reinforcement, forming, finishing, joint cutting, joint sealing, and all incidentals
necessary to complete the work.
10.4 CURB RAMPS (HANDICAP RAMPS
Measurement will be made of the area, in square feet, of curb ramp actually constructed,
including top surface area of any retaining wall or curb. Curb ramps will be paid for at the unit
price bid per square foot. The unit price bid shall include furnishing and installing all materials,
excavation and filling within two feet of the ramp, back filling, reinforcement, forming,
finishing, and all incidentals necessary to complete the work.
10.5 CONCRETE DRAINAGE CHANNEL
Measurement will be made of the area, in square feet, of drainage channel actually constructed,
including top surface area of any retaining wall or curb. Drainage channel will be paid for at the
unit price bid per square foot. The unit price bid shall include furnishing and installing all
materials, excavation and filling within two feet of the channel, backfilling, reinforcement,
forming, finishing, and all incidentals necessary to complete the work.
23
P""
10.6 RETAINING WALL OR CURB ON DRAINAGE CHANNELS AND CURB
RAMPS
Measurement will be made of the height and linear feet of wall or curb actually constructed.
Retaining wall or curb will be paid for at the unit price bid per linear foot multiplied by the
height of the wall or curb in inches above the top of the slab (per linear foot per inch height).
The unit price bid shall include furnishing and installing all materials, excavation, filling,
backfilling, reinforcement, forming, finishing, and all incidentals necessary to complete the
work.
10.7 CONCRETE MEDIAN
Measurement will be made of the area, in square feet, of median actually constructed. Median
will be paid for at the unit price bid per square foot. The unit price bid shall include furnishing
and installing all materials, excavation, filling, reinforcement, forming, finishing, and all
incidentals necessary to complete the work.
10.8 CONCRETE STREET PAVING
Measurement will be made of the area, in square yards, of concrete street paving actually
constructed. Concrete street paving will be paid for at the unit price bid per square yard. The
unit price bid shall include furnishing and installing all materials, excavation, filling, backfilling,
reinforcement, forming, finishing, and all incidentals necessary to complete the work.
Sawing and sealing of joints shall not be included and will be paid for as a separate bid item.
10.9 SAWING AND SEALING OF JOINTS IN CONCRETE STREET PAVING
Measurement will be made of the linear feet of sawed and sealed joints actually constructed.
Sawing and sealing of joints will be paid for at the unit price bid per linear foot. The unit price
bid shall include furnishing and installing all materials, equipment, sawing, cleaning, seal
components, and all incidentals necessary to complete the work.
10.10 STORM SEWER INLET BOX AND MAHOLES
Storm sewer inlet boxes and manholes will be paid for at the unit price bid per each. The unit
price bid shall include furnishing and installing all materials, excavation, filling (except flowable
fill), floor, connection to pipes, reinforcement, forming, finishing, manhole rings and covers, and
all incidentals necessary to complete the work.
10.11 HEADWALLS
Storm sewer headwalls will be paid for at the unit price bid per each. The unit price bid shall
include furnishing and installing all materials, excavation, filling, reinforcement, forming,
finishing, grates, and all incidentals necessary to complete the work.
24
LZI
10.12 STORM SEWER PIPE
,., Measurement along the centerline of the pipe will be made of the actual length of pipe
constructed, from face of structure to face of structure or to centerline of manhole, and will be
paid for at the unit price bid for Storm Sewer. Depth of cut shall be considered to be from the
s- top of the adjacent grade stake to the flowline of the pipe. The unit price bid shall include
furnishing and installing all materials, pavement removal, excavation, filling, backfilling with
compacted soil where applicable, and all incidentals necessary to complete the work. Flowable
fill will be paid for as a separate pay item.
10.13 EXTRA VERTICAL FEET OF MANHOLE
The actual constructed manhole will be measured from the top of the base to the top of the ring
and cover. Any depth of manhole exceeding 6 feet in depth will be paid for at the unit price bid
for extra vertical feet of manhole. The unit price bid shall include furnishing and installing all
materials and all incidentals necessary to complete the work.
10.14 CURB AND GUTTER REMOVAL
Measurement will be made of the linear feet of curb and gutter actually removed. Payment will
r"+ be made at the unit price bid per linear foot of curb and gutter removed. The contractor shall
ensure that the Engineer has the opportunity to measure the linear feet of curb and gutter prior to
removal. If curb and gutter is removed without measurement by the Engineer, no payment will
be made for that removal. The unit price bid shall include sawing, hauling, labor and equipment,
and legal disposal for removal of the curb and gutter.
^" 10.15 CONCRETE SLAB REMOVAL
Measurement will be made of the area in square feet of concrete slab actually removed. Payment
will be made at the unit price bid per square foot of concrete slab removed. The contractor shall
ensure that the Engineer has the opportunity to measure the area of concrete slab prior to
removal. If concrete slab is removed without measurement by the Engineer, no payment will be
made for that removal. The unit price bid shall include sawing, breaking, hauling, labor and
equipment, and legal disposal for removal of the concrete slab.
10.16 2 SACK FLOWABLE FILL
Quantities of 2 sack flowable fill will be determined from tickets provided by the drivers of the
delivery trucks. Payment will be made at the unit price bid per cubic yard of in place 2 sack
flowable fill. The unit price bid shall include furnishing and placing the material and all
incidentals necessary to complete the work.
10.17 ASPHALT PAVING
Measurement will be made of the area, in square yards, of asphalt paving actually constructed.
Payment will be made at the unit price bid per cubic yard. The unit price bid shall include
furnishing and installing all materials, subgrade preparation, construction of caliche or asphalt
.. 25
a
stabilized base as specified, excavation, filling, tack and prime coats, HMAC surface, emulsion
seal, and all incidentals necessary to complete the work.
10.18 ASPHALT PAVING REPAIR
Measurement will be made of the area, in square yards, of in place asphalt paving repair.
Payment will be made at the unit price bid per square yard of paving repair. The unit price bid
shall include furnishing and placing all asphaltic materials, sawing of existing paving edges,
smoothing and preparation of the existing base, flowable fill if required, tack and prime coats,
compaction, and all incidentals necessary to complete the work.
10.19 EXCAVATION AND GRADING (OUTSIDE LIMITS OF CONSTRUCTION)
Volume of excavation or fill, in cubic yards, will be determined by average end area method.
City personnel will shoot elevations as necessary to facilitate volume calculations. Payment will
be made at the unit price bid per cubic yard of completed excavation or fill. The unit price bid
shall include all labor, equipment, and incidentals necessary to excavate or fill the site to the
grades established by the Engineer. No separate payment will be made for disposing of excess
material.
11.1 STANDARD DETAILS
Construction shall be in accordance with the following standard details unless otherwise
indicated on plans, or directed by the Engineer. The 24 inch curb and gutter details shall be
considered to be standard. 30 inch curb and gutter details shall apply only if specifically
indicated on plans or bid documents.
STREET CROWN ELEVATIONS
PAVEMENT WIDTH
CURB FACE TO CURB FACE
24 feet
26 feet
28 feet .
30 feet
32 feet
36 feet
42 feet
46 feet
52 feet
64 feet
66 feet
86 feet
88 feet
FINISHED PAVING SURFACE
ABOVE GUTTER
0.35 feet
0.37 feet
0.40 feet
0.42 feet
0.45 feet
0.50 feet
0.57 feet
0.62 feet
0.69 feet
0.85 feet
0.86 feet
1.14 feet
1.15 feet
All street paving shall incorporate a centerline crown_ at the listed elevation unless otherwise
indicated on plans, or as directed by the Engineer.
26
STORM WATER POLLUTION PREVENTION PLAN
(SWPPP)
FOR
COMMUNITY DEVELOPMENT
PAVING PROJECT
IN
'^ CHAPEL HILL
LUBBOCK, TEXAS
THE CITY OF LUBBOCK
LUBBOCK COUNTY, TEXAS
February 28, 2001
CONTENTS
Section Page
I. SITE DATA....................................................................................................
A.
Project Name........................................................................................ 1
B.
Project Location.......................................................................................
C.
Project Operator(s)...................................................................... ...........
D.
Nature of Anticipated Construction Activities ................................................... 1
E.
Sequence of Anticipated Construction Activities ................................................ 1
F.
Site Area and Projected Disturbed Area........................................................... 2
G.
Soil Data and Storm Water Runoff Coefficient .................................................. 2
H.
... ..... ......... . 3
SWPPP Site Plan ............................................. .. ......... ........
I.
Receiving Water Information....................................................................... 3
II. CONTROLS................................................................................................
A. Erosion and Sediment Controls .................... ............ ........................... 3
B. Storm Water Management........................................................................... 5
C. Waste Collection and Disposal..................................................................... 5
D. State and/or Local Plan Approvals.................................................................. 5
.., III. MAINTENANCE AND INSPECTIONS.................................................................. 5
A. Maintenance ........ .................. ... ............................... 5
B. Inspections ........................... ......... .................... ......... ............... 6
IV. NON -STORM WATER DISCHARGES ..... ..................... ... ................ ...... . 7
... ... ... .. ...
A. Anticipated Sources of Non -Storm Water......................................................... 7
B. Pollution Prevention Measures...................................................................... 7
V. CERTIFICATION STATEMENTS ................. .. .......... .... 7
A. Signatory Requirements............................................................................. 7
B. Contractor's and Subcontractor's Certification.................................................... 8
APPENDICES
Appendix A: Federal Register Notice September 9, 1992
NPDES General Permit
Appendix B: Notice of Intent Forms
Appendix C: Certification Statement Forms
Appendix D: Inspection Reports
Appendix E: SWPPP Addenda
SWPPP FOR
COMMUNITY DEVELOPMENT
PAVING PROJECT
IN
CHAPEL HILL
LUBBOCK,TEXAS
i. SITE DATA
A. Project Name:
Community Development Paving Project in Chapel Hill
B. Project Location:
In the Southeast Quarter of Section 3, Block A
Approximate Latitude 33°35'40.03" N.
Approximate Longitude 101047'23.38" W.
.-, C. Project Operator(s):
1. Owner: City of Lubbock
-� 1625 13th Street
Lubbock, TX 79457
(806) 775-2331
2. Contractor: To be determined.
D. Nature of Anticipated Construction Activities:
The project involves the relocation and adjustment of fences and surface utilities as well as
earthwork and paving construction for residential streets. Work to be performed by independent
contractors under contract with the owner includes the construction of fences, municipal
earthwork, paving and drainage improvements. City crews will be responsible for making
necessary adjustments to fire hydrants, water valve boxes, manhole rings and lids as well as
adjusting any other City -owned utility as necessary. Other underground utilities with some
surface elements will be adjusted or relocated by the respective municipally franchised utility
companies, including natural gas lines, electric power distribution lines, telephone lines, and cable
television lines. Most of the site will be disturbed for the project.
E. Sequence of Anticipated Construction Activities:
It is generally anticipated that necessary relocation and adjustment of utilities will occur first, then
relocation of some fences, then dirtwork with construction of paving and drainage improvements
following.
SW -1
F. Site Area and Projected Disturbed Area:
The site area is approximately 3.0 acres within the current right-of-way limits. It is projected that
most of the area within the construction limits will be disturbed during the course of construction
of these improvements. The areas to be disturbed are under one ownership with all development `
to be constructed concurrently by one general contractor.
G. Soil Data and Storm Water Runoff Coefficient:
The sites are currently public Rights -of -Way with dirt streets being used in those Rights -of -Way.
There are underground and overhead utilities and fences existing, but no other improvements.
Data taken from Soil Survey of Lubbock County, Texas, USDA Soil Conservation Service, April
1979, describes general soil properties expected for the project site. Soils on site are classified as
Amarillo -Urban land complex and Estacado -Urban land complex.
Amarillo -Urban land complex is nearly level to gently sloping on uplands and occurs as
irregularly shaped areas that range from 25 to about 2,000 acres. Amarillo soils make up about
55% of this unit, Urban land about 35% and other soils about 10%.
The surface layer of the Amarillo soil is friable, mildly alkaline, reddish brown fine sandy loam
about 14 inches thick. From 14 to 46 inches is friable, reddish brown sandy clay loam that is
mildly alkaline in the upper 10 inches and moderately alkaline in the lower 22 inches. From 46 to
80 inches is friable, moderately alkaline pink sandy clay loam that is about 30% by volume soft
masses and weakly cemented concretions of calcium carbonate.
Urban land consists of works and structures, most which are residential and commercial buildings,
driveways, sidewalks and parking lots. —
Amarillo soils are well drained and surface runoff is high because a large percentage of soil is
covered by works and structures, which shed most of the precipitation. The root zone is deep and
is easily penetrated by roots. The hazard of water erosion is slight. The hazard of soil blowing is
moderate. Permeability is moderate and the available water capacity is high.
This unit is entirely in urban use. Amarillo soils are used for lawn grasses, ornamental trees and
shrubs, and vegetable and flower gardens.
The potential is high for most urban use. Low strength for streets and roads and seepage from
sewage lagoons are the most restrictive features. The potential is high for recreational use. The
potential is low for cropland and range.
Estacado -Urban land complex is a nearly level to gently sloping map unit on uplands. It occurs
as irregularly shaped areas that range from 15 to several hundred acres. It is about 60% Estacado
soils, 30% Urban land and 10% other soils.
The deep Estacado soil has a surface layer of friable, moderately alkaline, brown clay loam about
16" thick. From 16" to 28" is friable, moderately alkaline, brown clay loam that has a few
concretions of calcium carbonate. From 28" to 40" is friable, moderately alkaline, pink clay loam
that has many soft masses and concretions of calcium carbonate. From 40" to 80" is friable,
SW -2
moderately alkaline, reddish yellow clay loam that also has many soft masses and concretions of
calcium carbonate.
Urban land consists of residential and commercial buildings, driveways, streets, sidewalks and
parking lots.
Surface runoff is high because a large acreage is covered by works and structures, which shed
�., most of the precipitation. The Estacado soil has good tilth, is high in natural fertility, and is well
drained. The root zone is easily penetrated by roots.
This unit is entirely in urban use. Estacado soils are used for lawn grasses, ornamental trees and
shrubs, and flower and vegetable gardens.
The potential is high for most urban use. Corrosivity to uncoated steel and low strength are the
most limiting factors but are easily overcome by good design and careful installation. The
potential is medium for recreation use. The main limitation is the clay loam surface layer.
As discussed previously, final ultimate use of the project site will be a municipal residential street.
Under normal conditions the paved areas will have about 0.95 runoff factor while the unpaved
areas will have about 0.30 runoff factor. At the conclusion of this paving project the composite
runoff coefficient is about 0.78.
1.89 Acres Paved + 0.66 Acres Unpaved = 2.55 Acres Site
H. SWPPP Site Plan:
-- The SWPPP Site Plan is included in the construction plans as Sheet 2 of 2 herein. The plan
indicates SWPPP features including existing and proposed grading/drainage patterns, structural
and non-structural controls, stabilization areas, and locations where storm water will be discharged
from the site.
I. Receiving Water Information:
Storm water discharged from the site will be collected and conveyed via "channelization" in
ditches, city streets, and State Highway Right -of -Way. All of the storm flow associated with this
project will eventually reach Playa Lake 73 and possibly Lake 74 located to the south and east of
this project. Although there is some storm sewer associated with crossing the Loop, most of the
transportation will be by overland flow. No wetland areas exist at the site of proposed
construction.
CONTROLS
A. Erosion and Sediment Controls:
Primary means for controlling erosion and sediment transport during project construction are
indicated on the SWPPP Site Plan.
SW -3
1. Stabilization Methods:
a. Ultimately, municipal residential streets will be constructed in the Rights -of -Way.
The area unused for street improvements will still be public Right -Of -Way and will be
undeveloped until such time as the adjacent property developments.
b. It is not anticipated that there will be any periods of no construction activity exceeding
21 days from the time utility construction is begun through final stabilization. If
unforeseen delays occur which exceed 21 days, stabilization methods will be instituted
within 14 days.
C. Stabilized construction vehicle ingress -egress and staging areas will be provided as
indicated on the SWPPP Site Plan. To the extent practicable, construction employees
will be directed to park their personal vehicles on side streets adjacent to the project to
help prevent tracking of sediments off-site, particularly during wet periods.
Contractor -operators will be required to clean up any significant amounts of mud
tracked off-site onto adjacent streets on an as -needed basis. Additionally, it is
expected that normal City of Lubbock street cleaning operations will continue to be
implemented according to the City's schedule for same.
d. Final stabilization will include development of grasses and other vegetation along the
Right -of -Way.
2. Structural Methods:
a. The subject property is situated topographically such that there is good opportunity for
off-site overland flows to enter the site, especially at the south and west ends of the
project. Most of the flow will enter the site down Keel and Linden Avenues, then turn
east down E. Yd Street toward Loop 289. Prevailing slopes are generally to the north
and east. The subject property is adjacent to partially developed residential areas.
b. After the ingress -egress areas have been stabilized, sandbags barricades will be placed
in the outlet curbs and ditches to trap sediment. Some regrading may be needed to
direct drainage down 4`h Street and not down Keel or Linden Avenues, during
construction. Drainage from Kapok Avenue on E. Yd Street needs to be attenuated.
The outlet will be controlled by sandbag barricades at the point of discharge. Staked
silt fencing will also be utilized along the sides of the project where the prevailing
ground elevations will be above the proposed top of curb grades to prevent any
discharge of silt onto the proposed streets. Additionally, sandbag barricades will be
utilized at all intersections or any other points of concentrated flows, as necessary.
These diversion swales, barricades, and silt fencing will be removed when the utility
and street construction has been completed and prior to final stabilization of the site.
C. Excess earth spoil will be temporarily stockpiled at the locations indicated on the plans
prior to being either incorporated into the project or properly disposed of by the
contractor.
d. No storm sewer inlets currently exist on the site. Several trees exist where they have
been planted or grown voluntarily, adjacent to some of the houses. The west curb and
SW -4
a
gutter of Keel Avenue is to be moved 4' east, to narrow the street and give some room
for 2 trees and some water meters. No trees will be removed for this project although
some poles, fencing and fire hydrants will need to be relocated, prior to construction of
the project.
e. The NPDES General Permit requires provision of a temporary sediment basin
providing 3,600 cubic feet of storage per acre drained for common drainage locations
serving 10 or more disturbed acres at one time, "where attainable." Due to the nature
of this project (relatively narrow tracts for street right-of-way) and the relatively small
project acreage (about 3 acres), it would not be feasible to construct basins of this size
on-site. Additionally, access to adjacent property down gradient for purposes of
constructing large sediment basins is not available. For these reasons, minimum
structural controls incorporating diversion swales, silt fencing, and smaller
sedimentation controls are proposed as indicated on the SWPPP Site Plan. All
structural controls proposed are temporary and will be removed after site stabilization.
B. Storm Water Management:
1. Storm water management during construction will be accomplished through implementation
of the erosion and sedimentation controls previously detailed and as indicated on the
SWPPP Site Plan.
2. As discussed previously, final use of the property will be as municipal residential streets.
Per normal practice in the area, it is expected that parkway areas will eventually be seeded
with native grasses and other landscape plantings as moisture conditions allow.
3. Longitudinal street slopes will vary from 0.2% to 2.4% with a majority of the streets
*-^ constructed at the flatter grades. Cross -slopes for paved street areas will likely average 1-
3%. These relatively gentle prevailing slopes combined with the expected landscaping
indicate that there will be need for velocity dissipation controls only .
C. Waste Collection and Disposal:
All solid and liquid waste materials generated on-site will be collected, temporarily stored, and
finally disposed of as necessary to comply with all applicable laws and regulations. No waste
materials will be buried or otherwise disposed of on-site. Burning of waste materials on-site is
prohibited.
D. State and/or Local Plan Approvals:
At the time of preparation of this SWPPP, there are no known existing state or local plan
."� preparation or approval requirements for erosion and sediment control.
III. MAINTENANCE AND INSPECTIONS
A. Maintenance:
Maintenance and repair of all erosion, sedimentation, and stabilization methods identified in the
SWPPP or its amendments shall be performed in a timely manner on an as -needed basis. All
SW -5
controls shall be kept in good operating condition to assure their effective implementation. The
site operator(s) responsible for implementation of specific measures shall also be responsible for
their maintenance and repair.
B. Inspections:
1. The site operator(s) responsible for implementation and maintenance of specific measures
shall provide a qualified person or persons to perform regular inspections of the measures _
and to complete appropriate inspection reports.
2. Inspections shall be performed on the following:
a. Disturbed areas and storage areas exposed to precipitation shall be checked for
evidence of and the possibility for discharge of pollutants.
b. Erosion and sediment control measures identified in the SWPPP and its amendments
shall be checked to assure they are performing the intended function.
C. Storm water discharge locations shall be checked to determine if erosion control
measures implemented are effective in the prevention of significant impacts upon the
receiving waters identified in the SWPPP.
d. Vehicle ingress -egress areas shall be checked to determine if off-site tracking of ^
sediment is being effectively controlled.
3. Inspections will be performed at least once every seven (7) calendar days and within twenty-
four (24) hours after a rain event totaling one-half inch (0.5") or more. However, for
portions of the site which have been finally stabilized or during seasonal dry periods, these
inspections may be performed at least once each month.
4. If warranted based on inspection reports identifying specific needs, the site description
information and the pollution prevention practices specified in the SWPPP shall be revised
as appropriate. In no instance shall the required revisions be implemented later than seven
(7) calendar days beyond the date of the inspection.
5. Inspection reports shall be made for each inspection performed and shall be retained as part
of the SWPPP for a minimum period of three (3) years following the date of final
stabilization of the site. Inspection reports shall contain the following information:
a. Summary of scope of the inspection
b. Name(s) and qualifications of person(s) performing the inspection
C. Date(s) of the inspection
d. Major observations with respect to the implementation of the various measures
detailed in the SWPPP and its amendments
e. Actions taken in accordance with Item 4 above
SW -6
6. Where an inspection report does not identify any incidents of non-compliance, the report
.- shall contain a certification that the facility is in compliance with the SWPPP and the
published NPDES General Permit for Storm Water Discharges From Construction Activities
that are classified as "Associated With Industrial Activity."
7. All inspection reports shall be signed in accordance with requirements of the referenced
General Permit including certification provisions therein.
IV. NON -STORM WATER DISCHARGES
A. Anticipated Sources of Non -Storm Water:
1. Fire hydrant and potable water line flushings
2. Water used for soil or base conditioning
3. Water used for vehicle washing or dust control
4. Water used for trench backfill consolidation
5. Pavement washwater (non -detergent) where spills of toxic or hazardous materials have not
occurred (or have been completely removed)
B. Pollution Prevention Measures:
1. All vehicles on-site will be monitored for leaks.
2. Concrete trucks will be required to discharge surplus concrete or drum wash at a single
designated spot. These waste materials will be removed from the site at least once per week
during dry periods and more often during expected wet periods. These materials will be
legally disposed of off-site. Alternatively, concrete trucks will not be allowed to discharge
waste materials on-site.
3. All products kept on-site will be stored in their original containers with manufacturer's labels
intact. Material Safety Data Sheets (MSDS) will be kept if applicable. All products will be
used according to manufacturer's instructions, and all spills will be cleaned up immediately.
Containers shall not be exposed to precipitation.
4. Final disposal of all excess product and product containers shall be accomplished according
to the manufacturer's instructions and in accordance with all applicable rules, regulations,
and laws.
V. CERTIFICATION STATEMENTS
A. Signatory Requirements:
Any person required to sign documents necessary under paragraph VI.G of the General Permit
shall make the certification stated in paragraph VI.G.2.d of the General Permit.
SW -7
B. Contractor's and Subcontractor's Certification:
All contractors and subcontractors identified in the SWPPP or its amendments shall sign a copy of
the certification statement shown in paragraph IV.E.2 of the General Permit before conducting any
professional service identified in the SWPPP. This certification must include the name and title of
the person providing the signature; the name, address and telephone number of the contracting
firm; location and identifying description of the site; and the date of the certification. —
SW -8
STORM WATER POLLUTION PREVENTION PLAN CERTIFICATION
I certify under penalty of law that this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to assure that qualified personnel properly gathered
and evaluated the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted is,
to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and imprisonment
r" for knowing violations.
Signature
Typed or printed name Title
Company
Date signed
r—
INSPECTOR CERTIFICATION
I certify under penalty of law that this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to assure that qualified personnel properly gathered
and evaluated the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted is,
to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and imprisonment
, for knowing violations.
Signature
Typed or printed name
Company
Date signed
Title
CONTRACTOR'S AND SUBCONTRACTOR'S CERTIFICATION
Project: In the Southeast Quarter of Section 3, Block A
Location: Approximate Latitude 33°35'40.03" N.
Approximate Longitude 101 °47'23.3 8" W.
Certification:I certify under penalty of law that I understand the terms and conditions of the general
National Pollutant Discharge Elimination System (NPDES) permit that authorizes the
storm water discharges associated with industrial activity from the construction site
identified as part of this certification.
Signatures:
Signature and Title
Company Name
Address
Company Telephone Number
Company's Project Responsibility:
SWPPP INSPECTION AND MAINTENANCE REPORT
Project:
Date:
n y Inspector:
Name
Company
Major Observations Regarding SWPPP Measures:
Action(s) Required:
Changes Needed to SWPPP Based on Inspection: _
If no incidents of non-compliance are identified in the Inspection Report, then the following certification
shall be made:
I certify that on this date and as a result of an inspection(s) made by me or under my supervision that the
named project is in compliance with the SWPPP for the project and with provisions of the published
NPDES General Permit for Storm Water Discharges From Construction Activities.
Signature Date
Company
srM+
THIS FORM REPLACES PREVIOUS FORM 3510-6 (8-92) Form Approved. olae No. tae -Doss
See Reverse for Instructions "PprO9'' expires: 3-31'09
�
United States Environmental Protection Agency
NPDES
Washington, DC 20460
FORM \�/ EPANotice of Intent (NOQ for Storm Water Discharges Associated with Industrial
Activity Under a NPDES General Permit
Submission of this Notice of intent constitutes notice that the party`identified in Section'il of this form intends to be authorized by a NPDES permit issued for
storm water discharges associated with industrial activity in the State identified in Section III of this form. Becoming a permittee obligates such discharger to
ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS
comply with the terms and conditions of the permit.
FORM.
1. Permit Selection: You must indicate the NPDES Storm Water general permit under which you are applying for coverage. Check one of these.
Baseline
Baseline Multi -Sector
0
Industrial
Construction (Group Permit)
II. Facility Operator Information
Name: t
`, I Phone: I I I I
Status of
Address:] +
+ t +' ++ i Owner/Operator: o
City: i + + + + + + , + + + +
+ + , + + , + + + I State: ZIP Code: I + , + , , ' , + + , I
Ill. Facility/Site Location Information
Name: � , + + + + + + + + + +
Is the facility locateda
I , + I + , + + + + + I + I + I + , � Indian Lands? (Y or N))
Address: I , + , , , , , , , , ,
, + , , , , , , , , , , , ,i I
City + , , + , , , + + + +
+ + + + + , , + i + ,+ J State: W ZIP Code: I 11 + + + - i i + + I
!
Latitude: I t I i Longitude: I 1 1' I _1_J Quarter: I Section: W Township:LTJ Range: LLW
IV. Site Activity Information
MS4 Operator Name:
ody
Receiving Water Body-
Multi -Sector Permit Applicants Only:
Based on the instructions provided In Addendum H of the
If you are filing as a oo-permittee,
If
enter storm water general permit number:
I
Multi -Sector permit, are species identified in Addendum H
SIC or Designated
Primary:
I '
in proximity to the storm water discharges to be covered
under this or the areas BMP
Activity Code:
2nd: II_ _It
permit, of
construction to F1control those storm water discharges?
(Y N)
Is the facility required to submit monitoring data?
(1, 2, 3, or 4)
Will construction (land disturbing activities) be conducted ❑
If You Have Another Existing NPDES
for storm water controls? (Y or N)
Permit, Enter Permit Number: I , ,
, + , , , , i
Is applicant subject to and in compliance with a written
❑
historic preservation agreement? Y or N)
V. Additional Information Required for Construction Activities Only
Project Start Date. Completion Date:
Is the Storm Water Pollution Prevention Plan
Estimated Area to be in compliance with State and/or Local
❑
I iI I I I + I I I
, I
Disturbed (in Acres): + + + + + sediment and erosion plans? (Y or N)
VI. Certification: The certification statement in Box 1 applies to alt applicants.
The certification statement in Box 2 applies Qnty to facilities applying for the Multi -Sector storm water general permit.
BOX 1
BOX 2
_ALL APPLICANTS:
MULTI -SECTOR STORM WATER GENERAL PERMIT APPLICANTS ONLY:
1 certify under penalty of law that this
I certify under penalty of law that 1 have read and understand the Part I.B. eligibility requirements for
document and all attachments were
coverage under the Multi -Sector storm water general permit, including those requirements relating to
prepared under my direction or supervision
the protection of species identified in Addendum H.
in accordance with a system designed to
assure that qualified personnel properly
To the best of my knowledge, the discharges covered under this permit, and construction of BMPs to
gather and evaluate the information
control storm water run-off, are not likely to and will not likely adversely affect any species identified in
submitted. Based on my Inquiry of the
Addendum H of the Multi -Sector storm water general permit or are otherwise eligible for coverage due
person or persons who manage the system,
to previous authorization under the Endangered Species Act.
or those persons directly responsible for
gathering the Information, the information
To the best of my knowledge, l further certify that such discharges, and construction of BMPs to
submitted is, to the best of my knowledge
control storm water run-off, do not have an effect on properties listed or eligible for listing on the
and belief, true, accurate, and complete. I
National Register of Historic Places under the National Historic Preservation Act, or are otherwise
am aware that there are significant penalties
eligible for coverage due to a previous agreement under the National Historic Preservation Act.
for submitting false information, including the
possibility of fine and imprisonment for
1 understand that continued coverage under the Multi -Sector general permit is contingent upon
knowing violations.
maintaining eligibility as provided for in Part I.B.
Print Name: L , , , , , , , , ,
, , , , , , , , , , , , , , , , I Date: I I i I
Si na e:
ro" IPA rOrM 351 U-0 t5-95)
Instructions - EPA Form 3510-6
Notice Of Intent (NOI) For Storm Water Discharges Associated With Industrial Activity
To Be Covered Under a NPDES General Permit
Who Must File A Notice Of Intent (NOI) Form
Federal law at 40 CFR Part 122 prohibits point source discharges of storm water
associated with industrial activity to a water body(ies) of the U.S. without a National
Pollutant Discharge Elimination System (NPDES) permit. The operator of an industrial
activity that has such a storm water discharge must submit a NOI to obtain coverage
under NPDES Storm Water General Permit. If you have questions about whether you
need a permit under the NPDES Storm Water program, or if you need information as to
whether a particular program is administered by EPA or a state agency, telephone or
write to the Notice of Intent Processing Center at (703) 931-3230.
Where To File NOI Form
NOls must be sent to the following address: Storm Water Notice of Intent (4203)
401 M Street, S.W.
Washington, DC 20460
Completing The Form
You must type or print, using upper-case letters, in the appropriate areas only. Please
P Abbreviate if necessary to stay within the
number of characters allowed for each tem. Use one space for breaks between words,
but not for punctuation marks unless they are needed to clarify your response. If you
have any questions on this form, call the Notice of Intent Processing Center at (703) 931-
3230.
Section I Permit Selection
You must indicate the NPDES storm water general permit under which you are applying
for coverage. Check one box only. The Baseline Industrial and Baseline Construction
permits were issued in September 1992. The Multi -Sector Permit became effective
October 1, 1995.
Section II Facility Operator Information
Provide the legal name of the person, firm, public organization, or any other entity that
operates the facility or site described in this application. The name of the operator may
or may not be the same as the name of the facility. The responsible party is the legal
entity that controls the facility's operation, rather than the plant or site manager. Do not
use a colloquial name. Enter the complete address and telephone number of the
operator.
Enter the appropriate letter to indicate the legal status of the operator of the facility:
F = Federal; S = State; M = Public (other than federal or state); P = Private.
Section III Facility/Site Location Information
Enter the facility's or site's official or legal name and complete street address, including
city, state, and ZIP code. Do not provide a P.O. Box number as the street address. If
applying for a Baseline Permit and the facility or site lacks a street address,
indicate the state and either the latitude and longitude of the facility to the nearest 15
seconds or the quarter, section, township, and range (to the nearest quarter section) of
the approximate center of the site. If applying for the Multi -Sector Permit indicate the
complete street address and either the latitude and longitude of the facility to the
nearest 15 seconds or the quarter, section, township, and range (to the nearest
quarter section) of the approximate center of the, site.
All applicants must indicate whether the facility is located on Indian lands.
Section IV Site Activity information
If the storm water discharges to a municipal separate storm sewer system (MS4), enter
the name of the operator of the MS4 (e.g., municipality name, county name) and the
receiving water of the discharge from the MS4. (A MS4 is defined as a conveyance or
system of conveyances (including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or
operated by a state, city, town, borough, county, parish, district, association, or other
public body which is designed or used for collecting or conveying storm water.)
If the facility discharges storm water directly to receiving water(s), enter the name of the
receiving water(s).
If you are filing as a co -permittee and a storm water general permit number has been
issued, enter that number in the space provided.
Indicate the monitoring status of the facility. Refer to the permit for information on
monitoring requirements. Indicate the monitoring status by entering one of the following:
1 = Not subject to monitoring requirements under the conditions of the permit.
2 = Subject to monitoring requirements and required to submit data.
3 = Subject to monitoring requirements but not required to submit data.
4 = Subject to monitoring requirements but submitting certification for monitoring
exclusion.
List, in descending order of significance, up to two 4 -digit standard industrial classification
(SIC) codes that best describe the principal products or services provided at the facility
orsite identified in Section III of this application. If you are applying for coverage under
the construction general permit, enter "CO" (which represents SIC codes 1500 - 1799).
For industrial activities defined in 40 CFR 122.26(b)(14)(i)-(xi) that do not have SIC
codes that accurately describe the principal products produced or services provided, use
the following 2 -character codes.
HZ = Hazardous waste treatment, storage, or disposal facilities, including those that
are operating under interim status or a permit under subtitle C of RCRA 140
CFR 122.26 (b)(14)(iv)];
LF = Landfills, land application sites, and open dumps that receive or have received
any industrial wastes, including those that are subject to regulation under subtitle
D of RCRA 140 CFR 122.26 (b)(1 4)(v)];
SE = Steam electric power generating facilities, including coal handling sites [40 CFR
122.26 (b)(14)(vii)];
TW = Treatment works treating domestic sewage or any other sewage sludge or
wastewater treatment device or system, used in the storage, treatment,
recycling, and reclamation of municipal or domestic sewage 140 CFR 122.26
(b)(14)(ix)]; or,
CO = Construction activities 140 CFR 122.26 (b)(14)(x)].
If there is another NPDES permit presently issued for the facility or site listed in Section
III, enter the permit number. If an application for the facility has been submitted but no
permit number has been assigned, enter the application number.
Facilities applying for coverage under the Multi -Sector storm water general permit must
answer the last three questions in Section IV. Refer to Addendum H of the Multi -Sector
general permit for a list of species that are either proposed or listed as threatened or
endangered. "BMP" means "Best Management Practices" that are used to control storm
water discharges.
Indicate whether any construction will be conducted to install or develop storm water
runoff controls.
Section V Additional Information Required for Construction Activities Only
Construction activities must complete Section V in addition to Sections I through IV. Only
construction activities need to complete Section V.
Enter the project start date and the estimated completion date for the entire development
plan.
Provide an estimate of the total number of acres of the site on which soil will be disturbed
(round to the nearest acre).
Indicate whether the storm water pollution prevention plan for the site is in compliance
with approved state and/or local sediment and erosion plans, permits, or storm water
management plans.
Section VI Certification
Federal statutes provide for severe penalties for submitting false information on this
application form. Federal regulations require this application to be signed as follows:
For a corporation: by a responsible corporate officer, which means: (i) president,
secretary, treasurer, or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision making functions,
or (ii) the manager of one or more manufacturing, production, or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager In accordance with corporate
procedures;
Fora partnership orsole proprietorship: by a general partner or the proprietor; or
For a municipality, state, Federal, or other public facility: by either a principal executive
officer or ranking elected official.
Paperwork Reduction Act Notice
Public reporting burden for this application is estimated to average 0.5 hours per
application, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection
of information. Send comments regarding the burden estimate, any other aspect of the
collection of information, or suggestions for improving this form, including any
suggestions which may increase or reduce this burden to: Chief, Information Policy
Branch, 2136, U.S. Environmental Protection Agency, 401 M Street, SW, Washington,
DC 20460, or Director, Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, DC 20503.
THIS FORM REPLACES PREVIOUS FORM 3510-7 (8-92) Form Approved. ofrsNo. sao4m
Please See Instructions Before Completing This Form Approval expires: 541-H
Protection Agency
United StatesWashington,
NPDES
DC 20460
FORM
Notice of Termination (NOT) of Coverage Under a NPDES General Permit for
`�'
Storm Water Discharges Associated with Industrial Activity
Submission of this Notice of Termination oonstitutes notice that thea identified in Section II of this form is no longer authorized to discharge storm water
PROVIDED THIS FORM.
associated with industrial activity under the NPDES program. ALL NE ESSARY INFORMATION MUST BE ON
t. Permit Information
NPDES Storm Water J Check Here if You are No Longer Check Here if the Storm Water
' Facility:
General Permit Number. -a - i -! a 1- i —! ft Operator of the Discharge is Being Terminated:
II. Facility Operator Information
,
(
Name- 1 , 1 t i I I I i r 1 t i i I I i I i 1 1 , f , t i Phone:
Address: I_—I—J —•-1 L__I_j
Cty ziP Code:
Ill. FacllityMte Location Information
Name
Address
City I , , , , , , , , , , , , I , : , , i 1 I , I State: L.i._J Z(P Code: 1 1 I [I I ' I I ill
Lt I Longitude: I I I i I I ( Quarter: L.....I._J Section: Township: 1..._J__.1._....L._I Range:
Latitude: _...t__LL
IV. Certification: I certify under penalty of law that all storm water discharges associated with industrial activity from the identified facility that are
authorized by a NPDES general permit have been eliminated or that I am no longer the operator of the facility or construction site. 1 understand that by
submitting this Notice of Termination, l am no longer authorized to discharge storm water associated with industrial activity under this general permit, and
that discharging pollutants in storm water associated with industrial activity to waters of the United States is unlawful under the Clean Water Act where
the discharge is not authorized by a NPDES permit. 1 also understand that the submittal of this Notice of Termination does not release an operator from
liability for any violations of this permit or the Clean Water Act.
I
PrintName:—.I.J�.t.__1_..._L._._t.__l_.__I_..J_._._L._._.t__.J..__l.__f..._....1...._..1.........t.___.?._...._I..._....t.........E.__._i.._._J._......L_._._I._..._i.._._..I.._._L___.I.._._.I Date: t_.,_t..�l»._.:_..�...r
Signature:
Instructions for Completing Notice of Termination (NOT) Form
Who May File a Notice of Termination (NOT) Form Where to File NOT Form
Permittees who are presently covered under an EPA -Issued National Pollutant Send this form to the the following address:
Discharge Elimination System (NPDES) General Permit (including the 1995
Mull sector Permit) for Storm Water Dicharges Associated with Industrial Activity Storm Water Notice of Termination (4203)
may submit a Notice of Termination (NOT) form when their facilities no longer 401 M Street, S.W.
have any storm water discharges associated with industrial activity as defined in Washington, DC 20460
the storm water regulations at 40 CFR 122.26(b)(14), or when they are no longer
the operator of the facilities.
Completing the Form
For constriction activities, elimination of all storm water discharges associated
with industrial activity occurs when disturbed soils at the construction site have Type or print, using upper-case letters, in the appropriate areas only. Please
been finally stabilized and temporary erosion and sediment control measures place each character between the marks. Abbreviate If necessary to stay within
have been removed or win be removed at an appropriate time, or that all storm the number of characters allowed for each Item. Use only one space for breaks
water discharges associated with industrial activity from the construction site that between words, but not for punctuation marks unless they are needed to clarify
are authorized by a NPDES general permit have otherwise been eliminated. Final your response. N you have any questions about this form, telephone or write the
stabilization means that all soil -disturbing activities at the site have been Notice of Intent Processing Center at (703) 931-3230.
completed, and that a uniform perennial vegetative cover with a density of 70% of
the cover for unpaved areas and areas not covered by permanent structures has
been established, or equivalent permanent stabilization measures (such as the
use of riprap, gabions, or geotextiles) have been employed.
EPA Forth 3510-7 (8-98)
Instructions - EPA Form 351D-7
Notice of Termination (NOT) of Coverage Under The NPDES General Permit
for Storm Water Discharges Associated With Industrial Activity
Section I Permit Information
Enter the existing NPDES Storm Water General Permit number assigned to the
facility or site identified in Section Ill, if you do not know the permit number,
telephone or write your EPA Regional storm water contact person.
Indicate your reason for submitting this Notice of Termination by checking the
appropriate box:
If there has been a change of operator and you are no longer the operator of
the facility or site identified in Section III, check the corresponding box.
Ball stone water discharges at the facility or site identified in Section III have
been terminated, check the corresponding box.
Section II Facility Operator Information
Give the legal name of the person, firm, public organization, or any other entity that
operates the facility or site described in this application. The name of the operator
may or may not be the same name as the facility. The operator of the facility is the
legal entity which controls the facility's operation, rather than the plant or site
manager. Do not use a colloquial name. Enter the complete address and telephone
number of the operator.
Section Ill Facility/Site location Information
Enter the facility's or site's official or legal name and complete address, including
city, state and ZIP code. If the facility lacks a street address, indicate the state, the
latitude and longitude of the facility to the nearest 15 seconds, or the quarter,
section, township, and range (to the nearest quarter section) of the approximate
center of the site.
Section IV Certification
Federal statutes provide for severe penalties for submitting false information on this
application form. Federal regulations require this application to be signed as
follows:
For a corporation: by a responsible corporate officer, which means: (i) president,
secretary, treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy or decision
making functions, or (ii) the manager of one or more manufacturing, production, or
operating facilities employing more than 250 persons or having gross annual sales
orexpenditures exceeding $25 million (in second-quarter 1980 dollars), if authority
to sign documents has been assigned or delegated to the manager in accordance
with corporate procedures;
For a partnership or sole proprietorship: by a general partner or the proprietor, or
For a municipality, State, Federal, or other public facility: by either a principal
executive officer or ranking elected official.
Paperwork Reduction Act Notice
Public reporting burden for this application is estimated to average 0.5 hours per
application, including time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding the burden estimate, any
other aspect of the collection of information, or suggestions for improving this form,
including any suggestions which may increase or reduce this burden to: Chief,
Information Policy Branch, 2136, U.S. Environmental Protection Agency, 401 M
Street, SW, Washington, DC 20460, or Director, Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, DC 20503.
Monday
July 6, 1998
Part II
Environmental
Protection Agency
Reissuance of NPDES General Permits
for Storm Water Discharges From
Construction Activities in Region 6;
Notice
36489
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36491
1
operator. EPA believes that the general
contractor, being a professional in the
building industry, should be the entity
rather than the individual who is better
equipped to meet the requirements of
both applying for permit coverage and
developing and properly implementing
a SWPPP. However, individuals would
meet the definition of "operator" and
require permit coverage in instances
where they perform general contracting
duties for construction of their personal
residences.
► Owner and Contractor as Co -
Permittees. The owner retains control
over any changes to site plans. SWPPPs,
or storm water conveyance or control
designs; but the contractor is
responsible for overseeing actual earth
disturbing activities and daily
implementation of SWPPP and other
permit conditions. In this case, both
parties may need coverage.
However, you are probably not an
operator and subsequently do not need
permit coverage if:
► You are a subcontractor hired by,
and under the supervision of, the owner
or a general contractor (i.e., if the
contractor directs your activities on-site,
you probably are not an operator); or
► your activities on site result in
earth disturbance and you are not
legally a subcontractor, but a SWPPP
specifically identifies someone other
than you (or your subcontractor) as the
party having operational control to
address the impacts your activities may
have on storm water quality (i.e.,
another operator has assumed
responsibility for the impacts of your
construction activities). This particular
provision will apply to most utility
service line installations. For further
information concerning whether utility
service line installations meet the
definition of operator and require
permit coverage, see the discussion
under "Installation of Utility Service
Lines" in Section VIII, Summary
Response to Public Comments of the
Fact Sheet.
In addition, for purposes of this
permit and determining who is an
operator, "owner" refers to the party
that owns the structure being built.
Ownership of the land where
construction is occurring does not
necessarily imply the property owner is
an operator (e.g., a landowner whose
property is being disturbed by
construction of a gas pipeline).
Likewise, if the erection of a structure
has been contracted for, but possession
of the title or lease to the land or
structure is not to occur until after
construction, the would-be owner may
not be considered an operator (e.g.,
having a house built by a residential parcel, any subsequent deve opment or
homebuilder). redevelopment of that parcel would be
re arded as a new plan of development.
My Project Will Disturb Less Than Five
Acres, but it May Be Part of a "Larger
Common Plan of Development or Sale. "
How Can 1 Tell and What Must I do?
If your smaller project is part of a
larger common plan of development or
sale that collectively will disturb five or
more acres (e.g., you are building on six
half -acre residential lots in a 10 -acre
development or are putting in a parking
lot in a large retail center) you need
permit coverage. The "plan" in a
common plan of development or sale is
broadly defined as any announcement
or piece of documentation (including a
sign, public notice or hearing, sales
pitch, advertisement, drawing, permit
application, zoning request, computer
design, etc.) or physical demarcation
(including boundary signs, lot stakes,
surveyor markings, etc.) indicating
construction activities may occur on a
specific plot. You must still meet the
definition of operator in order to be
required to get permit coverage,
regardless of the acreage you personally
disturb. As a subcontractor, it is
unlikely you would need a permit.
For some situations where less than
five acres of the original common plan
of development remain undeveloped, a
permit may not be needed for the
construction projects "filling in" the last
parts of the common plan of
development. A case in which a permit
would not be needed is where several_
empty lots totaling less than five acres
remain after the rest of the project had
been completed, providing stabilization
had also been completed for the entire
project. However, if the total area of all
the undeveloped lots in the original
common plan of development was more
than five acres, a permit would be
needed.
When Can You Consider Future
Construction on a Property To Be Part
of Separate Plan of Development or
Sale?
In many cases, a common plan of
development or sale consists of many
small construction projects that
collectively add up to five (5) or more
acres of total disturbed land. For
example, an original common plan of
development for a residential
subdivision might lay out the streets,
house lots, and areas for parks, schools
and commercial development that the
developer plans to build or sell to others
for development. All these areas would
remain part of the common plan of
development or sale until the intended
construction occurs. After this initial
plan is completed for a particular
g
and would then be subject to the five -
acre cutoff for storm water permitting.
What Must I do to Satisfy The Permit
Eligibility Requirements Related to
Endangered Species?
In order to be eligible for this permit,
you must follow the procedures and
examples found in Addendum A for the
protection of endangered species. You
cannot submit your NOI until you are
able to certify your eligibility for the
permit. Enough lead time should be
built into your project schedule to
accomplish these procedures. If another
operator has certified eligibility for the
project (or at least the portion of the
project you will be working on) in his
NOI, you will usually be able to rely on
his certification of project eligibility and
not have to repeat the process. EPA
created this "coat tail" eligibility option
for protection of endangered species to
allow the site developer/owner to obtain
up -front "clearance" for a project,
thereby avoiding duplication of effort by
his contractors and unnecessary delays
in construction.
What Does the Permit Require
Regarding Historic Preservation?
Today's permit does not currently
impose requirements related to historic
preservation, though EPA may modify
the permit at a later date after further
discussions with the Advisory Council
on Historic Preservation. Therefore,
under today's permit, EPA will conduct
consultations as it did under the pre-
existing Baseline Construction General
Permit on a case-by-case basis as
needed. Removal of the proposed permit
provisions related to historic
preservation in no way relieves
applicants and permittees of their
obligations to comply with applicable
State, Tribal or local laws for the
preservation of historic properties. EPA
reminds permittees that according to
section 110(k) of the National Historic
Preservation Act (NHPA), an intentional
action to significantly adversely affect
historic resources with intent to avoid
Federal historic preservation
requirements may jeopardize future
permit coverage for such a permittee.
How Many Notices of Intent (NOIs) Must
1 Submit? Where and When Are They
Sent?
You only need to submit one NOI to
cover all activities on any one common
plan of development or sale. The site
map you develop for the storm water
pollution prevention plan identifies
which parts of the overall project are
36492 Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices
under your control. For example, if you
are a homebuilder in a residential
development, you need submit only one
NOI to cover all your lots, even if they
are on opposite sides of the
development.
The NOI must be postmarked two
days before you begin work on site. The
address for submitting NOIs is found in
the instruction portion of the NOI form
and in Part II.C. of the CGP. You must
also look in Part X of the permit to
determine if copies'of the NOI form are
to be sent to a State or Indian Tribe.
If I Am on an ongoing Construction
Project, do I Have to Fill in a New NOI
To Be Covered by the Permit?
Yes, if you are on an ongoing
construction project, a construction
project which started prior to the
effective date of this permit, you must
complete a revised NOI Form (EPA
Form 3510-9) to obtain coverage under
this permit. However, applicants who
have previously submitted an NOI for
permit coverage prior to the effective
date of this permit have the option to
leave the section regarding Addendum
A on endangered species blank unless
there is a potential impact on
endangered species or their habitat.
How do I Know Which Permit
Conditions Apply to Me?
You are responsible for complying
with all parts of the permit that are
applicable to the construction activities
you perform. Part III.E. of the permit
defines the roles of various operators at
a site. In addition, several States and
Indian Tribes require alternative or
additional permit conditions, and these
can be found in Part X of the permit.
Do 1 Have Flexibility in Preparing the
Storm Water Pollution Prevention Plan
(SWPPP) and Selecting Best
Management Practices (BMPs) for My
Site?
Storm water pollution prevention
plan requirements were designed to
allow maximum flexibility to develop
the needed storm water controls based
on the specifics of the site. Some of the
factors you might consider include:
more stringent local development
requirements and/or building codes;
precipitation patterns for the area at the
time the project will be underway; soil
types; slopes; layout of structures for the
site: sensitivity of nearby water bodies;
safety concerns of the storm water
controls (e.g., potential hazards of water
in storm water retention ponds to the
safety of children; the potential of
drawing birds to retention ponds and
the hazards they pose to aircraft); and
coordination with other site operators.
Must Every Permittee Have His Own
Separate SWPPP or Is a Joint Plan
Allowed?
The only requirement is that there be
at least one SWPPP for a site which
incorporates the required elements for
all operators, but there can be separate
plans if individual permittees so desire.
EPA encourages permittees to explore
possible cost savings by having a joint
SWPPP for several operators. For
example, the prime developer could
assume the inspection responsibilities
for the entire site, while each
homebuilder shares in the installation
and maintenance of sediment traps
serving common areas.
If a Project Will Not Be Completed
Before This Permit Expires, How Can I
Keep Permit Coverage?
If the permit is reissued or replaced
with a new one before the current one
expires, you will need to comply with
whatever conditions the new permit
requires in order to transition coverage
from the old permit. This usually
includes submitting a new NOI. If the
permit expires before a replacement
permit can be issued, the permit will be
administratively "continued." You are
automatically covered under the
continued permit, without needing to
submit anything to EPA, until the
earliest of:
► The permit being reissued or
replaced;
► Submittal of a Notice of
Termination (NOT);
► Issuance of an individual permit
for your activity; or
► The Director issues a formal
decision not to reissue the permit, at
which time you must seek coverage
under an alternative permit.
When Can I Terminate Permit Coverage?
Can I Terminate Coverage (i.e., Liability
for Permit Compliance) Before the Entire
Project Is Finished?
You can submit an NOT for your
portion of a site providing: (1) You have
achieved final stabilization of the
portion of the site for which you are a
permittee (including, if applicable,
returning agricultural land to its pre -
construction agricultural use); (2)
another operator/permittee has assumed
control according to Part VI.G.2.c. of the
permit over all areas of the site that have
not been finally stabilized which you
were responsible for (for example, a
developer can pass permit responsibility
for lots in a subdivision to the
homebuilder who purchases those lots,
providing the homebuilder has filed his
own NOI); or (3) for residential
construction only, you have completed
temporary stabilization and the
residence has been transferred to the
homeowner.
III. Section 401 Certification and
Coastal Zone Management Act
Section 401 of the Clean Water Act
states that EPA may not issue an NPDES
permit until the State in which the
discharge will originate grants or waives
certification to ensure compliance with
appropriate requirements of the Act and
State law. The Region has received
section 401 certification from the
appropriate States and Indian Tribes for
all facilities covered by today's permits.
Additional permit requirements were
required as a condition of certification
by the State of Texas and by the Pueblos
of Isleta, Nambe, Picuris, Pojoaque,
Sandia, Tesuque and Santa Clara in
New Mexico. These additional permit
requirements are contained in Part X of
the permits.
The Coastal Zone Management Act
(CZMA) requires all Federal permitting
actions to be reviewed for consistency
with each approved State Coastal Zone
Management Plan. Texas is the only
State covered by these permits that has
an approved Coastal Zone Management
Plan. EPA Region 6 has determined that
the permit is consistent with the Texas
Coastal Zone Management Plan. The
Texas Coastal Zone Management Plan
procedures for Federal consistency with
Coastal Management Program goals and
policies (31 TAC 506.12) state that if an
activity requiring a state agency or
subdivision action above thresholds
requires an equivalent Federal permit,
the Texas Coastal Coordination Council
may determine the consistency of the
state agency/subdivision action or the
Federal permit, but not both. Permittees
whose construction projects are located
within the boundary of the Texas
Coastal Management Program above
thresholds will be required, as a part of
pre -construction project approval, to
have a consistency review by the Texas
Council. An additional consistency
review by the Texas Coastal
Coordination Council of the storm water
discharges from these construction
projects covered by today's permit is,
therefore, not required.
IV. Endangered Species Protection
A. Background
The Construction General Permit
(CGP) also contains conditions to ensure
the activities regulated by it are
protective of species that are listed
under the Endangered Species Act
(ESA) as endangered or threatened
(known as "listed species"), and listed
species habitat that is designated under
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36493
the ESA as critical ("critical habitat"). In discussions, correspondence, etc. concurrence on a finding of no
addition the permit's coverage does not between the Services and a Federal likelihood of adverse effects; or
extend to discharges and discharge -
related activities likely to jeopardize the
continued existence of species proposed
but not yet listed as endangered or
threatened or result in the adverse
modification of habitat proposed to be
designated critical habitat.
The ESA places several different
requirements on activities covered by
the CGP. First, section 9 of the ESA and
the ESA implementing regulations
generally prohibit any person from
"taking" a listed animal species (e.g.,
harassing or harming it) unless the take
is authorized under the ESA. This
prohibition applies to all entities and
includes EPA, permit applicants,
permittees and the public at large.
Second, section 7(a)(2) of the ESA
requires that Federal agencies consult
with the Fish and Wildlife Service
(FWS) or the National Marine Fisheries
Service (NMFS) ("the Services") to
insure that any action authorized,
funded or carried out by them (also
known as "agency actions") are not
likely to jeopardize the continued
existence of any listed species or result
in the destruction or adverse
modification of critical habitat.
Jeopardizing the continued existence of
a listed species means to engage in an
action that reasonably would be
expected, directly or indirectly, to
reduce appreciably the likelihood of
both the survival and recoveryof a
listed species in the wild by reducing
the reproduction, numbers or
distribution of that species (See 40 CFR
402.02).
The ESA section 7 implementing
regulations at 50 CFR 402 apply this
consultation requirement to any action
authorized by a Federal agency that may
affect listed species or critical habitat,
including permits. This effect, among
other things, can be beneficial,
detrimental, direct and indirect. The
issuance of the CGP by EPA is thus
subject to the ESA section 7(a)(2)
consultation requirements. Finally, ESA
section 7(a)(1) directs Federal agencies
to use their authority to further the
purposes of the ESA by carrying out
programs for the conservation of listed
species, and section 7(a) (4) directs
Federal agencies to confer with the
Services on Agency actions likely to
jeopardize the existence of species
proposed but not yet finally listed or
result in the adverse modification of
critical habitat proposed to be
designated.
The ESA regulations provide for two
types of consultation: formal and
informal. Informal consultation is an
optional process that includes
agency or a designated non -Federal
representative (NFR) to determine
whether a Federal action is likely to
have an adverse effect on listed species
or critical habitat. During informal
consultation the Services may suggest
modifications to the action that a
Federal agency, permit applicant or
non -Federal representative could
implement to avoid likely adverse
effects to listed species or critical
habitat. If adverse effects are likely and
those effects cannot be addressed
through informal consultation, then
formal ccnsultation generally occurs.
Also of relevance for the CGP are ESA
section 10 incidental taking permits.
Section 10 of the ESA allows persons,
including non -Federal entities to
incidentally take listed animal species,
where otherwise prohibited, through the
issuance of a permit after development
of a habitat conservation plan (HCP).
These procedures were developed to
allow non -Federal entities such as
developers to, among other things, alter
habitat without incurring takings
liability where take is minimized to the
extent practicable.
B. Conditions in the June 2, 19,197
Proposed Permit To Protect Species and
Critical Habitat
The CGP was proposed with a number
of conditions to ensure that storm water
discharges and best management
practices (BMPs) to control storm water
runoff were protective of listed species
or critical habitat. Specifically, coverage
under the proposed CGP would be
granted only under the following
circumstances:
1. An applicant's storm water
discharges or BMPs to control storm
water runoff were not likely to adversely
affect listed species (identified in
Addendum A of the permit) or critical
habitat; or
2. The applicant's activity was
previously authorized under § 7 or § 10
of the Endangered Species Act (ESA)
and that authorization addressed storm
water discharges and BMPs to control
storm water runoff; or
3. The applicant's activity was
considered as part of a larger, more
comprehensive assessment of impacts
on endangered and threatened species
under § 7 or § 10 of the ESA which
accounted for storm water discharges
and BMPs to control storm water runoff;
or
4. Consultation under § 7 of the ESA
was conducted for the applicant's
activity which resulted in either a no
jeopardy opinion or a written
5. The applicant's activity was
considered as part of a larger, more
comprehensive site-specific assessment
of impacts on endangered and
threatened species by the owner or other
operator of the site and that permittee
certified eligibility under items 1., 2., 3.
or 4. above.
The proposal required that applicants
assess the impacts of their "storm water
discharges" and "BMPs to control storm
water runoff"' on listed species and
critical habitat that are located "in
proximity" to the those discharges and
BMPs when developing Storm Water
Pollution Prevention Plans (SWPPPs) as
part of the application process. The
proposed CGP also required applicants
to include measures in SWPPPs to
protect listed species and critical
habitat. "In proximity" was defined in
Addendum A to include species:
► Located in the path or immediate
area through which or over which
contaminated point source storm water
flows from construction activities to the
point of discharge into the receiving
water;
► Located in the immediate vicinity
of, or nearby, the point of discharge into
receiving waters; or
► Located in the area of a site where
storm water BMPs are planned or are to
be constructed.
EPA also solicited comment on
whether the area or scope of impacts to
be considered by applicants should be
broadened to encompass listed species
found on the entire construction site
and not just those species found "in
proximity" as currently defined in
Addendum A.
Failure by permittees to abide by
measures in their SWPPPs to protect
species and critical habitat would
invalidate permit coverage. Attached to
the proposed permits were instructions
(Addendum A) to assist permit
applicants in making this inquiry. The
proposal indicated that a county -by -
county species list would be included in
Addendum A of the final permit to
assist applicants in determining if listed
species might be "in proximity" to
storm water discharges and BMPs. EPA
did not provide a draft species list in
proposed Addendum A. Instead, EPA
referred commenters to a similar species
list that was used for an earlier EPA -
issued storm water permit, the
Multisector Storm Water General
Permit, that was issued on September
29, 1995 (See 62 FR 29792, note 12, June
2, 1997).
36494 Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices
C. Final CGP Conditions To Protect results in either a no jeopardy opinion species are in the project area; and (3)
Listed Species or a written concurrence by the whether the applicant's storm water
On April 28, 1997, EPA entered into S f' A. th t th d' h r es and di'schar e -related
formal consultation with the Fish and
Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS) (the
"Services") for issuance of the CGP.
After discussions with the Services,
EPA terminated formal consultation and
entered into ESA section 7 informal
consultation and conferencing with the
Fish and Wildlife Service (FWS) and the
National Fisheries Service Services
(NMFS) on June 11, 1997. On November
4, and 26, 1997, EPA completed ESA
informal consultation when NMFS and
...... ........:.:
FWS provided their respective
concurrences with EPA's finding that
issuance of the CGP was not likely to
adversely affect listed species or critical
habitat. However, the negotiations on
CGP did not consider ongoing
construction projects; i.e., construction
projects which started prior to the
effective date of these permits.
In January, 1998, Region 6 decided to
address ESA certification issues for
ongoing construction projects before
finalizing the permit. In February, 1998,
EPA Region 6 began a supplemental
informal consultation with FWS and
NMFS on language to clarify
requirements for ongoing construction
activity. EPA Region 6 completed ESA
informal section 7 consultation and
conferencing when FWS and NMFS
provided their concurrences that
issuance of these permits is unlikely to
adversely affect listed species or critical
habitat on June 9, and 15, respectively.
With the completion of these
consultations, EPA Region 6 has
reduced the administrative burden
associated with obtaining permit
coverage for ongoing construction
projects for the federal agencies and the
regulated community.
Based on that consultation and in
consideration of comments received on
the June 2, 1997, proposal, EPA has
placed the following conditions in the
permit to protect listed species and
critical habitat (See Part I.B.3.e).
Coverage under the CGP is available for
construction projects only if:
a. The storm water discharges and
storm water discharge -related activities
are not likely to adversely affect listed
species or critical habitat (Part
I.B.3.e.(2)(a)); or
b. Formal or informal consultation
with the Services under section 7 of the
Endangered Species Act (ESA) has been
concluded which addresses the effects
of the applicant's storm water
discharges and storm water discharge -
related activities on listed species and
critical habitat and the consultation
OW
eryice(s) on a to mg a e
applicant's storm water discharges and
storm water discharge -related activities
are not likely to adversely affect listed
species or critical habitat. A section 7
consultation may occur in the context of
another Federal on (e.g., an ESA section
7 consultation was performed for
issuance of a wetlands dredge and fill
permit for the project, or as part of a
National Environmental Policy Act
[NEPA] review); or
c. The applicant's construction
activities are covered by a permit under
section 10 of the ESA and that permit
addresses the effects of the applicant's
storm water discharges and storm water
discharge -related activities on listed
species and critical habitat (Part
I.B.3.e.(2)(c)); or
d. The applicant's storm water
discharges and storm water discharge -
related activities were already addressed
in another operator's certification of
eligibility under Part I.B.3.e. (2) (a), (b), or
(c) which included the applicant's
project area. By certifying eligibility
under Part I.B.3.e.(2)(d), the applicant
agrees to comply with any measures or
controls upon which the other
operator's certification under Part
I.B.3.e.(2)(a), (b) or (c) was based.
The CGP requires that applicants
consider effects to listed species and
critical habitat when developing
SWPPPs and require that those plans
isc a g g
activities are likely to adversely affect
listed species or critical habitat. If
adverse effects are likely, then
applicants would have to meet one of
the eligibility requirements of Part
I.B.3.e. (2) (b) -(d) (paragraphs b., c., and
d. above) to receive permit coverage.
"Discharge -related activities" include
activities which cause point source
storm water pollutant discharges
including but not limited to excavation,
site development, and other surface
disturbing activities, and measures to
control, reduce or prevent storm water
pollution including the siting,
construction and operation of BMPs.
The "project area" includes:
1. Area(s) on the construction site
where storm water discharges originate
and flow towards the point of discharge
into the receiving waters (this includes
the entire area or areas where
excavation, site development, or other
ground disturbance activities occur),
and the immediate vicinity',
2. Area(s) where storm water
discharges flow from the construction
site to the point of discharge into
receiving waters;
3. Area(s) where storm water from
construction activities discharges into
the receiving waters and the area(s) in
the immediate vicinity of the point of
discharge; and
4. Area(s) where storm water BMPs
include measures, as appropriate, to
protect those resources. Failure by
permittees to abide by measures in the
SWPPPs to protect species and critical
habitat may invalidate permit coverage.
This permit requires all projects
commencing construction after the
effective date of this permit, to follow
the procedures provided in Addendum
A of the permit when applying for
permit coverage. The Director may also
require any existing permittee or
applicant to provide documentation of
eligibility for this permit using the
procedures in Addendum A, where EPA
or the Fish and Wildlife Services
determine that there is a potential
impaction on endangered or threatened
species or a critical habitat. Nothing in
the permit relieves applicants which are
under construction as of the effective
date of this permit of their obligations
they may have to comply with any
requirements of the Endangered Species
Act.
Addendum A contains instructions to
assist permit applicants in making this
inquiry. Those instructions require that
applicants ascertain: (1) If their
construction activities would occur in
critical habitat; (2) whether listed
will be constructed and operated,
including any area(s) where storm water
flows to and from BMPs.
The project area will vary with the
size and structure of the construction
activity, the nature and quantity of the
storm water discharges, the measures
(including BMPs) to control storm water
runoff, and the type of receiving waters.
Addendum A also contains
information on where to find
information on listed and proposed
species organized by State and county to
assist applicants in determining if
further inquiry is necessary as to
whether listed species are present in the
project area. Applicants can check the
Office of Wastewater Management's
website (http://www.epa.gov/owm).
CGP applicants can also get updated
species information for their county by
calling the appropriate FWS or NMFS
office. EPA Region 6 applicants can also
contact the EPA Region 6 Storm Water
Hotline (1-800-245-6510) for updated
species information.
The CGP also requires that applicants
comply with any conditions imposed
under the eligibility requirements of
Part I.B.3.e,(2)a., b., c., or d. above to
remain eligible for coverage under this
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36495
permit. Such conditions must be
incorporated in the applicant's SWPPP.
The CGP does not authorize any
prohibited take (as defined under
section 3 of the ESA and 50 CFR 17.3)
of endangered or threatened species
unless such takes are authorized under
sections 7 or 10 of the ESA. The CGP
does not authorize any storm water
discharges or storm water discharge -
related activities that are likely to
jeopardize the continued existence of
any species that are listed or proposed
to be listed as endangered or threatened
under the ESA or result in the adverse
modification or destruction of habitat
that is designated or proposed to be
designated as critical under the ESA.
It is EPA's intention to provide permit
applicants with the greatest possible
flexibility in meeting permit
requirements for protecting listed
species and critical habitat. Thus, EPA
is allowing applicants to use either
section 7 or section 10 ESA mechanisms
to address situations where adverse
effects are likely (See Part I.B.3.e. (2) (b)
and (c)). Also, to give applicants
additional flexibility in meeting the Part
I.B.3.e. eligibility requirements and with
the timing of informal consultations, the
permit automatically designates CGP
applicants as non -Federal
representatives for the purpose of
carrying out informal consultation.
However, EPA notes that meeting ESA
requirements raises difficult
implementation issues on how to best
ensure that the permits are protective of
listed species and critical habitats
without unduly burdening permit
applicants, permittees, and State, local,
and Federal governmental entities.
Thus, EPA intends in the future to
review those permit conditions and
procedures that relate to the ESA and
the protection of historic resources to
see how well that goal has been
achieved and may revise the permits if
necessary to better achieve that goal.
V. Historic Property Protection
A. Background
The National Historic Preservation
Act of 1966, as amended, (NHPA)
establishes a national historic
preservation program for the
identification and protection of historic
properties and resources. Under the
NHPA, identification of historic
properties is coordinated by the State
Historic Preservation Officers (SHPOs),
Tribal Historic Preservation Officers
(THPOs) or other Tribal Representatives
(in the absence of a THPO). Section 106
of the NHPA requires Federal agencies
to take into account the effects of their
actions on historic properties that are
listed or eligible for listing on the
National Register of Historic Places and
to seek comments from the Advisory
Council on Historic Preservation
(ACHP). The permit was proposed with
a number of conditions pertaining to the
consideration of historic properties.
EPA has decided to not include those
conditions because the ACHP and the
National Conference of State Historic
Preservation Officers (NCSHPO) have
requested that EPA not include such
conditions in the final permit at this
time. The ACHP and the NCSHPO have
recommended that EPA issue the permit
but recommend that EPA continue
working with them and Tribes regarding
the possible development of a more
comprehensive and efficient approach
to ensure that effects to historic
properties are given appropriate
consideration while ensuring undue
burdens are not imposed on applicants
and regulatory authorities. EPA plans to
continue working with the ACHP,
NCSHPO and Tribes on this effort and
may modify the permit to incorporate
procedures regarding the protection of
historic resources at a later date.
B. Future CCP Conditions To Protect or
Consider Effects to Historic Properties
In response to comments received on
the permit proposal and because the
Agency is still discussing historic
preservation with the Advisory Council
on Historic Preservation (ACHP), the
final permit reserves permit
requirements related to historic
preservation. Today's final permit does
not include the eligibility restrictions
and evaluation requirements from the
proposed permit. After future
discussions with the ACHP, EPA may
modify the permit to reflect those
discussions.
VI. Regulatory Review (Executive Order
12866)
Under Executive Order 12866, (58 FR
51735 [October 4, 1993]) the Agency
must determine whether the regulatory
action is "significant" and therefore
subject to OMB review and the
requirements of the Executive Order.
The Order defines "significant
regulatory action" as one that is likely
to result in a rule that may have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local or Tribal
governments or communities; create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; materially
alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or raise novel legal or
policy issues arising out of legal
mandates, the President's priorities, or
the principles set forth in the Executive
Order. It has been determined that this
re -issued general permit is not a
"significant regulatory action" under
the terms of Executive Order 12866.
VII. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Pub. L.
104-4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and Tribal governments and the private
sector. Under UMRA section 202, EPA
generally must prepare a written
statement, including a cost -benefit
analysis, for proposed and final rules
with "Federal mandates" that may
result in expenditures to State, local,
and Tribal governments, in the
aggregate, or to the private sector, of
$100 million or more in any one year.
Before promulgating an EPA rule for
which a written statement is needed,
UMRA § 205 generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most cost-
effective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of UMRA § 205 do not
apply when they are inconsistent with
applicable law. Moreover, UMRA § 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective
or least burdensome alternative if the
Administrator publishes an explanation
with the final rule why the alternative
was not adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including Tribal governments, it must
have developed under UMRA § 203 a
small government agency plan. The plan
must provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating and advising small
governments on compliance with the
regulatory requirements.
A. UMRA Section 202 and the
Construction General Permit
UMRA § 202 requires a written
statement containing certain
assessments, estimates and analyses
prior to the promulgation of certain
general notices of proposed rulemaking
(2 U.S.C. 1532). UMRA § 421 (10) defines
36496 Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices
"rule" based on the definition of rule in
the Regulatory Flexibility Act. Section
601 of the Regulatory Flexibility Act
defines "rule" to mean any rule for
which an agency publishes a general
notice of proposed rulemaking pursuant
to § 553 of the Administrative Procedure
Act. EPA does not propose to issue
NPDES general permits based on APA
§ 553. Instead, EPA relies on publication
of general permits in the Federal
Register in order to provide "an
opportunity for a hearing" under CWA
§402(a), 33 U.S.C. 1342(a). Nonetheless,
EPA has evaluated permitting
alternatives for regulation of storm
water discharges associated with
construction activity. The general
permit that EPA proposes to re -issue
would be virtually the same NPDES
general permit for construction that
many construction operators have used
over the past five years. Furthermore,
general permits provide a more cost and
time efficient alternative for the
regulated community to obtain NPDES
permit coverage than that provided
through individually drafted permits.
B. UMRA Section 203 and the
Construction General Permit
Agencies are required to prepare
small government agency plans under
UMRA § 203 prior to establishing any
regulatory requirement that might
significantly or uniquely affect small
governments. "Regulatory
requirements" might, for example,
include the requirements of these
NPDES general permits for discharges
associated with construction activity,
especially if a municipality sought
coverage under one of the general
permits. EPA envisions that some
municipalities—those with municipal
separate storm sewer systems serving a
population over 100,000—may elect to
seek coverage under these proposed
general permits. For many
municipalities, however, a permit
application is not required until August
7, 2001, for a storm water discharge
associated with construction activity
where the construction site is owned or
operated by a municipality with a
population of less than 100,000. (See 40
CFR 122.26(e)(1)(ii) and (g)).
In any event, any such permit
requirements would not significantly
affect small governments because most
State laws already provide for the
control of sedimentation and erosion in
a similar manner as today's general
permit. Permit requirements also would
not uniquely affect small governments
because compliance with the permit's
conditions affects small governments in
the same manner as any other entity
seeking coverage under the permit.
Thus, UMRA § 203 would not apply
VIII. Paperwork Reduction Act
On June 2, 1997, EPA solicited
comments on the proposed revision to
the current Information Collection
Request (ICR) document for this permit
(ICR approved OMB; OMB No. 2040-
0086, expiration, August 31, 1998) to
accommodate the increased information
requirements in the new NOI for the
construction general permit (62 FR
29826). A revised NOI form has been
approved (EPA Form 3510-9 OMB No.
2040-0188.) This revised form is
included in the permit in Addendum C.
EPA estimates an increase in the burden
associated with filling out the NOI form
for the permit due to added
requirements under the Endangered
Species Act. EPA also anticipates a
small increase in the time because of the
requirement to submit an NOT upon
completion of construction activities.
IX. Regulatory Flexibility Act
Under the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601 et seq., a Federal
agency must prepare an initial
regulatory flexibility analysis "for any
proposed rule" for which the agency "is
required by section 553 of [the
Administrative Procedure Act (APA)J,
or any other law, to publish general
notice of proposed rulemaking. The
RFA exempts from this requirement any
rule that the issuing agency certifies
"will not, if promulgated, have a
significant economic impact on a
substantial number of small entities."
EPA did not prepare an initial
regulatory flexibility analysis (IRFA) for
the proposed CGP. (Note that in today's
action, EPA is issuing a separate general
permit for each jurisdiction where EPA
issues permits; i.e., in certain States,
Indian Country lands and Federal
facilities within certain States. However,
for purposes of readability, reference is
made to the permits in the singular form
such as "permit" or "CGP" rather than
in plural form.) In the notice of the
proposed permit, EPA explained its
view that issuance of an NPDES general
permit is not subject to rulemaking
requirements, including the requirement
for a general notice of proposed
rulemaking, under APA section 553 or
any other law, and is thus not subject to
the RFA requirement to prepare an
IRFA. Nevertheless, in keeping with
EPA's policy to consider the impact of
its actions on small entities even when
it is not legally required to do so, the
Agency considered the potential impact
of the permit on small entities that
would be eligible for coverage under the
permit. EPA concluded that the permit,
if issued as drafted, would not have a
significant impact on a substantial
number of small entities. EPA based its
conclusion on the fact that the draft
permit was largely the same as the
previous permit issued in 1992 and, to
the extent it differed, provided
dischargers with more flexibility than
that permit allowed.
Some commenters on the proposed
CGP disagreed with EPA's conclusions
that NPDES general permits are not
subject to rulemaking requirements and
that the proposed permit would not
have a significant impact on small
entities. They asserted that the CGP is
subject to rulemaking requirements and
thus the RFA, and that the Agency
should have prepared an IRFA for the
permit.
In light of the comments received,
EPA further considered whether NPDES
general permits are subject to
rulemaking requirements. The Agency
reviewed its previous NPDES general
permitting actions and related
statements in the Federal Register or
elsewhere. This review suggests that the
Agency has generally treated NPDES
general permits effectively as rules,
though at times it has given contrary
indications as to whether these actions
are rules or permits. EPA also reviewed
again the applicable law, including the
CWA, relevant CWA case law and the
APA, as well as the Attorney General's
Manual on the APA (1947). On the basis
of its review, EPA has concluded, as set
forth in the proposal, that NPDES
general permits are permits under the
APA and thus not subject to APA
rulemaking requirements or the RFA.
The APA defines two broad, mutually
exclusive categories of agency action—
"rules" and "orders." Its definition of
"rule" encompasses "an agency
statement of general or particular
applicability and future effect designed
to implement, interpret, or prescribe law
or policy or describing the organization,
procedure, or practice requirements of
an agency * * *" APA section 551(4).
Its definition of "order" is residual: "a
final disposition * * * of an agency in
a matter other than rule making but
including licensing." APA section
551(6) (emphasis added). The APA
defines "license" to "include * * * an
agency permit * * *" APA section
551(8). The APA thus categorizes a
permit as an order, which by the APA's
definition is not a rule.
Section 553 of the APA establishes
"rule making" requirements. The APA
defines rule making as "the agency
process for formulating, amending, or
repealing a rule." APA § 551(5). By its
terms, then, § 553 applies only to
"rules" and not also to "orders," which
Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices 36497
include permits. As the Attorney
General's Manual on the APA explains,
"the entire Act is based upon a
dichotomy between rule making and
adjudication [the agency process for
formulation of an order]" (p. 14).
The CWA specifies the use of permits
for authorizing the discharge of
pollutants to waters of the United
States. Section 301(a) of the CWA
prohibits discharges of pollutants
"[except as in compliance with"
specified sections of the CWA,
including section 402. 33 U.S.C.
1311(a). Section 402 of the CWA
authorizes EPA "to issue a permit for
the discharge of any pollutant * *
notwithstanding section [301(a) of the
CWA]." 33 U.S.C. 1342(a). Thus, the
only circumstances in which a
discharge of pollution may be
authorized is where the Agency has
issued a permit for the discharge.
Courts, recognizing that a permit is the
necessary condition -precedent to any
lawful discharge, specifically suggested
the use of area -wide and general permits
as a mechanism for addressing the
Agency's need to issue a substantial
number of permits. See NRDC v. Train,
396 F.Supp. 1393, 1402 (D.D.C. 1975);
NRDC v. Costle, 568 F.2d 1369, 1381.
(D.C. Cir. 1977). Adopting the courts'
suggestion, EPA has made increasing
use of general permits in its CWA
regulatory program, particularly for
storm water discharges.
In the Agency's view, the fact that an
NPDES general permit may apply to a
large number of different dischargers
does not convert it from a permit into
a rule. As noted above, the courts which
have faced the issue of how EPA can
permit large numbers of discharges
under the CWA have suggested use of a
general permit, not a rule. Under the
APA, the two terms are mutually
exclusive. Moreover, an NPDES general
permit retains unique characteristics
that distinguish a permit from a rule.
First, today's NPDES general permit for
storm water discharges associated with
construction activity is effective only
with respect to those dischargers that
choose to be bound by the permit. Thus,
unlike the typical rule, this NPDES
general permit does not impose
immediately effective obligations of
general applicability. A discharger must
choose to be covered by this general
permit and so notify EPA. A discharger
always retains the option of obtaining
its own individual permit. Relatedly,
the terms of the NPDES general permit
are enforceable only against dischargers
that choose to make use of the permit.
If a source discharges without
authorization of a general or an
individual permit, the discharger
violates g 301 of the Act for discharging
without a permit, not for violating the
terms of an NPDES general permit.
Because the CWA and its case law
make clear that NPDES permits are the
congressionally chosen vehicle for
authorizing discharges of pollutants to
waters of the United States, the APA's
rulemaking requirements are
inapplicable to issuance of such
permits, including today's general
permit. Further, while the CWA requires
that NPDES permits be issued only after
an opportunity for a hearing, it does not
require publication of a general notice of
proposed rulemaking. Thus, NPDES
permitting is not subject to the
requirement to publish a general notice
of proposed rulemaking under the APA
or any other law. Accordingly, it is not
subject to the RFA.
At the same time, the Agency
recognizes that the question of the
applicability of the APA, and thus the
RFA, to the issuance of a general permit
is a difficult one, given the fact that a
large number of dischargers may choose
to use the general permit. Indeed, the
point of issuing a general permit is to
provide a speedier means of permitting
large number of sources and save
dischargers and EPA time and effort.
Since the Agency hopes that many
dischargers will make use of a general
permit and since the CWA requires EPA
to provide an opportunity for "a
hearing" prior to issuance of a permit,
EPA provides the public with notice of
a draft general permit and an
opportunity to comment on it. From
public comments, EPA learns how to
better craft a general permit to make it
appropriate for, and acceptable to, the
largest number of potential permittees.
This same process also provides an
opportunity for EPA to consider the
potential impact of general permit terms
on small entities and how to craft the
permit to avoid any undue burden on
small entities. This process, however, is
voluntary, and does not trigger
rulemaking or RFA requirements.
In the case of the CGP being issued
today, the Agency has considered and
addressed the potential impact of the
general permit on small entities in a
manner that would meet the
requirements of the RFA if it applied.
Specifically, EPA has analyzed the
potential impact of the general permit
on small entities and found that it will
not have a significant economic impact
on a substantial number of small
entities. Like the previous general
permit that it replaces (the Baseline
Construction General Permit), the
permit will make available to many
small entities, particularly operators of
construction sites, a streamlined process
for obtaining authorization to discharge.
Of the possible permitting mechanisms
available to dischargers subject to the
CWA, NPDES general permits are
designed to reduce the reporting and
monitoring burden associated with
NPDES permit authorization, especially
for small entities with discharges having
comparatively less potential for
environmental degradation than
discharges typically regulated under
individual NPDES permits. Thus,
general permits like the permit at issue
here provide small entities with a
permitting application option that is
much less burdensome than NPDES
individual permit applications.
Furthermore, the general permit is
virtually identical to its predecessor, the
Baseline Construction General Permit,
under which many construction
operators have operated during the past
five years. Moreover, the other new
provisions of the permit have been
designed to minimize burdens on small
entities, including eliminating the
requirement that construction site
operators require that their contractors
and subcontractors sign a standard
certification statement agreeing to abide
by storm water pollution prevention
plan provisions developed for a project.
In today's general permit, only the
operator(s) of a construction site are
required to satisfy certification
requirements under the permit. EPA
believes this modification from the prior
permit should reduce any such adverse
economic impacts on both operators and
contractors/subcontractors who, in
many instances, are small entities. In
view of the foregoing, the Regional
Administrators find that the final
general permit, even if it were a rule,
will not have a significant economic
impact on a substantial number of small
entities.
Storm Water General Permit for
Construction Activities in Region 6
NPDES Permit No. [See Part I.A.]
Authorization to Discharge Under the
National Pollutant Discharge
Elimination System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq.), except as provided
in Part I.B.3 of this permit, operators of
construction activities located in an area
specified in Part I.A. and who submit a
Notice of Intent in accordance with Part
II, are authorized to discharge pollutants
to waters of the United States in
accordance with the conditions and
requirements set forth herein.
This permit shall become effective on
[insert the date of publication of the
final permit in the Federal Register].
N
36498 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
This permit and the authorization to
discharge shall expire at midnight, July
T, 2003.
Signed: June 24, 1998.
William B. Hathaway,
Director, Water Quality Protection Division.
NPDES General Permits for Storm
Water Discharges from Construction
Activities
Table of Contents
Part I. Coverage Under this Permit
A. Permit Area
B. Eligibility
C. Obtaining Authorization
D. Terminating Coverage
Part Il. Notice of Intent Requirements
A. Deadlines for Notification
B. Contents of Notice of Intent
C. Where to Submit
Part III. Special Conditions, Management
Practices, and Other Non -Numeric
Limitations
A. Prohibition on Non -Storm Water
Discharges
B. Releases in Excess of Reportable
Quantities
C. Spills
D. Discharge Compliance with Water
Quality Standards
E. Responsibilities of Operators
F. Consistency with the Texas Coastal
Management Program
Part IV. Storm Water Pollution Prevention
Plans
A. Deadlines for PlanPreparation and
Compliance
B. Signature, Plan Review and Making
Plans Available
C. Keeping Plans Current
D. Contents of Plan
Part V. Retention of Records
A. Documents
B. Accessibility
C. Addresses
Part VI. Standard Permit Conditions
A. Duty to Comply
B. Continuation of the Expired General
Permit
C. Need to Halt or Reduce Activity not a
Defense
D. Duty to Mitigate
E. Duty to Provide Information.
F. Other Information
G. Signatory Requirements
H. Penalties for Falsification of Reports
I. Oil and Hazardous Substance Liability
J. Property Rights
K. Severability
L. Requiring an Individual Permit or an
Alternative General Permit
M. State/Tribal Environmental Laws
N. Proper Operation and Maintenance
O. Inspection and Entry
P. Permit Actions
Part VII. Reopener Clause
Part VIII. Termination of Coverage
A. Notice of Termination
B. Addresses
Part IX. Definitions
Part X. Permit Conditions Applicable to
Specific States, Indian Country Lands, or
Territories
Addenda
A. Endangered Species
B. Historic Properties (Reserved)
C. Notice of Intent (NOD Form
D. Notice of Termination (NOT) Form
Part I. Coverage Under This Permit
A. Permit Area
The permit language is structured as
if it were a single permit, with State,
Indian Country land, or other area -
specific conditions specified in Part X.
Permit coverage is actually provided by
legally separate and distinctly
numbered permits covering each of the
following areas:
Region 6
LAR10*##I: Indian Country lands in the
State of Louisiana
NMR10*###: The State of New Mexico,
except Indian Country lands
NMR10*##I: Indian Country lands in the
State of New Mexico, except Navajo
Reservation Lands and Ute Mountain
Reservation Lands
OKR10*##I: Indian Country lands in the
State of Oklahoma
OKR10*##F: Oil and Gas Sites in State
of Oklahoma
TXR10*###: The State of Texas, except
Indian Country lands
TXR10*##I: Indian Country lands in the
State of Texas
B. Eligibility
1. Permittees are authorized to
discharge pollutants in storm water
runoff associated with construction
activities as defined in 40 CFR
122.26(b)(14)(x) and those construction
site discharges designated by the
Director as needing a storm water
permit under 122.26 (a) (1) (v) or under
122.26(a)(9) and 122.26(g)(1)(i).
Discharges identified under Part I.B.3
are excluded from coverage. Any
discharge authorized by a different
NPDES permit may be commingled with
discharges authorized by this permit.
2. This permit also authorizes storm
water discharges from support activities
(e.g., concrete or asphalt batch plants,
equipment staging yards, material
storage areas, excavated material
disposal areas, borrow areas) provided:
a. The support activity is directly
related to a construction site that is
required to have NPDES permit
coverage for discharges of storm water
associated with construction activity;
b. The support activity is not a
commercial operation serving multiple
unrelated construction projects by
different operators, and does not operate
beyond the completion of the
construction activity at the last
construction project it supports; and
c. Appropriate controls and measures
are identified in a storm water pollution
prevention plan covering the discharges
from the support activity areas.
3. Limitations on Coverage
a. Post Construction Discharges. This
permit does not authorize storm water
discharges that originate from the site
after construction activities have been
completed and the site, including any
temporary support activity site, has
undergone final stabilization. Industrial
post -construction storm water
discharges may need to be covered by a
separate NPDES permit.
b. Discharges Mixed with Non -Storm
Water. This permit does not authorize
discharges that are mixed with sources
of non -storm water, other than those
discharges which are identified in Part
III.A.2. or 3. (exceptions to prohibition
on non -storm water discharges) and are
in compliance with Part IV.D.5 (non -
storm water discharges).
c. Discharges Covered by Another
Permit. This permit does not authorize
storm water discharges associated with
construction activity that have been
covered under an individual permit or
required to obtain coverage under an
alternative general permit in accordance
with Part VI.L.
d. Discharges Threatening Water
Quality. This permit does not authorize
storm water discharges from
construction sites that the Director
(EPA) determines will cause, or have
reasonable potential to cause or
contribute to, violations of water quality
standards. Where such determinations
have been made, the Director may notify
the operator(s) that an individual permit
application is necessary in accordance
with Part VI.L. However, the Director
may authorize coverage under this
permit after appropriate controls and
implementation procedures designed to
bring the discharges into compliance
with water quality standards have been
included in the storm water pollution
prevention plan;
e. Storm water discharges and storm
water discharge -related activities that
are not protective of Federally listed
endangered and threatened ("listed')
species or designated critical habitat
("critical habitat').
(1) For the purposes of complying
with the Part I.B.3.e. eligibility
requirements, "storm water discharge -
related activities" include:
(a) Activities which cause, contribute
to, or result in point source storm water
pollutant discharges, including but not
limited to: excavation, site
development, grading and other surface
disturbance activities; and
(b) Measures to control storm water
including the siting, construction and
operation of best management practices
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36499
(BMPs) to control, reduce or prevent
storm water pollution.
(2) Coverage under this permit is
available only if the applicant certifies
that it meets at least one of the criteria
in paragraphs (a)—(d) below. Failure to
continue to meet one of these criteria
during the term of the permit will
render a permittee ineligible for
coverage under this permit.
(a) The storm water discharges and
storm water discharge -related activities
are not likely to adversely affect listed
species or critical habitat; or
(b) Formal or informal consultation
with the Fish and Wildlife Service and/
or the National Marine Fisheries Service
(the "Services") under section 7 of the
Endangered Species Act (ESA) has been
concluded which addresses the effects
of the applicant's storm water
discharges and storm water discharge -
related activities on listed species and
critical habitat and the consultation
results in either a no jeopardy opinion
or a written concurrence by the
Service(s) on a finding that the
applicant's storm water discharges and
storm water discharge -related activities
are not likely to adversely affect listed
species or critical habitat. A section 7
consultation may occur in the context of
another Federal action (e.g., a ESA
section 7 consultation was performed
for issuance of a wetlands dredge and
fill permit for the project, or as part of
a National Environmental Policy Act
(NEPA) review); or
(c) The applicant's construction
activities are authorized under section
10 of the ESA and that authorization
addresses the effects of the applicant's
storm water discharges and storm water
discharge -related activities on listed
species and critical habitat; or
(d) The applicant's storm water
discharges and storm water discharge -
related activities were already addressed
in another operator's certification of
eligibility under Part I.B.3.e.(2) (a), (b), or
(c) which included the applicant's
project area. By certifying eligibility
under Part I.B.3.e.(2)(d), the applicant
agrees to comply with any measures or
controls upon which the other
operator's certification under Part
I.13.3.e.(2)(a), (b) or (c) was based.
(3) For all projects commencing
construction after the effective date of
this permit, applicants must follow the
procedures provided at Addendum A of
this permit when applying for permit
coverage. The Director may also require
any existing permittee or applicant to
provide documentation of eligibility for
this permit using the procedures in
Addendum A, where EPA or the Fish
and Wildlife Services determine that
there is a potential impaction on
endangered or threatened species or a
critical habitat. Nothing in this permit
relieves applicants which are under
construction as of the effective date of
this permit of their obligations they may
have to comply with any requirements
of the Endangered Species Act.
(4) The applicant must comply with
any applicable terms, conditions or
other requirements developed in the
process of meeting eligibility
requirements of Part I.B.3.e.(2)(a), (b),
(c), or (d) above to remain eligible for
coverage under this permit. Such terms
and conditions must be incorporated in
the applicant's storm water pollution
prevention plan.
(5) Applicants who choose to conduct
informal consultation to meet the
eligibility requirements of Part
I.13.3.e.(2)(b) are automatically
designated as non -Federal
representatives under this permit. See
50 CFR 402.08. Applicants who choose
to conduct informal consultation as a
non -Federal representatives must notify
EPA and the appropriate Service office
in writing of that decision.
(6) This permit does not authorize any
storm water discharges where the
discharges or storm water discharge -
related activities cause prohibited
"take" (as defined under section 3 of the
Endangered Species Act and 50 CFR
17.3) of endangered or threatened
species unless such takes are authorized
under sections 7 or 10 of the
Endangered Species Act.
(7) This permit does not authorize any
storm water discharges where the
discharges or storm water discharge -
related activities are likely to jeopardize
the continued existence of any species
that are listed or proposed to be listed
as endangered or threatened under the
ESA or result in the adverse
modification or destruction of habitat
that is designated or proposed to be
designated as critical under the ESA.
f. Storm water Discharges and Storm
Water Discharge -Related Activities with
Unconsidered Adverse Effects on
Historic Properties. (Reserved)
C. Obtaining Authorization
1. In order for storm water discharges
from construction activities to be
authorized under this general permit, an
operator must:
a. Meet the Part I.B eligibility
requirements;
b. Except as provided in Parts II.A.5
and II.A.6, develop a storm water
pollution prevention plan (SWPPP)
covering either the entire site or all
portions of the site for which they are
operators (see definition in Part IX.N)
according to the requirements in Part IV.
A ';joint" SWPPP may be developed and
implemented as a cooperative effort
where there is more than one operator
at a site; and
c. Submit a Notice of Intent (NOI) in
accordance with the requirements of
Part II, using an NOI form provided in
Addendum C of this permit. Only one
NOI need be submitted to cover all of
the permittee's activities on the
common plan of development or sale
(e.g., you do not need to submit a
separate NOI for each separate lot in a
residential subdivision or for two
separate buildings being constructed at
a manufacturing facility, provided your
SWPPP covers each area for which you
are an operator). The SWPPP must be
implemented upon commencement of
construction activities.
2. Any new operator on site,
including those who replace an operator
who has previously obtained permit
coverage, must submit an NOI to obtain
permit coverage.
3. Unless notified by the Director to
the contrary, operators who submit a
correctly completed NOI in accordance
with the requirements of this permit are
authorized to discharge storm water
from construction activities under the
terms and conditions of this permit two
(2) days after the date that the NOI is
postmarked. The Director may deny
coverage under this permit and require
submittal of an application for an
individual NPDES permit based on a
review of the NOI or other information
(see Part VI.Q.
D. Terminating Coverage
1. Permittees wishing to terminate
coverage under this permit must submit
a Notice of Termination (NOT) in
accordance with Part VIII of this permit.
Compliance with this permit is required
until an NOT is submitted. The
permittee's authorization to discharge
under this permit terminates at
midnight of the day the NOT is signed.
2. All permittees must submit a NOT
within thirty (30) days after one or more
of the following conditions have been
met:
a. Final stabilization (see definition
Part IX.I) has been achieved on all
portions of the site for which the
permittee is responsible (including if
applicable, returning agricultural land
to its pre -construction agricultural use);
b. Another operator/permittee has
assumed control according to Part
VI.G.2.c. over all areas of the site that
have not been finally stabilized; or
c. For residential construction only,
temporary stabilization has been
completed and the residence has been
transferred to the homeowner.
Enforcement actions may be taken if
a permittee submits a NOT without
5W
36500 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
meeting one or more of these b. For the first 90 days from the proposed threatened or endangered
conditions. effective date of this permit, comply species, or designated critical habitat,
Part II. Notice of Intent Requirements with the terms and conditions of the are in proximity to the storm water
1992 baseline construction general discharges or storm water discharge -
A. Deadlines for Notification
1. Except as provided in Parts II.A.3,
II.A.4, II.A.5 or II.A.6 below, parties
defined as operators (see definition in
Part IX.N) due to their operational
control over construction plans and
specifications, including the ability to
make modifications to those plans and
specifications, must submit a Notice of
Intent (NOI) in accordance with the
requirements of this Part at least two (2)
days prior to the commencement of
construction activities (i.e., the initial
disturbance of soils associated with
clearing, grading, excavation activities,
or other construction activities).
2. Except as provided in Parts II.A.3,
II.A.4, II.A.5 or II.A.6 below, parties
defined as operators (see definition in
Part IX.N) due to their day-to-day
operational control over activities at a
project which are necessary to ensure
compliance with a storm water
pollution prevention plan or other
permit conditions (e.g., general
contractor, erosion control contractor)
must submit a NOI at least two (2) days
prior to commencing work on-site.
3. For storm water discharges from
construction projects where the operator
changes, including instances where an
operator is added after a NOI has been
submitted under Parts II.A.1 or II.A.2,
the new operator must submit a NOI at
least two (2) days before assuming
operational control over site
specifications or commencing work on-
site.
4. Operators are not prohibited from
submitting late NOIs. When a late NOI
is submitted, authorization is only for
discharges that occur after permit
coverage is granted. The Agency
reserves the right to take appropriate
enforcement actions for any
unpermitted activities that may have
occurred between the time construction
commenced and authorization of future
discharges is granted (typically 2 days
after a complete NOI is submitted).
5. Operators of on-going construction
projects as of the effective date of this
permit which received authorization to
discharge for these projects under the
1992 baseline construction general
permit must:
a. Submit a NOI according to Part II.B.
within 90 days of the effective date of
this permit. If the permittee is eligible
to submit a Notice of Termination (e.g.,
construction is finished and final
stabilization has been achieved) before
the 90th day, a new NOI is not required
to be submitted;
ww
permit they were previously authorized
related activities to be covered by this
under; and
permit;
c. Update their storm water pollution
j. Under which section(s) of Part
prevention plan to comply with the
I.B.3.e. (Endangered Species) the
requirements of Part IV within 90 days
applicant is certifying eligibility; and
after the effective date of this permit.
Note that as of the effective date of
6. Operators of on-going construction
this permit, reporting of information
projects as of the effective date of this
relating to the preservation of historic
permit which did not receive
properties has been reserved and is not
authorization to discharge for these
required at this time. Such reservation
projects under the 1992 baseline
in no way relieves applicants or
construction general permit must:
permittees from any otherwise
a. Prepare and comply with an
applicable obligations or liabilities
interim storm water pollution
related to historic preservation under
prevention plan in accordance with the
State, Tribal or local law. After further
1992 baseline construction general
discussions between EPA and the
permit prior to submitting an NOI:
Advisory Council on Historic
b. Submit a NOI according to Part II.B;
Preservation, the Agency may modify
andthe
permit. Any such modification may
c. Update their storm water pollution
affect future Notice of Intent reporting
prevention plan to comply with the
requirements.
requirements of Part IV within 90 days
after the effective date of this permit.
C. Where To Submit
B. Contents of Notice of Intent (N01)
1. Use of Revised NOI Form
The revised NOI form [EPA Form
3510-9] shall be signed in accordance
with Part VI.G of this permit and shall
include the following information:
a. The name, address, and telephone
number of the operator filing the NOI
for permit coverage;
b. An indication of whether the
operator is a Federal, State, Tribal,
private, or other public entity;
c. The name (or other identifier),
address, county, and latitude/longitude
of the construction project or site;
d. An indication of whether the
project or site is located on Indian
Country lands:
e. Confirmation that a storm water
pollution prevention plan (SWPPP) has
been developed or will be developed
prior to commencing construction
activities, and that the SWPPP will be
compliant with any applicable local
sediment and erosion control plans.
Copies of SWPPPs or permits should not
be included with the NOI submission;
f. Optional information: the location
where the SWPPP may be viewed and
the name and telephone number of a
contact person for scheduling viewing
times;
g. The name of the receiving water(s);
h. Estimates of project start and
completion dates, and estimates of the
number of acres of the site on which soil
will be disturbed (if less than 1 acre,
enter "1
i. Based on the instructions in
Addendum A, whether any listed or
1. NOIs must be signed in accordance
with Part VI.G. and sent to the following
address: Storm Water Notice of Intent
(4203), US EPA, 401 M Street, SW,
Washington, DC 20460.
Part III. Special Conditions,
Management Practices, and Other Non -
Numeric Limitations
A. Prohibition on Non -Storm Water
Discharges
1. Except as provided in Parts I.B.2 or
3 and III.A.2 or 3, all discharges covered
by this permit shall be composed
entirely of storm water associated with
construction activity.
2. Discharges of material other than
storm water that are in compliance with
an NPDES permit (other than this
permit) issued for that discharge may be
discharged or mixed with discharges
authorized by this permit.
3. The following non -storm water
discharges from active construction sites
are authorized by this permit provided
the non -storm water component of the
discharge is in compliance with Part
IV.D.5 (non -storm water discharges):
discharges from fire fighting activities;
fire hydrant flushings; waters used to
wash vehicles where detergents are not
used; water used to control dust in
accordance with Part IV.D.2.c.(2);
potable water sources including
waterline flushings; routine external
building wash down which does not use
detergents; pavement washwaters where
spills or leaks of toxic or hazardous
materials have not occurred (unless all
spilled material has been removed) and
where detergents are not used; air
Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices 36501
conditioning condensate;
uncontaminated ground water or spring
water; and foundation or footing drains
where flows are not contaminated with
process materials such as solvents.
B. Releases in Excess of Reportable
Quantities
The discharge of hazardous
substances or oil in the storm water
discharge(s) from a facility shall be
prevented or minimized in accordance
with the applicable storm water
pollution prevention plan for the
facility. This permit does not relieve the
permittee of the reporting requirements
of 40 CFR 110, 40 CFR 117 and 40 CFR
302. Where a release containing a
hazardous substance or oil in an amount
equal to or in excess of a reportable
quantity established under either 40
CFR 110, 40 CFR 117 or 40 CFR 302,
occurs during a 24 hour period:
1. The permittee is required to notify
the National Response Center (NRC)
(800-424-8802; in the Washington, DC,
metropolitan area call 202-426-2675) in
accordance with the requirements of 40
CFR 110, 40 CFR 117 and 40 CFR 302
as soon as he or she has knowledge of
the discharge;
2. The storm water pollution
prevention plan required under Part IV
of this permit must be modified within
14 calendar days of knowledge of the
release to: provide a description of the
release, the circumstances leading to the
release, and the date of the release. In
addition, the plan must be reviewed to
identify measures to prevent the
reoccurrence of such releases and to
respond to such releases, and the plan
must be modified where appropriate.
C. Spills
This permit does not authorize the
discharge of hazardous substances or oil
resulting from an on-site spill.
D. Discharge Compliance With Water
Quality Standards
Operators seeking coverage under this
permit shall not be causing or have the
reasonable potential to cause or
contribute to a violation of a water
quality standard. Where a discharge is
already authorized under this permit
and is later determined to cause or have
the reasonable potential to cause or
contribute to the violation of an
applicable water quality standard, the
Director will notify the operator of such
violation(s). The permittee shall take all
necessary actions to ensure future
discharges do not cause or contribute to
the violation of a water quality standard
and document these actions in the storm
water pollution prevention plan. If
violations remain or re -occur, then
coverage under this permit may be
terminated by the Director, and an
alternative general permit or individual
permit may be issued. Compliance with
this requirement does not preclude any
enforcement activity as provided by the
Clean Water Act for the underlying
violation.
E. Responsibilities of Operators
Permittees may meet one or both of
the operational control components in
the definition of "operator" found in
Part IX.N. Either Parts III.E.1 or III.E.2 or
both will apply depending on the type
of operational control exerted by an
individual permittee. Part III.E.3 applies
to all permittees.
1. Permittees with operational control
over construction plans and
specifications, including the ability to
make modifications to those plans and
specifications (e.g., developer or owner),
must:
a. Ensure the project specifications
that they develop meet the minimum
requirements of Part IV (Storm Water
Pollution Prevention Plans (SWPPP))
and all other applicable conditions;
b. Ensure that the SWPPP indicates
the areas of the project where they have
operational control over project
specifications (including the ability to
make modifications in specifications),
and ensure all other permittees
implementing portions of the SWPPP
impacted by any changes they make to
the plan are notified of such
modifications in a timely manner; and
c. Ensure that the SWPPP for portions
of the project where they are operators
indicates the name and NPDES permit
number for parties with day-to-day
operational control of those activities
necessary to ensure compliance with the
SWPPP or other permit conditions. If
these parties have not been identified at
the time the SWPPP is initially
developed, the permittee with
operational control over project
specifications shall be considered to be
the responsible party until such time as
the authority is transferred to another
party (e.g., general contractor) and the
plan updated.
2. Permittee(s) with day-to-day
operational control of those activities at
a project which are necessary to ensure
compliance with a SWPPP for the site
or other permit conditions (e.g., general
contractor) must:
a. Ensure that the SWPPP for portions
of the project where they are operators
meets the minimum requirements of
Part IV (Storm Water Pollution
Prevention Plan) and identifies the
parties responsible for implementation
of control measures identified in the
plan;
b. Ensure that the SWPPP indicates
areas of the project where they have
operational control over day-to-day
activities;
c. Ensure that the SWPPP for portions
of the project where they are operators
indicates the name and NPDES permit
number of the party(ies) with
operational control over project
specifications (including the ability to
make modifications in specifications);
3. Permittees with operational control
over only a portion of a larger
construction project (e.g., one of four
homebuilders in a subdivision) are
responsible for compliance with all
applicable terms and conditions of this
permit as it relates to their activities on
their portion of the construction site,
including protection of endangered
species and implementation of BMPs
and other controls required by the
SWPPP. Permittees shall ensure either
directly or through coordination with
other permittees, that their activities do
not render another party's pollution
controls ineffective. Permittees must
either implement their portions of a
common SWPPP or develop and
implement their own SWPPP.
F. Consistency With the Texas Coastal
Management Program
This permit does not relieve
permittees whose construction project is
located within the boundary of the
Texas Coastal Management Program of
their responsibility to insure
consistency with all applicable
requirements of this State program.
While pre -construction approval of
development projects is not within the
jurisdiction of the Federal NPDES
permit program, State or local pre -
construction project approvals and/or
permits may be required. The
permittee's Storm Water Pollution
Prevention Plan must be consistent with
any storm water discharge -related
requirements established pursuant to, or
necessary to be consistent with, the
Texas Coastal Management Program.
This permit may be reopened, upon
petition by the State, to include more
stringent discharge requirements
applying to areas within the State's
designated coastal zone.
The Texas Coastal Management
Program boundary covers part or all of
the following Texas Counties: Aransas,
Brazoria, Calhoun, Cameron, Chambers,
Galveston, Harris, Jackson, Jefferson,
Kenedy, Kleberg, Matagorda, Nueces,
Orange, Refugio, San Patricio, Victoria,
and Willacy. To determine if a
construction project is located within
the Texas Coastal Zone, and if so, the
applicable requirements of the Texas
Coastal Management Program, please
36502 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
contact the Texas General Land Office's
Permittees must implement the
inspection. Also, in the interest of
Coastal Hotline at 1 -800 -85 -BEACH or
applicable provisions of the SWPPP
public involvement, EPA encourages
access their Internet site at "http://
required under this part as a condition
permittees to make their SWPPPs
red.glo.state.tx.us/res-mgmUcoastal/".
of this permit
available to the public for viewing
Information is also available from the
Texas Coastal Coordination Council's
A. Deadlines for Plan Preparation and
during normal business hours.
4. The Director may notify the
Coastal Permitting Assistance Office at
Compliance
permittee at any time that the SWPPP
1 -888 -3 -PERMIT or via the Internet at
The storm water pollution prevention
does not meet one or more of the
"http://red.glo.state.tx.us/
plan shall:
minimum requirements of this Part.
coastalpermits/".
1. Be completed prior to the submittal
Such notification shall identify those
Part IV. Storm Water Pollution
of an NOI to be covered under this
permit (except as provided in Parts
provision of this permit which are not
being met by the SWPPP as well as
Prevention Plans
II.A.5 and II.A.6) updated as
those requiring modification in order to
At least one storm water pollution
prevention plan (SWPPP) shall be
developed for each construction project
or site covered by this permit. For more
effective coordination of BMPs and
opportunities for cost sharing, a
cooperative effort by the different
operators at a site to prepare and
participate in a comprehensive SWPPP
is encouraged. Individual operators at a
site may, but are not required, to
develop separate SWPPPs that cover
only their portion of the project
provided reference is made to other
operators at the site. In instances where
there is more than one SWPPP for a site,
coordination must be conducted
between the permittees to ensure the
storm water discharge controls and
other measures are consistent with one
another (e.g., provisions to protect listed
species and critical habitat).
Storm water pollution prevention
plans shall be prepared in accordance
with good engineering practices. The
SWPPP shall identify potential sources
of pollution which may reasonably be
expected to affect the quality of storm
water discharges from the construction
site. The SWPPP shall describe and
ensure the implementation of practices
which will be used to reduce the
pollutants in storm water discharges
associated with construction activity at
the construction site and assure
compliance with the terms and
conditions of this permit.
When developing SWPPPs, applicants
must follow the procedures in
Addendum A of this permit to
determine whether listed endangered or
threatened species or critical habitat
would be affected by the applicant's
storm water discharges or storm water
discharge -related activities. Any
information on whether listed species or
critical habitat are found in proximity to
the construction site must be included
in the SWPPP. Any terms or conditions
that are imposed under the eligibility
requirements of Part I.B.3.e and
Addendum A of this permit to protect
listed species or critical habitat from
storm water discharges or storm water
discharge -related activity must be
incorporated into the SWPPP.
appropriate; and
2. Provide for compliance with the
terms and schedule of the SWPPP
beginning with the initiation of
construction activities.
B. Signature, Plan Review and Making
Plans Available
1. The SWPPP shall be signed in
accordance with Part VI.G, and be
retained on-site at the facility which
generates the storm water discharge in
accordance with Part V (Retention of
Records) of this permit.
2. The permittee shall post a notice
near the main entrance of the
construction site with the following
information:
a. The NPDES permit number for the
project or a copy of the NOI if a permit
number has not yet been assigned;
b. The name and telephone number of
a local contact person;
c. A brief description of the project;
and
d. The location of the SWPPP if the
site is inactive or does not have an on-
site location to store the plan.
If posting this information near a
main entrance is infeasible due to safety
concerns, the notice shall be posted in
a local public building. If the
construction project is a linear
construction project (e.g., pipeline,
highway, etc.), the notice must be
placed in a publicly accessible location
near where construction is actively
underway and moved as necessary. This
permit does not provide the public with
any right to trespass on a construction
site for any reason, including inspection
of a site; nor does this permit require
that permittees allow members of the
public access to a construction site.
3. The permittee shall make SWPPPs
available upon request to the Director, a
State, Tribal or local agency approving
sediment and erosion plans, grading
plans, or storm water management
plans; local government officials; or the
operator of a municipal separate storm
sewer receiving discharges from the site.
The copy of the SWPPP that is required
to be kept on-site or locally available
must be made available to the Director
for review at the time of an on-site
meet the minimum requirements of this
Part. Within seven (7) calendar days of
receipt of such notification from the
Director (or as otherwise provided by
the Director), the permittee shall make
the required changes to the SWPPP and
shall submit to the Director a written
certification that the requested changes
have been made. The Director may take
appropriate enforcement action for the
period of time the permittee was
operating under a plan that did not meet
the minimum requirements of this
permit.
C. Keeping Plans Current
The permittee must amend the storm
water pollution prevention plan
whenever:
1. There is a change in design,
construction, operation, or maintenance
which has a significant effect on the
discharge of pollutants to the waters of
the United States which has not been
addressed in the SWPPP; or
2. Inspections or investigations by site
operators, local, State, Tribal or Federal
officials indicate the SWPPP is proving
ineffective in eliminating or
significantly minimizing pollutants
from sources identified under Part
IV.D. i of this permit, or is otherwise not
achieving the general objectives of
controlling pollutants in storm water
discharges associated with construction
activity.
D. Contents of Plan
The storm water pollution prevention
plan (SWPPP) shall include the
following items:
1. Site Description
Each SWPPP shall provide a
description of potential pollutant
sources and other information as
indicated below:
a. A description of the nature of the
construction activity:
b. A description of the intended
sequence of major activities which
disturb soils for major portions of the
site (e.g., grubbing, excavation, grading,
utilities and infrastructure installation);
c. Estimates of the total area of the site
and the total area of the site that is
Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices 36503
expected to be disturbed by excavation,
clearly describe for each major activity
schedule of when the practices will be
grading, or other activities including off-
identified in Part IV.D.I.b: (a)
implemented. Site plans should ensure
site borrow and fill areas;
appropriate control measures and the
that existing vegetation is preserved
d. An estimate of the runoff
general timing (or sequence) during the
where attainable and that disturbed
coefficient of the site for both the pre-
construction process that the measures
portions of the site are stabilized.
construction and post -construction
will be implemented; and (b) which
Stabilization practices may include but
conditions and data describing the soil
permittee is responsible for
are not limited to; establishment of
or the quality of any discharge from the
implementation (e.g., perimeter controls
temporary vegetation, establishment of
site;
for one portion of the site will be
permanent vegetation, mulching,
e. A general location map (e.g., a
installed by Contractor A after the
geotextiles, sod stabilization, vegetative
portion of a city or county map) and a
clearing and grubbing necessary for
buffer strips, protection of trees,
site map indicating the following:
installation of the measure, but before
preservation of mature vegetation, and
drainage patterns and approximate
the clearing and grubbing for the
other appropriate measures. Use of
slopes anticipated after major grading
remaining portions of the site; and
impervious surfaces for stabilization
activities; areas of soil disturbance,
perimeter controls will be actively
should be avoided.
areas which will not be disturbed;
maintained by Contractor B until final
The following records shall be
locations of major structural and
stabilization of those portions of the site
maintained and attached to the SWPPP:
nonstructural controls identified in the
up -gradient of the perimeter control;
the dates when major grading activities
SWPPP; locations where stabilization
and temporary perimeter controls will
occur; the dates when construction
practices are expected to occur;
locations of off-site material, waste,
borrow or equipment storage areas;
surface waters (including wetlands); and
locations where storm water discharges
to a surface water;
f. Location and description of any
discharge associated with industrial
activity other than construction,
including storm water discharges from
dedicated asphalt plants and dedicated
concrete plants, which is covered by
this permit;
g. The name of the receiving water(s)
and the areal extent and description of
wetland or other special aquatic sites (as
described under 40 CFR 230.3(q-1)) at
or near the site which will be disturbed
or which will receive discharges from
disturbed areas of the project;
h. A copy of the permit requirements
(attaching a copy of this permit is
acceptable);
i. Information on whether listed
endangered or threatened species, or
critical habitat, are found in proximity
to the construction activity and whether
such species may be affected by the
applicant's storm water discharges or
storm water discharge -related activities;
and
j. Information on whether storm water
discharges or storm water discharge -
related activities would have an affect
on a property that is listed or eligible for
listing on the National Register of
Historic Places; where effects may
occur, any written agreements with the
State Historic Preservation Officer,
Tribal Historic Preservation Officer, or
other Tribal leader to mitigate those
effects.
2. Controls
Each SWPPP shall include a
description of appropriate control
measures (i.e., BMPs) that will be
implemented as part of the construction
activity to control pollutants in storm
water discharges. The SWPPP must
be removed by the owner after final activities temporarily or permanently
stabilization). The description and cease on a portion of the site; and the
implementation of control measures dates when stabilization measures are
shall address the following minimum initiated.
components: E d d ' P
a. Erosion and Sediment Controls.
(1) Short and Long Term Goals and
Criteria:
(a) The construction -phase erosion
and sediment controls should be
designed to retain sediment on site to
the extent practicable.
(b) All control measures must be
properly selected, installed, and
maintained in accordance with the
manufacturers specifications and good
engineering practices. If periodic
inspections or other information
indicates a control has been used
inappropriately, or incorrectly, the
permittee must replace or modify the
control for site situations.
(c) If sediment escapes the
construction site, off-site accumulations
of sediment must be removed at a
frequency sufficient to minimize offsite
impacts (e.g., fugitive sediment in street
could be washed into storm sewers by
the next rain and/or pose a safety hazard
to users of public streets).
(d) Sediment must be removed from
sediment traps or sedimentation ponds
when design capacity has been reduced
by 50%.
(e) Litter, construction debris, and
construction chemicals exposed to
storm water shall be prevented from
becoming a pollutant source for storm
water discharges (e.g., screening
outfalls, picked up daily).
(f) Offsite material storage areas (also
including overburden and stockpiles of
dirt, borrow areas, etc.) used solely by
the permitted project are considered a
part of the project and shall be
addressed in the SWPPP.
(2) Stabilization Practices: The
SWPPP must include a description of
interim and permanent stabilization
practices for the site, including a
xcept as prove e in arts
IV.D.2.a.(2)(a), (b), and (c) below,
stabilization measures shall be initiated
as soon as practicable in portions of the
site where construction activities have
temporarily or permanently ceased, but
in no case more than 14 days after the
construction activity in that portion of
the site has temporarily or permanently
ceased.
(a) Where the initiation of
stabilization measures by the 14th day
after construction activity temporary or
permanently cease is precluded by snow
cover or frozen ground conditions,
stabilization measures shall be initiated
as soon as practicable.
(b) Where construction activity on a
portion of the site is temporarily ceased,
and earth disturbing activities will be
resumed within 21 days, temporary
stabilization measures do not have to be
initiated on that portion of site.
(c) In and areas (areas with an average
annual rainfall of 0 to 10 inches), semi-
arid areas (areas with an average annual
rainfall of 10 to 20 inches), and areas
experiencing droughts where the
initiation of stabilization measures by
the 14th day after construction activity
has temporarily or permanently ceased
is precluded by seasonal and
conditions, stabilization measures shall
be initiated as soon as practicable.
(3) Structural Practices: The SWPPP
must include a description of structural
practices to divert flows from exposed
soils, store flows or otherwise limit
runoff and the discharge of pollutants
from exposed areas of the site to the
degree attainable. Structural practices
may include but are not limited to: silt
fences, earth dikes, drainage swales,
sediment traps, check dams, subsurface
drains, pipe slope drains, level
spreaders, storm drain inlet protection,
IfIn
36504 Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices
rock outlet protection, reinforced soil
retaining systems, gabions, and
temporary or permanent sediment
basins. Placement of structural practices
in floodplains should be avoided to the
degree attainable. The installation of
these devices may be subject to section
404 of the CWA.
(a) For common drainage locations
that serve an area with ten (10) or more
acres disturbed at one time, a temporary
(or permanent) sediment basin that
provides storage for a calculated volume
of runoff from a 2 year, 24 hour storm
from each disturbed acre drained, or
equivalent control measures, shall be
provided where attainable until final
stabilization of the site. Where no such
calculation has been performed, a
temporary (or permanent) sediment
basin providing 3,600 cubic feet of
storage per acre drained, or equivalent
control measures, shall be provided
where attainable until final stabilization
of the site. When computing the number
of acres draining into a common
location it is not necessary to include
flows from offsite areas and flows from
onsite areas that are either undisturbed
or have undergone final stabilization
where such flows are diverted around
both the disturbed area and the
sediment basin.
In determining whether installing a
sediment basin is attainable, the
permittee may consider factors such as
site soils, slope, available area on site.
etc. In any event, the permittee must
consider public safety, especially as it
relates to children, as a design factor for
the sediment basin and alternative
sediment controls shall be used where
site limitations would preclude a safe
design. For drainage locations which
serve ten (10) or more disturbed acres at
one time and where a temporary
sediment basin or equivalent controls is
not attainable, smaller sediment basins
and/or sediment traps should be used.
Where neither the sediment basin nor
equivalent controls are attainable due to
site limitations, silt fences, vegetative
buffer strips, or equivalent sediment
controls are required for all down slope
boundaries of the construction area and
for those side slope boundaries deemed
appropriate as dictated by individual
site conditions. EPA encourages the use
of a combination of sediment and
erosion control measures in order to
achieve maximum pollutant removal.
(b) For drainage locations serving less
than 10 acres, smaller sediment basins
and/or sediment traps should be used.
At a minimum, silt fences, vegetative
buffer strips, or equivalent sediment
controls are required for all down slope
boundaries (and for those side slope
boundaries deemed appropriate as
dictated by individual site conditions)
of the construction area unless a
sediment basin providing storage for a
calculated volume of runoff from a 2
year, 24 hour storm or 3,600 cubic feet
of storage per acre drained is provided.
EPA encourages the use of a
combination of sediment and erosion
control measures in order to achieve
maximum pollutant removal.
b. Storm Water Management. A
description of measures that will be
installed during the construction
process to control pollutants in storm
water discharges that will occur after
construction operations have been
completed must be included in the
SWPPP. Structural measures should be
placed on upland soils to the degree
attainable. The installation of these
devices may also require a separate
permit under section 404 of the CWA.
Permittees are only responsible for the
installation and maintenance of storm
water management measures prior to
final stabilization of the site, and are not
responsible for maintenance after storm
water discharges associated with
construction activity have been
eliminated from the site. However, post -
construction storm water BMPs that
discharge pollutants from point sources
once construction is completed may, in
themselves, need authorization under a
separate NPDES permit.
(1) Such practices may include but are
not limited to: storm water detention
structures (including wet ponds); storm
water retention structures; flow
attenuation by use of open vegetated
swales and natural depressions;
infiltration of runoff onsite; and
sequential systems (which combine
several practices). The SWPPP shall
include an explanation of the technical
basis used to select the practices to
control pollution where flows exceed
predevelopment levels.
(2) Velocity dissipation devices shall
be placed at discharge locations and
along the length of any outfall channel
to provide a non-erosive flow velocity
from the structure to a water course so
that the natural physical and biological
characteristics and functions are
maintained and protected (e.g., no
significant changes in the hydrological
regime of the receiving water).
c. Other Controls.
(1) No solid materials, including
building materials, shall be discharged
to waters of the United States, except as
authorized by a permit issued under
section 404 of the CWA.
(2) Off-site vehicle tracking of
sediments and the generation of dust
shall be minimized.
(3) The SWPPP shall be consistent
with applicable State, Tribal and/or
local waste disposal, sanitary sewer or
septic system regulations to the extent
these are located within the permitted
area.
(4) The SWPPP shall include a
description of construction and waste
materials expected to be stored on-site
with updates as appropriate. The
SWPPP shall also include a description
of controls to reduce pollutants from
these materials including storage
practices to minimize exposure of the
materials to storm water, and spill
prevention and response.
(5) The SWPPP shall include a
description of pollutant sources from
areas other than construction (including
storm water discharges from dedicated
asphalt plants and dedicated concrete
plants), and a description of controls
and measures that will be implemented
at those sites to minimize pollutant
discharges.
(6) The SWPPP shall include a
description of measures necessary to
protect listed endangered or threatened
species, or critical habitat, including
any terms or conditions that are
imposed under the eligibility
requirements of Part I.B.3.e(4) of this
permit. Failure to describe and
implement such measures will result in
storm water discharges from
construction activities that are ineligible
for coverage under this permit.
d. Approved State, Tribal or Local
Plans.
(1) Permittees which discharge storm
water associated with construction
activities must ensure their storm water
pollution prevention plan is consistent
with requirements specified in
applicable sediment and erosion site
plans or site permits, or storm water
management site plans or site permits
approved by State, Tribal or local
officials.
(2) Storm water pollution prevention
plans must be updated as necessary to
remain consistent with any changes
applicable to protecting surface water
resources in sediment and erosion site
plans or site permits, or storm water
management site plans or site permits
approved by State, Tribal or local
officials for which the permittee
receives wi itten notice.
3. Maintenance
All erosion and sediment control
measures and other protective measures
identified in the SWPPP must be
maintained in effective operating
condition. If site inspections required by
Part IV.D.4. identify BMPs that are not
operating effectively, maintenance shall
be performed before the next anticipated
storm event, or as necessary to maintain
the continued effectiveness of storm
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36505
water controls. If maintenance prior to
the next anticipated storm event is
impracticable, maintenance must be
scheduled and accomplished as soon as
practicable.
4. Inspections
Qualified personnel (provided by the
permittee or cooperatively by multiple
permittees) shall inspect disturbed areas
of the construction site that have not
been finally stabilized, areas used for
storage of materials that are exposed to
precipitation, structural control
measures, and locations where vehicles
enter or exit the site, at least once every
fourteen (14) calendar days and within
24 hours of the end of a storm event of
0.5 inches or greater.
Where sites have been finally or
temporarily stabilized, runoff is unlikely
due to winter conditions (e.g., site is
covered with snow, ice, or frozen
ground exists), or during seasonal and
periods in and areas (areas with an
average annual rainfall of 0 to 10 inches)
and semi -arid areas (areas with an
average annual rainfall of 10 to 20
inches) such inspections shall be
conducted at least once every month.
Permittees are eligible for a waiver of
monthly inspection requirements until
one month before thawing conditions
are expected to result in a discharge if
all of the following requirements are
met: (1) the project is located in an area
where frozen conditions are anticipated
to continue for extended periods of time
(i.e., more than one month); (2) land
disturbance activities have been
suspended; and (3) the beginning and
ending dates of the waiver period are
documented in the SWPPP.
a. Disturbed areas and areas used for
storage of materials that are exposed to
precipitation shall be inspected for
evidence of, or the potential for,
pollutants entering the drainage system.
Sediment and erosion control measures
identified in the SWPPP shall be
observed to ensure that they are
operating correctly. Where discharge
locations or points are accessible, they
shall be inspected to ascertain whether
erosion control measures are effective in
preventing significant impacts to
receiving waters. Where discharge
locations are inaccessible, nearby
downstream locations shall be inspected
to the extent that such inspections are
practicable. Locations where vehicles
enter or exit the site shall be inspected
for evidence of offsite sediment
tracking.
b. Based on the results of the
inspection, the SWPPP shall be
modified as necessary (e.g., show
additional controls on map required by
Part IV.D.1; revise description of
controls required by Part IV.D.2) to
include additional or modified BMPs
designed to correct problems identified.
Revisions to the SWPPP shall be
completed within 7 calendar days
following the inspection. If existing
BMPs need to be modified or if
additional BMPs are necessary,
implementation shall be completed
before the next anticipated storm event.
If implementation before the next
anticipated storm event is
impracticable, they shall be
implemented as soon as practicable.
c. A report summarizing the scope of
the inspection, name(s) and
qualifications of personnel making the
inspection, the date(s) of the inspection,
and major observations relating to the
implementation of the SWPPP shall be
made and retained as part of the SWPPP
for at least three years from the date that
the site is finally stabilized. Major
observations should include: the
location(s) of discharges of sediment or
other pollutants from the site;
location(s) of BMPs that need to be
maintained; location(s) of BMPs that
failed to operate as designed or proved
inadequate for a particular location; and
location(s) where additional BMPs are
needed that did not exist at the time of
inspection. Actions taken in accordance
with Part IV.D.4.b of this permit shall be
made and retained as part of the storm
water pollution prevention plan for at
least three years from the date that the
site is finally stabilized. Such reports
shall identify any incidents of non-
compliance. Where a report does not
identify any incidents of non-
compliance, the report shall contain a
certification that the facility is in
compliance with the storm water
pollution prevention plan and this
permit. The report shall be signed in
accordance with Part VI.G of this
permit.
Non -Storm Water Discharges
Except for flows from fire fighting
activities, sources of non -storm water
listed in Part III.A.2 or 3 of this permit
that are combined with storm water
discharges associated with construction
activity must be identified in the
SWPPP. The SWPPP shall identify and
ensure the implementation of
appropriate pollution prevention
measures for the non -storm water
component(s) of the discharge.
Part V. Retention of Records
A. Documents
The permittee shall retain copies of
storm water pollution prevention plans
and all reports required by this permit,
and records of all data used to complete
the Notice of Intent to be covered by this
permit, for a period of at least three
years from the date that the site is
finally stabilized. This period may be
extended by request of the Director at
any time.
B. Accessibility
The permittee shall retain a copy of
the storm water pollution prevention
plan required by this permit (including
a copy of the permit language) at the
construction site (or other local location
accessible to the Director, a State, Tribal
or local agency approving sediment and
erosion plans, grading plans, or storm
water management plans; local
government officials; or the operator of
a municipal separate storm sewer
receiving discharges from the site) from
the date of project initiation to the date
of final stabilization. Permittees with
day-to-day operational control over
SWPPP implementation shall have a
copy of the SWPPP available at a central
location on-site for the use of all
operators and those identified as having
responsibilities under the SWPPP
whenever they are on the construction
site.
C. Addresses
Except for the submittal of NOIs and
NOTs (see Parts II.0 and VIII.B,
respectively), all written
correspondence concerning discharges
in any State, Indian Country land or
from any Federal facility covered under
this permit and directed to the EPA,
including the submittal of individual
permit applications, shall be sent to the
address listed below: United States EPA,
Region 6, Storm Water Staff,
Enforcement and Compliance Assurance
Division (GEN -WC), EPA SW
Construction GP, P.O. Box 50625,
Dallas, TX 75205.
Part VI. Standard Permit Conditions
A. Duty To Comply
1. The Permittee Must Comply With All
Conditions of This Permit
Any permit noncompliance
constitutes a violation of CWA and is
grounds for enforcement action; for
permit termination, revocation and
reissuance, or modification; or for
denial of a permit renewal application.
2. Penalties for Violations of Permit
Conditions
The Director will adjust the civil and
administrative penalties listed below in
accordance with the Civil Monetary
Penalty Inflation Adjustment Rule
(Federal Register: December 31, 1996,
Volume 61, Number 252, pages 69359-
69366, as corrected, March 20, 1997,
Volume 62, Number 54, pages 13514—
iii
36506 Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices
13517) as mandated by the Debt
Collection Improvement Act of 1996 for
inflation on a periodic basis. This rule
allows EPA's penalties to keep pace
with inflation. The Agency is required
to review its penalties at least once
every four years thereafter and to adjust
them as necessary for inflation
according to a specified formula. The
civil and administrative penalties listed
below were adjusted for inflation
starting in 1996.
a. Criminal.
(1) Negligent Violations. The CWA
provides that any person who
negligently violates permit conditions
implementing sections 301, 302, 306,
307, 308, 318, or 405 of the Act is
subject to a fine of not less than $2,500
nor more than $25,000 per day of
violation, or by imprisonment for not
more than 1 year, or both.
(2) Knowing Violations. The CWA
provides that any person who
knowingly violates permit conditions
implementing sections 301, 302, 306,
307, 308, 318, or 405 of the Act is
subject to a fine of not less than $5,000
nor more than $50,000 per day of
violation, or by imprisonment for not
more than 3 years, or both.
(3) Knowing Endangerment. The CWA
provides that any person who
knowingly violates permit conditions
implementing sections 301, 302, 306,
307, 308, 318, or 405 of the Act and who
knows at that time that he is placing
another person in imminent danger of
death or serious bodily injury is subject
to a fine of not more than $250,000, or
by imprisonment for not more than 15
years, or both.
(4) False Statement. The CWA
provides that any person who.
knowingly makes any false material
statement, representation, or
certification in any application, record,
report, plan, or other document filed or
required to be maintained under the Act
or who knowingly falsifies, tampers
with, or renders inaccurate, any
monitoring device or method required
to be maintained under the Act, shall
upon conviction, be punished by a fine
of not more than $10,000 or by
imprisonment for not more than two
years, or by both. If a conviction is for
a violation committed after a first
conviction of such person under this
paragraph, punishment shall be by a
fine of not more than $20,000 per day
of violation, or by imprisonment of not
more than four years, or by both. (See
section 309.c.4 of the Clean Water Act).
b. Civil Penalties. The CWA provides
that any person who violates a permit
condition implementing sections 301,
302, 306, 307, 308, 318, or 405 of the
Act is subject to a civil penalty not to
r*+
exceed $27,500 per day for each
violation.
c. Administrative Penalties. The CWA
provides that any person who violates a
permit condition implementing sections
301, 302, 306, 307, 308, 318, or 405 of
the Act is subject to an administrative
penalty, as follows:
(1) Class I Penalty. Not to exceed
$11,000 per violation nor shall the
maximum amount exceed $27,500.
(2) Class II Penalty. Not to exceed
$11,000 per day for each day during
which the violation continues, nor shall
the maximum amount exceed $137,500.
B. Continuation of the Expired General
Permit
If this permit is not reissued or
replaced prior to the expiration date, it
will be administratively continued in
accordance with the Administrative
Procedures Act and remain in force and
effect. Any permittee who was granted
permit coverage prior to the expiration
date will automatically remain covered
by the continued permit until the earlier
of:
1. Reissuance or replacement of this
permit, at which time the permittee
must comply with the Notice of Intent
conditions of the new permit to
maintain authorization to discharge; or
2. The permittee's submittal of a
Notice of Termination; or
3. Issuance of an individual permit for
thepermittee's discharges; or
4. A formal permit decision by the
Director not to reissue this general
permit, at which time the permittee
must seek coverage under an alternative
general permit or an individual permit.
C. Need To Halt or Reduce Activity Not
a Defense
It shall not be a defense for a
permittee in an enforcement action that
it would have been necessary to halt or
reduce the permitted activity in order to
maintain compliance with the
conditions of this permit.
D. Duty To Mitigate
The permittee shall take all
reasonable steps to minimize or prevent
any discharge in violation of this permit
which has a reasonable likelihood of
adversely affecting human health or the
environment.
E. Duty To Provide Information
The permittee shall furnish to the
Director or an authorized representative
of the Director any information which is
requested to determine compliance with
this permit or other information.
F. Other Information
When the permittee becomes aware
that he or she failed to submit any
relevant facts or submitted incorrect
information in the Notice of Intent or in
any other report to the Director, he or
she shall promptly submit such facts or
information.
G. Signatory Requirements
All Notices of Intent, Notices of
Termination, storm water pollution
prevention plans, reports, certifications
or information either submitted to the
Director or the operator of a large or
medium municipal separate storm
sewer system, or that this permit
requires be maintained by the permittee,
shall be signed as follows:
1. All Notices of Intent and Notices of
Termination shall be signed as follows:
a. For a corporation: by a responsible
corporate officer. For the purpose of this
section, a responsible corporate officer
means: a president, secretary, treasurer,
or vice-president of the corporation in
charge of a principal business function,
or any other person who performs
similar policy or decision-making
functions for the corporation; or the
manager of one or more manufacturing,
production or operating facilities
employing more than 250 persons or
having gross annual sales or
expenditures exceeding $25,000,000 (in
second-quarter 1980 dollars) if authority
to sign documents has been assigned or
delegated to the manager in accordance
with corporate procedures;
b. For a partnership or sole
proprietorship: by a general partner or
the proprietor, respectively: or
c. For a municipality, State, Federal,
or other public agency: by either a
principal executive officer or ranking
elected official. For purposes of this
section, a principal executive officer of
a Federal agency includes (1) the chief
executive officer of the agency, or (2) a
senior executive officer having
responsibility for the overall operations
of a principal geographic unit of the
agency (e.g., Regional Administrators of
EPA) .
2. All reports required by this permit
and other information requested by the
Director or authorized representative of
the Director shall be signed by a person
described above or by a duly authorized
representative of that person. A person
is a duly authorized representative only
if:
a. The authorization is made in
writing by a person described above and
submitted to the Director.
b. The authorization specifies either
an individual or a position having
responsibility for the overall operation
of the regulated facility or activity, such
as the position of manager, operator,
superintendent, or position of
equivalent responsibility or an
Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices 36507
individual or position having overall
responsibility for environmental matters
for the company. (A duly authorized
representative may thus be either a
named individual or any individual
occupying a named position).
c. Changes to Authorization. If an
authorization under Part II.B is no
longer accurate because a different
operator has responsibility for the
overall operation of the construction
site, a new Notice of Intent satisfying
the requirements of Part II.B must be
submitted to the Director prior to or
together with any reports, information,
or applications to be signed by an
authorized representative. The change
in authorization must be submitted
within the time frame specified in Part
II.A.3, and sent to the address specified
in Part II.C.
d. Certification. Any person signing
documents under Part VI.G shall make
the following certification:
"I certify under penalty of law that
this document and all attachments were
prepared under my direction or
supervision in accordance with a system
designed to assure that qualified
personnel properly gathered and
evaluated the information submitted.
Based on my inquiry of the person or
persons who manage the system, or
those persons directly responsible for
gathering the information, the
information submitted is, to the best of
my knowledge and belief, true, accurate,
and complete. I am aware that there are
significant penalties for submitting false
information, including the possibility of
fine and imprisonment for knowing
violations."
H. Penalties for Falsification of Reports
Section 309(c)(4) of the Clean Water
Act provides that any person who
knowingly makes any false material
statement, representation, or
certification in any record or other
document submitted or required to be
maintained under this permit, including
reports of compliance or noncompliance
shall, upon conviction, be punished by
a fine of not more than $10,000, or by
imprisonment for not more than two
years, or by both.
L Oil and Hazardous Substance Liability
Nothing in this permit shall be
construed to preclude the institution of
any legal action or relieve the permittee
from any responsibilities, liabilities, or
penalties to which the permittee is or
may be subject under section 311 of the
CWA or section 106 of the
Comprehensive Environmental
Response, Compensation and Liability
Act of 1980 (CERCLA).
J Property Rights
The issuance of this permit does not
convey any property rights of any sort,
nor any exclusive privileges, nor does it
authorize any injury to private property
nor any invasion of personal rights, nor
any infringement of Federal, State or
local laws or regulations.
K. Severability
The provisions of this permit are
severable, and if any provision of this
permit, or the application of any
provision of this permit to any
circumstance, is held invalid, the
application of such provision to other
circumstances, and the remainder of
this permit shall not be affected thereby.
L. Requiring an Individual Permit or an
Alternative General Permit
1. The Director may require any
person authorized by this permit to
apply for and/or obtain either an
individual NPDES permit or an
alternative NPDES general permit. Any
interested person may petition the
Director to take action under this
paragraph. Where the Director requires
a permittee authorized to discharge
under this permit to apply for an
individual NPDES permit, the Director
shall notify the permittee in writing that
a permit application is required. This
notification shall include a brief
statement of the reasons for this
decision, an application form, a
statement setting a deadline for the
permittee to file the application, and a
statement that on the effective date of
issuance or denial of the individual
NPDES permit or the alternative general
permit as it applies to the individual
permittee, coverage under this general
permit shall automatically terminate.
Applications shall be submitted to the
appropriate Regional Office indicated in
Part V.0 of this permit. The Director
may grant additional time to submit the
application upon request of the
applicant. If a permittee fails to submit
in a timely manner an individual
NPDES permit application as required
by the Director under this paragraph,
then the applicability of this permit to
the individual NPDES permittee is
automatically terminated at the end of
the day specified by the Director for
application submittal.
2. Any permittee authorized by this
permit may request to be excluded from
the coverage of this permit by applying
for an individual permit. In such cases,
the permittee shall submit an individual
application in accordance with the
requirements of 40 CFR 122.26(c)(1)(ii),
with reasons supporting the request, to
the Director at the address for the
appropriate Regional Office indicated in
Part V.0 of this permit. The request may
be granted by issuance of any individual
permit or an alternative general permit
if the reasons cited by the permittee are
adequate to support the request.
3. When an individual NPDES permit
is issued to a permittee otherwise
subject to this permit, or the permittee
is authorized to discharge under an
alternative NPDES general permit, the
applicability of this permit to the
individual NPDES permittee is
automatically terminated on the
effective date of the individual permit or
the date of authorization of coverage
under the alternative general permit,
whichever the case may be. When an
individual NPDES permit is denied to
an owner or operator otherwise subject
to this permit, or the owner or operator
is denied for coverage under an
alternative NPDES general permit, the
applicability of this permit to the
individual NPDES permittee is
automatically terminated on the date of
such denial, unless otherwise specified
by the Director.
M. State/Tribal Environmental Laws
1. Nothing in this permit shall be
construed to preclude the institution of
any legal action or relieve the permittee
from any responsibilities, liabilities, or
penalties established pursuant to any
applicable State/Tribal law or regulation
under authority preserved by section
510 of the Act.
2. No condition of this permit shall
release the permittee from any
responsibility or requirements under
other environmental statutes or
regulations.
N. Proper Operation and Maintenance
The permittee shall at all times
properly operate and maintain all
facilities and systems of treatment and
control (and related appurtenances)
which are installed or used by the
permittee to achieve compliance with
the conditions of this permit and with
the requirements of storm water
pollution prevention plans. Proper
operation and maintenance also
includes adequate laboratory controls
and appropriate quality assurance
procedures. Proper operation and
maintenance requires the operation of
backup or auxiliary facilities or similar
systems, installed by a permittee only
when necessary to achieve compliance
with the conditions of this permit.
O. Inspection and Entry
The permittee shall allow the Director
or an authorized representative of EPA,
the State/Tribe, or, in the case of a
construction site which discharges
36508 Federal Register/Vol. 63, No. 128/Monday, July 6,
1998 / Notices
through a municipal separate storm
2. An indication of whether the storm
B. Addresses
sewer, an authorized representative of
water discharges associated with
1. All Notices of Termination, signed
A»
the municipal owner/operator or the
construction activity have been
in accordance with Part VI.G of this
separate stone sewer receiving the
eliminated (i.e., regulated discharges of
permit, are to be submitted using the
discharge, upon the presentation of
storm water are being terminated) or the
form provided by the Director (or a
credentials and other documents as may
permittee is no longer an operator at the
photocopy thereof), to the address
be required by law, to:
site;
specified on the NOT form.
1. Enter upon the permittee's
3. The name, address and telephone
premises where a regulated facility or
number of the permittee submitting the
Part IX. Definitions
activity is located or conducted or
Notice of Termination;
A. Best Management Practices
where records must be kept under the
4. The name of the project and street
("BMPs") means schedules of activities,
conditions of this permit;
2. Have access to and copy at
address {or a description of location if
prohibitions of practices, maintenance
p
reasonable times, any records that must
no street address is available) of the
procedures, and other management
be kept under the conditions of this
construction site for which the
notification is submitted;
practices to prevent or reduce the
discharge of pollutants to waters of the
permit; and
3. Inspect at reasonable times any
5. The latitude and longitude of the
United States. BMPs also include
facilities or equipment (including
construction site; and
treatment requirements, operating
monitoring and control equipment).
6. The following certification, signed
procedures, and practices to control
plant site runoff, spillage or leaks,
►*++
P. Permit Actions
in accordance with Part VI.G (signatory
requirements) of this permit. For
sludge or waste disposal, or drainage
This permit may be modified, revoked
and reissued, or terminated for cause.
construction projects with more than
from raw material storage.
B. Control Measure as used in this
The filing of a request by the permittee
one permittee and/or operator, the
Permittee need only make this
permit, refers to any Best Management
fora permit modification, revocation
p
and reissuance, or termination, ora
certification for those portions of the
Practice or other method used to
Prevent or reduce the discharge of
notification of planned changes or
construction site where the permittee
was authorized under this permit and
pollutants to waters of the United
-anticipated noncompliance does not
stay any permit condition.
not for areas where the permittee was
States.
C. Commencement of Construction
Part VII. Reopener Clause
not an operator:
"I certify under penalty of law that all
the initial disturbance of soils
associated with clearing, grading, or
A. If there is evidence indicating that
storm water discharges associated with
excavating activities or other
the storm water discharges authorized
industrial activity from the identified
construction activities.
by this permit cause, have the
facility that authorized by a general
D. CWA means the Clean Water Act or
reasonable potential to cause or
permit have been eliminated or that I
the Federal Water Pollution Control Act,
contribute to, a violation of a water
am no longer the operator of the facility
33 U.S.C. § 1251 et seq.
quality standard, the permittee may be
or construction site. I understand that
E. Director means the Regional
required to obtain an individual permit
by submitting this notice of termination.
Administrator of the Environmental
or an alternative general permit in
I am no longer authorized to discharge
Protection Agency or an authorized
accordance with Part I.0 of this permit,
storm water associated with industrial
representative.
or the permit may be modified to
activity under this general permit, and
F. Discharge when used without
include different limitations and/or
that discharging pollutants in storm
qualification means the "discharge of a
requirements.
water associated with industrial activity
pollutant."
B. Permit modification or revocation
to waters of the United States is
G. Discharge of Storm Water
will be conducted according to 40 CFR
unlawful under the Clean Water Act
Associated With Construction Activity
122.62, 122.63, 122.64 and 124.5.
where the discharge is not authorized by
as used in this permit, refers to a
C. EPA may propose a modification to
a NPDES permit. I also understand that
discharge of pollutants in storm water
"
this permit after further discussions
the submittal of this Notice of
runoff from areas where soil disturbing
between the Agency and the Advisory
Termination does not release an
activities (e.g., clearing, grading, or
Council on Historic Preservation for the
operator from liability for any violations
excavation), construction materials or
protection of historic properties.
of this permit or the Clean Water Act."
equipment storage or maintenance (e.g.,
Part VIII. Termination of Coverage
For the purposes of this certification,
fill piles, borrow areas, concrete truck
"-
elimination of storm water discharges
washout, fueling), or other industrial
A. Notice of Termination
associated with construction activity
storm water directly related to the
Permittees must submit a completed
means that all disturbed soils at the
construction process (e.g., concrete or
Notice of Termination (NOT) that is
portion of the construction site where
asphalt batch plants) are located.
signed in accordance with Part VI.G of
the operator had control have been
H. Facility or Activity means any
this permit when one or more of the
finally stabilized (as defined in Part IX.I)
NPDES "point source" or any other
conditions contained in Part I.D.2.
and temporary erosion and sediment
facility or activity (including land or
(Terminating Coverage) have been met
control measures have been removed or
appurtenances thereto) that is subject to
at a construction project. The NOT form
will be removed at an appropriate time
regulation under the NPDES program.
found in Addendum D will be used
to ensure final stabilization is
I. Final Stabilization means that
unless it has been replaced by a revised
maintained, or that all storm water
either:
version by the Director. The Notice of
discharges associated with construction
1. All soil disturbing activities at the
Termination shall include the following
activities from the identified site that
site have been completed and a uniform
information:
are authorized by a NPDES general
(e.g., evenly distributed, without large
1. The NPDES permit number for the
permit have otherwise been eliminated
bare areas) perennial vegetative cover
storm water discharge identified by the
from the portion of the construction site
with a density of 70% of the native
-*
Notice of Termination;
where the operator had control.
background vegetative cover for the area
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36509
has been established on all unpaved
areas and areas not covered by
permanent structures, or equivalent
permanent stabilization measures (such
as the use of riprap, gabions, or
geotextiles) have been employed. In
some parts of the country, background
native vegetation will cover less than
100% of the ground (e.g., arid areas,
beaches). Establishing at least 70% of
the natural cover of native vegetation
meets the vegetative cover criteria for
final stabilization (e.g., if the native
vegetation covers 50% of the ground,
70% of 50% would require 35% total
cover for final stabilization; on a beach
with no natural vegetation, no
stabilization is required); or
2. For individual lots in residential
construction by either: (a) the
homebuilder completing final
stabilization as specified above, or (b)
the homebuilder establishing temporary
stabilization including perimeter
controls for an individual lot prior to
occupation of the home by the
homeowner and informing the
homeowner of the need for, and benefits
of, final stabilization. (Homeowners
typically have an incentive to put in
landscaping functionally equivalent to
final stabilization as quick as possible to
keep mud out of their homes and off
their sidewalks and driveways.); or
3. For construction projects on land
used for agricultural purposes (e.g.,
pipelines across crop or range land),
final stabilization may be accomplished
by returning the disturbed land to its
preconstruction agricultural use. Areas
disturbed that were not previously used
for agricultural activities, such as buffer
strips immediately adjacent to "waters
of the United States," and areas which
are not being returned to their
preconstruction agricultural use must
meet the final stabilization criteria in (1)
or (2) above.
J. Flow -Weighted Composite Sample
means a composite sample consisting of
a mixture of aliquots collected at a
constant time interval, where the
volume of each aliquot is proportional
to the flow rate of the discharge.
K. Large and Medium Municipal
Separate Storm Sewer System means all
municipal separate storm sewers that
are either:
1. Located in an incorporated place
(city) with a population of 100,000 or
more as determined by the latest
Decennial Census by the Bureau of
Census (these cities are listed in
Appendices F and G of 40 CFR 122); or
2. Located in the counties with
unincorporated urbanized populations
of 100,000 or more, except municipal
separate storm sewers that are located in
the incorporated places, townships or
towns within such counties (these
counties are listed in Appendices H and
I of 40 CFR 122); or
3. Owned or operated by a
municipalityother than those described
in paragraph (i) or (ii) and that are
designated by the Director as part of the
large or medium municipal separate
storm sewer system.
L. NOI means Notice of Intent to be
covered by this permit (see Part II of this
permit).
M. NOT means Notice of Termination
(see Part VIII of this permit).
N. Operator for the purpose of this
permit and in the context of storm water
associated with construction activity,
means any party associated with a
construction project that meets either of
the following two criteria:
1. The party has operational control
over construction plans and
specifications, including the ability to
make modifications to those plans and
specifications, or
2. The party has day-to-day
operational control of those activities at
a project which are necessary to ensure
compliance with a storm water
pollution prevention plan for the site or
other permit conditions (e.g., they are
authorized to direct workers at a site to
carry out activities required by the
SWPPP or comply with other permit
conditions).
This definition is provided to inform
permittees of EPA's interpretation of
how the regulatory definitions of
"owner or operator" and "facility or
activity" are applied to discharges of
storm water associated with
construction activity.
O. Owner or operator means the
owner or operator of any "facility or
activity" subject to regulation under the
NPDES program.
P. Point Source means any
discernible, confined, and discrete
conveyance, including but not limited
to, any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure,
container, rolling stock, concentrated
animal feeding operation, landfill
leachate collection system, vessel or
other floating craft from which
pollutants are or may be discharged.
This term does not include return flows
from irrigated agriculture or agricultural
storm water runoff.
Q. Pollutant is defined at 40 CFR
122.2. A partial listing from this
definition includes: dredged spoil, solid
waste, sewage, garbage, sewage sludge,
chemical wastes, biological materials,
heat, wrecked or discarded equipment,
rock, sand, cellar dirt, and industrial or
municipal waste.
R. Runoff coefficient means the
fraction of total rainfall that will appear
at the conveyance as runoff.
S. Storm Water means storm water
runoff, snow melt runoff, and surface
runoff and drainage.
T. Storm Water Associated With
Industrial Activity is defined at 40 CFR
122.26(b)(14) and incorporated here by
reference. Most relevant to this permit is
40 CFR 122.26(b)(14)(x), which relates
to construction activity including
clearing, grading and excavation
activities that result in the disturbance
of five (5) or more acres of total land
area, or are part of a larger common plan
of development or sale.
U. Waters of the United States means:
1. All waters which are currently
used, were used in the past, or may be
susceptible to use in interstate or foreign
commerce, including all waters which
are subject to the ebb and flow of the
tide;
2. All interstate waters, including
interstate "wetlands";
3. All other waters such as interstate
lakes, rivers, streams (including
intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie
potholes, wet meadows, playa lakes, or
natural ponds, the use, degradation, or
destruction of which would affect or
could affect interstate or foreign
commerce including any such waters:
a. Which are or could be used by
interstate or foreign travelers for
recreational or other purposes;
b. From which fish or shellfish are or
could be taken and sold in interstate or
foreign commerce; or
c. Which are used or could be used for
industrial purposes by industries in
interstate commerce;
4. All impoundments of waters
otherwise defined as waters of the
United States under this definition;
5. Tributaries of waters identified in
paragraphs (a) through (d) of this
definition;
6. The territorial sea; and
7. Wetlands adjacent to waters (other
than waters that are themselves
wetlands) identified in paragraphs 1.
through 6. of this definition.
Waste treatment systems, including
treatment ponds or lagoons designed to
meet the requirements of the CWA
(other than cooling ponds for steam
electric generation stations per 40 CFR
423 which also meet the criteria of this
definition) are not waters of the United
States. Waters of the United States do
not include prior converted cropland.
Notwithstanding the determination of
an area's status as prior converted
cropland by any other federal agency,
for the purposes of the Clean Water Act,
the final authority regarding Clean
W
36510 Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices
Water Act jurisdiction remains with
EPA.
Part X. Permit Conditions Applicable to
Specific States and Indian Country
Lands
The provisions of this Part provide
additions to the applicable conditions of
Parts I through IX of this permit to
reflect specific additional conditions
required as part of the State or Tribal
CWA Section 401 certification process.
The additional revisions and
requirements listed below are set forth
in connection with, and only apply to,
the following States and Indian Country
lands.
1. LARIO*##I.• Indian Country Lands in
the State of Louisiana
No additional requirements.
2. NMRIO*###: The State of New
Mexico, Except Indian Country Lands
No additional requirements.
3. NMRIO*##I. Indian Country Lands in
the State of New Mexico, Except Navajo
Reservation Lands (see Region 9) and
Ute Mountain Reservation Lands (see
Region 8)
a. Pueblo of Isleta. Copies of Notices
of Intent (NOI), Notices of Termination
(NOT), and Storm Water Pollution
Prevention Plans (SWPPPs) must be
submitted to the Pueblo of Isleta's
Environment Department, Water Quality
Program.
(1) Part II.C.2 of the permit is added
as follows:
Special NOI Requirements for the
Pueblo of Isleta. NOIs shall also be
submitted to the Pueblo of Isleta's
Environment Department, Water Quality
Program, concurrently with their
submission to EPA at the following
address: Isleta Environment
Department, Water Quality Program,
Pueblo of Isleta, PO Box 1270, Isleta,
New Mexico 87022.
(2) Part VIII.B2 is added to the permit
as follows:
Special NOI Requirements for the
Pueblo of Isleta. NOTs shall also be
submitted to the Pueblo of Isleta's
Environment Department, Water Quality
Program, concurrently with their
submission to EPA. NOTs are to be sent
to the address given in Part II.C.2.
(3) Part IV.A.3 is added to the permit
as follows:
Special Storm Water Pollution
Prevention Plan Requirements for the
Pueblo of Isleta. Storm water pollution
prevention plans must be submitted to
the Pueblo of Isleta Environment
Department, Water Quality Program, ten
working days prior to commencing the
project on Pueblo of Isleta tribal lands.
SWPPPs are to be sent to the address
given in Part II.C.2.
b. Pueblo of Nambe. Copies of Notices
of Intent (NOI), Notices of Termination
(NOT), and Storm Water Pollution
Prevention Plans (SWPPPs) must be
submitted to the Pueblo of Nambe
Department of Environment and Natural
Resources.
(1) Part II.C.2 is added to the permit
as follows:
Special NOI Requirements for the
Pueblo of Nambe. NOIs shall also be
submitted to the Pueblo of Nambe
Department of Environment and Natural
Resources at the same time they are
submitted to EPA at the following
address: Pueblo of Nambe, Department
of Environment and Natural Resources.
Route 1 Box 11788, Santa Fe, New
Mexico 87501, Phone (505) 455-2036,
Fax(505)455-2038.
(2) Part VIII.B.2 is added to the permit
as follows:
Special NOT Requirements for the
Pueblo of Nambe. NOTs shall also be
submitted to the Pueblo of Nambe
Department of Environment and Natural
Resources at the same time they are
submitted to EPA. NOTs are to be sent
to the address given in Part II.C.2.
(3) Part IV.A.3 is added to the permit
as follows:
Special Storm Water Pollution
Prevention Plan Requirements for the
Pueblo of Nambe. Storm water pollution
prevention plans must be submitted to
the Pueblo of Nambe Department of
Environment and Natural Resources
before the project on Pueblo of Nambe
tribal lands begins. SWPPPs are to be
sent to the address given in Part II.C.2.
c. Pueblo of Picuris. Copies of Notices
of Intent (NOI), Notices of Termination
(NOT), and Storm Water Pollution
Prevention Pians (SWPPPs) must be
submitted to the Pueblo of Picuris
Environment Department.
(1) Part II.C.2 is added to the permit
as follows:
Speciai NOI Requirements for the
Pueblo of Picuris. NOIs shall also be
submitted to the Pueblo of Picuris
Environment Department at the same
time they are submitted to EPA at the
following address: Pueblo of Picuris,
Environment Department, P.O. Box 127,
Penasco, New Mexico 87553, Phone
(505) 587-2519, Fax (505) 587-1071.
(2) Part VIII.B.2 is added to the permit
as follows:
Special NOT Requirements for the
Pueblo of Picuris. NOTs shall also be
submitted to the Pueblo of Picuris
Environment Department at the same
time they are submitted to EPA. NOTs
are to be sent to the address given in
Part II.C.2.
(3) Part IV.A.3 is added to the permit
as follows:
Special Storm Water Pollution
Prevention Plan Requirements for the
Pueblo of Ficuris. Storm water pollution
prevention plans must be submitted to
the Picuris Environment Department
before the project on Pueblo of Picuris
tribal lands begins. SWPPPs are to be
sent to the address given in Part II.C.2.
d. Pueblo of Pojoaque. Copies of
Notices of Intent (NOI), Notices of
Termination (NOT), and Storm Water
Pollution Prevention Plans (SWPPPs)
must be submitted to the Pueblo of
Pojoaque Environment Department
Director.
(1) Part II.C.2 is added to the permit
as follows:
Special NOI Requirements for the
Pueblo of Pojoaque. NOIs shall also be
submitted to the Pueblo of Pojoaque
Environment Department Director at the
same time they are submitted to EPA at
the following address: Pueblo of
Pojoaque, Environment Department,
Route 11, P.O. Box 208, Santa Fe, New
Mexico 87501, Phone (505) 455-3383,
Fax(505)455-3633.
(2) Part VIII.B.2 of the permit is added
as follows:
Special NOT Requirements for the
Pueblo of Pojoaque. NOTs shall also be
submitted to the Pueblo of Pojoaque
Environment Department Director at the
same time they are submitted to EPA.
NOTs are to be sent to the address given
in Part II.C.2.
(3) Part IV.A.3 is added to the permit
as follows:
Special Storm Water Pollution
Prevention Plan Requirements for the
Pueblo of Pojoaque. Storm water
pollution prevention plans must be
submitted to the Pueblo of Pojoaque
Environment Department Director
before the project on Pueblo of Pojoaque
tribal lands begins. SWPPPs are to be
sent to the address given in Part II.C.2.
e. Pueblo of San Juan. No additional
requirements.
f. Pueblo of Sandia. Copies of Notices
of.Intent (NOD, Notices of Termination
(NOT), and Storm Water Pollution
Prevention Plans (SWPPPs) must be
submitted to the Pueblo of Sandia
Environment Department.
(1) Part II.C.2 of the permit is added
as follows:
Special NOI Requirements for the
Pueblo of Sandia. NOIs shall also be
submitted to the Pueblo of Sandia
Environment Department at the same
time they are submitted to EPA at the
following address: Pueblo of Sandia,
Environment Department, Box 6008,
Bernalillo, New Mexico 87004, Phone
(505) 867-4533; Fax (505) 867-9235.
Federal Register/Vol, 63, No. 128/Monday, July 6, 1998/Notices 36511
(2) Part VIII.B.2 is added to the permit
as follows:
Special NOT Requirements for the
Pueblo of Sandia. NOTs shall also be
submitted to the Pueblo of Sandia
Environment Department at the same
time they are submitted to EPA. NOTs
are to be sent to the address given in
Part II.C.2.
(3) Part IV.A.3 is added to the permit
as follows:
Special Storm Water Pollution
Prevention Plan Requirements for the
Pueblo of Sandia. Storm water pollution
prevention plans must be submitted to
the Pueblo of Sandia Environment
Department before commencement of
the project on Pueblo of Sandia tribal
lands. SWPPPs are to be sent to the
address given in Part II.C.2.
g. Pueblo of Tesuque. Copies of
Notices of Intent (NOI), Notices of
Termination (NOT), Storm Water
Pollution Prevention Plans (SWPPPs),
inspection reports, all certifications and
"other information" must be submitted,
by hand delivery or certified mail, to the
Pueblo of Tesuque.
(1) Part II.C.2 of the permit is added
as follows:
Special NOI Requirements for the
Pueblo of Tesuque. NOIs shall also be
submitted to the Pueblo of Tesuque at
least five (5) days prior to any ground
disturbing activity at the following
address: Pueblo of Tesuque,
Environment Department, Route 5, Box
3260-T, Santa Fe, New Mexico 87501,
Phone (505) 983-2667; Fax (505) 982-
2331.
(2) Part VIII.B.2 is added to the permit
as follows:
Special NOT Requirements for the
Pueblo of Tesuque. NOTs shall also be
submitted to the Pueblo of Tesuque at
the same time they are submitted to
EPA. NOTs are to be sent to the address
given in Part II.C.2.
(3) Part IV.A.3 is added to the permit
as follows:
Special Storm Water Pollution
Prevention Plan Requirements for the
Pueblo of Tesuque. Storm water
pollution prevention plans must be
submitted to the Pueblo of Tesuque at
least five (5) days prior to any ground
disturbing activity on Pueblo of Tesuque
tribal lands. SWPPPs are to be sent to
the address given in Part II.C.2.
(4) Part V.D is added to the permit as
follows:
Special Reporting Requirements for
the Pueblo of Tesuque. Copies of all
certifications required by Section IV.D,
and copies of "other information"
required by Section VI.F shall be
provided to the Pueblo of Tesuque, by
hand delivery or certified mail. Also,
copies of all inspection reports required
under Section IV.D.4.c, shall be
submitted within five (5) days of
completion of the inspection. All
information sent to the Pueblo of
Tesuque is to be sent to the address
given in Part II.C.2.
h. Santa Clara Pueblo. Copies of
Notices of Intent (NOI) and Notices of
Termination (NOT) must be submitted
to the Santa Clara Pueblo Governors
Office with a copy to the Office of
Environmental Affairs.
(1) Part I.C.4. is added to the permit
as follows:
Special Authorization Requirements
for the Santa Clara Pueblo. Prior to
submitting a Notice of Intent, the
operator must obtain permission from
the Santa Clara Governors Office to do
the construction. If the, project is
approved by the tribal administration,
the operator may proceed with
submitting a Notice of Intent (NOI).
(2) Part II.C.2 is added to the permit
as follows:
Special NOI Requirements for the
Santa Clara Pueblo. NOIs shall also be
submitted to the Santa Clara Pueblo
Governors Office with a copy to the
Office of Environmental Affairs at least
two (2) weeks prior to the start of
construction at the following address:
Santa Clara Governors Office, PO Box
580, Espanola, New Mexico 87532,
Phone (505) 753-7326; Fax (505) 753-
8988.
(3) Part VIII.B.2 is added to the permit
as follows:
Special NOT Requirements for the
Santa Clara Pueblo. NOTs shall also be
submitted to the Santa Clara Pueblo
Governors Office with a copy to the
Office of Environmental Affairs at least
two (2) weeks prior to the start of
construction. NOTs are to be sent to the
address given in Part II.C.2.
L All Other Indian Country lands in
New Mexico. No additional
requirements.
4. OKR10*##I: Indian Country Lands in
the State of Oklahoma
No additional requirements.
5. OKR10*##F: Oil and Gas Sites in the
State of Oklahoma
No additional requirements.
6. TXRIO*###: The State of Texas,
Except Indian Country Lands
a. Part III of the permit is modified as
follows: Change the title of Part III.
(Special Conditions, Management
Practices, and other Non -Numeric
Limitations) to: Part III. Special
Conditions, Management Practices, and
other Limitations.
b. Part III.G is added to the permit as
follows:
Special Numeric Limitations for
Discharges from Ready -Mixed Concrete
Plants in the State of Texas, except
Indian Country lands. All discharges of
storm water from ready -mixed concrete
plants covered by this permit must
comply with the following limitations:
pH—Between 6.0 and 9.0 standard units
Oil and Grease -15 mg/l as a daily
maximum
Total Suspended Solids -65 mg/l as a
daily maximum
These limitations must be taken into
account when designing the storm water
control measures to be used for areas
draining any ready -mixed concrete
plants operated by the permittee.
7. TXRIO*##1: Indian Country Lands in
the State of Texas
No additional requirements.
Addendum A—Endangered Species
I. Instructions for Applicants
A. Background
To meet its obligations under the Clean
Water Act and the Endangered Species Act
(ESA) and to promote those Acts' goals, the
Environmental Protection Agency (EPA) is
seeking to ensure the activities regulated by
the Construction General Permit (CGP) are
protective of endangered and threatened
species and critical habitat. To ensure that
those goals are met, applicants for CGP
coverage are required under Part I.B.3.e. to
assess the impacts of their storm water
discharges and storm water discharge -related
activities on Federally listed endangered and
threatened species ("listed species") and
designated critical habitat ("critical habitat")
by following Steps One through Six listed
below. EPA strongly recommends that
applicants follow these steps at the earliest
possible stage to ensure that measures to
protect listed species and critical habitat are
incorporated early in the planning process.
At minimum, the procedures should be
followed when developing the storm water
pollution prevention plan.
Permittees and applicants also have an
independent ESA obligation to ensure that
their activities do not result in any prohibited
"takes" of listed species. I Many of the
measures required in the CGP and in these
instructions to protect species may also assist
permittees in ensuring that their construction
activities do not result in a prohibited take
of species in violation of § 9 of the ESA.
Applicants who plan construction activities
in areas that harbor endangered and
threatened species are advised to ensure that
Section 9 of the ESA prohibits any person from
"taking" a listed species (e.g.. harassing or harming
it) unless: (1) the taking is authorized through a
"incidental take statement" as part of undergoing
ESA § 7 formal consultation; (2) where an
incidental take permit is obtained under ESA § 10
(which requires the development of a habitat
conservation plan): or (3) where otherwise
authorized or exempted under the ESA. This
prohibition applies to all entities including private
individuals. businesses, and governments.
tom*
36512 Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices
they are protected from potential takings
liability under ESA § 9 by obtaining either an
ESA § 10 permit or by requesting formal
consultation under ESA § 7 (as described in
more detail in Step Seven below). Applicants
who seek protection from takings liability
should be aware that it is possible that some
specific construction activities may be too
unrelated to storm water discharges to be
afforded incidental take coverage through an
ESA § 7 consultation that is performed to
meet the eligibility requirements for CGP
coverage. In such instances, applicants
should apply for an ESA § 10 permit. Where
applicants are not sure whether to pursue a
§ 10 permit or a § 7 consultation for takings
protection, they should confer with the
appropriate Fish and Wildlife Service (FWS)
or National Marine Fisheries Service (NMFS)
office.
This permit provides for the possibility of
multiple permittees at a construction site.
Applicants should be aware that in many
cases they can meet the permit eligibility
requirements by relying on another operator's
certification of eligibility under Part
I.13.3.e.(2)(a), (b), or (c). This is allowed under
Part I.B.3.e.(2)(d) of the permit. However, the
other operator's certification must apply to
the applicant's project area and must address
the effects from the applicant's storm water
discharges and storm water discharge -related
activities on listed species and critical
habitat. By certifying eligibility under Part
I.B.3.e. (2) (d), the applicant agrees to comply
with any measures or controls upon which
the other operator's certification under Part
I.13.3.e.(2)(a), (b) or (c) was based. This
situation will typically occur where a
developer or primary contractor, such as one
for construction of a subdivision or industrial
park, conducts a comprehensive assessment
of effects on listed species and critical habitat
for the entire construction project, certifies
eligibility under Part I.B.3.e. (2) (a), (b) or (c),
and that certification is relied upon by other
operators (i.e., contractors) at the site.
However, applicants that consider relying on
another operator's certification should
carefully review that certification along with
any supporting information. If an applicant
does not believe that the operator's
certification provides adequate coverage for
the applicant's storm water discharges and
storm water discharge -related activities or for
the applicant's particular project area, the
applicant should provide its own
independent certification under Part
I.13.3.e.(2)(a), (b), or (c).
B. Procedures
To receive coverage under the Construction
General Permit, applicants must assess the
potential effects of their stone water
discharges and storm water discharge -related
activities on listed species and their critical
habitat. To make this assessment, applicants
must follow the steps outlined below prior to
completing and submitting Notice of Intent
(NOD form. Applicants who are able to
certify eligibility under Parts 1.13.3.e.(2) (b), (c)
or (d) because of a previously issued ESA
§ 10 permit, a previously completed ESA § 7
consultation, or because the applicant's
activities were already addressed in another
operator's certification of eligibility may
proceed directly to Step Six.
Note.—The revised NOI form which was
included in the CGP (see 62 FR 29822-29823,
June 2, 1997) requires that applicants provide
detailed certification information on listed
species. That form is still under development
and is not expected to be finalized before this
permit is issued. Until the revised NOI form
is finalized, applicants must use the existing
NOI form which does not contain the specific
certification provisions relating to listed
species and critical habitats at construction
projects. However, use of the existing NOI
form does not relieve applicants of their
obligation to follow the procedures listed
below to determine if their construction
storm water discharges or storm water
discharge -related activities meet permit
eligibility requirements for the protection of
listed species and critical habitat. By
following these instructions, applicants will
have sufficient information on listed species
and critical habitat in order to complete
either the existing or revised NOI form and
sign the certification statement.
Step One: Determine if the Construction Site
Is Found Within Designated Critical Habitat
for Listed Species
Some, but not all, listed species have
designated critical habitat. Exact locations of
such habitat is provided in the Service
regulations at 50 CFR Parts 17 and 226. To
determine if their construction site occurs
within designated critical habitat, applicants
should either:
• Contact the nearest Fish and Wildlife
Service (FWS) and National Marine Fisheries
Service (NMFS) Office. A list of FWS and
NMFS offices is found in Section Il of this
Addendum; or
• Contact the State or Tribal Natural
Heritage Centers. These centers compile and
disseminate information on Federally listed
and other protected species. They frequently
have the most current information on listed
species and critical habitat. A list of these
centers is provided in Section III of this
Addendum; or
• Review those regulations (which can be
found in many larger libraries).
If the construction site is not located in
designated critical habitat, then the applicant
does not need to consider impacts to critical
habitat when following Steps Two through
Six below. If the site is located within critical
habitat, then the applicant must look at
impacts to critical habitat when following
Steps Two through Six. Note that many but
not all measures imposed to protect listed
species under these steps will also protect
critical habitat. Thus, meeting the eligibility
requirements of this permit may require
measures to protect critical habitat that are
separate from those to protect listed species.
Step Two: Determine if Listed Species Are
Located in the County(ies) Where the
Construction Activity Will Occur
Section IV of the Addendum contains a
county -by -county list of listed endangered
and threatened species ("listed species"), and
proposed endangered and threatened species
("proposed species"). Since the list was
current as of September 1, 1997, applicants
must also check with other sources for
updated species and county information.
These sources include: Sections II and III of
this Addendum; EPA's Office of Wastewater
Management's web page at "http:H
www.epa.gov/owm" where updates of the
county -by -county list will be posted on a
periodic basis; Federal Register Notices;
State wildlife protection offices; a biologist or
similar professional in the environmental
field; or any other method which can be
reasonably expected to provide this
information. Applicants with construction
projects located in EPA Region 2 and Region
6 can call the Storm Water General Permits
Hotline at (800) 245-6510 for further
assistance. while applicants with projects
located in EPA Regions 1, 3, 7, 8, 9 and 10
may contact the appropriate EPA Regional
Office.
Where a facility is located in more than
one county, the lists for all counties should
be reviewed. Where a facility discharges into
a water body which serves as a border
between counties or which crosses a county
line which is in the immediate vicinity of the
point of discharge, applicants should also
review the species list for the county which
lies immediately downstream or is across the
water body from the point of discharge.
After a review of the available information
from the sources mentioned above, if no
listed species are located in a facility's
county or if a facility's county is not listed,
and the construction site is not located in
critical habitat as described under Step One,
an applicant is eligible for CGP coverage
without further inquiry into the presence of,
or effect to, listed species. The applicant
must check the appropriate certification item
on the revised NOI form (Part I.13.3.e.(2)(a)).
Once the applicant has determined which
listed species are located in his or her
facility's county, the applicant must follow
Step Three.
Step Three: Determine if any Federally Listed
Endangered and Threatened Species May Be
Present in the Project Area
The project area consists of.
• The areas on the construction site where
storm water discharges originate and flow
toward the point of discharge into the
receiving waters (including areas where
excavation, site development, or other
ground disturbance activities occur) and the
immediate vicinity.
Example(s)
1. Where bald eagles nest in a tree that is
on or bordering a construction site and could
be disturbed by the construction activity.
2. Where grading causes storm water to
flow into a small wetland or other habitat
that is on the site which contains listed
species.
• The areas where storm water discharges
flow from the construction site to the point
of discharge into receiving waters.
Example(s)
1. Where storm water flows into a ditch,
Swale, or gully which leads to receiving
waters and where listed species (such as
amphibians) are found in the ditch, swale, or
gully.
• The areas where storm water from
construction activities discharge into
receiving waters and the areas in the
immediate vicinity of the point of discharge.
Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices 36513
Example(s)
1. Where storm water from construction
activities discharges into a stream segment
that is known to harbor listed aquatic
species.
• The areas where storm water BMPs will
be constructed and operated, including any
areas where storm water flows to and from
BMPs.
Example(s)
1. Where a storm water retention pond
would be built.
The project area will vary with the size and
structure of the construction activity, the
nature and quantity of the storm water
discharges, the storm water discharge -related
activities and the type of receiving water.
Given the number of construction activities
potentially covered by the CGP, no specific
method to determine whether listed species
may be located in the project area is required
for coverage under the CGP. Instead,
applicants should use the method which
allows them to determine, to the best of their
knowledge, whether listed species are
located in their project area. These methods
may include:
• Conducting visual inspections: This
method may be particularly suitable for
construction sites that are smaller in size or
located in non -natural settings such as highly
urbanized areas or industrial parks where
there is little or no natural habitat, or for
construction activities that discharge directly
into municipal storm water collection
systems.
• Contacting the nearest State or Tribal
wildlife agency, the Fish and Wildlife
Service (FWS), or the National Marine
Fisheries Service (NMFS). Many endangered
and threatened species are found in well-
defined areas or habitats. Such information is
frequently known to State, Tribal, or Federal
wildlife agencies. A list of FWS and NMFS
offices is provided in Section II of this
Addendum below.
• Contacting local/regional conservation
groups or the State or Tribal Natural Heritage
Centers (see Section III of this Addendum).
State and local conservation groups may have
location specific listed species information.
The Natural Heritage Centers inventory
species and their locations and maintain lists
of sightings and habitats.
• Submitting a data request to a Natural
Heritage Center. Many of these centers will
provide site specific information on the
presence of listed species in a project area.
Some of these centers will charge a fee for
researching data requests.
• Conducting a formal biological survey.
Larger construction sites with extensive
storm water discharges may choose to
conduct biological surveys as the most
effective way to assess whether species are
located in the project area and whether there
are likely adverse effects. Biological surveys
are frequently performed by environmental
consulting firms. A biological survey can be
used to follow Steps Four through Six of
these instructions.
• Conducting an environmental
assessment under the National
Environmental Policy Act (NEPA). Some
construction activities may require
environmental assessments under NEPA.
Such assessments may indicate if listed
species are in the project area. Coverage
under the CGP does not trigger such an
assessment because the permit does not
regulate any dischargers subject to New
Source Performance Standards under Section
306 of the Clean Water Act, and is thus
statutorily exempted from NEPA. See CWA
§ 511(c). However, some construction
activities might require review under NEPA
because of Federal funding or other Federal
involvement in the project.
If no species are found in the project area,
an applicant is eligible for CGP coverage.
Applicants must provide the necessary
certification on the revised NOI form. If listed
species are found in the project area,
applicants must indicate the location and
nature of this presence in the storm water
pollution prevention plan and follow Step
Four.
Step Four: Determine if Listed Species or
Critical Habitat Are Likely To Be Adversely
Affected by the Construction Activity s Storm
Water Discharges or Storm Water Discharge -
Related Activities
To receive CGP coverage, applicants must
assess whether their storm water discharges
or storm water discharge -related activities are
likely to adversely affect listed species or
critical habitat. "Storm water discharge -
related activities" include:
• Activities which cause, contribute to, or
result in point source storm water pollutant
discharges, including but not limited to
excavation, site development, grading, and
other surface disturbance activities; and
• Measures to control storm water
discharges including the siting, construction,
operation of best management practices
(BMPs) to control, reduce or prevent storm
water pollution.
Potential adverse effects from storm water
discharges and storm water discharge -related
activities include:
• Hydrological. Storm water discharges
may cause siltation, sedimentation or induce
other changes in receiving waters such as
temperature, salinity or pH. These effects
will vary with the amount of storm water
discharged and the volume and condition of
the receiving water. Where a storm water
discharge constitutes a minute pertion of the
total volume of the receiving water, adverse
hydrological effects are less likely.
Construction activity itself may also alter
drainage patterns on a site where
construction occurs which can impact listed
species or critical habitat.
• Habitat. Excavation, site development,
grading, and other surface disturbance
activities from construction activities,
including the installation or placement of
storm water BMPs, may adversely affect
listed species or their habitat. Storm water
may drain or inundate listed species habitat.
• Toxicity. In some cases, pollutants in
storm water may have toxic effects on listed
species.
The scope of effects to consider will vary
with each site. If the applicant is having
difficulty in determining whether his or her
project is likely to adversely Affect a listed
species or critical habitat, then the
appropriate office of the FWS, NMFS or
Natural Heritage Center listed in Sections II
and III of this Addendum should be
contacted for assistance. If adverse effects are
not likely, then the applicant should make
the appropriate certification on the revised
NOI form and apply for coverage under the
permit. If adverse effects are likely,
applicants must follow Step Five.
Step Five: Determine if Measures Can Be
Implemented To Avoid Any Adverse Effects
If an applicant makes a preliminary
determination that adverse effects are likely,
it can still receive coverage under Part
I.B.3.e.(2)(a) of the CGP if appropriate
measures are undertaken to avoid or
eliminate the likelihood of adverse effects
prior to applying for permit coverage. These
measures may involve relatively simple
changes to construction activities such as re-
routing a storm water discharge to bypass an
area where species are located, relocating
BMPs, or by changing the "footprint" of the
construction activity. Applicants may wish to
contact the FWS and/or NMFS to see what
appropriate measures might be suitable to
avoid or eliminate the likelihood of adverse
impacts to listed species and/or critical
habitat. (See 50 CFR 402.13(b).) This can
entail the initiation of informal consultation
with the FWS and/or NMFS which is
described in more detail in Step Six.
If applicants adopt measures to avoid or
eliminate adverse effects, they must continue
to abide by those measures during the course
of permit coverage. These measures must be
described in the storm water pollution
prevention plan and may be enforceable as
permit conditions. If appropriate measures to
avoid the likelihood of adverse effects are not
available to the applicant, the applicant must
follow Step Six.
Step Six: Determine if the Eligibility
Requirements of Part LB.3.e.(2)(b)-(d) Can Be
Met
Where adverse effects are likely, the
applicant must contact the EPA and FWS/
NMFS. Applicants may still be eligible for
CGP coverage if any likely adverse effects can
be addressed through meeting the criteria of
Part I.B.3.e.(2)(b)-(d) of the permit. These
criteria are as follows:
1. An ESA Section 7 Consultation Is
Performed for the Applicant's Activity (See
Part I.B.3.e.(2)(b)
Formal or informal ESA § 7 consultation is
performed with the FWS and/or NMFS
which addresses the effects of the applicant's
storm water discharges and storm water
discharge -related activities on listed species
and critical habitat. The formal consultation
must result in either a "no jeopardy opinion"
or a "jeopardy opinion" that identifies
reasonable and prudent alternatives to avoid
jeopardy which are to be implemented by the
applicant. The informal consultation must
result in a written concurrence by the
Service(s) on a finding that the applicant's
storm water discharge(s) and storm water
discharge -related activities are not likely to
adversely affect listed species or critical
habitat (for informal consultation, see 50 CFR
402.13).
ki
36514 Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices
Most consultations are accomplished
through informal consultation. By the terms
of this permit, EPA has automatically
designated applicants as non -Federal
representatives for the purpose of conducting
informal consultations. See Part I.B.3.e.(5)
and 50 CFR 402.08 and 402.13. When
conducting informal ESA § 7 consultation as
a non -Federal representative, applicants must
follow the procedures found in 50 CFR 402
of the ESA regulations.
Applicants must also notify EPA and the
Services of their intention and agreement to
conduct consultation as a non -Federal
representative. Consultation may occur in the
context of another Federal action at the
construction site (e.g., where ESA § 7
consultation was performed for issuance of a
wetlands dredge and fill permit for the
project or where a NEPA review is performed
for the project which incorporates a section
7 consultation). Any terms and conditions
developed through consultations to protect
listed species and critical habitat must be
incorporated into the SWPPP. As noted
above, applicants may, if they wish, initiate
consultation with the Services at Step Five.
Whether ESA § 7 consultation must be
performed with either the FWS, NMFS or
both Services depends on the listed species
which may be affected by the applicant's
activity. In general, NMFS has jurisdiction
over marine, estuarine, and anadromous
species. Applicants should also be aware that
while formal § 7 consultation provides
protection from incidental takings liability,
informal consultation does not.
2. An Incidental Taking Permit Under
Section 10 of the ESA Is Issued for the
Applicants Activity (See Part I.B.3.e. (2) (c))
The applicant's construction activities are
authorized through the issuance of a permit
under § 10 of the ESA and that authorization
addresses the effects of the applicant's storm
water discharge(s) and storm water
discharge -related activities on listed species
and critical habitat. Applicants must follow
FWS and/or NMFS procedures when
applying for an ESA Section 10 permit (see
50 CFR § 17.22(b)(1) (FWS) and § 222.22
(NMFS)). Application instructions for
Section 10 permits for NMFS species can be
obtained by (1) accessing the "Office of
Protected Resources" sector of the NMFS
Home Page at "http://www.nmfs.gov" or by
contacting the National Marine Fisheries
Service, Office of Protected Resources,
Endangered Species Division, F/PR3, 1315
East-West Highway, Silver Spring, Maryland
20910; telephone (301) 713-1401, fax (301)
713-0376.
3. The Applicant Is Covered Under the
Eligibility Certification of Another Operator
for the Project Area (See Part I.B.3.e.(2) (d))
The applicant's storm water discharges and
storm water discharge -related activities were
already addressed in another operator's
certification of eligibility under Part
I.13.3.e.(2)(b), or (c) which also included the
applicant's project area. By certifying
eligibility under Part I.B.3.e. (2) (d), the
applicant agrees to comply with any
measures or controls upon which the other
operator's certification under Part
I.13.3.e.(2)(a), (b) or (c) was based.
O
Certification under Part I.B,3.e.(2)(d) is
discussed in more detail in Section I.A. of
this addendum.
The applicant must comply with any terms
and conditions imposed under the eligibility
requirements of paragraphs I3.3.e(2)(a), (b),
(c), (d) to ensure that its storm water
discharges and storm water discharge -related
activities are protective of listed species and/
or critical habitat. Such terms and conditions
must be incorporated in the project's SWPPP.
If the eligibility requirements of Part
I.B.3.e.(2)(a)-(d) cannot be met, then the
applicant may not receive coverage under the
CGP. Applicants should then consider
applying to EPA for an individual permit.
II. List of Fish and Wildlife Service and
National Marine Fisheries Service Offices
A. U.S. Fish and Wildlife Service Offices
National Website for Endangered Species
Information
Endangered Species Home page: http://
www.fws.gov/r9endspp/endspp.html
Regional, State, Field and Project Offices
USFWS Region Two
Regional Office
Division Chief, Endangered Species, U.S.
Fish and Wildlife Service, ARD Ecological
Services, P.O. Box 1306, Albuquerque, NM
87103
State, Field, and Project Offices (Region Two)
Field Supervisor, U.S. Fish and Wildlife
Service, Corpus Christi Field Office, 6300
Ocean Dr., Campus Box 338, Corpus
Christi, TX 78412
Field Supervisor, U.S. Fish and Wildlife
Service, Arlington Field Office, 711
Stadium Dr., East, Suite 252, Arlington, TX
76011
Field Supervisor, U.S. Fish and Wildlife
Service, Clear Lake Field Office, 17629 El
Camino Real, Suite 211, Houston, TX
77058
Field Supervisor, U.S. Fish and Wildlife
Service, Oklahoma Field Office, 222 S.
Houston, Suite a, Tulsa, OK 74127
Field Supervisor, U.S. Fish and Wildlife
Service, New Mexico Field Office, 2105
Osuna, NE, Albuquerque, NM 87113
Field Supervisor, U.S. Fish and Wildlife
Service, Austin Ecological Serv. Field
Office, 10711 Burnet Road, Suite 200,
Austin, TX 78758
Field Supervisor, U.S. Fish and Wildlife
Service, Arizona State Office, 2321 W.
Royal Palm Road, Suite 103, Phoenix, AZ
85021-4951
USFWS Region Four
Regional Office
Division Chief, Endangered Species, U.S.
Fish and Wildlife Service, ARD—
Ecological Services, 1875 Century Blvd.,
Suite 200, Atlanta, GA 30345
State, Field, and Project Offices (Region Four)
Field Supervisor, U.S. Fish and Wildlife
Service, Panama City Field Office, 1612
June Avenue, Panama City, FL 32405-3721
Field Supervisor, U.S. Fish and Wildlife
Service, South Florida Ecosystem Field
Office, 1360 U.S. Hwy 1, #5; P.O. Box 2676,
Vero Beach, FL 32961-2676
Field Supervisor, U.S. Fish and Wildlife
Service, Caribbean Field Office, P.O. Box
491, Boqueron, PR 00622
Field Supervisor, U.S. Fish and Wildlife
Service, Puerto Rican Parrot Field Office,
P.O. Box 1600, Rio Grande, PR 00745
Field Supervisor, U.S. Fish and Wildlife
Service, Brunswick Field Office, 4270
Norwich Street, Brunswick, GA 31520-
2523
Field Supervisor, U.S. Fish and Wildlife
Service, Jacksonville Field Office, 6620
Southpoint Drive S., Suite 310,
Jacksonville, FL 32216-0912
Field Supervisor, U.S. Fish and Wildlife
Service, Charleston Field Office, 217 Ft.
Johnson Road, P.O. Box 12559, Charleston,
SC 29422-2559
Field Supervisor, U.S. Fish and Wildlife
Service, Clemson F.O., Dept. of Forest
Resources, 261 Lehotsky Hall, Box 341003,
Clemson, SC 29634-1003
Field Supervisor, U.S. Fish and Wildlife
Service, Raleigh Field Office, P.O. Box
33726, Raleigh, NC 27636-3726
Field Supervisor, U.S. Fish and Wildlife
Service, Cookeville Field Office, 446 Neal
Street, Cookeville, TN 38501
Field Supervisor, U.S. Fish and Wildlife
Service, Asheville Field Office, 160
Zillicoa Street, Asheville, NC 28801
Field Supervisor, U.S. Fish and Wildlife
Service, Daphne Field Office, P.O. Drawer
1190, Daphne, AL 36526
Field Supervisor, U.S. Fish and Wildlife
Service, Vicksburg Field Office, 2524 S.
Frontage Road, Suite B, Vicksburg, MS
39180-5269
Field Supervisor, U.S. Fish and Wildlife Svc.,
Lafayette Field Office, Brandywine II, Suite
102, 825 Kaliste Saloom Road, Lafayette,
LA 70508
Field Supervisor, U.S. Fish and Wildlife
Service, Jackson Field Office, 6578
Dogwood View Pkwy Suite A, Jackson, MS
39213
B. National Marine Fisheries Service Offices
The National Marine Fisheries Service is
developing a database to provide county and
territorial water (up to three miles offshore)
information on the presence of endangered
and threatened species and critical habitat.
The database is projected to be available to
the public sometime in December 1997. The
database should be found at the "Office of
Protected Resources" site on the NMFS
Homepage at "http://www.nmfs.gov".
Regional and Field Office
Southeast Region
Protective Species Management Branch,
National Marine Fisheries Service,
Southeast Region, 9721 Executive Center
Drive, St. Petersburg, Florida 33702-2432
III. Natural Heritage Centers
The Natural Heritage Network comprises
85 biodiversity data centers throughout the
Western Hemisphere. These centers collect,
organize, and share data relating to
endangered and threatened species and
habitat. The network was developed to
inform land -use decisions for developers,
Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices 36515
f _-
corporations, conservationists, and
government agencies and is also consulted
for research and educational purposes. The
centers maintain a Natural Heritage Network
Control Server Website (http:H
www.heritage.tnc.org) which provides
website and other access to a large number
of specific biodiversity centers. Some of these
centers are listed below:
Oklahoma Natural Heritage Inventory
Oklahoma Biological Survey, 111 East
Chesapeake Street, University of
Oklahoma, Norman, OK 73019-0575,405/
325-1985 Fax: 405/325-7702, Web site:
http://obssun02.uoknor.edu/biosurvey/
onhi/home.html
Louisiana Natural Heritage Program
Department of Wildlife & Fisheries, P.O. Box
98000, Baton Rouge, LA 70898-9000, 504/
765-2821 Fax: 504/765-2607
Navajo Natural Heritage Program
P.O. Box 1480, Window Rock, Navajo Nation,
AZ 86515, (520) 871-7603, (520) 871-7069
(FAX)
Texas Biological and Conservation Data
System
3000 South IH -35, Suite 100, Austin, TX
78704, 512/912-7011 Fax: 512/912-7058
IV. County List of Endangered and relieve applicants or permittees o their
Threatened Species responsibility to comply with applicable
Please see February 17, 1998, Federal
Register Vol. 63 no. 31 for county by county
listing or contact EPA Region 6 Storm Water
Hotline (1-800-245-6510). EPA's Office of
Wastewater Management's web page at
"http://www.epa.gov/owm" will post
periodic updates of the county -by -county list.
You may also check the list of endangered
and threatened species published by the Fish
and Wildlife Service on the Endangered
Species Home Page (http://www.fws.gov/
-r9endspp/enddspp.htm) which is also
attached to the FWS Home Page in the
"Nationwide Activities Category". List of
species under NMFS jurisdiction can be
found on the NMFS Homepage
(http:www.nmfs.gov) under the "Protected
Resources Program." Lists and maps of
critical habitat can be found in the Code of
Federal Regulations (CFRs) at 50 CFR parts
17 and 226.
Addendum B—Historic Properties
(Reserved)
Instructions related to historic preservation
have not been included in the permit at this
time. EPA may modify the permit to include
such provisions at a later date. This does not
State, Tribal or local laws for the protection
of historic properties.
Addendum C—Revised Notice of Intent
Form
The Notice of Intent form (EPA3510-9)
replaces the Notice of Intent form (EPA
3510-6 (8-98)). The revised form is
contained in this Addendum. According to
the provisions in Part II.B.1 of this permit,
applicants are reminded they must certify
that they meet all eligibility requirements of
Part I.B. of this permit and are informing the
Director of their intent to be covered by, and
comply with, those terms and conditions.
These conditions include certifications that
the applicant's storm water discharges and
storm water -related discharge activities will
not adversely affect listed endangered or
threatened species, or their critical habitat.
EPA may modify this permit to include
provisions relating to historic preservation.
BILLING CODE 6566-50-P
r*+
36516 Federal Register / Vol. 63, No. 128/Monday, July 6, 1998/Notices
rn�
r*�
THIS FORM REPLACES PREVIOUS FORM 3510-6 (8-98) Form Approved. oMB No.2040-0188
See Reverse for Instructions
/f
United States Environmental Protection Agency
Washington, DC 20460
NPDES
FORM
EPA
Notice of Intent (NOI) for Storm Water Discharges Associated with
`�'
CONSTRUCTION ACTIVITY Under a NPDES General Permit
Submission of this Notice of Intent constitutes notice that the party identified in Section I of this form intends to be authorized by a NPDES permit issued
for storm water discharges associated with construction activity in the State/Indian Country Land identified in Section II of this form. Submission of this Notice
of Intent also constitutes notice that the party identified in Section 1 of this form meets the eligibility requirements in Part I.B. of the general permit (including
those related to protection of endangered species determined through the procedures in Addendum A of the general permit), understands that continued
authorization to discharge is contingent on maintaining permit eligibility, and that Implementation of the Storm Water Pollution Prevention Plan required under
Part IV of the general permit will begin at the time the permittee commences work on the construction project identified in Secion II below. IN ORDER TO
OBTAIN AUTHORIZATION, ALL INFORMATION REQUESTED MUST BE INCLUDED ON THIS FORM. SEE INSTRUCTIONS ON BACK OF FORM.
1. Owner/Operator (Applicant) information
Name; I I I I I I I I I I I I I t i l l l l l f 1 1 1 1 i i l I I Phone: I I I I I 1 1 1 1 1 1
Status of
Address:) t l l! t l l 11 I 1 t I I i I ( t I I I I I I I I I I I I! I Owner/Operator: ❑
City: L I 1 4 1 1 I I I I I! I I! i 1 1 1 1 1 1 1 State: Zip Code:
Is the facility located on Indian
11. Project/Site Information Country Lands?
11 1 1 1 1 1 1 I I i i l l 1 I I i I I I I I I i I I I I l i Yes ❑ No ❑
Project Name:
Project Address/Location:
City: I i I I I I I I I I I i I I 1 1 1 1 1 1 1 1 I I State: L I Zip Code:
Latitude: 1 1 1 t 1 _I I Longitude: I 1 1 1 1 I- 1 County: I I I I 1 I i I 1 I I I I 1 1 I I 1 I I
Has the Storm Water Pollution Prevention Plan (SWPPP) been prepared? Yes ❑ No ❑
Optional: Address of location of
SWPPP for viewing ❑ Address in Section I above ❑ Address in Section II above ❑ Other address (if known) below:
SWPPP Phone:
Address: i 1 1 1 f 1 1 1 1 1 I I I I I I I I I I I I I I I i I I i I I I I I I 1 I I I 11 I I I
City: E I I I I 1 I I I i i I _ I 1 i 1 1 I I I I I I State: LI Zap Code: 1 1 1 1 1 1-1 1 1 1 1
Name of Receiving Water. I I I M I I I I I I I I 11 f I I I I I I t I
I I I I I I I I I I I I I I I I t I Based on instruction provided in Addendum A of the permit, are
Month Day Year Month Day Year there any listed endangered or threatened species, or designated
Estimated Construction Start Date Estimated Completion Date critical habitat in the project area?
Estimate of area to be disturbed (to nearest acre): I I I I I I I Yes ❑ No ❑
Estimate of Likelihood of Discharge (choose only one): I have satisfied permit eligibility with regard to protection of
endangered species through the indicated section of Part 1.B.3.e.(2)
1. ❑ Unlikely 3. ❑ Once per week 5. ❑ Continualof the permit (check one or more boxes):
2. ❑ Once per month 4. ❑ Once per day (a) ❑ (b) ❑ (c) ❑ (d) ❑
III. Certification
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel property gather and evaluate the information submitted. Based on my Inquiry of the person or persons who
manage this system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.
Print Name: 11 i i t i I I t I I I I 1 I f 1 1 I I 1 I I 1 1 1 1 I I I Date: 11 1 1 I 1
Signature:
EPA Form 3510-9 replaced 3510-6 (8-98)
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36517
Instructions — EPA Form 3510-9 Form Approved. OMB No. 2040-0188
PA Notice of Intent (NOI) for Storm Water Discharges Associated with
1810 E
Construction Activity to be Covered Under a NPDES Permit
Who Must File a Notice of Intent Form
Under the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251
st.seq.; the Act), except as provided by Part I.B.3 the permit, Federal law
prohibits discharges of pollutants in storm water from construction activities
without a National, Pollutant Discharge Elimination System Permit Operators)
of construction sites where 5 or more acres are disturbed, smaller sites that
are part of a larger common plan of development or sale where there Is a
cumulative disturbance of at least 5 acres, or any site designated by the
Director, must submit an NOI to obtain coverage under an NPDES Storm
Water Construction General Permit. If you have questions about whether
you need a permit under the NPDES Storm Water program, or if you need
Information as to whether a particular program is administered by EPA or
a State agency, write to or telephone the Notice of Intent Processing Center
at (703) 931-3230.
Where to File Not Form
NOIs must be sent to the following address:
Storm Water Notice of Intent (4203)
USEPA
401 M. Street, SW
Washington, D.C. 20460
Do not send Storm Water Pollution Prevention Plans (SWPPPs) to the
above address. For ovemight/express delivery of NOls, please include the
room number 2104 Northeast Mail and phone number (202) 260-9541 in
the address.
When to File
This form must be filed at least 48 hours before construction begins.
Completing the Form
OBTAIN AND READ A COPY OF THE APPROPRIATE EPA STORM WATER
CONSTRUCTION GENERAL PERMIT FOR YOUR AREA. To complete
this form, type or print, using uppercase letters, in the appropriate areas
only. Please place each character between the marks (abbreviate if
necessary to stay within the number of characters allowed for each item).
Use one space for breaks between words, but not for punctuation marks
unless they are needed to clarify your response. If you have any questions
on this form, call the Notice of Intent Processing Center at (703) 931-3230.
Section I. Facility Owner/Operator (Applicant) Information
Provide the legal name, mailing address, and telephone number of the
person, firm, public organization, or any other entity that meet either of the
following two criteria: (1) they have operational control over construction
plans and specifications, including the ability to make modifications to those
plans and specifications; or (2) they have the day -today operational control
of those activities at the project necessary to ensure compliance with SWPPP
requirements or other permit conditions. Each person that meets either of
these criteria must file this form. Do not use a colloquial name. Correspon-
dence for the permit will be sent to this address.
Enter the appropriate letter to indicate the legal status of the owner/operator
of the project: F = Federal; S = State; M = Public (other than federal or
state); P = Private.
Section If. Project/Site Information
Enter the official or legal name and complete street address, including city,
county, state, zip code, and phone number of the project or site. If It lacks
a street address, indicate with a general statement the location of the site
(e.g., Intersection of State Highways 61 and 34). Complete site information
must be provided for permit coverage to be granted.
The applicant must also provide the latitude and longitude of the facility in
degrees, minutes, and seconds to the nearest 15 seconds. The latitude
and longitude of your facility can be located on USGS quadrangle maps.
Quadrangle maps can be obtained by calling 1-800 USA MAPS. Longitude
and latitude may also be obtained at the Census Bureau Internet site:
httpJ/www.consus.gov/cgi-bin/gazettear.
Latitude and longitude for a facility in decimal form must be converted to
degrees, minutes and seconds for proper entry on the NOI form. To convert
decimal latitude or longitude to degrees, minutes, and seconds, follow the
steps in the following example.
Convert decimal latitude 45.1234567 to degrees, minutes, and seconds.
1) The numbers to the left of the decimal point are degrees.
2) To obtain minutes, multiply the first four numbers to the right of the
decimal point by 0.006. 1234x.006=7.404.
3) The numbers to the left of the decimal point in the result obtained in
step 2 are the minutes: 7.
4) To obtain seconds, multiply the remaining three numbers to the right of
the decimal from the result in step 2 by 0.06: 404 x 0.06 = 24.24. Since
the numbers to the right of the decimal point are not used, the result is
24'.
5) The conversion for 45.1234 = 45° 7' 24".
Indicate whether the project is on Indian Country lands.
Indicate if the Storm Water Pollution Prevention Plan (SWPPP) has been
developed. Refer to Part IV of the general permit for information on SWPPPs.
To be eligible for coverage, a SWPPP must have been prepared.
Optional: Provide the address and phone number where the SWPPP can
be viewed if different from addresses previously given. Check appropriate
box.
Enter the name of the closest water body which receives the project's
construction stone water discharge.
Enter the estimated construction start and completion dates using four digits
for the year (i.e. 05/27/1998).
Enter the estimated area to be disturbed including but not limited to:
grubbing, excavation, grading, and utilities and infrastructure installation.
Indicate to the nearest acre; if less than 1 acre, enter "1.* Note: 1 acre =
43,560 sq. ft.
Indicate your best estimate of the likelihood of storm water discharges from
the project. EPA recognizes that actual discharges may differ from this
estimate due to unforeseen or chance circumstances.
Indicate if there are any listed endangered or threatened species, or
designated critical habitat in the project area.
Indicate which Part of the permit that the applicant is eligible with regard
to protection of endangered or threatened species, or designated critical
habitat.
Section ill. Certification
Federal Statutes provide for severe penalties for submitting false Information
on this application form. Federal regulations require this application to be
signed as follows:
For a corporation: by a responsible corporate officer, which means:
(i) president, secretary, treasurer, or vice president of the corporation In
charge of a principal business function, or any other person who performs
similar policy or decision making functions, or (ii) the manager of one or
more manufacturing, production, or operating facilities employing more than
250 persons or having gross annual sales or expenditures exceeding $25
million (in second-quarter 1980 dollars), if authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures;
For a partnership or sole proprietorship: by a general partner of the proprietor,
or
For a municipality, state, federal, or other public facility: by either a principal
executive or ranking elected official. An unsigned or undated NOI form will
not be granted permit coverage.
Paperwork Reduction Act Notice
Public reporting burden. for this application is estimated to average 3.7
hours. This estimate Includes time for reviewing Instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. An agency may not
conduct or sponsor, and a person is not required to respond to, a collection
of Information unless it displays a currently valid OMB control number.
Send comments regarding the burden estimate, any other aspect of the
collection of information, or suggestions for improving this form, including
any suggestions which may increase or reduce this burden to: Director,
OPPE Regulatory Information Division (2137), U.S. Environmental Protection
Agency, 401 M Street, SW, Washington, D.C. 20460. Include the OMB
control number on any correspondence. Do not send the completed form
to this address.
faah
36518 Federal Register / Vol. 63; No. 128/Monday, July 6, 1998/Notices
Addendum D—Notice of Termination Form
From the effective date of this permit, permittees are to use the existing Notice of Termination form (EPA Form 3510-7) contained
in this Addendum until they are instructed by the Director (EPA) to use a revised version. Permittees are to complete, sign and
submit the form in accordance with Part VIII of the permit when terminating permit coverage at a construction project when one
or more or the conditions contained in Part I.D.2 have been met.
r�
nava
a�a
THIS FORM REPLACES PREVIOUS FORM 3510-7 (8-92) Form Approved, ortame. nso4m
Platse see Instruetlom Before Com This Form Aeeseret eekam am.w
t�
United
WashDO 20400
NPDES
FORM
®�'EpA
Nadas of Termination O of Covera Under a NPDES General PerntR for
(NOT)
lsctts sera etivlty
Storm Water D r Attuochttsd with IndutstNal A
I Submission of this Notice of Terdnaton COnsittum notice shat the party Wontltied in SecOon 11 o1this form is no loaner auQarizad to disdwps liar water
THIS FORM.
aswdsW wth kmd wbW actiWgr under Ilia NPDES program. ALL NECESSARY INFORMATION MUST BE PROVIDED ON
j i. Permit irdarm9tlon
I NPDES Strom Water Cho* Hera N You are No Longer sock Hera n fitn storm water
t General Permit NumbL-a-^L- L--) lite Operator of tiro Fadk � Discharge is filing TamYnated:
er:
If. Facility Operator irdortnatlon
Name: L_ r,:, t t r , r r r t r t r t r r e Phone; r t m m m t
CW. 1 1 t i t f t I m Lt1_ I i I t 1 1 1 J Stats: �• F 1 ZIP Code:
111. Facility/She Location Inlormatbn
Nana: I
Address t t 1 m m r i t r t i
C*fi I r t t i 1 I , , m t, 1 t 1 i i i I state: L__1_J zipcoded ( 1 1 t ! 1', 1 1 t I
LaIIhXIW L t i t i t i f.ahgibide:l I i 1 t an. W. W sww: W Township: ( I Range: LTJ
IV. Certification 1 nerdy under penalty of law that all storm water discharges associated with Industrial acd ty from the identified facility that are
two been eliminated or that I am no longer the operator of the facility or constriction site. I understand that by
auewrized by a NPOES general permit
subrNffin9 itis Notice of Termirwilm, l am no longer authorized to discharge storm water associated with industrial activity under this gsrwral permit and
with Industrial activity to waters of Via United States IS unlawful under the Clean Water Act whore
trot drtdha9ing pollutants M storm water assoc)ated
the discharge Is not authorized by a NPDE$ permit. 1 also understand that ft submittal of this Notice of Termination does not release an operator from
Isbfuy for any vbletlons of this permit or the Clean Water Act.
i
Pdm Nares: L�_i_t�_.f �l�t ._1_..t .t ��� _ L , I Date: i _� L t i_h J
Signature:
Instructions for Completing Notice of Termination (NOT) Form
Who U" File a Notice of Termination (NOT) Form when to Me NOT Form
Permltba who ars post* covered under an EPA-bsued Naflom1 Polufant Send OU form toffs go tolowtng "cima:
mHeefarae ENmkmtion System (NPDES) General Permit (hwkxft the 1996
I6jFSedor Parol) for Storm Water Didfarga Associated with Industrial Activity Storm Water Notice of Termination (4200)
may rJYM a Noah of TemYnation (NOT) form when their facases no low 401 M Soeet. S.W.
hates any storm water drderges associated with kAotdai aetivhly as defined in Washington, DC 20460
the storm worst regulations at 40 CFR 122.28(b)(14), or when they are no brper
the operator of to facillsa.
Completing tlha Form
For construction MOV111011, $k"dom Of 81 storm w11W dsdurga aasoaisted
with Industrial aotivity occurs when dsbrtbed acre at the cortsetwom sits have Type or print, using upper -Case letters, M tis appropriate Arm OW Plsae
been Wesly sMMed and temporary nasion and sediment control measures ptau a.M dwacW txtoom the rub. Abbreviate If necessary to Mywf b
ham ban nmowd or will M removed at an appropriate time. Or that 81 storm the mmber of dunxters allowed for each item. U" orgy she spans for We"
e
water Aedlugn associated with Industrial0*4ity from the aanstru rim We fiat between words, fad not for putcbMtion marks wIm they an msded to dity
are nrataited by a NPDES general permit Mve otrun+ke been Nhmlnated PAW your response. If you have ny pwamm about NM lam, telephone or the
dWAzdim mmem tiut a1 aoiduhubing sctvZes at hie " have been Narks of Intent Processing Cemeat (703) 0314230.
oerpletW, and that a wdbnm penmtal mpelatim ower wkh adeaity of 70% of
Uma cover for apaved areas and ansa not covered by pernarnnt structures hes
ban aMbilshed, or egtimNM Penmmnt SWAIzation maws (such as the
we of romp, gabiom. or gootext1a) have beer employed.
EPA Form 3510-7 48-90)
Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36519
Instructions - EPA Form 3510-7
Notice of Termination (NOT) of Coverage Under The NPDES General Permit
for Storm Water Discharges Associated With Industrial Activity
Section t Permit Information
Enter the existing NPOES Storm Water General Permit number assigned to the
facility or site identified in Section III. If you do not know the permit number,
telephone or write your EPA Regional storm water contact person.
Indicate your reason for submitting this Notice of Termination by checking the
appropdate box:
If there has been a change of operator and you are no longer the operator of
the facility or site identified in Section 111, check the corresponding box.
Hal storm water discharges at the facility or site identified in Section Ill have
been terminated, check the corresponding box.
Section 11 Facility Operator Information
Give the legal name of the person, firm, public organization, or any other entity that
operdesthe facility, or site described in this application. The name of the operator
mayormay not bathe same name as the facility. The operator of the facility is the
legal entity which controls the facility's operation, rather than the plant or site
manager. Do not use a colloquial nacre. Enter the complete address and telephone
number of the operator.
Section 111 Facility/Site Location Information
Enter the facility's or site's official or legal name and complete address, including
city, state and 2312 code. N the tacitly lacks a street address, indicate the state, the
latitude and longitude of the facility to the nearest 15 seconds, or the quarter,
section, township, and range (to the nearest quarter section) of the approximate
center of the site.
[FR Doc. 98-17521 Filed 7-2-98; 8:45 am]
BILLING CODE 6560-50-C
Section IV Certification
Federal statutes provide for severe penalties for submitting false Information on this
application form. Federal regulations require this application to be signed as
follows:
For a corporation: by a responsible corporate officer, which means: n president,
secretary, treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy or decision
making functions, or (4) the manager of one or more manufacturing. production, or
operating facilit"ies employing more than 250 persons or having gross annual sales
or expenditures exceeding $25 million (n second-quarter 1980 dollars), it authority
to sign documents has been assigned or delegated to the manager In accordance
with corporate procedures:
Fora partnership orsote proprietorship: by a general partner orthe proprietor, or
For a municipefity, State, Federal, or other public facill(i by either a principal
executive officer or ranking elected official.
Paperwork Reduction Act Notice
Public reporting burden for this application is estimated to average 0.5 hours per
application, including time for reviewing instructions. searching existing data
sources, gathedrng and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding the burden estimate, an
otheraspect of the collection of information, or suggestions for improving this form,
including any suggestions which may Increase or reduce this burden to: Chief,
Information Policy Branch, 2136, U.S. Environmental Protection Agency, 401 M
Street, SW, Washington, DC 20460, or Director. Office of Information and
Regulatory Affairs. Office of Management and Budget, Washington, DC 20503.
LOCATION MAP
j i I
Py IND
PARK =
ADD
1!*a < O
O,O
.. 4.
� B
' �'^'RIVA� y S
S�� �
C. DCORRELL It II [. MC
�1
tEr
iit i
fT.
z i C
fA' .,t R C. @Alt .T.
'Ar i � i
=T. rrfi AUBURN
E. Av�y w l��
/57 PARKWAY
DRIVE
��
/ l_ t, AIT
1 LTJ
<
�:11 i BOZEMAN
/ i 7T � SCHOOL
/ � f. tND ► � W t t ND Pi..
s < W
u� f
RUEL
MARTIN
`Rn �❑��I ELEM.
-"--- [ BROADWAY
E. Is TN�n n 2 it C. ISrN
aT r
0-5
io�*,\ swo ,
A-25
STA -4
NOO
I]00
2DD
Iloo
1000
fq0
RUEL
MARTIN
`Rn �❑��I ELEM.
-"--- [ BROADWAY
E. Is TN�n n 2 it C. ISrN
aT r
0-5
io�*,\ swo ,
A-25
STA -4