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Ordinance No. 16,158ORDINANCE NO. 16,158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WHITLEY PENN, LLP TO PROVIDE AUDIT SERVICES IN CONNECTION WITH PAYMENT IN LIEU OF TAXATION AGREEMENTS, AND INDUSTRIAL DISTRICT AGREEMENTS WITHIN THE CITY'S INDUSTRIAL DISTRICTS, EXTRATERRITORIAL JURISDICTION, AND AREAS ANNEXED FOR LIMITED PURPOSES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHTY-TWO THOUSAND FIVE HUNDRED AND NO:100 DOLLARS ($82,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with Whitley Penn, LLP to provide audit services in connection with Payment in Lieu of Taxation Agreements and Industrial District Agreements within the City's Industrial Districts, Extraterritorial Jurisdiction, and areas annexed for limited purposes. A copy of said agreement is attached hereto as Exhibit"A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Whitley Penn, LLP in an amount not to exceed EIGHTY-TWO THOUSAND FIVE HUNDRED AND NO. 100 DOLLARS ($82,500.00) for professional services in accordance with the agreement authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00)or less. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 12t1i day of June, 2025. NXT0WV r C ARLE NSON, Mayor eyeoeee A EST- ANGEL N, itef FO APPROVED SCOTT LEMO D, City Attorney R:Ordinances and Resolutions Ordinance Drafts\2025-06-12 PSA with Whitley Penn for Audit Services for PILOT agreements and IDA's-kh-docx AGREEMENT FOR CONSULTING SERVICES STATE OF TEXAS ti COUNTY OF HARRIS This Agreement (this "Agreement") is entered into by and between Whitley Penn, LLP (hereinafter Consultant") and the City of Baytown, a home-rule municipality located in Harris and Chambers Counties, Texas (the "City"). 1.Scope of Services/Consultant Fees a.This Agreement authorizes Consultant to perform audit services for economic development, payment in lieu of tax, and industrial district agreements for the City of Baytown in the City's Industrial Districts, Extraterritorial Jurisdiction and Limited Purposed Annexed areas located in Hams and Chambers County (the Work") for and on behalf of the City as specified in the Scope of Work attached as Exhibit `'A." b.This Agreement shall commence on the date of execution by the City Manager or his designee and (if not terminated in accordance kith paragraph 10) shall tenninate: upon completion of the Work in accordance with this Agreement. including Exhibits; number of months days (spelled out) (number of months days [numerical]) months days following execution by the City :,-tanager or his designee, allowing for up to number of renewals (spelled out) annual renewals; the earlier of (a) completion of the Work in accordance with this Agreement, including Exhibits; (b) number of months days (spelled out) (number of months days [numerical]) months days followin,y execution by the City Manager or his designee, allowing for up to number of renewals (spelled out) annual renewals. C.The scope of the Work is detailed in Exhibit "A." d.Exhibit "A" is incorporated into this agreement by reference for all purposes 2.Compensation and Professional Fees a. The City shall pay Consultant in installments based upon monthl, progress reports and detailed invoices submitted by the Consultant based upon the following Agreement for Consulting Service,. Page 1 i. Partner ......... .................................. .............................$11,700.00 ii. Manager .............................................._.................. ....................S16,200.00 11i. Senior ........................................................_.................................S30,800.00 iv. Associate. ................................... ........... .. ..................................$23,800.00 v. Total Not to Exceed ... ................................ .............................S82,500.00 b.Consultant shall not exceed the fixed contractual amount without written authorization in the form of a Contract amendment. C.Reimbursable Expenses are itemized by work category. Reimbursable Expenses shall be invoiced AT COST, without subsequent markup by Consultant. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per allowable category!. 1) Allowable reimbursable Expenses include: a) Hard copy reproductions, copies, and/or binding costs, b) Postage-, c) Mileage, for travel from Consultant's office to meetings at the City- or jobsite only If Consultant does not have a local office within a fifty (50) mile radius of Baytown. ivIlleage shall be charged at the current IRS rates-, d) Travel Expenses, mileage from local office to state or federal regulatory agency office beyond 100 miles- and c) Lodging expenses for destinations beyond 100 miles from Consultant's local office AND when business hours exceed eight hours within one business day OR when Consultant's services require more than one eight-hour day at the destination: provided such expenses has been approved in writing, by the City. d.Disallowed Expense,,; If Consultant has an office in Harris or Chambers Counties, Texas, Disallowed Expenses shall include travel expenses for professionals traveling into Harris or Chambers Counties from Consultant's offices outside of Harris or Chambers Counties. e.Consultant shall invoice based upon total sere ices actuall,, completed during the applicable month. Invoices and all required or requested backup information shall be tendered no more often than once a month- Consultant shall not invoice the City for services or expenses that were incurred more than sixty (60) days before the date of the invoice. Fai,ure to timel,, invoice the City for services or expenses shall result In Consultant's invoice bein,,, denied- f- In the event of a disputed or contested invoice, the City may withhold from payment that portion so disputed or contested, and the undisputed portion will be paid. A reenienc tcr PrJ`ssi,nal Serices, Pa2e rep ised 4 2121 202 3.Personnel of Consultant a.Consultant's Project Manager Consultant shall designate Guadalupe Garcia, to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty (30) days advance written approval from the City's Representative. b Licensed and Registered Accountant Consultant shall keep full-time registered Certified Public Accountant licensed in the State of Texas on staff and assigned to the Work for the duration of its performance of the Work. C.Data on Consultant's Employees Prior to commencement of the Work, Consultant shall forward to the City a detailed resume of the personnel that will be assigned to the Work. d.Rejection of Consultant's Employees The City reserves the right to approve or reject from the Work any employees of Consultant. 4.Designation and Duties of the City's Representative a.The Economic Development Manager or his/her designee shall act as the City's Representative. b. The City's Representative shall use his best efforts to provide nonconfidential City records for Consultant's use. However, the City does not guarantee the accuracy or correctness of the documents so provided. Notwithstanding the foregoing. Consultant shall be entitled to use and rely upon information provided by the City in performing the services required under this Agreement only to the extent and le\,el specified by the City in writing for each document provided. Nothing contained herein shall be construed to require the City, to provide such records in anv certain format. The format in which the existing data and documentation \ill be pro\.ided shall be at the sole discretion of the City. Standards of Performance a Consultant shal, perform all services under this Agreement with the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances. time and locality. Opinion of probable cost shall be based upon the Consultant's experience and represent its best judgment as an experienced and qualified professional Each submittal of opinion of probable cost shall be commensurate with the project design. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the City shall not be responsible for discovering A,reement for Prot'ssiona; Scr Ices. Page 3 r:.:;ed 4 221_'025 deficiencies therein. Consultant shall correct such deficiencies without additional compensation. b.Codes and Standards i. All references to codes, standards, environmental regulations and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the requestor for Work is made by the City. ii. The Work shall be designed and furnished in accordance with the most current codes and/or standards adopted by city, state, or federal government or in general custom and usage by the profession and shall comply with Texas Department of Licensing and Regulation's rules and regulations. ill. The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Consultant if superior methods are available for successful completion of the Work. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above-listed codes and regulations. Consultant shall state the alternative codes and regulations used. i. Consultant agrees the services it provides as an experienced and qualified Certified Public Accountant will reflect the professional standards, procedures and performances common in the industry for this project. Consultant further agrees that any analysis, reports, preparation of drawings, the designation or selection of materials and equipment. the selection and supervision of personnel and the performance of other ser%ices under this contract will be pursuant to the standard of performance common in the profession. Consultant shall promptly correct any detective analysis caused by Consultant at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Consultant's services hereunder or of the Work itself shall in no way alter Consultant's obligations or the City's rights under this Agreement As applicable. Consultant shall provide the City ith record "as-built" dra ainas relatin`, to the Work in an electronic format that i; acceptable to the City yCity shall be in receipt of record drawings, if applicable, prior to final payment. 6.Schedule Consultant shall not proceed with the Work or anv stage thereof until written notice to proceed is pro%ided by the City's Representative. 7.Insurance Consultant shall procure and maintain at its sole cost and expense for the duration of the A_reer.;en,, for Proles;ooiiai Page 4 r-%(field 4 " 2i]25 Agreement, insurance against claims for injuries to persons or damages to property which may- arise from or in connection with the perfonnance of the Work hereunder by Consultant, its agents, representatives, volunteers, employees or subconsultants. a. Consultant's insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of Consultant's insurance and shall not contribute to it. Further, Consultant shall include all subconsultants, agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: t. Commercial General Liability 0 General Aggregate: 52,000,000 0 Products & Completed Operations Aggregate: 52,000,000 0 Personal & Advertising Injury: S1,000,000 0 Per Occurrence: S 1,000,000 0 Fire Damage 5500,000 0 Waiver of Subrogation required 0 Coverage shall be broad form 0 No co,,erage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. ii Business Automobile Policy 0 Combined Single Limits: 51,000,000 0 Coverage for "Any Auto" 0 Wal er of Subrogation required. iii Errors and Omissions 0 Limit: S l.000,000 for this project 0 Claims-made form is acceptable 0 Coverage will be in force for one ( I dear attar completion of the Project. 0 Waiver of Subrogation required I Workers' Compensation 0 Statutory Limits 0 Employer's Liability $500,000 0 Wai%er of Subrogation required b. The following shall be applicable to all policies of insurance required herein Aar_ement f.r Pr,:,fes i<:nal Services. Pa,e 5 rev±:ed 4 " 21)'i i. Insurance carrier for all liability policies must have an A.M. Best Rating of A:VIII or better. ii. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. Liability policies must be on occurrence form. Errors and Omissions can be on claims-made form. iv. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty (30) days prior written notice by mail, return receipt requested, has been given to the City. V. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers' Compensation and Errors and Omissions Policies required herein. V1. Upon request and without cost to the City, certified copies of all insurance policies and or certificates of insurance shall be furnished to the City. vii_ Upon request and ,vlthout cost to the City, loss runs (claims listing) of any and or all insurance coverages shall be furnished to the City. iit. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Consultant. Consultant shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. 8. Indemnification and Release CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY" OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT,INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR A_ cement f_r Pr t' ssi nal Serrnices. Pa,ye 6 revised 4 22 'f;'_ ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL COLLECTIVELY, CONSULTANT'S PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH CONSULTANT AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES' INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTIIER THAN THE CONSULTANT'S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. Consultant assumes full responsibility for its services performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any- person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Consultant's services to be performed hereunder. This release shall apply with respect to Consultant's services regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 9.Subcontractors and Subconsultants Consultant shall receive written approval of the City's Representative prior to the use of any subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and,or subcontractors shall be gl,,en to the City before execution of such contracts. Slrezment for Pnjessi nal Serytces. Page 7 rebised 4 2"'.2Q 1 j 10. Termination of Consultant The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon written notice from the City ;tanager or his designee to Consultant of the City's election to do so. Furthernnore, the City may immediately and without notice terminate this Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: a) failing to pay insurance premiums, liens, claims or other charges; b) failing to pay any payments due the city, state, or federal government from Consultant or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; c) the institution of voluntary or involuntary bankruptcy proceeding against Consultant; d) the dissolution of Consultant; e) refusing or failing to prosecute the Work or any separable part with the diligence that will ensure its completion within the time specified in this Agreement; (f) failing to complete Work within the time period specified in thi; Agreement; and/or g) the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Consultant shall discontinue all services in connection with the perfonnance of the Agreement. Within ten (10) days after receipt of the notice of tennination, Consultant shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Consultant shall also tender to the City's Representative all of Consultant's instruments of service, including all drawings, special provisions, field survey notes, reports, estimates, and any and all other documents or work product generated by Consultant under this Agreement, whether complete or not, in an acceptable form and format together with all unused materials supplied by the City. No final payment will be made until all such instruments of service and materials supplied are so tendered. If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Consultant's services. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement 11. Records Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to review and receive a copy of all documents that indicate work on the Project that is subject to this agreement. 12. Supervision of Consultant Consultant is an independent contractor, and the City neither reserves nor possesses any right to control the details of the Work performed by Consultant under the terms of this Agreement. Agreement fur ProCession1! Sen i,e Pa<,e i revived 4 22 _'(.'i 13. Billing The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such invoices and necessary backup information. All invoices must identify with specificity the work or services performed and the date(s) of such work or services. In the event of a disputed or contested invoice, the parties understand and agree that the City may withhold the portion so contested, but the undisputed portion will be paid. Consultant shall invoice the City for work performed no more than once a month and may not invoice the City for work not performed. Invoices shall be received by the City no later than sixty (60) calendar days from the date Consultant and or its subconsultants perform the services or incur the expense. Failure by Consultant to comply with this requirement shall result in Consultant's invoice being denied and the City being relieved from any liability for payment of the late invoice. The City shall pay Consultant the maximum rate permitted by Chapter 2251 of the Texas Government Code on any past due payment not received within thirty (30) days after the payment due date. In accordance with § 2251.043, in a formal administrative or judicial action to collect an invoice payment or interest due under this chapter, the opposing party, which may be the City or Consultant, shall pay the reasonable attorney fees of the prevailing party. 14. Indebtedness If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware that Consultant has incurred a debt, the City's Director of Finance shall immediately notify Consultant in writing. If Consultant does not pay the debt within thirty (30) days of either such notification, the City's Director of Finance may deduct funds in an amount equal to the debt from any payments owed to Consultant under this Agreement, and Consultant waives any recourse therefor. 15. Verifications If Consultant has ten (10) or more full-time employees and Consultant's total compensation under this Agreement has a value of One-Hundred Thousand Dollars (S 100.000.00) or more. Consultant makes the following verifications in accordance with Chapters 2_'71 and 2274 of the Texas Government Code. a.the Consultant does not boycott Israel and will not boycott Israel during the term of the contract to be entered into with the City of Baytown; b.the Consultant does not boycott energy companies and «ill not boycott energy companies during the term of the contract to be entered into with the City of Baytown, and C.the Consultant does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association 16. Governing Law This Agreement has been made under and shall be governed by the laws of the State of Texas The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. Agreemew for Professional Services_ PaP-9 r stied 4 21 )' 17. Notices Unless otherwise provided in this Agreement, any notice provided for or pennitted to be given must be in writing and delivered in person or by depositing same in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas 77522-0424 For Consultant: Whitley Penn, LLP Attn: Guadalupe Garcia 3737 Buffalo Speedway, Suite 1600 Houston, Texas 77098 Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (l 5) days written notice is given of such new address to the other party. 21. No Third-Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Consultant and the City only. No person or entity not a signatory to this Agreement shall be entitled to rely on Professional's perfonnance of its services hereunder; and no right to assert a claim against Professional by assignment of indemnity rights or other`,kt,e shall accrue to a third party as a result of this Agreement or the performance of Professional's sere ices hereunder. 22. No Right to :arbitration Notwithstanding anything to the contrary contained in this A-Teement, the City and Consultant hereby agree that no claim or dispute between the City and Consultant arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including, %k ithout limitation, any proceeding under the Federal Arbitration Act (9 U.S.0 Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, prodded that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Consultant consent to be joined in the arbitration proceeding if Consultant's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. Amer-rent for Prof,ssiona! Ser-,ices, P3,e l re%ised 4 -1 202i 23. Waiver No waiver by either party to this Agreement of any tern or condition of this Agreement shall be deemed or construed to be a waiver of any other tern or condition or subsequent waiver of the same tern or condition. 24. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Consultant in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either whether written or oral, on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. The City and Consultant accept and agree to these terms. 25. No Assignment Consultant may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager or his designee of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 26. Headings The headings used in this Agreement are for general reference only and do not have special signi ficance. 27. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such detennination shall not affect any other term of this Agreement, which shall continue in full force and effect. 28. Ambiguities In the e,,ent of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 29. Authorit-v The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he she represents. Agreement Cor Professional Ser.ice;. Page l I rep ised 4 2? ')'; IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the _ day of 20—, the date of execution by the City Manager or his designee of the City of Baytown. CITY OF BAYTOWN JASON REYNOLDS, City Manager ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Attorney CONSULTANT: Whitley Penn LLP Signature) c I:. c i.u-,W Printed Name) Ai.idii Pzirtncr Title) Agreement for Professional Services, Page 12 revised 4 22.2025 STATE OF TEXAS COUNTY OF HARRIS Before me on this day personally appeared Guadalupe Garcia in his/her capacity as Partner, on behalf of such Whitley Penn, LLP, known tome; proved to me on the oath of or proved to me through his/her current description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he'she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of '(A 0 l Notary Public in and for the State of Texas P Scott Contracts'Professional Services Template-Non Grant docx agreement for Professional Services, Page 13 revised 4.221 2025 Company Identification Obtain from the City of Baytown Economic Development Corporation a comprehensive list of existing companies with an active Industrial Development Agreement (IDA) or Payment In Lieu of Tax (PILOT) Agreement located within the following areas: Industrial Districts Limited Purpose Annexed Areas Extraterritorial Jurisdiction (ETJ) within Harris and Chambers Counties Invoice Collection Obtain from the City of Baytown all tax year 2024 (fiscal year 2025) invoices prepared for the companies identified above. Agreement & Invoice Review Review the terms and conditions of each company's IDA or PILOT Agreement to determine whether the corresponding invoice for tax year 2024 was prepared and calculated accurately. The review will include verification and recalculation of the following components, as applicable: Base year value Current year inventory value Applicable tax rate Industrial district payment rate Assessed value as of January 1, 2024 Added value industrial district payment rate Identification and summary of real property, personal property, and business inventory accounts associated with each company Assessed Value Reconciliation Compare the assessed values used in the 2024 invoices to those reported by the appropriate appraisal district(s) as of January 1, 2024. Identification of Non-Participant Companies Conduct a public record search to identify companies with valuations of$1,000,000 or more, located in Industrial District 3, the City's limited purpose annexed areas, or the ET1, that do not currently have an active IDA o, PILOT Agreement with the City of Baytown. Confirmation of lease/Sublease Inventory Holders (Logistics) For logistics companies in Industrial District 3 of the ETJ that lease or provide storage space to third parties, prepare and send confirmation letters requesting: 0 The name and address of each individual or entity leasing or using the storage space Confirmation of Situs Inventory Values(Storage) For companies engaged in the storage of personal property in Industrial District 3 of the ET1, prepare and send confirmations requesting: The current year(2024) inventory value of situs inventory stored on site. Reporting& Recommendations Document all findings, identify any discrepancies, and provide recommendations for corrective action or follow-up. o whit Ieypenr' March 25,2025 Mr.Brian Moran Economic Development Manager City of Baytown 2401 Market Street Baytown,Texas 77520 This letter sets forth our understanding for applying agreed-upon procedures to economic development, payment in lieu of tax,and industrial district agreements for the City of Baytown in the City's Industrial Districts,Extraterritorial Jurisdiction and Limited Purposed Annexed areas located in Harris and Chambers County. This engagement is solely for the purpose of reporting our findings in regards to the results of the procedures performed.The procedures we will perform have been agreed to by the City.Our report is intended for use of the City and is expected to be restricted to the use of this specified parry. Prior to the completion of the engagement,you agree to provide us with written agreement and acknowledgment that the procedures performed are appropriate for the intended purpose of the engagement as noted above. We will apply the following procedures: 1. Company Identification a. Obtain from the City of Baytown Economic Development Corporation a comprehensive list of existing companies with an active Industrial Development Agreement(IDA)or Payment In Lieu of Tax(PILOT)Agreement located within the following areas: i. Industrial Districts ii. Limited Purpose Annexed Areas iii. Extraterritorial Jurisdiction(ETJ)within Harris and Chambers Counties 2. Invoice Collection a. Obtain from the City of Baytown all tax year 2024 (fiscal year 2025) invoices prepared for the companies identified above. 3. Agreement&Invoice Review a. Review the terms and conditions of each company's IDA or PILOT Agreement to determine whether the corresponding invoice for tax year 2024 was prepared and calculated accurately.The review will include verification and recalculation of the following components,as applicable: i. Base year value ii. Current year inventory value iii. Applicable tax rate iv. Industrial district payment rate v. Assessed value as of January 1,2024 vi. Added value industrial district payment rate vii. Identification and summary of real property, personal property, and business inventory accounts associated with each company 4. Assessed Value Reconciliation a. Compare the assessed values used in the 2024 invoices to those reported by the appropriate appraisal district(s)as of January 1,2024. OHLBAND ACOCOUNT NGSNETWORK April 23, 2025 City of Baytown,Texas Page 2 S. Identification of Non-Participant Companies a. Conduct a public record search to identify companies with valuations of $1,000,000 or more, located in Industrial District 3, the City's limited purpose annexed areas, or the ETJ, that do not currently have an active IDA or PILOT Agreement with the City of Baytown. 6. Confirmation of Lease/Sublease Inventory Holders(Logistics) a. For logistics companies in Industrial District 3 of the ETJ that lease or provide storage space to third parties, prepare and send confirmation letters requesting: i. The name and address of each individual or entity leasing or using the storage space. 7. Confirmation of Situs Inventory Values(Storage) a. For companies engaged in the storage of personal property in Industrial District 3 of the ETJ, prepare and send confirmations requesting: i. The current year(2024)inventory value of situs inventory stored on site. S. Reporting&Recommendations a. Document all findings, identify any discrepancies, and provide recommendations for corrective action or follow-up. The sufficiency of these procedures is solely the responsibility of the City.Consequently,we make no representation as to the sufficiency of these procedures for the purposes of the City or for any other purpose. This engagement to apply agreed-upon procedures will be performed in accordance with standards established by the American Institute of Certified Public Accountants. We are responsible to for carrying out the procedures and reporting findings in accordance with these standards.The sufficiency of the procedures is solely the responsibility of the City.Consequently,we make no representations regarding the sufficiency of the procedures described above either for the purpose for which this report has been requested or for any other purpose. If,for any reason,we are unable to complete the procedures,we will describe any restrictions on the performance of the procedures in our report,or we will not issue a report as a result of this engagement. The procedures to be performed do not constitute an examination or review of the subject matter.Accordingly,we will not express an opinion or conclusion on the subject matter. If we did perform additional procedures, other matters might come to our attention that would be reported to you. As part of our engagement, we will request from management written confirmation concerning representations made to us in connection with the agreed upon procedures.You agree to provide such confirmation. Reporting Our report will list the procedures performed and our findings.Our report will be addressed to the City's Economic Development Manager and will be intended for use by and restricted to the use of the City.Our report will contain such restricted-use language. Should we have any reservations with respect to the subject matter,we will discuss them with you before the report is issued. We have no responsibility to update our report for events and circumstances occurring after the date of our report. Provisions of Engagement Administration and Fees Guadalupe R. Garcia, CPA is the engagement partner for the services specified in this letter. His responsibilities include supervising Whitley Penn LLP's services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the report. April 23, 2025 City of Baytown,Texas Page 3 Our fees are based on the amount of time required at various levels of responsibility.We estimate that our fee for the engagement will be $82,500. We will notify you immediately of any circumstances we encounter that could significantly affect this initial fee estimate. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation and payment is due in Tarrant County.You agree to pay reasonable attorney fees and collection costs incurred relating to collection of fees for services performed under the terms of this engagement. In accordance with Whitley Penn, LLP policy,work may be suspended if your account becomes 30 days or more past due and will not resume until your account is paid in full.In addition,invoices not paid in full by the last day of the month will be assessed the maximum rate permitted by Chapter 22S1 of the Texas Government Code. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been complete even if we have not issued our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termination.Our final report will be released upon final payment of any outstanding invoices. In the unlikely event that differences concerning our services or fees should arise that are not resolved by mutual agreement, to facilitate judicial resolution and save time and expense of both parties, the City and Whitley Penn, LLP agree not to demand a trial by jury in any action, proceeding, or counterclaim arising out of or relating to our services and fees for this engagement. Any controversy, dispute, or questions arising out of or in connection with this agreement or our engagement shall be determined by informal negotiation or mediation. This engagement letter shall be governed by the laws of the State of Texas,without regard to its conflicts of law provisions.Mandatory and exclusive venue shall be in the courts of Harris County,Texas. Any action arising out of this agreement, or the services provided shall be initiated within two years of the service provided. Other Matters During the course of the engagement,we may communicate with you or with your personnel via fax or e-mail, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications. In the course of our services,our firm may transmit confidential information that you provided us to third parties in order to facilitate our services. As applicable, we require confidentiality agreements with all our service providers to maintain the confidentiality of your information and additionally the firm will take reasonable precautions to determine that our service providers have the appropriate procedures in place to prevent the unauthorized release of confidential information to others. We will remain ultimately responsible for the work provided by any third- party service providers used under this agreement. By your signature below, you consent to having confidential information transmitted to entities outside the firm in accordance with the provisions of this engagement letter. Please feel free to inquire if you would like additional information regarding the transmission of confidential information to entities outside the firm. Professional standards prohibit us from being the sole host and/or the sole storage for your financial and non- financial data. As such, it is your responsibility to maintain your original data and records and we cannot be responsible to maintain such original information.By signing this engagement letter,you affirm that you have all the data and records required to make your books and records complete. We agree to retain our attest documentation or work papers for a period of seven years from the date of our report. April 23, 2025 City of Baytown,Texas Page 4 Please sign and return the attached copy of this letter to indicate your acknowledgment of,and agreement with,the arrangements for our engagement including our respective responsibilities. If you have any questions, please let us know. We appreciate the opportunity to be of service to you and look forward to working with you and your staff. Respectfully, WA; c-P ssssssss srs+rs+ss sssssss++++ssss s srss+ssrrs+++rs++ssss RESPONSE: This letter correctly sets forth our understanding. Acknowledged and agreed on behalf of City of Baytown,Texas by: Name: Title: Date: I I costs attributable to OWNER's evaluation of and determi- ARTICLE 14—PAYMENTS TO CONTRACTOR AND nation to accept such defective Work(such costs to be approved COMPLETION I by ENGINEER as to reasonableness and to include but not he limited to fees and charges of engineers, architects.attor- neys and other professionals). If any such acceptance occurs Schedule of Values: I prior to ENGINEER's recommendation of final payment, a 14.1. The schedule of values established as provided in Change Order will be issued incorporating the necessary revi- paragraph 2.9 will serve as the basis for progress payments stuns in the Contract Documents with respect to the Work; and will be incorporated into a form of Application for Pay- and OWNER shall be entitled to an appropriate decrease in ment acceptable to ENGINEER. Progress payments on I the Contract Price. and, if the parties are unable to agree as account of Unit Price Work will be based on the number of to the amount thereof. OWNER may make a claim therefor units completed. as provided in Article 11. If the acceptance occurs after such I recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. Application for Progress Payment: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- I OWNER May Correct Defective Work: cation for Payment filled out and signed by CONTRACTOR 13.14. If CONTRACTOR fails within a reasonable time covering the Work completed as of the date of the Application after written notice of ENGINEER to proceed to correct and and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested Ito correct defective Work or to remove and replace rejected I on the basis of materials and equipment not m is re incorporated in Work as required by ENGINEER in accordance with par-a- the Wurk but delivered and suitably stored at the site or at graph 13.1 I, or if CONTRACTOR fails to perform the Work another location agreed to in writing, the Application for I in accordance with the Contract Documents, or if CON- TRACTOR fails to comply with any other provision of the or other documentation warranting that OWNER has received Contract Documents. OWNER may, after seven days' writ- Payment shall also he accompanied by a bill of sale, invoice the materials and equipment free and clear of all liens,charges, ten notice to CONTRACTOR, correct and remedy any such security interests and encumbrances (which are hereinafter I deficiency. In exercising the rights and remedies under this in these General Conditions referred to as "Liens") and paragraph OWNER shall proceed expeditiously.To the extent evidence that the materials and equipment are covered by necessary to complete corrective and remedial action.OWNER appropriate property insurance and other arrangements to may exclude CONTRACTOR from all or part of the site,take protect OWNER's interest therein, all of which will be sat- I possession of all or part of the Work, and suspend CON isfactory to OWNER. The amount of retainage with respect TRACTOR'S services related thereto, take possession of to progress payments will be as stipulated in the Agreement. CONTRACTOR's tools,appliances,construction equipment I and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER CONTRACTOR's Warranty of Title: has paid CONTRACTOR but which are stored elsewhere.14.3. CONTRACTOR warrants and guarantees that title CONTRACTOR shall allow OWNER, OWNER's represen to all Work, materials and equipment covered by any Appli tatives,agents and employees such access to the site as may cation for Payment, whether incorporated in the Project or be necessary to enable OWNER to exercise the rights and not, will pass to OWNER no later than the time of payment remedies under this paragraph. All direct, indirect and con free and clear of all Liens. sequential costs of OWNER in exercising such rights and I remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER,and a Change Review of Applications for Progress Payment: Order will be issued incorporating the necessary revisions in 14.4. ENGINEER will, within ten days after receipt of I the Contract Documents with respect to the Work; and each Application for Payment, either indicate in writing a OWNER shall be entitled to an appropriate decrease in the recommendation of payment and present the Application to Contract Price. and, if the parties are unable to agree as to OWNER, or return the Application to CONTRACTOR indi- the amount thereof, OWNER may make a claim therefor as caring in writing ENGINEER's reasons for refusing to rec- I provided in Article 11. Such direct, indirect and consequen-payment. In the latter case, CONTRACTOR may tial costs will include but not be limited to fees and charges make the necessary corrections and resubmit the Applica- of engineers, architects, attorneys and other professionals, tion. Ten days after presentation of the Application for Pay-1 all court and arbitration costs and all costs of repair and ment with ENGINEER'S recommendation, the amount rec replacement of work of others destroyed or damaged by ommended will(subject to the provisions of the last sentence correction, removal or replacement of CONTRACTOR's of paragraph 14.7)become due and when due will be paid by defective Work. CONTRACTOR shall not be allowed an OWNER to CONTRACTOR. I extension of the Contract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER 14.5. ENGINEER's recommendation of any payment of OWNER's rights and remedies hereunder. requested in an Application for Payment will constitute a I GC-20 I Irepresentation by ENGINEER to OWNER,based on ENGI- OWNER to a set-off against the amount recommended. but NEER's on-site ohservations of the Work in progress as an OWNER must give CONTRACTOR immediate written notice I experienced and qualified design professional and on ENGI- (with a copy to ENGINEER) stating the reasons for such NEER's review of the Application for Payment and the action. accompanying data and schedules that the Work has pro- gressed to the point indicated: that, to the best of ENGI- NEER's knowledge, information and belief, the quality of Substantial Completion: the Work is in accordance with the Contract Documents 14.8. When CONTRACTOR considers the entire Work subject to an evaluation of the Work as a functioning whole ready for its intended use CONTRACTOR shall notify prior to or upon Substantial Completion, to the results of any OWNER and ENGINEER in writing that the entire Work is I subsequent tests called for in the Contract Documents, to a substantially complete(except for items specifically listed by final determination of quantities and classifications for Unit CONTRACTOR as incomplete) and request that ENGI- Price Work under paragraph 9.10. and to any other qualifi- NEER issue a certificate of Substantial Completion. Within cations stated in the recommendation):and that CONTRAC- a reasonable time thereafter,OWNER.CONTRACTOR and I TOR is entitled to payment of the amount recommended. ENGINEER shall make an inspection of the Work to deter- However,by recommending any such payment ENGINEER mine the status of completion. If ENGINEER does not con- will not thereby be deemed to have represented that exhaus- sider the Work substantially complete.ENGINEER will notify I rive or continuous on-site inspections have been made to CONTRACTOR in writing giving the reasons therefor. If check the quality or the quantity of the Work beyond the ENGINEER considers the Work substantially complete. responsibilities specifically assigned to ENGINEER in the ENGINEER will prepare and deliver to OWNER a tentative Contract Documents or that there may not be other matters certificate of Substantial Completion which shall fix the date I or issues between the parties that might entitle CONTRAC- of Substantial Completion. There shall be attached to the TOR to he paid additionally by OWNER or OWNER to certificate a tentative list of items to be completed or cor- withhold payment to CONTRACTOR. rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make I 14.6. ENGINEER's recommendation of final payment written objection to ENGINEER as to any provisions of the will constitute an additional representation by ENGINEER certificate or attached list. lf, after considering such objec- to OWNER that the conditions precedent to CONTRAC- lions. ENGINEER concludes that the Work is not substan- TOR's being entitled to final payment as set forth in paragraph tially complete. ENGINEER will within fourteen days after 14.13 have been fulfilled. submission of the tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If. 14.7. ENGINEER may refuse to recommend the whole after consideration of OWNER's objections, ENGINEER I or any part of any pa}ment if, in ENGINEER's opinion. it considers the Work substantially complete.ENGINEER will would he incorrect to make such representations to OWNER. within said fourteen days execute and deliver to OWNER ENGINEER may also refuse to recommend any such pa}- and CONTRACTOR a definitive certificate of Substantial ment. or. because of subsequently discovered evidence or Completion (with a revised tentative list of items to be corn- the results of subsequent inspections or tests,nullify any such pleted or corrected)reflecting such changes from the tentative payment previously recommended, to such extent as may be certificate as ENGINEER believes justified after consider- necessary in ENGINEER's opinion to protect OWNER from anon of any objections from OWNER.At the time of delivery loss because: of the tentative certificate of Substantial Completion ENGI- N EER will deliver to OWNER and CONTRACTOR a written 14.7.1. the Work is defective, or completed Work has recommendation as to division of responsibilities pending been damaged requiring correction or replacement, final payment between OWNER and CONTRACTOR with I 14.7.2. the Contract Price has been reduced by Writ- respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and ten Amendment or Change Order, CONTRACTOR agree otherwise in writing and so inform . ENGINEER prior to ENGINEER's issuing the definitive • I 14.7.3. OWNER has been required to correct defec- tive certificate of Substantial Completion. ENGINEER's afore- said recommendation will be binding on OWNER and CON- 13.14. or TRACTOR until final payment. I 14.7.4. of ENGINEER's actual knowledge of the 14.9. OWNER shall have the right to exclude CON- occurrence of any of the events enumerated in paragraphs TRACTOR from the Work after the date of Substantial Corn- 15.2.1 through 15.2.9 inclusive. pletion,but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. IOWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- Partial Utilization: I formance or furnishing of the Work or Liens have been filed 14.10. Use by OWNER of any finished part of the Work, in connection with the Work or there are other items entitling which has specifically been identified in the Contract Docu- GC- 21 I Intents. or which OWNER. ENGINEER and CONTRA(- 14.10.3. No occupancy or separate operation of part TOR agree constitutes a separately functioning and useable of the Work will he accomplished prior to compliance with I part of the Work that can he used by OWNER without sig- nificant the requirements of paragraph 5.15 in respect of property interference with CONTRACTOR's performance of insurance. the remainder of the Work. may he accomplished prior to Substantial Completion of all the Work subject to the follow- ing: Final Inspection: 14.1 I. Upon written notice from CONTRACTOR that the 14.10.I. OWNER at any time may request CON- entire Work or an agreed portion thereof is complete. ENGI- TRACTOR in writing to permit OWNER to use any such NEER will make a final inspection with OWNER and CON- part of the Work which OWNER believes to he ready for TRACTOR and will notify CONTRACTOR in writing of all its intended use and substantially complete. If CON- particulars in which this inspection reveals that the Work is TRACTOR agrees.CONTRACTOR will certify to OWNER incomplete or defrctive. CONTRACTOR shall immediately and ENGINEER that said part of the Work is substantially take such measures as are necessary to remedy such defi- complete and request ENGINEER to issue a certificate of ciencies. Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- Final Application for Payment: tially complete and request ENGINEER to issue a certif- 14.12. After CONTRACTOR has completed all such cor- icate of Substantial Completion for that part of the Work. rections to the satisfaction of ENGINEER and delivered all I Within a reasonable time afterejther such request,OWN ER. maintenance and operating instructions, schedules, guaran- CONTRACTOR and ENGINEER shall make an inspec tees. Bonds, certificates of inspection, marked-up record ion of that part of the Work to determine its status of documents (as provided in paragraph 6.19) and other docu- completion. If ENGINEER does not consider that part of ments—all as required by the Contract Documents,and after I the Work to he substantially complete. ENGINEER will ENGINEER has indicated that the Work is acceptable(sub- jectOWNERandCONTRACTORORinsruinggivingtheject to the provisions of paragraph 14.16). CONTRACTOR reasons therefor. It ENGINEER considers that part of the may make application for final payment following the pro- Work to he substantially complete.the provisions of para- graphs 14.E and !4.y v ill argil; v.ith respect to certification Pay- ment shall be accompanied by all documentation called for of Substantial Completion of that part of the Work and the in the Contract Documents,together with complete and legally division of responsibility in respect thereof and access effective releases or waivers(satisfactory to OWNER)of all I thereto. Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR 14.10.2. OWNER may at any time request CON- may furnish receipts or releases in full: an affidavit of CON- TRACTOR in writing to permit OWNER to take over TRACTOR that the releases and receipts include all labor. I operation of any such part ut the Work although it is not substantially complete. A copy of such request will he services, material and equipment for which a Lien could be filed.and that all payrolls. material and equipment bills, and sent to ENGINEER and within a reasonable time there- other indebtedness connected with the Work for which after OWNER. CONTRACTOR and ENGINEER shall OWNER or OWN ER's property might in any way be respon- make an inspection of that part of the Work to determine Bible, have been paid or otherwise satisfied: and consent of its status of completion and will prepare a list of the items the surety. if any. to final payment. If any Subcontractor or remaining to he completed or corrected thereon before Supplier fails to furnish a release or receipt in full. CON- I final payment. If CONTRACTOR does not object in writ TRACTOR may furnish a Bond or other collateral satisfac- torytoOWNERandENGINEERthatsuchpartofthetory to OWNER to indemnify OWNER against any Lien. Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to he completed I or corrected and will deliver such list to OWNER and Final Payment and Acceptance: CONTRACTOR together with a W.ritten recommendation 14.13. If. on the basis of ENGINEER's observation of as to the division of responsibilities pending final payment the Work during construction and final inspection, and between OWNER and CONTRACTOR with respect to ENGINEER's review of the final Application for Payment I security. operation. safety. maintenance. utilities. insur- and accompanying documentation—all as required by the ance.warranties and guarantees for that part of the Work Contract Documents. ENGINEER is satisfied that the Work which will become binding upon OWN ER and CON- has been completed and CONTRACTOR's other obligations I TRACTOR at the time when OWNER takes over such under the Contract Documents have been fulfilled. ENGI- operation(unless they shall hate otherwise agreed in writ- NEER will, within ten days after receipt of the final Appli- ingand so informed ENGINEER). During such operation cation for Payment. indicate in writing ENGINEER's rec- and prior to Substantial Completion of such part of the ommendation of payment and present the Application to I Work. OWNER shall allow CON'Fl.\( TOR reasonable OWNER for payment. Thereupon ENGINEER will give access to complete or correct items on said list and to written notice to OWNER and CONTRACTOR that the Work complete other related Work. is acceptable subject to the provisions of paragraph 14.16. GC-22 1 Otherwise. ENGINEER will return the Application to CON- CONTRACTOR's continuing obligations under the Con- TRACTOR, indicating in writing the reasons for refusing to tract Documents; and I recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- 14.16.2. a waiver of all claims by CONTRACTOR cation. Thirty days after presentation to OWNER of the against OWNER other than those previously made in writ- Application and accompanying documentation, in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER ARTICLE 15—SUSPENSION OF WORK AND I to CONTRACTOR. TERMINATION 14.14. If. through no fault of CONTRACTOR. final corn- ENGI-pletion of the Work is significantly delayed and if NEER so confirms. OWNER shall, upon receipt of CON-15.1. OWNER may, at any time and without cause, sus- TRACTOR's final Application for Payment and recommen pend the Work or any portion thereof for a period of not more dation of ENGINEER. and without terminating the Agree- than ninety days by notice in writing to CONTRACTOR and 1 ment. make payment of the balance due for that portion of ENGINEER which will fix the date on which Work will be the Work fully completed and accepted. If the remaining resumed.CONTRACTOR shall resume the Work on the date balance to he held by OWNER for Work not fully completed so fixed. CONTRACTOR shall be allowed an increase in the or corrected is less than the retainage stipulated in the Agree- Contract Price or an extension of the Contract Time,or both, I men(. and if Bonds h:.ve been furnished as required in para- directly attributable to any suspension if CONTRACTOR graph 5.1. the written consent of the surety to the payment makes an approved claim therefor as provided in Articles I1 of the balance due for that portion of the Work fully com- and 12. pleted and accepted shall he submitted by CONTRACTOR I to ENGINEER with the Application for such payment. Such pa ment shall he made under the terms and conditions goy- Owner May Terminate: erninc final payment. except that it shall not constitute a 15.2. Upon the occurrence of any one or more of the I warier of claims. following events: 15.2.1. if CONTRACTOR commences a voluntary case Contractor's Continuing Obligation: under any chapter of the Bankruptcy Code(Title 11. United I 14.15. CONTRACTOR's obligation to perform and com States Code), as now or hereafter in effect. or if CON- plete the Work in accordance with the Contract Documents TRACTOR takes any equivalent or similar action by filing shall he absolute. Neither recommendation of any progress a petition or otherwise under any other federal or state or final payment by ENGINEER. nor the issuance of a cer- law in effect at such time relating to the bankruptcy or I tificate of Substantial Completion. nor any payment by insolvency: OWN ER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by 15.2.2. if a petition is filed against CONTRACTOR OWNER. nor any act of acceptance by OWNER nor any under any chapter of the Bankruptcy Code as now or failure to do so. nor any review and approval of a Shop hereafter in effect at the time of filing, or if a petition is Drawing or sample submission, nor the issuance of a notice filed seeking any such equivalent or similar relief against of acceptability by ENGINEER pursuant to paragraph 14.13. CONTRACTOR under any other federal or state law in I nor any correction of defective Work by OWNER will con- effect at the time relating to bankruptcy or insolvency: stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- 15.2.3. ifCONTRACTORmakesageneralassignment gation to perform the Work in accordance with the Contract for the benefit of creditors: I Documents (except as provided in paragraph 14.16). 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under Waiver of Claims: contract, whose appointment or authority to take charge I 14.16. The making and acceptance of final payment will.of property of CONTRACTOR is for the purpose of constitute: enforcing a Lien against such property or for the purpose 1 of general administration of such property for the benefit I 14.16.1. a waiver of all claims by OWN ER against of CONTRACTOR's creditors: CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspec- 15.2.5. if CONTRACTOR admits in writing an inabil- tion pursuant to paragraph 14.11 or from failure to comply ity to pay its debts generally as they become due: I with the Contract Documents or the terms of any special guarantees specified therein: however. it will not consti- 15.2.6. if CONTRACTOR persistently fails to perform tute a waiver by OWNER of any rights in respcct of the Work in accordance with the Contract Documents I GC- 23 I I including, but not limited to. failure to supply sufficient 15.3. Where CONTRACTOR's services have been so skilled workers or suitable materials or equipment or - terminated by OWNER, the termination will not affect any failure to adhere to the progress schedule established under rights or remedies of OWNER against CONTRACTOR then paragraph 2.9 as revised from time to time); existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will 15.2.7. if CONTRACTOR disregards Laws or Regu- not release CONTRACTOR from liability. I lations of any public body having jurisdiction; 15.4. Upon seven days' written notice to CONTRAC- 15.2.8. if CONTRACTOR disregards the authority of TOR and ENGINEER. OWNER may. without cause and ENGINEER;or without prejudice to any other right or remedy,elect to aban- don the Work and terminate the Agreement. In such case. 15.2.9. if CONTRACTOR otherwise violates in any CONTRACTOR shall be paid for all Work executed and any substantial way any provisions of the Contract Docu- expense sustained plus reasonable termination expenses,which I ments; will include, but not be limited to, direct. indirect and con- sequential costs(including,but not limited to. fees and charges OWNER may, after giving CONTRACTOR(and the surety, of engineers, architects, attorneys and other professionals if there be one) seven days' written notice and to the extent and court and arbitration costs). I permitted by Laws and Regulations. terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's Contractor.May Stop Work or Terminate: tools, appliances, construction equipment and machinery at 15.5. If. through no act or fault of CONTRACTOR, the I the site and use the same to the full extent they could be used Work is suspended for a period of more than ninety days by by CONTRACTOR(without liability to CONTRACTOR for OWNER or under an order of court or other public authority. trespass or conversion),incorporate in the Work all materials or ENGINEER fails to act on any Application for Payment I and equipment stored at the site or for which OWNER has within thirty days after it is submitted, or OWNER fails for paid CONTRACTOR but which are stored elsewhere, and thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may. upon seven case CONTRACTOR shall not he entitled to receive any days' written notice to OWNER and ENGINEER. terminate I further payment until the Work is finished. If the unpaid the Agreement and recover from OWNER payment for all balance of the Contract Price exceeds the direct, indirect and Work executed and any expense sustained plus reasonable consequential costs of completing the Work (including but termination expenses. In addition and in lieu of terminating not limited to fees and charges of engineers,architects.attar- the Agreement. if ENGINEER has failed to act on an Appli- I neys and other professionals and court and arbitration costs) cation for Payment or OWNER has failed to make any pay- such excess will be paid to CONTRACTOR. If such costs ment as aforesaid, CONTRACTOR may upon seven days' exceed such unpaid balance. CONTRACTOR shall pay the written notice to OWNER and ENGINEER stop the Work difference to OWNER. Such costs incurred by OWNER will until payment of all amounts then due. The provisions of this I he approved as to reasonableness by ENGINEER and incur paragraph shall not relieve CONTRACTOR of the obligations porated in a Change Order, but when exercising any rights under paragraph 6.29 to carry on the Work in accordance or remedies under this paragraph OWNER shall not be required with the progress schedule and without delay during disputes I to obtain the lowest price for the Work performed. and disagreements with OWNER. I I I I I I GC- 24 I IARTICLE I6--ARBITRATION American Arbitration Association,and a copy will he sent to ENGINEER for information.The demand for arbitration will I 16.I. All claims, disputes and other matters in question be made within the thirty-day or ten-day period specified in between OWNER and CONTRACTOR arising out of, or paragraph 16.2 as applicable, and in all other cases within a relating to the Contract Documents or the breach thereof reasonable time after the claim, dispute or other matter in except for claims which have been waived by the making or question has arisen, and in no event shall any such demand I acceptance of final payment as provided by paragraph 14.16) be made after the date when institution of legal or equitable will be decided by arbitration in accordance with the Con- proceedings based on such claim, dispute or other matter in struction Industry Arbitration Rules of the American Arbi-question would be barred by the applicable statute of limi- tration Association then obtaining subject to the limitations of this Article 16. This agreement so to arbitrate and any cations. other agreement or consent to arbitrate entered into in accor-16.4. No arbitration arising out of or relating to the Con- dance herewith as provided•in this Article 16 will be specifi- tract Documents shall include by consolidation,joinder or in I cally enforceable under the prevailing law of any court having jurisdiction. any other manner any other person or entity (including ENGINEER, ENGINEER's agents, employees or consul- tants)who is not a party to this contract unless: I 16.2. No demand for arbitration of any claim,dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will 16.4.1. the inclusion of such other person or entity isnecessaryifcompletereliefistobeaffordedamongthose be made until the earlier of(a)the date on which ENGINEER who are already parties to the arbitration. I has rendered a decision or(b) the tenth day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that 16.4.2. such other person or entity is substantially date. No demand for arbitration of any such claim, dispute involved in a question of law or fact which is common to I or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision those who are already parties to the arbitration and which will arise in such proceedings.and in respect thereof in accordance with paragraph 9.1 I:and the failure to demand arbitration within said thirty days' period 16.4.3. the written consent of the other person or entity I shall result in ENGINEER'S decision being final and binding sought to be included and of OWNER and CONTRAC- upon OWNER and CONTRACTOR. If ENGINEER renders TOR has been obtained for such inclusion. which consent a decision after arbitration proceedings have been initiated. shall make specific reference to this paragraph: but no I such decision may be entered as evidence but will not supersede such consent shall constitute consent to arbitration orally the arbitration proceedings, except where the decision is dispute not specifically described in such consent or to acceptable to the parties concerned. No demand for arbitra- arbitration with any party not specifically identified in such Lion of any written decision of ENGINEER rendered in consent. I accordance with paragraph 9.10 will he made later than ten days after the party making such demand has delivered writ- ten notice of intention to appeal as provided in paragraph 16.5. The award rendered by the arbitrators will he final. 9.10. judgment may be entered upon it in any court having juris- diction thereof, and will not be subject to modification or 16.3. Notice of the demand for arbitration will be filed in appeal except to the extent permitted by Sections 10 and I I writing with the other party to the Agreement and with the of the Federal Arbitration Act(9 U.S.C. §§10,1l). I I I I I GC- 25 I IARTICLE 17—MISCELLANEOUS sion or act of the other party or of any of the other party's empioyees or agents or of hers for whose acts the other party I Giving Notice: is legally liable, claim will be made in writing to the other 17.1. Whenever any provision of the Contract Docu- party within a reasonable time of the first observance of such ments requires the giving of written notice, it will be deemed injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the pro- I to have been validly given if delivered in person to the inch- vidual or to a member of the firm or to an officer of the visions of any applicable statute of limitations or repose. corporation for whom it is intended,or if delivered at or sent by registered or certified mail, postage prepaid, to the last 17.4. The duties and obligations imposed by these Gen- business address known to-the giver of the notice. eral Conditions and the rights and remedies available here- under to the parties hereto, and, in particular hut without Computation of Time: limitation, the warranties, guarantees and obligations imposed 17.2.1. When any period of time is referred to in the upon CONTRACTOR by paragraphs 6.30, 13.1. 13.12. 13.14, I Contract Documents by days.it will be computed to exclude 14.3 and 15.2 and all of the rights and remedies available to the first and include the last day of such period. If the last OWNER and ENGINEER thereunder. arc in addition to. day of any such period falls on a Saturday or Sunday or and are not to be construed in any way as a limitation of.an\ on a day made a legal holiday by the law of the applicable rights and remedies available to any or all of them which are I jurisdiction, such day will be omitted from the computa- tion. otherwise imposed or available by Laws or Regulations, h special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph 17.2.2. A calendar day of twenty-four hours measured will be as effective as if repeated specifically in the Contract I from midnight to the next midnight shall constitute a day. Documents in connection with each particular duty. obliga- tion, right and remedy to which they apply. All representa- General: tions, warranties and guarantees made in the Contract Doc- I 17.3. Should OWNER or CONTRACTOR suffer injury uments will survive final payment and termination or com- pletiondamagetopersonorpropertybecauseofanyerror. omis- pletion of the Agreement. I I I I I I I I GC- 26 I IINDEX TO VIII I SUPPLEMENTARY CONDITIONS OF AGREEMENT IPARAGRAPH TITLE PAGE SC I1. General -1 2 . Engineer 1 I3 . Location of Project 1 4 . Time Allotted for Completion 1 I5. Permits and Right-Of-Way 1 I6. Construction in Public Streets 1 7. Maintenance of Storm Sewer and 2 Utility Crossings and Existing IRoadways 8 . Reference Specifications 2 I9. Public Utilities and Other Property 3 to be Changed 10. Temporary Construction 3 l Project Maintenance 3 Ill.12 . Borings 3 I 13 . Property Lines and Monuments 3 14 . Existing Structures 3 I15. Use of Explosives 4 16. Barricades, Lights and Watchmen 4 I17. Fences, Drainage Channels, and 5 Crop Damage I18. Disposal of Waste and Surplus 5 Excavation I19. Water for Construction 5 20. Lights and Power 5 I I 21. Wage Rate 5 22 . Guarantee Against Defective Work 5 I 23 . Coordination with Others 6 I 24 . Cleanup 6 25. Existing Utilities and Service Lines 6 I26. Testing, Inspection and Control 6 27 . Increased or Decreased Quantities 6 Iof Work 28 . Poles, Signs, Guy Wires, etc. 7 II29 . Salvaged Materials 7 30. Protection of Improvements 7 I 31. Protection of Trees 7 I 32 . Protection and Adjustment of 7 Existing Water Valve Boxes I 33 . Adjustment of Tops of Existing 8 Sanitary Sewer Manholes 34 . Protection Against Accident to 8 IEmployees and the Public 35. Lines and Grades 8 I36. Affidavit of Payment 8 I 37. Workmen's Compensation, Public 8 Liability Property Damage Insurance 38 . Interruption of Utility Services 9 I39. Losses from Natural Causes 9 I40. Shop Drawings 9 41. Maintenance and Instruction Manuals 10 I42 . Project Schedule 10 43 . Scope of Work 10 I44 . List of Drawings 11 I 45. Working Day Defined 12 46. Sanitary and Safety Facilities 12 47 . Subcontractor Values 12 48 . Project Representative Services 12 49 . Warranty Period 13 50 . Liability Insurance 13 1 1 1 1 VIII SUPPLEMENTARY CONDITIONS OF AGREEMENT 1. GENERAL: The provisions of this section of the specifications shall govern in the event of any conflict between them and the "General Conditions of Agreement" . 2 . ENGINEER: The word "Engineer" in these specifications shall be understood as referring to Wayne Smith & Associates, Inc. , Houston, Texas ENGINEER of the OWNER, or such other ENGINEER, or persons as may be authorized by said OWNER to act in any particular position. 3 . LOCATION OF PROJECT: This project is located within The City of Baytown, Harris County, Texas. A Map showing the general location of this project is included in the Plans. 4 . TIME ALLOTTED FOR COMPLETION: The time allotted for the completion of all items of work shall be consecutive working days, which time shall begin on the tenth (10th) day after the issuance of the Work Order. The Work Order shall consist of a written request by the Engineer for the Contractor to proceed with the construction of the project. 5. PERMITS AND RIGHT-OF-WAY: The Owner will provide right- of-way for the purpose of construction without cost to the Contractor by securing permits in areas of public dedication or by obtaining easements across privately owned property. It shall be the responsibility of the Contractor, prior to the initiation of construction on easements through private property, to inform the property owner of his intent to begin construction. Before beginning construction in areas of public dedication, the Contractor shall inform the agency having jurisdiction in the area forty-eight (48) hours prior to initiation of the work. All permits required for construction shall be obtained by the contractor from the local governmental entity having jurisdiction. 6. CONSTRUCTION IN PUBLIC STREETS AND PRIVATE DRIVES: No public road shall be entirely closed overnight. It shall be the responsibility of the Contractor to build and maintain all weather bypasses and detours, if necessary, and to properly light, barricade, and mark all by-passes and detours that might be required on and across the streets involved in the work included in this contract. The residents shall be contacted forty-eight (48) hours prior to the time the construction will be started at their drive-ins or entrances and informed as to the length of time driveways SC-1 will be closed. The Contractor shall make every effort to complete construction and allow immediate access to adjacent property at all driveway entrances located along the streets. Owners or tenants of improvements where access and/or entrance drives are located shall be notified at least eight (8) hours prior to the time the construction will be started at their drive-ins or entrances and informed as to the length time driveways will be closed. During wet weather the Contractor shall construct temporary gravel or shell crossings and wooden walkways to allow ingress and egress across excavated areas at no expense to the Owner and as directed by the Engineer. The Contractor shall be responsible for all streets and entrance reconstruction and repairs and maintenance of same for a period of one year from the date of such reconstruction. In the event the repairs and maintenance are not made immediately to the satisfaction of the Engineer, and it becomes necessary for the Owner to make such repairs, the Contractor shall reimburse the Owner for the cost of such repairs. The Contractor shall , at all times, keep a sufficient width of the roadway clear of dirt and other material to allow the free flow of traffic. The Contractor shall assume any and all responsibility for damage, personal or otherwise, that may be caused by the construction along public streets or private drives. 7 . MAINTENANCE OF STORM SEWER AND UTILITY CROSSINGS AND EXISTING ROADWAYS : The Contractor shall maintain storm sewers, utilities and drainage facilities along the construction route at all time during construction at no expense to the Owner. Storm sewers and utilities crossing existing roadways shall be backfilled in accordance with the provisions of these specifications to an elevation six inches below the elevation of the existing roadway. A six-inch thick compacted limestone base shall be constructed to the elevation of the existing pavement within the limits of the pavement removal at no cost to the Owner. The existing roadway shall be maintained throughout the construction. Pot holes appearing in the existing pavement which in the opinion of the Engineer are a hazard to the general public shall be filled and maintained as directed by the Engineer. 8 . REFERENCE SPECIFICATIONS : Where reference is made in these specifications to specifications compiled by other agencies, organizations or departments, such reference is SC-2 made for expediency and standardization from the material suppliers' point of view, and such specifications referred to are hereby made a part of these specifications. 9 . PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED: In case it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this Contract. 10. TEMPORARY CONSTRUCTION: No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without written consent of the Engineer. 11 . PROJECT MAINTENANCE: The Contractor shall maintain and keep t in good repair all work contemplated under these plans, specifications and drawings which shall include the maintenance and repair of all existing streets, storm sewer crossings, utility crossings, temporary crossings for access to adjacent property, wooden walkways, barricades, lights, and danger signals and all work which is necessary for the well-being of the general public. In the event the Contractor fails in his obligation to properly maintain the work, the Owner shall make such repairs as are necessary and the cost of such repairs shall be deducted from payment due the Contractor. 12 . BORINGS : Wherever certain test borings are made on the site, the locations of such test borings and the information revealed by them is indicated on the plans and profiles for the project. These borings shall not be construed as a warranty on the part of the owner of the exact nature of the subsurface conditions that will be encountered during the construction of the work. The information thus furnished is intended only as a guide to the Contractor in making his own investigations preliminary to submitting a bid for the work. 13 . PROPERTY LINES AND MONUMENTS : The Contractor shall protect all property corner markers and when any such markers or monuments are in danger of being disturbed, they shall be properly referenced and if disturbed, shall be reset at the expense of the Contractor. 14 . EXISTING STRUCTURES : The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the plans, or to show them in their exact locations. It is mutually agreed that such failure SC-3 shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate substantial changes in the lines or grades, or requires the building of special work, provisions for which are not made in the plans and proposal , in which case the provisions in these specifications for extra work shall apply. 15 . USE OF EXPLOSIVES : Use of explosives will be allowed only upon written instructions of the Engineer. Should explosives be used, the Owner shall not be held liable for i damages done by the Contractor and the Contractor should notify any public service corporation, company or individual not less than eight (8) hours in advance of the use of explosives. Storage places shall be marked "DANGEROUS EXPLOSIVES" . 16. BARRICADES , LIGHTS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley or public place, the Contractor shall at his own cost and expense furnish and erect such barricades, fences, battery type flasher-markers, and danger signals, shall provide such watchmen, and shall provide such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one battery type flasher-marker at each barricade and sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work and the public. 1 The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, lights, and watchmen to protect it, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at his cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen shall not cease until the project has been accepted by the Owner. During the prosecution of the work, the Contractor shall obstruct public travel as little as possible and in no case shall there be less than twelve (12) feet in width of unobstructed roadway for the use of traffic. Materials and equipment stored in or near the path of traffic shall be protected with red flags during the day and with lights during the night. SC-4 I 1 17 . FENCES, DRAINAGE CHANNELS, AND CROP DAMAGE: Boundary fences or other improvements removed to permit the installation of the work shall be replaced in the same location and left in a condition as good or better than that in which they were found. Where surface drainage channels are disturbed or blocked during construction, final restoration to their original condition of grade and cross section shall be accomplished after the work of construction is completed. Interim reshaping and cleanup shall occur immediately after trench backfilling. The Contractor shall not be held liable for unavoidable damage of crops provided such damage occurs within the construction easement provided by the Owner. 18 . DISPOSAL OF WASTE AND SURPLUS EXCAVATION: All trees, stumps, slashings, brush, or other debris removed from the sites as a preliminary to the construction work shall be removed from the property and disposed of in a manner approved by the Engineer. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner except in locations where, in the judgment of the Engineer, it can be neatly spread over and along the sites to form the finished contours. 19 . WATER FOR CONSTRUCTION: Water used for jetting or flooding trenches, sprinkling, testing, and flushing of pipe lines, or any other purpose incidental to this project, will be furnished by the CONTRACTOR. The CONTRACTOR shall make the necessary arrangements for securing and transporting such water and shall take such water in a manner and at such times that will not produce a harmful drain or decrease of pressure in the Owner's water system. Water shall not be used in a wasteful manner. 20 . LIGHTS AND POWER: The Contractor shall provide, at his own expense, electrical power, temporary lighting and facilities required for the proper prosecution and inspection of the work. 1 21. WAGE RATE: All employees of the CONTRACTOR on the work to be performed under this contract shall be paid the prevailing wage scale in this locality for work of a similar character in accordance with the prevailing local laws. 22 . GUARANTEE AGAINST DEFECTIVE WORK: The CONTRACTOR shall indemnify the OWNER against any repairs which may be come necessary to any part of the work performed under the SC-5 1 contract arising from defective workmanship or materials used therein, for a period of one (1) year from the date of final acceptance of the entire project. 23 . COORDINATION WITH OTHERS : In the event other contractors are doing work in the same area simultaneously with this project, the CONTRACTOR shall coordinate his proposed construction with that of the other contractors. 24 . CLEANUP: Cleanup shall follow the execution of the work. At the conclusion of the work, all tools, temporary structures and materials belonging to the CONTRACTOR shall be promptly removed and all dirt, rubbish and other foreign substances shall be disposed of. The CONTRACTOR shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment undamaged in a bright, clean polished and new appearing condition. During construction of the work, the Contractor shall , at all times keep the site of the work and adjacent premises as free from material, debris, and rubbish, as is practicable and shall remove same from any portion of the site, if, in the opinion of the Engineer, such material, debris, or rubbish constitutes a nuisance or is objectionable. The Contractor shall remove from the site all of his surplus materials and temporary structures when no further need therefore develops. 25 . EXISTING UTILITIES AND SERVICE LINES : The CONTRACTOR shall be responsible for the protection of all existing utilities or service lines crossed or exposed by his construction operations. Where existing utilities or service lines are cut, broken, or damaged, the CONTRACTOR shall replace or repair the utilities or service lines with the same type of original material and construction, or better, at his own cost and expense, with the exception of those items included in the bid schedule. 26 . TESTING INSPECTION, AND CONTROL: Testing and control of concrete and other materials used in the work shall be done by an approved local commercial laboratory employed and paid directly by the Owner or Engineer. 27 . INCREASED OR DECREASED QUANTITIES OF WORK: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found necessary, and the Contractor shall perform the work as altered, increased or decreased, at the contract unit prices. Such increased or decreased quantity SC-6 shall be made in accordance with the General Conditions of Agreement. No allowance will be made for any change in anticipated profits nor shall such changes be considered as waiving or invalidating any condition or provisions of the contract and bond. 28 . POLES , SIGNS , GUY WIRES , ETC. : All utility poles and guy wires, private sign posts, signs and guy wires, and similar private obstructions which interfere with the construction of this project will be removed and replaced, or moved to new permanent locations by the owners thereof, at the Contractor's expense. The removal and replacement of City street sign post, and signs is the responsibility of the Contractor. The Contractor shall be responsible for all damage to street sign posts and signs within the limits of his operations that remain in place or are removed and replaced. In event street sign posts, and signs are injured or destroyed by the Contractor's operations, they shall be replaced by the Contractor. No separate compensation will be paid for this work, but the costs thereof shall be included in such contract pay items as are provided. 29 . SALVAGED MATERIALS: All materials removed during the construction of the project, and designated on the plans, or by the Engineer, as salvaged materials, shall be removed, cleaned and stored as directed by the Engineer. Salvaged materials shall be the property of the Owner. 30 . PROTECTION OF IMPROVEMENTS : The Contractor shall be entirely responsible for the protection of all improvements that are not designated by the Engineer to be removed for proper construction of the project; this shall include sidewalks, buildings walls, existing inlets and manholes, underground utilities, shrubs, trees, signs, sod, and pavement. 31. PROTECTION OF TREES: No trees shall be removed or cut except upon the specific authority of the Engineer. Trees adjacent to the work shall be protected from all damage by the construction operations. t 32 . PROTECTION AND ADJUSTMENT OF EXISTING WATER VALVE BOXES: Water valve locations will be furnished by the owner prior to grading operations. Protection of existing water valve boxes located within the limits of the work shall subsequently be the responsibility of the Contractor. Failure to show water valve box locations on the plans does not relieve the Contractor of the responsibility to prevent damage to the valves and boxes. The Contractor shall adjust all water valve boxes which require adjustment to the new SC-7 1 pavement grade. 33 . ADJUSTMENT OF TOPS OF EXISTING SANITARY SEWER MANHOLES: Tops of existing sanitary sewer manholes will be adjusted where necessary to match grade of new pavement. Adjustment will be made by breaking back the top portion of the manhole and rebuilding to conform to the new grade. 34 . PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC: The CONTRACTOR and his Sureties shall indemnify and save harmless the OWNER and ENGINEER, and all their officers, agents, and employees from all suits, actions, and claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of CONTRACTOR, his agents or employees, in the execution of said contract; or on account of the failure of the CONTRACTOR to provide necessary barricades, warning lights or signs; and will be required to pay any judgment, with costs, which may be obtained against the OWNER and/or ENGINEER growing out of such injury or damage. 35. LINES AND GRADES: The ENGINEER will furnish survey control to enable the CONTRACTOR to set construction stakes for the work. The furnishing of the control does not relieve the CONTRACTOR of the responsibility of insuring that the work is constructed to the lines and grades shown on the plans. The Contractor shall be responsible for construction staking. Any field conditions that appear to be in conflict with the drawings, shall be submitted to the Engineer in writing and adequate time allowed the Engineer to resolve the conflict. No compensation for surveying will be made without prior written approval from the Owner and the Engineer. 36. AFFIDAVIT OF PAYMENT: Each request for payment must be accompanied by an Affidavit of Payment duly signed and attested (if Corporation) stating that all cost of labor, material, equipment, taxes, etc. , pertinent to this project, have been paid and are current. 37 . WORKMEN'S COMPENSATION, PUBLIC LIABILITY PROPERTY DAMAGE INSURANCE: Each and every Contractor performing work at the site of the Project shall not commence work until he has obtained all the Insurance required under this paragraph nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained. Each and every contractor and subcontractor shall take out and maintain during the life of his contract adequate workmen's compensation insurance as shall protect him and any SC-8 1 1 subcontractor's performing any work covered by the contract from any claims for damages for personal injury, including wrongful death, as well as from claims for property damages which may arise from operations under the contract, or in any way connected therewith. The minimum amounts of such insurance shall be as follows: Workmen's Compensation: Comply in amounts with all applicable Texas Statutes . Public Liability: $300, 000 . 00 for injuries to one person. $500, 000 . 00 for one accident. Property Damage: $300 , 000. 00 Automobile Property Damage: $300, 000. 00 Automobile Public Liability: $300, 000. 00 for injury to one person. $500, 000 . 00 per one accident. NOTE: Automobile insurance shall cover all automobiles and trucks owned by the Contractor. Proper certificates of insurance shall be filed with the Engineer prior to the execution of the Contract. 38 . INTERRUPTION OF UTILITY SERVICES : Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service as approved. 39 . LOSSES FROM NATURAL CAUSES : Unless otherwise specified, all loss 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 in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 40. SHOP DRAWINGS : Six copies of shop drawings shall be submitted for approval a minimum of two weeks prior to the anticipated construction of the item. The submittal data shall be accompanied by written certification that the Contractor has reviewed and recommends the submitted data are consistent with the plans and specifications. Required shop drawing submittals include but are not limited to all mechanical equipment and material , electrical equipment and SC-9 material, building materials, fabricated metal and piping, controls and coatings . Color chips shall be submitted with coating submittal for selection of color coating. Operation and Maintenance manuals for all items of equipment or materials shall be submitted prior to the project being 500 complete . 41 . MAINTENANCE AND INSTRUCTION MANUALS : Furnish three (3) bound sets of Maintenance and Instruction Manuals . Bind manuals in volumes of not more than 4 inches thick, in hard back 9 inch by 12 inch binders . Include like equipment in one volume with heavy duty dividers, separating equipment . Catalog and index volumes . Operation and Maintenance Manuals or Bulletins shall include necessary data for reordering replacement parts, lubrication schedules, and procedures for required maintenance . These items shall be included but not limited to: exhaust fans, air conditioning units, louvers, generator sets, pumps, motors, variable speed drives, mechanical drives, electrical switch gear and controls, electrical fixtures, valves, instrumentation, chlorinators, meters, gauges, and miscellaneous mechanical and electrical components supplied under this contract . 42 . PROJECT SCHEDULE : Prior to construction, the Contractor shall submit a project schedule indicating number of crews, items to be constructed and the time schedule anticipated for each item. 43 . SCOPE OF WORK: A. Under this Contract, the Contractor shall furnish all materials, appliances, tools, equipment, transportation, services, and all labor and superintendence necessary for construction of the work as described in these Specifications and as shown on the Plans . The completed installation shall not lack any part which can be reasonably implied as necessary to its proper functioning nor any subsidiary item which is customarily furnished, and the Contractor shall deliver the completed and operating installation to the Owner. B. Work in general under this Contract includes, but is not limited to, the following: Entrance Works, treatment module, digester, digester blower building, belt press, office/lab, piping, electrical, controls, instrumentation, paving, site work and all appurtenances required for a complete and operating installation. SC-10 44. LIST OF DRAWINGS: Drawing No. Title 1 Cover Sheet 2 . Location Maps & Notes 3 . Process Flow Sheet 4 . Hydraulic Profile 5. Site Plan 6. Grading & Drainage - Site Plan 7 . Grading & Paving - Site Plan 8 . Yard Piping (1) 9. Yard Piping (2) 10. Entrance Works - Mechanical - Plan at Elevation 10. 00- 11. Entrance Works Mechanical Plan at Elevation 23 . 00 12 . Entrance Works - Mechanical - Sections (1 of 2) 13 . Entrance Works - Mechanical - Sections (2 of 2) 14 . Treatment Unit Aeration - Mechanical - Plan & Details 15. Clarifier & Chlorine Contact - Mechanical - Plan & Details 16. Clarifier & Chlorine Contact - Mechanical - Sections & Details (1) 17 . Clarifier & Chlorine Contact - Mechanical - Sections & Details (2) 18 . Digester - Mechanical - Plan & Details 19 . Digester - Mechanical - Sir System Details 20. Existing Blower Modifications - Mechanical - Plan & Details 21. Sludge Pumping Station No. 1 - Mechanical - Plan, Sections & Details 22 . Sludge Pumping Station No. 2 - Mechanical - Plan & Detail 23 . Chlorine System Modifications - Mechanical - Plan & Details 24 . Belt Press Building - Mechanical - Plan & Details 25. Office & Laboratory - Mechanical - Plan & Details 26. Entrance Works - Structural - Plan at Elevation 10. 00 27 . Entrance Works - Structural - Plan at Elevation 23 . 00 28 . Entrance Works - Structural - Sections & Details 1 of 2) 29 . Entrance Works - Structural - Sections & Details 2 of 2) 30. Treatment Unit - Structural - Plans, Sections & Details 1 of 4) 31. Treatment Unit - Structural - Plans, Sections & Details 2 of 4) 32 . Treatment Unit - Structural - Plans, Sections & Details 3 of 4) 33 . Treatment Unit - Structural - Plans, Sections & Details 4 of 4) 34 . Digester - Structural - Plans, Sections & Details SC-11 1 35. digester Blower Building - Structural - Plans, Sections Details 35a. Digester Blower Building - Structural - Building Details 36. Electrical Distribution Building - Structural - Plans, Sections & Details 37. Office & Laboratory - Structural - Plans, Sections & Details (1 of 2) 38 . Office & Laboratory - Structural - plans, Sections & Details (2 of 2) 39 . Structural - Standard Details (1 of 4) 40. Structural - Standard Details (2 of 4) 41. Structural - Standard Details (3 of 4) 42 . Structural - Standard Details (4 of 4) 43 . Electrical - Site Plan 44 . Electrical - One-Line Diagram 45. Existing Blower Building Modifications - Electrical - Plan & Conductor Schedule 46. Electrical Distribution Building - Electrical - Plan & Details 47 . Entrance Works - electrical - Plan & Details 48 . Clarifier & Chlorine Contact - electrical - Plan & Details 49 . digester - Electrical - Lighting & Power Plan 50. Belt Press Building - Electrical - Plan & Details 51. Office & Laboratory - Electrical - Plan & Details 52 . Electrical - Details 53 . Electrical - Symbols & Abbreviations 45. This project is a working day contract. The time of completion shall be measured by working days. A working day shall be any day Monday through Friday in which the working site is suitable for construction for four hours of the day from 8 : 00 a.m. to 5: 00 p.m. Upon request by the Contractor, extensions of time may be issued by the Engineer and Owner if in their opinion work is prohibited through no fault of the Contractor. 46. The Contractor shall be responsible for all sanitary and safety facilities necessary for the Project, including rest rooms, drinking facilities, wash areas, hardhats, trench shoring, etc. 47 . The Contractor shall not employ subcontractors whose aggregate value of work to be performed exceeds fifty percent (50%) of the total amount bid. 48 . Project representative services will be the responsibility of the Engineer and these services shall be in accordance with the Engineering Services Contract between the Owner and the Engineer. Project representative duties shall include preparation of daily reports, determination that the project is proceeding in the general compliance with the Contract Documents, measurement of material quantities, and reporting to the Engineer any work that SC-12 should be stopped when it appears that the completed project may not comply with the requirements of the Contract Documents. The Project Representative shall be the liaison between the Contractor and the Engineer. The Project Representative responsibilities begin after the contract is awarded and terminate after the final inspection. 49 . WARRANTY PERIOD - This is the period of time which encompasses the corrective actions by the Contractor for defective work, as stipulated in Article 13 , Paragraph 13 . 12 of the General Conditions, or as set forth in Paragraph 22 of the Supplementary Conditions . 50. LIABILITY INSURANCE - Contractor's insurance as set forth in Article 5, Paragraph 5 . 3 of the General Conditions, and in Paragraph 37 of the Supplemental Conditions of the Agreement, I shall remain in full force until the date on which the Owner formally accepts the project. SC-13 x GEOTECHNICAL INVESTIGATION 1 1 1 1 1 REPORT GEOTECHNICAL INVESTIGATION PROPOSED 1.5 MILLION GALLONS PER DAY EXPANSION EAST DISTRICT SEWAGE TREATMENT PLANT BAYTOWN. TEXAS PREPARED FOR: City of Baytown Department of Public Works 1200 Lee Drive Baytown. Texas 77520 Wayne Smith and Associates, Inc. 11811 East Freeway. Suite 580 Houston. Texas 77029 WSA Job No. 024013 PREPARED BY: HTS, Inc. 416 Pickering Street Houston. Texas 77091-3312 HTS Project No. 92-S-149 July 31. 1992 1 HT.S,Lxc. COnS uI((]nlSJ IITABLE OF CONTENTS Page No. I EXECUTIVE SUMMARY i 1.0 INTRODUCTION AND SUMMARY 1 1.1 Introduction 1 1 1.2 Description of Existing Conditions and Proposed Facilities 2 1.2.1 Existing Conditions 2 1.2.2 Proposed Facilities 2 1.3 Summary of Findings 4 I 1.3.1 Subsurface Soil Stratigraphy 4 1.3.2 Ground Water 6 1.3.3 Shrink/Swell Potential 6 I 1.4 Summary of Recommendations 7 1.4.1 Site Preparation 7 1.4.1.1 Site Preparation - Treatment Module 7 I 1.4.1.2 Site Preparation - Digester 8 1.4.1.3 Site Preparation Entrance Works 9 1.4.1.4 Site Preparation - Office Building 10 1.4.2 Recommended Foundation Types and Allowable Loadings 11 II 1.4.2.1 Foundation Design - Treatment Module 11 1.4.2.2 Foundation Design Digester 12 1.4.2.3 Foundation Design - Entrance Works 13 II 1.4.2.4 Foundation Design - Office Building 14 1.4.3 Influence of Proposed Facilities on Existing Structures 16 1.4.4 Recommendations for Accommodating Shrink/Swell Potential of I Subsurface Soils 16 1.4.5 Earth Pressure Design Parameters for Design of Below Ground Structures 16 1.4.6 Earth Pressure Design Parameters for Design of Temporary II Shoring and Bracing for Excavations 17 1.4.7 Excavation Dewatering Requirements 18 1.4.8 Requirements for Backfilling Excavations 18 I2.0 FIELD INVESTIGATION 18 2.1 Site Surface Conditions 18 2.2 Subsurface Investigation 19 II3.0 LABORATORY TESTING 20 I 4.0 SUBSURFACE CONDITIONS 20 4.1 Subsoils 20 4.2 Ground Water 21 II5.0 ENGINEERING ANALYSES 21 5.1 Potential Vertical Rise Analyses 21 5.2 Bearing Capacity and Settlement Analyses 22 I 5.2.1 Bearing Capacity and Settlement Analyses - Slab and 22 Strip/Spread Footing Foundations 5.2.2 Bearing Capacity and Settlement Analyses - Drilled Piers 23 I5.3 Earth Pressure Design Parameter Analyses 23 6.0 CONSTRUCTION CONSIDERATIONS 24 I 6.1 Foundation Construction 24 6.2 Backfill Around Structures 25 6.3 Surface Drainage 25 II7.0 CLOSING REMARKS 25 1 HTS, isc. COrtsullOnlSJ TABLE OF CONTENTS (Continued) TABLES Table 1 Laboratory Test Summary Table 2 Summary of Foundation Design Recommendations, Treatment Module. Digester, Entrance Works and Office Building Table 3 Summary of Soil Properties Used for Engineering Analyses FIGURES Figure 1 Vicinity Map I Figure 2 Boring Locations Figure 3 Soil Profile - Section A-A Figure 4 Soil Profile - Section B-B I Figure 5 Soil Profile - Section C-C Figure 6 Unconsolidated Undrained Triaxial Test Results (Boring No. 1. 33' -35' : Boring No. 6. 18' -20' ) Figure 7 Unconsolidated Undrained Triaxial Test Results (Boring No. 3, 18' -20' : I Boring No. 3, 48' -50' ) Unconsolidated Undrained Triaxial Test Results (Boring No. 4, 23' -25' ) Figure 9 Unconsolidated Undrained Triaxial Test Results (Boring No. 6. 28' -30" : I Boring No. 9, 23' -25' ) Figure 10 Unconsolidated Undrained Triaxial Test Results (Boring No. 7. 13. -15' : Boring No. 9, 28' -30" ) Figure 11 Consolidation Test Results (Boring No. 1, 33' -35' ) APPENDIX I Appendix A Boring Logs - Boring Nos. 1 through 10 I 1 I 1 Cbnsullams IEXECUTIVE SUMMARY REPORT I GEOTECHNICAL INVESTIGATION PROPOSED 1.5 MILLION GALLONS PER DAY EXPANSION EAST DISTRICT SEWAGE TREATMENT PLANT IBAYTOWN, TEXAS This report presents the results of a geotechnical investigation performed at the proposed site of the expansion of the existing City of Baytown East District Sewage ITreatment Plant (EDSTP) . The existing EDSTP site is located about 1.000 feet south- east of the intersection of State Highway 146 and Ferry Road in Baytown. Texas. I The proposed expansion facilities are described below. The proposed expansion facilities dimensions/elevations provided below are approximate only and are based upon preliminary design drawings. The facility preliminary designs addressed in Ithis report are subject to revision based upon final design considerations. s Treatment Module A 60 foot to 120 foot wide. 130 foot to 220 foot long, 18 foot high reinforced I concrete Treatment Module is to be constructed at the northwest side of the exist- ing site. The elevation of the existing ground surface at the proposed Treatment Module site varies between about elevation +6 feet MSL and elevation +10 feet MSL. I An existing asphalt paved parking area exists at the northwest side of the pro- posed Treatment Module site. The Treatment Module will be constructed immediately adjacent to the west side of an existing Clarifier/Aerator. The Treatment Module is to be founded on a slab foundation bearing at about elevation -1 foot MSL I i .e. , sidewall top elevation of about +17 feet MSL) . Construction of the Treat- ment Module slab foundation at elevation -1 foot MSL will require the excavation of seven to 11 feet of existing overburden soil . The embedment depth of the I Treatment Module slab will be about nine feet below the existing average site grade elevation of approximately +8 feet MSL. I Digester A 55 foot wide. 75 foot long. 18 foot high reinforced concrete Digester is to be constructed at the east central side of the proposed EDSTP expansion site. The proposed Digester site is located in an open area with low maintained grass. The I surface elevation of the existing site ground surface at the proposed Digester site is about elevation +7 feet MSL. The Digester is to be founded on a slab foundation bearing at about elevation -4 feet MSL (i .e. . sidewall top elevation of I about +14 feet MSL) , with about 11 feet of embedment below the existing site grade elevation of +7 feet MSL. I a Entrance Works A 20 to 48 foot wide. 20 foot to 60 foot long. 12 to 21 foot high reinforced concrete Entrance Works is to be constructed at the southwestern portion of the proposed EDSTP expansion site. The Entrance Works is to consist of an Entrance I Works Basin and two Entrance Works Grit Chambers. The Entrance Works is to be constructed in an open area with low maintained grass. The existing ground sur- face elevation at the proposed Entrance Works site is about elevation +8 feet MSL. IThe Entrance Works Basin is to be about 12 feet high and founded on a combination of slab and strip/spread footing foundations . The Entrance Works Basin slab foundation is to bear at about elevation +8 feet MSL with about two feet of embed- ment' below the final site grade elevation of about +10 feet MSL. The Entrance Works Basin footing foundations are to bear near elevation +2 feet MSL with about eight feet of embedment below the final site grade elevation of about +10 feet 1 I i HTS, Exc. Consulmnns_, EXECUTIVE SUMMARY (Continued) MSL. Construction of the Entrance Works Basin slab will require the removal of existing fill to a depth of about seven feet (near elevation +1 foot MSL) and the placement/compaction of select fill to about elevation +8 feet MSL. Construction of the Entrance Works Basin footings will require the removal of existing fill material down to natural in situ soil at a depth of about seven feet (near eleva- tion +1 foot MSL) and the placement/compaction of select fill to about elevation 2 feet MSL. The Grit Chambers are to be about 21 feet high and founded on footing foundations which are to bear near elevation -1 foot MSL with about 11 feet of embedment below the final site grade elevation of approximately +10 feet MSL. Construction of the Entrance Works Grit Chambers will require the removal of about nine feet of exist- ing overburden soil . Office Building A 35 foot wide. 55 foot long, single story Office Building is to be constructed at the southwest side of the proposed EDSTP expansion site. The ground surface elevation at the proposed Office Building site lies near elevation +8 feet MSL. A three to four foot deep ditch is located at a portion of the proposed Office Building site. The Office Building site is located at an area where refuse/fill has been placed. The Office Building is to consist of a steel frame structure with a floor elevation near the final site grade elevation of about +10 feet MSL. The primary findings, conclusions and recommendations of this investigation are sum- marized below. Subsurface Soil and Ground Water Conditions The site subsurface soils generally consist of: Fill consisting of stiff to hard fat clay, lean clay with sand and sandy lean clay and loose to very dense silty sand, clayey sand and silt with sand between the ground surface and a depth of about ten feet, very soft to hard fat clay and fat clay with sand between depths of about ten feet and 53 feet. stiff to very stiff sandy fat clay between depths of about 53 feet and 58 feet, and medium dense to very dense poorly graded sand with silt and silty sand between depths of about 58 feet and the maximum boring depth of 70 feet, The surficial fill layer described above contains gravel , shells, brick fragments, concrete fragments, rubber tires, glass fragments. asphalt pieces, lumber, plastic bags. tin cans, electrical wiring, plastic sheeting, paper and textiles. The surficial site soils have a very high shrink/swell potential . The maximum potential vertical rise of the upper eight feet of the site soils is about four inches under a 1.0 psi restraining load. Ground water was not encountered during drilling to a depth of about 40 feet below the existing ground surface. Excavation Dewaterinq The static ground water table should be lowered to a depth of at least five feet below the working surface during construction. It is expected that sumps and sump pumps should be effective in removing ground water entering site excavations which are 40 feet or less in depth. LHTS, 1st:. Cansu/ranlsJ EXECUTIVE SUMMARY (Continued) Site Preparation - Treatment Module Area It is recommended that the subgrade soils within the area of the proposed Treat- ment Module slab foundation be prepared by: removing the existing pavement and chain link fence from the proposed Treatment Module area and stripping vegetation and organic top soil to a depth of at least six inches. establishing site drainage and installing storm water drainage structures if required, excavating the site soils as necessary to obtain the desired slab foundation grade elevation of about -1 foot MSL for the Treatment Module and removing the site fill (site fill at the Treatment Module may extend to an elevation of -4 feet MSL at some locations) . providing temporary shoring and bracing in accordance with design requirements for Type C soil as defined by OSHA. establishing drainage ditches and sumps around the perimeter of the bottom of the Treatment Module excavation and using sump pumps to remove water entering the excavation. proofrolling the exposed in situ soils with a 15 ton roller, observing the soils during proofrolling to detect any wet, soft or pumping soils and treating wet. soft or pumping soils with suitable drying or stabilizing agents or removing the unsuitable soils and placing/compacting suitable earth fill or select fill . compacting the exposed in situ soils to an in-place dry density equal to at least 95 percent of the maximum standard dry density (ASTM D 698) at a moisture content within ± 2 percent of the optimum moisture content. placing/compacting select fill as necessary to achieve the final slab foundation grade, and constructing a four inch thick concrete mud mat over the slab foundation sub- grade soil in order to serve as a working surface during slab foundation con- struction and to protect the subgrade soils from drying/disturbance. Care should be taken to assure that the excavation for the proposed Treatment Module is not carried to significant depths below the existing adjacent Clarifier/Aerator foundation unless adequate bracing/underpinning is provided. If the exposed clay becomes unstable ("pumps" or "weaves") during site prepara- tion, the construction contractor should be prepared to: dry the exposed clays by discing these materials and compact these soils as described above. dry the exposed clays by blending a stabilizing agent (hydrated lime) with the unsuitably wet soil and compact these soils as described above, or remove any unsuitably wet clays and replace the wet clays with compacted select fill having an acceptable moisture content. HTS, INC. Con:uuoms_. EXECUTIVE SUMMARY (Continued) Backfill around the Treatment Module walls should consist of suitable earth fill or select fill compacted to an in-place dry density equal to at least 90 percent of the maximum standard dry density (ASTM D 698) at a moisture content within ± 5 percent of the optimum moisture content. Suitable earth fill should consist of on-site clays and sands which are free from debris. Select fill should consist of a clayey sand or inactive lean clay with a maximum liquid limit of 35 percent and a plasticity index range of eight to 20 percent. Suitable earth fill and select fill should be placed in eight inch thick loose lifts and compacted to an in-place dry density equal to at least 95 percent of the maximum standard dry density (ASTM D 698) at a moisture content within ± 2 percent of the optimum moisture content. Site Preparation - Digester It is recommended that the subgrade soils within the area of the proposed Digester foundation slab be prepared as described above for the proposed Treatment Module. Site Preparation - Entrance Works It is recommended that the subgrade soils within the area of the Entrance Works slab and footing foundations be prepared as described above for the Treatment Module with the exceptions that: the overburden soils should be excavated to depths of about seven feet in order to provide for the removal of an approximately six to seven foot thick fill layer, and the overburden soils should be excavated as necessary to achieve the desired foundation slab grade elevation (Entrance Works Basin slab foundation elevation of about +8 feet MSL, strip/spread footing foundation base elevation of about +2 feet MSL and Entrance Works Grit Chambers footing foundation base elevation of about -1 foot MSL) . Site Preparation - Office Building The shrink/swell potential of -the site surfi ci al active clays may be mitigated by the use of site preparation techniques as described below, or alternatively, a structural floor slab (suspended floor slab) may be used. Mitigation of the shrink/swell potential of the active clays by using site preparation techniques will require the placement/compaction of inactive select fill to a minimum 4.5 foot thickness at the floor slab areas of the proposed Office Building. If the designer chooses to mitigate the high shrink/swell potential of the site soils by excavation/fill placement. it is recommended that site preparation be performed by: removing the chain link fence and removing the site fill at the proposed Office Building site (the site fill at the proposed Office Building site is expected to extend to a depth of about ten feet) . excavating the overburden soils to depths as necessary to achieve final grade. proofrolling the exposed in situ soils with a 15 ton roller, observing the soils during proofrolling to detect any wet, soft or pumping soils and treating wet. soft or pumping soils with suitable drying or stabilizing agents or removing the unsuitable soils and placing/compacting select fill or suitable earth fill , compacting the exposed in situ soils to an in-place dry density equal to at iv HTS, INC. ronsultants--, EXECUTIVE SUMMARY (Continued) least 95 percent of the maximum standard dry density (ASTM D 698) at a moisture content within ± 2 percent of the optimum moisture content. placing/compacting suitable earth fill or select fill as necessary to an eleva- tion about 4.5 feet below the bottom elevation of the slab-on-grade floor, and placing/compacting imported select fill to a minimum thickness of 4.5 feet below the slab-on-grade floor base elevation. Suitable earth fill or select fill properties and select fill placement/compaction should be as described above for the Treatment Module. Use of the site preparation technique as described above, should limit the maximum PVR of the soils beneath slab-on-grade floors to about one inch. 1 As an alternate, a structural floor slab (suspended floor slab) may be used to mitigate the site soil shrink/swell potential . If a structural floor slab is used, site preparation at the Office Building site should be performed by: removing the upper six inches of site fill material , and establishing site drainage and installing storm drainage structures if required. The surficial clay excavated at the site will not be suitable for use as select fill at the proposed Office Building area. The construction contractor may encounter difficulty in densifying/preparing the surficial clays depending upon weather conditions and should be prepared to ade- quately dry/stabilize any unstable surficial soils as described above for the Treatment Module. Backfill around the building walls should consist of materials placed/compacted as described above for the Treatment Module walls. Foundation Design - Treatment Module The proposed Treatment Module will be constructed immediately adjacent to an existing Clarifier/Aerator. Care should be taken to assure that the excavation for the proposed Treatment Module is not carried to significant depths below the existing Clarifier/Aerator foundation unless adequate bracing/underpinning is provided. The Treatment Module may be supported on a reinforced concrete slab founded at about elevation -1 foot MSL. The slab should be designed using a maxi - mum allowable gross bearing pressure of 1,400 psf for axial compression dead loads plus sustained live loads and 2,100 psf for axial compression dead loads plus sustained and transient live loads. With the above-recommended maximum allowable gross bearing pressures being used for design: the factor of safety against an Treatment Module slab foundation bearing failure is at least 3.0 for axial compression dead loads plus sustained live loads, and at least 2.0 for axial compression dead loads plus sustained and transient live loads. the Treatment Module slab foundation maximum total settlements should be about 1.3 inches at the center point of the slab and 0.5 inches at the corner of the slab, and v HTS, 'sc. Consniranrs_, EXECUTIVE SUMMARY (Continued) the Treatment Module slab foundation maximum angular distortion (differential settlement between two points on the slab divided by the distance between the two points on the slab) should be about 1/1.184 (0.08 percent) . The estimated maximum angular distortion of 1/1.184 (0.08 percent) compares fa- vorably with a suggested maximum angular distortion of 1/200 (0.5 percent) . About 30 percent of the total settlement of the Treatment Module slab foundation is expected to be immediate (elastic) settlement and the remaining 70 percent of the settlement is expected to be long term (consolidation) settlement. It is expected that the long term settlement of the Treatment Module slab foundation will occur over a period of about 14 months with the Treatment Module fully load- ed. The accuracy of the time rate of settlement estimate is approximate only because the number and sequencing of sand/silt partings, seams or layers and the continuity of the partings, seams or layers will significantly influence the time over which long term settlements occur. Treatment Module piping connections should be designed to accommodate the expected Treatment Module settlements . Treatment Module piping hookups should be made I subsequent to the dissipation of the elastic settlement. If the estimated settlements and angular distortions provided above are deemed to be excessive by the designer, the Treatment Module settlements may be reduced by preloading the slab foundation area with a soil preload or by using an alternative foundation system. Foundation Design - Digester The Digester may be supported on a reinforced concrete slab founded at elevation 4 feet MSL (depth of about 11 feet below the existing ground surface) . The foundation slab should be designed using a maximum allowable gross bearing pres- sure of 1.400 psf for axial compression dead loads plus sustained live loads and 2, 100 psf for axial compression dead loads plus sustained and transient live loads. With the above-recommended maximum allowable gross bearing pressures being used for design: the factor of safety against a Digester slab foundation bearing failure is at least 3.0 for axial compression dead loads plus sustained live loads, and at least 2.0 for axial compression dead loads plus sustained and transient live loads, the Digester slab foundation maximum total settlements should be about 0.2 inches at the center point of the slab and 0.1 inches at the corner of the slab. and the Digester slab foundation maximum angular distortion (differential settlement between two points on the slab divided by the distance between the two points on the slab) should be about 1/3.985 (0.03 percent) . The estimated maximum angular distortion of 1/3,985 (0.03 percent) compares fa- vorably with a suggested maximum angular distortion of 1/200 (0.5 percent) . t It is expected that the ratio of the elastic and consolidation settlement of the Digester slab foundation and the rate of settlement of the Digester slab founda- tion will be as described above for the Treatment Module. vi HTS, INC. EXECUTIVE SUMMARY (Continued) Digester piping connections should be designed to accommodate the expected Diges- ter settlements. Digester piping hookups should be made subsequent to the dissipa- tion of the elastic settlement. Foundation Design - Entrance Works The Entrance Works Basin and Grit Chambers may be founded on a combination of reinforced concrete slab and footing foundations as described below. The Entrance Works Basin slab foundation may be founded at elevation +8 feet MSL. The slab foundation should be designed by using a maximum allowable gross bearing pressure of 800 psf for axial compression dead loads plus sustained live loads and 1,200 psf for axial compression dead loads plus sustained and transient live loads. The Entrance Works Basin strip/spread footings may be founded at elevation 2 feet MSL (depth of about eight feet below the final grade surface of approxi - mately elevation +10 feet MSL) . The Entrance Works Basin strip/spread footing foundations should be designed by using a maximum allowable gross bearing pressure of 1.600 psf for axial compression dead loads plus sustained live loads and 2.400 psf for axial compression dead loads plus sustained and transient live loads. The Entrance Works Grit Chambers may be founded on strip/spread footings bearing at elevation -1 foot MSL (depth of about 11 feet below the final grade elevation of +10 feet MSL) . The footings should be designed by using a maximum allowable gross bearing pressure of 1.600 psf for axial compression dead loads plus sus- tained live loads and 2,400 psf for axial compression dead loads plus sustained and transient live loads. With the above-recommended maximum allowable gross bearing pressures being used for design: the factor of safety against an Entrance Works slab and strip/spread footing foundation bearing failure is at least 3.0 for axial compression dead loads plus sustained live loads. the factor of safety against an Entrance Works slab and strip/spread footing foundation bearing failure is at least 2.0 for axial compression dead loads plus sustained and transient live loads. the maximum total settlement of the Entrance Works Basin slab foundation should be about 1.3 inches, the maximum total settlement of the Entrance Works Basin strip/spread footings should be 1.4 inches, 11 the maximum total settlement of the Entrance Works Grit Chamber strip/spread footing foundations should be about 1.6 inches. and the Entrance Works maximum angular distortion (differential settlement between two points on the slab/footing foundations divided by the distance between the two points on the slab/footing foundations) should be 1/510 (0.20 percent) . It is expected that the ratio of elastic and consolidation settlement and the rate of settlement of the Entrance Works slab/footing foundations will be as described above for the Treatment Module. Foundation Design - Office Building Belled drilled piers and grade beams may be used to support the proposed Office vii 4xc. onsultonts EXECUTIVE SUMMARY (Continued) Building columns and walls. Shallow spread footing and continuous footing foundations should not be used for support of the proposed Office Building because of the presence of miscellaneous fill at the site and the high to very high shrink/swell potential of the site surficial clays. The Office Building floor should consist of a slab-on-grade floor with site preparation completed as de- scribed above, or alternatively, a structural floor slab (suspended floor slab) may be used. Foundation recommendations pertaining to the proposed Office Build- ing columns, grade beams and floor are provided below: Columns Columns may be founded on belled drilled piers which bear at a depth of 20 feet below the existing ground surface at the time of this investigation . The drilled piers should be designed for maximum allowable net bearing pressures of 3,000 psf for axial compression dead loads plus sustained live loads and 4.500 psf for axial compression dead loads plus sustained and transient live loads. The center to center spacing of the drilled piers should be equal to a minimum of three times the drilled pier bell diameter. The maximum bell -to-shaft diame- ter ratio for drilled piers should be three. Allowable shaft friction in compression and tension for the portions of the drilled pier shafts below a depth of ten feet beneath the ground surface is 150 psf. The ultimate shaft friction which could be exerted against the drilled pier shafts as a result of swelling soils is 300 psf. Use of the above recommended allowable maximum net foundation bearing pressures provides for: o a factor of safety against a drilled pier bearing failure of at least 3 .0 under axial compression dead loads plus sustained live loads, and at least 2.0 under axial compression dead loads plus sustained and transient live loads, and o drilled pier maximum total settlements of about one inch. Because of the presence of miscellaneous fill to a depth of at least ten feet at the proposed Office Building site, it is likely that it will be necessary to case the drilled pier shaft excavations during drilled pier construction. Drilled piers should be belled in order to provide resistance against pullout forces which may be exerted on the drilled pier shafts by swelling soils . Because of the presence of low strength clays in the upper 15 feet of overbur- den, caving of pier bells may occur during construction. The adverse effects of pier bell caving can be limited by: o the designer using a maximum bell -to-shaft diameter ratio of three, o the designer minimizing pier bell diameters, and o the construction contractor minimizing the time between the completion of bell underreaming and concrete placement. Grade Beams Grade beams should be founded on drilled piers and extend at least 1.5 feet below finished grade. Minimum four inch high carton forms (void boxes) should be provided beneath the grade beams. viii HTS, isc. Consultants EXECUTIVE SUMMARY (Continued) IIGround Level Floor Slab The floor for the proposed Office Building may consist of a slab-on-grade floor II with site preparation performed as described above, or alternatively, a struc- tural floor slab (suspended floor slab) may be used. Cushion sand (leveling sand) should not be placed at areas of the slab-on-grade floor. If a slab-on II grade floor is used, it is suggested that cushion sand (leveling sand) not be placed at areas of the slab-on-grade floor. If cushion sand becomes wet, ero- sion and/or settling of the sand may occur which can result in the formation of voids beneath the floor and associated structural distress. IAs an alternate, a structural floor slab (suspended floor slab) may be used. If a structural floor slab is used, a minimum four inch high void space should IIbe provided beneath the structural floor slab. Earth Pressure Design Parameters for Design of Below Ground Structures I Below ground structures may be designed by using equivalent fluid pressures, earth pressure coefficients and soil strength properties. Below ground structures at the EDSTP expansion site may be designed by using the following values of weight of equivalent fluid in pounds per cubic foot (pcf) , active earth pressure coeffi - II cient (Ka) . passive earth pressure coefficient (Kp) . angle of internal friction in degrees, cohesion in psf and average soil wet unit weight in pcf: II Weight of Weight of Active Passive Angle of Cohe- Wet Equivalent Equivalent Earth Earth Internal sion, Unit Soil Fluid for Fluid for Pressure Pressure Fric-Weight Description Active Passive Coeffi - Coeffi - tion. C (pcf) I Case Case cient cient 0 (de- (psf) pcf) pcf) Ka) Kp) grees) Site fill 128 161 1.0 1.3 0 200 128 I Site in situ clays 93 171 0.53 2.0 18 200 120 ISite sands 80 283 0.28 3.5 34 0 125 The weights of equivalent fluid shown above include hydrostatic forces but Co not I include surcharge forces imposed by construction equipment or vehicular loadings. Surcharge forces must be considered in order to compute maximum stresses for use in the design of below ground structures. IIThe weights of equivalent fluid for the passive case and the passive earth pres- sure coefficients shown above do not include a safety factor. It is recommended that for design purposes, a factor of safety of 2.0 be applied to the weights of II equivalent fluid for the passive case and the passive earth pressure coefficients provided above. With the use of a safety factor of 2.0, the weights of equivalent fluid for the passive case will be 140 pcf for the site fill , 141 pcf for the site I clays and 176 pcf for the site sands, and the passive earth pressure coefficients will be 1.1 for the site fill . 1.4 for the site clays and 1.8 for the site sands. Temporary Shoring and Bracing Requirements for Excavations II It is recommended that excavations with vertical faces be limited to depths of four feet or less. If Title 29, Part 1926. Section 1, Subpart P of the July 31, 1991 Code of Federal Regulations is used for temporary excavation shoring/bracing I design, the overburden soils should be categorized as Type C soil . The definition of Type C soil is provided in Appendix A of the above-referenced July 31, 1991 Code of Federal Regulations. IIix II HTS, ixc. G,n;rlrun'c j IREPORT GEOTECHNICAL INVESTIGATION I PROPOSED 1.5 MILLION GALLONS PER DAY EXPANSION EAST DISTRICT SEWAGE TREATMENT PLANT BAYTOWN. TEXAS I1.0 INTRODUCTION AND SUMMARY 1.1 Introduction IThis report presents the results of a geotechnical investigation performed at the proposed site of the expansion of the existing City of Baytown East District Sewage Treatment Plant (EDSTP) . The existing EDSTP site is located about 1.000 feet south- east of the intersection of State Highway 146 and Ferry Road in Baytown. Texas as shown in Figures 1 and 2. The proposed EDSTP expansion facilities are shown in IFigure 2 and preliminarily consist of: III . a 60 foot to 120 foot wide. 130 foot to 220 foot long, 18 foot high Treatment Module. a 55 foot wide, 75 foot long, 18 foot high Digester. II • a 20 to 48 foot wide, 20 to 60 foot long, 12 to 21 foot high Entrance Works, and a 35 foot wide, 55 foot long, single story Office Building. IIThe purposes of this geotechnical investigation were to: define the subsurface soil and ground water conditions at the proposed EDSTP expansion site. 3 provide geotechnical design parameters and recommendations to be used in the design of the foundations for the proposed expansion facilities, and provide recommendations pertaining to the construction of the foundations for the proposed expansion facilities. 1 This geotechnical investigation was conducted by HTS, Inc. Consultants (HTS) for the City of Baytown and Wayne Smith & Associates, Inc. (WSA) in accordance with a June 27, 1992 HTS proposed work scope/budget/schedule. The scope of work for this project consisted of the following: I the drilling of six. 50 foot deep geotechnical borings (Boring Nos. 1.2, 4, 5. 7 and 8) . the drilling of two. 70 foot deep geotechnical borings (Boring Nos. 3 and 6) . the drilling of two, 40 foot deep geotechnical borings (Boring Nos. 9 and 10) . HTS, INC. Consulfonls 2- performing field tests during drilling and recovering disturbed and relatively undisturbed soil samples. I • measuring ground water level depths in the geotechnical borings. visually classifying samples obtained and conducting laboratory tests to determine the physical and mechanical properties of the soils. analyzing the field and laboratory test data, Io performing bearing capacity and settlement analyses pertaining to foundations for the proposed structures. I • performing engineering analyses to define earth pressure design parameters for use in the design of below ground structures and excavation shoring/bracing. Ia providing recommendations concerning dewatering requirements for on-site excava- tions. I • developing conclusions and recommendations concerning the design and construction of foundations for the proposed structures, and a submitting five copies of a report which presents the results/recommendations of the investigation. 1.2 Description of Existing Conditions and Proposed Facilities 1.2.1 Existing Conditions The existing EDSTP site facilities are shown in Figure 2 and consist primarily of a treatment unit, a digester, a blower building, a lift station, two sludge drying beds, one story buildings, access drives and associated facilities. The ground surface elevation at the proposed expansion site predominantly lies between about elevations +5 feet Mean Sea Level (MSL) and +10 feet MSL. The land surface at the proposed expansion site is covered with low maintained grasses. An existing chain link fence is located at the proposed Treatment Module and Office Building sites. A ditch varying in depth from about three feet to four feet (flow line elevation of about +4 feet MSL to +5 feet MSL) is locat- ed at the proposed Office Building site. 1.2.2 Proposed Facilities The proposed expansion facilities are shown in Figure 2 and are de- scribed below. The proposed expansion facilities dimensions/elevations provided below are approximate only and are based upon preliminary design drawings. The facility preliminary designs addressed in this report are subject to revision based upon final design considerations. Treatment Module A 60 foot to 120 foot wide. 130 foot to 220 foot long, 18 foot high reinforced concrete Treatment Module is to be constructed at the northwest side of the existing site. The elevation of the existing ground surface at the proposed Treatment Module site varies between about elevation +6 feet MSL and elevation +10 feet MSL. An existing asphalt paved parking area exists at the northwest side of the pro- posed Treatment Module site as shown in Figure 2 . The Treatment Module will be constructed immediately adjacent to the west side of HTS, INC. ronsultams 3- II the existing Clarifier/Aerator as shown in Figure 2. The Treatment Module is to be founded on a slab foundation bearing at about elevation -1 foot MSL (i .e. , sidewall top elevation of about +17 feet MSL) . Construction of the Treatment Module slab foundation at elevation -1 foot MSL will require the excavation of seven to 11 feet of existing overburden soil . The embedment depth of the Treatment Module slab will be about nine feet below the existing average site grade elevation of approximately +8 feet MSL. Construction of the Treatment Module is to require the removal of the existing chain link fence and asphalt paved parking area at the Treatment Module site. Digester A 55 foot wide. 75 foot long, 18 foot high reinforced concrete Diges- ter is to be constructed at the east central side of the proposed EDSTP expansion site. The proposed Digester site is located in an 1 open area with low maintained grass. The surface elevation of the existing site ground surface at the proposed Digester site is about elevation +7 feet MSL. The Digester is to be founded on a slab foun- dation bearing at about elevation -4 feet MSL (i .e. , sidewall top elevation of about +14 feet MSL) , with about 11 feet of embedment below the existing site grade elevation of +7 feet MSL. Entrance Works A 20 to 48 foot wide. 20 foot to 60 foot long. 12 to 21 foot high reinforced concrete Entrance Works is to be constructed at the south- western portion of the proposed EDSTP expansion site. The Entrance Works is to consist of an Entrance Works Basin and two Entrance Works Grit Chambers as shown in Figure 2 . The Entrance Works is to be constructed in an open area with low maintained grass. The existing ground surface elevation at the proposed Entrance Works site is about elevation +8 feet MSL. The Entrance Works Basin is to be about 12 feet high and founded on a combination of slab and strip/spread footing foundations. The Entrance Works Basin slab foundation is to bear at about elevation +8 feet MSL with about two feet of embedment below the final grade elevation of about +10 feet MSL. The Entrance Works Basin footing foundations are to bear near elevation +2 feet MSL with about eight feet of embedment below the final grade elevation of about +10 feet MSL. Construction of the Entrance Works Basin slab will require the removal of existing fill to a depth of about seven feet (near elevation +1 foot MSL) and the placement/compaction of select fill to about elevation +8 feet MSL. Construction of the Entrance Works Basin footings will require the removal of existing fill material down to natural in situ soil at a depth of about seven feet (near elevation +1 foot MSL) and the placement/compaction of select fill to about elevation +2 feet MSL. The Grit Chambers are to be about 21 feet high and founded on footing foundations which are to bear near elevation -1 foot MSL with about 11 feet of embedment below the final site grade elevation of approximate- ly +10 feet MSL. Construction of the Entrance Works Grit Chambers will require the removal of about nine feet of existing overburden soil . Office Building A 35 foot wide. 55 foot long, single story Office Building is to be HTS, isc. Consultants constructed at the southwest side of the proposed EDSTP expansion site. The ground surface elevation at the proposed Office Building site lies near elevation +8 feet MSL. A three to four foot deep ditch is located at a portion of the proposed Office Building site as shown in Figure 2. The flow line elevation of the existing ditch is about elevation +4 to +5 feet MSL. The Office Building site is located at an area where refuse/fill has been placed. Construction of the Office Building will require the removal of a portion of the existing chain link fence. The Office Building is to consist of a steel frame struc- ture with a floor elevation near the final site grade elevation of about +10 feet MSL. The following foundation loadings were assumed for the proposed expansion facilities for foundation design purposes: Treatment Module slab and Digester slab gross bearing pressures were assumed to be 1,400 pounds per square foot (psf) for axial compression dead loads plus sustained live loads and 2. 100 psf for axial compres- sion dead loads plus sustained and transient live loads. Entrance Works slab foundation and footing foundation gross bearing pressures were assumed to be: 800 psf for axial compression dead loads plus sustained live loads and 1.200 psf for axial compression lead loads plus sustained and transient live loads for the Entrance Works Basin slab foundation. and 1,600 psf for axial compression dead loads plus sustained live loads and 2,400 psf for axial compression dead loads plus sustained and transient live loads for the Entrance Works Basin and Entrance Works Grit Chamber footing foundations. i Office Building loadings were assumed to be: 80 kips per column for axial compression dead loads plus sustained live loads and 120 kips per column for axial compression dead loads plus sustained and transient live loads. approximately 1,000 pounds per linear foot for wall loadings, and approximately 50 psf for floor loadings. Gross foundation bearing pressure as referenced above is defined as the contact pressure at the base of the slab foundation or footing founda- tion due to the dead weight of the structure and sustained and transient live loads associated with the structure. I1.3 Summary of Findings The pertinent findings of this investigation are summarized below. 1.3.1 Subsurface Soil Stratigraphy The subsurface soil stratigraphy at the boring locations is described: 1 t HTS, INC. Consultants__, 5- on the boring logs provided in Appendix A. by the soil profiles presented in Figures 3, 4 and 5. by the laboratory test summary provided in Table 1, and by the laboratory test results presented in Figures 6 through 11. Data from Boring Nos. 1 through 10 suggest that the upper 70 feet of overburden soils at the EDSTP expansion site are composed of five sepa- rate soil layers. HTS has designated these five soil layers as Layers I through V. Descriptions of these individual soil layers are provided below. Depth Be- low Ground Surface Layer (feet) Soil Description I From the Fill consisting of brown, dark brown, light gray. ground sur- dark gray, gray, dark tan, tan, light tan and red face to a stiff to hard fat clay, lean clay with sand and depth of sandy lean clay and loose to very dense silty sand. 12.5' clayey sand and silt with sand. This fill layer contains gravel , shells, brick fragments, concrete fragments, rubber tires, glass fragments, asphalt pieces, lumber, plastic bags, tin cans, electrical wiring, plastic sheeting, paper and textiles. The soils in Layer I have an average liquid limit of 47 percent. an average plasticity index of 31 percent, an average of approximately 78 percent minus No. 200 sieve material and an average moisture content of about 20 percent. II 3' to Gray, dark gray, light gray, dark tan and tan very 43' soft to very stiff fat clay and fat clay with sand with slickensides, sand partings. sand pockets. ferrous nodules. calcareous nodules and crawfish holes. The Layer II clays have an average undrained shear strength of about 1.300 psf, an average uncon- fined compressive strength of about 1.3 tons per square foot (tsf) , an average liquid limit of 71 percent. an average plasticity index of 50 percent. an average of approximately 85 percent minus No. 200 sieve material and an average moisture content of about 30 percent. III 32' to Gray and dark tan stiff to hard fat clay with slick- 53' ensiles, ferrous nodules, calcareous nodules and clay concretions. The Layer III clays have an average undrained shear strength of about 1,600 psf, an average unconfined compressive strength of about 1.6 tsf, an average liquid limit of 121 percent, an average plasticity index of 90 percent and an aver- age moisture content of 41 percent. i.c. Consultants 6- II Depth Be- low Ground I Surface Layer (feet) Soil Description IV 48' Gray, dark tan and tan stiff to very stiff sandy fat Ito 58' clay with clayey sand seams, clayey sand partings and clay concretions. The Layer IV clays have a liquid limit of 54 percent, a plasticity index of 38 percent, approximately 69 percent minus No. 200 I sieve material and a moisture content of about 25 percent. I V 53' to Gray, light gray and light tan medium dense to very the maxi - dense poorly graded sand with silt and silty sand mum boring with clay seams and clay pockets. The Layer V sands depth of have an angle of internal friction of about 34 I 70' degrees, an average of approximately 20 percent minus No. 200 sieve material and an average moisture content of about 21 percent. I1.3.2 Ground Water Ground water was measured in the borings at depths below the existing I ground surface as shown on the boring logs contained in Appendix A and as presented on the soil profiles provided in Figures 3. 4 and 5. Ground water was not encountered during drilling to a depth of about 40 I feet below the existing ground surface. Boring No. 10 was dry and open to a depth of 40 feet 24 hours after the completion of drilling. I 1.3.3 Shrink/Swell Potential The potential shrink/swell of the surficial soils at the proposed site is classified as high to very high. The results of Atterberg limits Itesting indicate the following: Depth Below I Ground Boring Surface Plasticity No. feet) Soil Type Index Swell Potential Il 33' -35' Fat Clay 93X Very high 3 0.5' 2' Fat Clay Fill 531 Very high 3 4' - 6' Fat Clay 36X High to very high I 3 3 6' - 8' Fat Clay 461 Very high 33' -35' Fat Clay 691 Very high 3 48' -50' Fat Clay 861 Very high I 6 2' - 4' Lean Clay with Sand Fill 33X Medium to very high 6 4' - 6' Silt with Sand Fill 1X Low 6 48' 50' Sandy Fat Clay 38X High to very high 8 2' - 4' Lean Clay with Sand Fill 32X Medium to very high I 8 4' - 6' Lean Clay with Sand Fill 321 Medium to very high The maximum potential vertical rise (PVR) of the site overburden soils I is about four inches under a 144 psf [1.0 pound per square inch (psi)] restraining load. I s I HTS, ixc. S. Consvifams_, 7- 1.4 Summary of Recommendations 1.4.1 Site Preparation It is recommended that site preparation at the proposed EDSTP expansion facility locations be performed as described below. 1.4.1.1 Site Preparation - Treatment Module It is recommended that the subgrade soils within the area of the proposed Treatment Module slab foundation be prepared by: removing the existing pavement and chain link fence from the proposed Treatment Module area and stripping vegetation and organic top soil to a depth of at least six inches, establishing site drainage and installing storm water drain- age structures if required, excavating the site soils as necessary to obtain the desired slab foundation grade elevation of about -1 foot MSL for the Treatment Module and removing the Layer I fill as shown in Figure 3 (Layer I fill at the Treatment Module may extend to an elevation of -4 feet MSL at some locations) , a providing temporary shoring and bracing in accordance with design requirements for Type C soil as defined by OSHA. a establishing drainage ditches and sumps around the perimeter of the bottom of the Treatment Module excavation and using sump pumps to remove water entering the excavation. proofrolling the exposed in situ soils with a 15 ton roller, observing the soils during proofrolling to detect any wet. soft or pumping soils and treating wet, soft or pumping soils with suitable drying or stabilizing agents or removing the unsuitable soils and placing/compacting suitable earth fill or select fill . compacting the exposed in situ soils to an in-place dry density equal to at least 95 percent of the maximum standard dry density (ASTM D 698) at a moisture content within ± 2 percent of the optimum moisture content. placing/compacting select fill as necessary to achieve the final slab foundation grade, and constructing a four inch thick concrete mud mat over the slab foundation subgrade soil in order to serve as a working surface during slab foundation construction and to protect the subgrade soils from drying/disturbance. Care should be taken to assure that the excavation for the proposed Treatment Module is not carried to significant depths below the existing adjacent Clarifier/Aerator foundation unless adequate bracing/underpinning is provided. If the exposed Layer II clay becomes unstable ( "pumps" or weaves") during site preparation, the construction contractor HTS, INC. ronsullanls_, 8- should be prepared to: dry the exposed clays by discing these materials and compact these soils as described above, dry the exposed clays by blending a stabilizing agent hydrated lime) with the unsuitably wet soil and compact these soils as described above, or remove any unsuitably wet clays and replace the wet clays with compacted select fill having an acceptable moisture content. Suitable earth fill should consist of on-site clays and sands which are free from debris. Select fill should consist of a clayey sand or inactive lean clay with a maximum liquid limit of 35 percent and a plasticity index range of eight to 20 percent. Suitable earth fill and select fill should be placed in eight inch thick loose lifts and compacted to an in-place dry density equal to at least 95 percent of the maximum standard dry density (ASTM D 698) at a moisture content within ± 2 percent of the optimum moisture content. Backfill around the Treatment Module walls should consist of suitable earth fill or select fill compacted to an in-place dry density equal to at least 90 percent of the maximum standard dry density (ASTM D 698) at a moisture content within ± 5 percent of the optimum moisture content. 1.4.1.2 Site Preparation - Digester It is recommended that the subgrade soils within the area of the proposed Digester foundation slab be prepared by: establishing site drainage and installing storm water drain- age structures if required, removing the existing the overburden soils to a depth of about 11 feet (i . e . , about elevation -4 feet MSL) as necessary to achieve the desired slab foundation grade and removing the Layer I fill at the Digester slab site as shown in Figure 4. providing temporary shoring and bracing in accordance with design requirements for Type C soil as defined by OSHA. establishing drainage ditches and sumps with sump pumps around the perimeter of the bottom of the foundation excava- tion and using sump pumps to remove water entering the exca- vation, proofrolling the exposed in situ soils with a 15 ton roller. observing the soils during proofrolling to detect any wet. soft or pumping soils and treating wet, soft or pumping soils with suitable drying or stabilizing agents or removing the unsuitable soils and placing/compacting select fill , HTS, ucc. Consuiturrf j 9 compacting the exposed in situ soils to an in-place dry density equal to at least 95 percent of the maximum standard I dry density (ASTM D 698) at a moisture content within ± 2 percent of the optimum moisture content, placing/compacting select fill as necessary to achieve the final slab foundation grade, and constructing a four inch thick concrete mud mat over the foundation subgrade soil in order to serve as a working surface during foundation slab construction and to protect the subgrade soils from drying/disturbance. If the exposed site surficial soil becomes unstable ("pumps" or weaves") during site preparation. the construction contractor should be prepared to dry/stabilize/remove the unsuitably wet soils as described for the Treatment Module in Section 1.4.1.1 above. Backfill around the Digester walls should consist of materials placed/compacted as described for the Treatment Module in Section 1.4.1.1 above. 1.4.1.3 Site Preparation - Entrance Works It is recommended that the subgrade soils within the area of the Entrance Works slab and footing foundations be prepared by: establishing site drainage and installing storm water drain- age structures if required, excavating the overburden soils to depths of about seven feet in order to provide for the removal of an approximately six to seven foot thick fill layer as shown in Figure 3 and as necessary to achieve the desired foundation slab grade eleva- tion (Entrance Works Basin slab foundation elevation of about 8 feet MSL, strip/spread footing foundation base elevation of about +2 feet MSL and Entrance Works Grit Chambers footing foundation base elevation of about -1 foot MSL) , providing temporary shoring and bracing in accordance with design requirements for Type C soil as defined by OSHA. establishing drainage ditches and sumps around the perimeter of the bottom of the foundation slab excavation and using sump pumps to remove water entering the excavation, proofrolling the exposed in situ soils with a 15 ton roller. observing the soils during proofrolling to detect any wet. soft or pumping soils and treating wet, soft or pumping soils with suitable drying or stabilizing agents or removing the unsuitable soils and placing/compacting select fill , compacting the exposed in situ soils to an in -place dry density equal to at least 95 percent of the maximum standard dry density (ASTM D 698) at a moisture content within ± 2 percent of the optimum moisture content, HTS,INC. Co',sunvnis_/ 10- is placing/compacting select fill as described for the Treatment Module in Section 1.4.1.1 above and as necessary to achieve the desired slab or footing foundation elevations, and constructing a four inch thick concrete mud mat over the foundation subgrade soil in order to serve as a working surface during foundation slab construction and to protect the subgrade soils from drying/disturbance. Backfill around the Entrance Works walls should consist of materials placed/compacted as described for the Treatment Module walls in Section 1.4.1.1 above. 1.4.1.4 Site Preparation - Office Building These recommendations pertain to the area of the proposed Office Building. The shrink/swell potential of the site surfi - cial active clays may be mitigated by the use of site prepara- tion techniques as described below, or alternatively, a struc- tural floor slab (suspended floor slab) may be used. Mitiga- tion of the shrink/swell potential of the active clays by using site preparation techniques will require the placement/compac- tion of inactive select fill to a minimum 4.5 foot thickness at the floor slab areas of the proposed Office Building. If the designer chooses to mitigate the high shrink/swell potential of the site soils by excavation/fill placement, it is recommended that site preparation be performed by: e removing the chain link fence and removing the Layer I fill at the site (Layer I fill at the proposed Office Building site is expected to extend to a depth of about ten feet) . t excavating the overburden soils to depths as necessary to achieve final grade. proofrolling the exposed in situ soils with a 15 ton roller. observing the soils during proofrolling to detect any wet. soft or pumping soils and treating wet, soft or pumping soils with suitable drying or stabilizing agents or removing the unsuitable soils and placing/compacting select fill or suit- able earth fill . compacting the exposed in situ soils to an in-place dry density equal to at least 95 percent of the maximum standard dry density (ASTM D 698) at a moisture content within ± 2 percent of the optimum moisture content. placing/compacting suitable earth fill or select fill as necessary to an elevation about 4.5 feet below the bottom elevation of the slab-on-grade floor, and placing/compacting imported select fill to a minimum thick- ness of 4.5 feet below the slab-on-grade floor base eleva- tion. Suitable earth fill or select fill properties and select fill placement/compaction should be as described for the Treatment Module above in Section 1.4.1.1. HTS,Ice ronsutramsJ 11- Use of the site preparation technique as described above. should limit the maximum PVR of the soils beneath slab-on-grade floors to about one inch. As an alternate, a structural floor slab (suspended floor slab) may be used to mitigate the site soil shrink/swell potential . If a structural floor slab is used, site preparation at the Office Building site should be performed by: removing the upper six inches of site fill material , and establishing site drainage and installing storm drainage structures if required. The surficial clay excavated at the site will not be suitable for use as select fill at the proposed Office Building area. The construction contractor may encounter difficulty in densi - fying/preparing the surficial clays depending upon weather conditions and should be prepared to adequately dry/stabilize any unstable surficial soils as described for the Treatment Module in Section 1.4.1.1 above. Backfill around the building walls should consist of materials placed/compacted as described for the Treatment Module walls in Section 1.4.1.1 above. 1.4.2 Recommended Foundation Types and Allowable Loadings Recommended foundation types and loadings for the proposed structures are provided below. 1.4.2.1 Foundation Design - Treatment Module The proposed Treatment Module will be constructed immediately adjacent to the existing Clarifier/Aerator . Care should be taken to assure that the excavation for the proposed Treatment Module is not carried to significant depths below the existing Clarifier/Aerator foundation unless adequate bracing/underpin- ning is provided. The Treatment Module may be supported on a reinforced concrete slab founded at about elevation -1 foot MSL. The slab should be designed using a maximum allowable gross bearing pressure of 1,400 psf for axial compression dead loads plus sustained live loads and 2.100 psf for axial corn- pression dead loads plus sustained and transient live loads. With the above-recommended maximum allowable gross bearing pressures being used for design: the factor of safety against an Treatment Module slab founda- tion bearing failure is at least 3.0 for axial compression dead loads plus sustained live loads, and at least 2.0 for axial compression dead loads plus sustained and transient live loads, the Treatment Module slab foundation maximum total settle- ments should be about 1.3 inches at the center point of the slab and 0.5 inches at the corner of the slab as shown in HTS, ixc. consuttaars_. I 12- Table 2, and I the Treatment Module slab foundation maximum angular distor- tion (differential settlement between two points on the slab divided by the distance between the two points on the slab) Ishould be about 1/1,184 (0.08 percent) as shown in Table 2. The estimated maximum angular distortion of 1/1. 184 (0 .08 percent) compares favorably with a suggested maximum angular I distortion of 1/200 (0.5 percent) as shown in Table 2. About 30 percent of the total settlement of the Treatment Module slab foundation is expected to be immediate (elastic) settlement and the remaining 70 percent of the settlement is expected to be long term (consolidation) settlement. It is expected that the long term settlement of the Treatment Module slab foundation will occur over a period of about 14 monthsI with the Treatment Module fully loaded. The accuracy of the time rate of settlement estimate is approximate only because the number and sequencing of sand/silt partings , seams or layers and the continuity of the partings, seams or layers will significantly influence the time over which long term settle- Iments occur. Treatment Module piping connections should be designed to I accommodate the expected Treatment Module settlements. Treat- ment Module piping hookups should be made subsequent to the dissipation of the elastic settlement. I If the estimated settlements and angular distortions provided above are deemed to be excessive by the designer, the Treatment Module settlements may be reduced by preloading the slab foun- I dation area with a soil preload or by using an alternative foundation system. I Site preparation of the subgrade soils and backfill placement for the Treatment Module slab should be performed as described in Section 1.4.1.1 above. I 1.4.2.2 Foundation Design - Digester The Digester may be supported on a reinforced concrete slab founded at elevation -4 feet MSL (depth of about 11 feet below I the existing ground surface) . The foundation slab should be designed using a maximum allowable gross bearing pressure of 1.400 psf for axial compression dead loads plus sustained live I loads and 2. 100 psf for axial compression dead loads plus sustained and transient live loads. With the above-recommended maximum allowable gross bearing Ipressures being used for design: the factor of safety against a Digester slab foundation I bearing failure is at least 3.0 for axial compression dead loads plus sustained live loads, and at least 2.0 for axial compression dead loads plus sustained and transient live Iloads. I HTS, 'sc. Consuhams—, 43- the Digester slab foundation maximum total settlements should be about 0.2 inches at the center point of the slab and 0.1 inches at the corner of the slab as shown in Table 2. and e the Digester slab foundation maximum angular distortion differential settlement between two points on the slab divided by the distance between the two points on the slab) should be about 1/3.985 (0.03 percent) as shown in Table 2. The estimated maximum angular distortion of 1/3 .985 (0 .03 percent) compares favorably with a suggested maximum angular distortion of 1/200 (0.5 percent) as shown in Table 2. About 30 percent of the total settlement of the Digester slab foundation is expected to be immediate (elastic) settlement and the remaining 70 percent of the settlement is expected to be long term (consolidation) settlement. It is expected that the long term settlement of the Digester slab foundation will be as described above for the Treatment Module in Section 1.4.2.1. Digester piping connections should be designed to accommodate the expected Digester settlements . Digester piping hookups should be made subsequent to the dissipation of the elastic settlement. Site preparation of the subgrade soils and backfill placement for the Digester slab should be performed as described in Section 1.4.1.2 above. 1.4.2.3 Foundation Design - Entrance Works The Entrance Works may be supported on a combination of reinforced concrete slab and footing foundations as described below. The Entrance Works Basin may be founded on a reinforced con- crete slab or strip/spread footings. The Entrance Works Basin slab foundation may be founded at elevation +8 feet MSL. The slab foundation should be designed by using a maximum allowable gross bearing pressure of 800 psf for axial compression dead loads plus sustained live loads and 1,200 psf for axial com- pression dead loads plus sustained and transient live loads. The Entrance Works Basin strip/spread footings may be founded at elevation +2 feet MSL (depth of about eight feet below the final grade surface of approximately elevation +10 feet MSL) . The Entrance Works Basin strip/spread footing foundations should be designed by using a maximum allowable gross bearing pressure of 1.600 psf for axial compression dead loads plus sustained live loads and 2.400 psf for axial compression dead loads plus sustained and transient live loads. The Entrance Works Grit Chambers may be founded on strip/spread footings bearing at elevation -1 foot MSL (depth of about 11 feet below the final grade elevation of +10 feet MSL) . The footings should be designed by using a maximum allowable gross bearing pressure of 1.600 psf for axial compression dead loads t plus sustained live loads and 2.400 psf for axial compression dead loads plus sustained and transient live loads. HTS, ixc. Consullanrs_. 14- With the above-recommended maximum allowable gross bearing pressures being used for design: the factor of safety against an Entrance Works Basin slab and strip/spread footing foundation bearing failure is at least 3.0 for axial compression dead loads plus sustained live loads, the factor of safety against an Entrance Works Basin slab and strip/spread footing foundation bearing failure is at least 2.0 for axial compression dead loads plus sustained and transient live loads, the factor of safety against an Entrance Works Grit Chamber strip/spread footing foundation bearing failure is at least 3.0 for axial compression dead loads plus sustained live loads. e the factor of safety against an Entrance Works Grit Chamber strip/spread footing foundation bearing failure is at least 2.0 for axial compression dead loads plus sustained and transient live loads. a the maximum total settlement of the Entrance Works Basin slab foundation should be about 1.3 inches as shown in Table 2, 3 the maximum total settlement of the Entrance Works Basin strip/spread footings should be 1.4 inches as shown in Table 2, 1 e the maximum total settlement of the Entrance Works Grit Chamber strip/spread footing foundations should be about 1.6 inches as shown in Table 2, and 3 the Entrance Works maximum angular distortion (differential settlement between two points on the slab/footing foundations divided by the distance between the two points on the slab/footing foundations) should be 1/510 (0.20 percent) as shown in Table 2. About 30 percent of the Entrance Works total settlement is expected to be immediate (elastic) settlement and the remaining 70 percent of the settlement is expected to be long term consolidation) settlement. Site preparation of the subgrade soils and backfill placement for the Entrance Works slab should be performed as described in Section 1.4.1.4 above. 1.4.2.4 Foundation Design - Office Building Belled drilled piers and grade beams may be used to support the proposed Office Building columns and walls. Shallow spread footing and continuous footing foundations should not be used for support of the proposed Office Building because of the presence of miscellaneous fill at the site and the high to very high shrink/swell potential of the site surficial clays. The Office Building floor should consist of a slab-on-grade floor HTS, Consu/tams