Adopted: December 1 2007 / Revised August 24, 2010 I Revision Number: 3

City of Dallas

City of Dallas Contractor/Vendor/Consultant, In January 2005, the Dallas City Council adopted an Environmental Policy for the City of Dallas that applies to every City employee and those who work on behalf of the City.

The Environmental Policy commits us to maintaining a safe, healthy and sustainable environment by continually improving our environmental performance, preventing pollutions at its source, and complying with all federal, state, and local environmental regulations. As a Contractor/Vendor/Consultant with the City, you are expected to adhere to these commitments.

To assist you with this expectation, the City of Dallas has made resources available to assist you with environmental compliance, pollution prevention and environmental stewardship. As we improve our environmental performance, the City will continue to provide you with the necessary tools to help you meet the City's expectations.

Should you have any questions or need further information, please contact your City of Dallas Project Manager, appropriate City staff, the Office of Environmental Quality, or see our website at http://www.dallascityhall.com/oeg/contractors.html. Thank you for doing business with the City of Dallas and for helping us meet our commitment to the environment.

Kris Sweckard, Managing Director Office of Environmental Quality http://www.dallascityhall.com/oeg/contractors.html

I. General

a. Purpose

The City of Dallas (City) is committed to environmental compliance, stewardship and sustainability. The City achieves this commitment by systematically reducing its environmental impacts through pollution prevention, regulatory compliance and continual improvement. Management of this effort is conducted through the City- wide Environmental Management System (EMS) that adheres to the ISO 14001:2004 standard. As a contractor, vendor or consultant (hereinafter Contractor/Vendor), the City expects you to be knowledgeable and aware of the specific environmental impacts and environmental regulatory requirements of your work conducted while on City property and/or on the City's behalf. As you do work for the City, be aware that the City considers important the following interactions with the environment.

ASPECTS

Energy Usage Material Consumption

Waste Generation and Disposal Recycling

Air Emissions Generation of Dust

Spills Groundwater Discharges

Stormwater / Surface Water Discharges Wastewater Generation and Disposal

Habitat Quality/ Quantity Land Utilization

Surface Permeability Noise Pollution

Exposures I Injuries Mold, Lead, or Asbestos Abatement

The City has prepared this Contractor/Vendor environmental packet to communicate City expectations and to reduce potential environmental impacts generated from Contractor/Vendor activities while conducting work for the City of Dallas.

b. Instructions

City Contractor/Vendor shall review, sign, and submit the Environmental Record Affidavit to the Project Manager or appropriate City of Dallas staff before beginning work (see attachment).

Adopted: December 1 2007 / Revised August 24, 2010 / Revision Number: 3

Further, it is the responsibility of the Contractor/Vendor to communicate the City's environmental expectations outlined in this document to its affected employees and/or subcontractors (hereinafter Subcontractors) associated with this work and to secure their commitment to comply with these expectations before proceeding with any City work.

II. Administrative Requirements

The Contractor/Vendor and Subcontractors shall comply with any and all applicable federal, state, and local statutes, laws, rules, regulations, ordinances, codes, and any amendments relating to the environment, hazardous substances or exposure to hazardous substances, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), the Superfund Amendments and Reauthorization Act of 1986 (SARA), the Hazardous Material Transportation Act (HMTA), Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), the Clean Water Act (CWA), the Clean Air Act (CAA), the Oil Pollution Act (OPA) and the Safe Drinking Water Act (SDWA).

III. Environmental Policy

The Dallas City Council adopted the following Environmental Policy in 2005 to guide the City's environmental efforts:

The City of Dallas is committed to a clean, safe, and healthy environment. As such, we will exercise environmental stewardship in our dealings with employees, other governments, citizens, City contractors, business, and others in the community for our world today as well as for future generations. Caring for the environment is one of our core values, and this is demonstrated by ensuring our activities are in harmony with the natural world around us.

This commitment is embodied by the following actions:

• Implementation of programs and procedures with intent to meet or exceed all applicable environmental laws and regulations

• Continual improvement of our environmental performance through proactive environmental management and self-assessments and/or third-party assessments

• Prevention of pollution at its source through implementation of best management practices and resource conservation measures to reuse, reclaim, and recycle materials we generate.

• Utilization of Environmental Management Systems, as appropriate for our operations, to provide a framework for systematically reviewing and reducing our environmental footprint.

• Employees will abide by all environmental regulations and demonstrate environmental compliance in their daily work practices.

• Educate City employees on Dallas's environmental policies and motivate and encourage employees to practice environmental stewardship by raising awareness and sensitivity to environmental issues through City policies, regulations, training, and interactive dialogue.

• Outreach to the citizens and businesses of our community by communication of this Policy and education on the importance of environmental stewardship for clean air and water and sustainable development for the City of Dallas.

IV. Green Purchasing

City Contractor/Vendor and Subcontractors must recognize the need to exercise positive environmental stewardship while purchasing products for use on City of Dallas projects. Purchasing environmentally friendly products can reduce costs, minimize environmental and legal requirements, decrease human health concerns, and minimize environmental impacts and risks. There are numerous products available which reduce environmental impacts with no or minimal additional costs. The Dallas City Council passed Resolution 04-1722 on May 26, 2004, affirming that the City will (1) purchase environmentally preferred products, whenever feasible; and

(2) require contractors and consultants to use recycled and other environmentally preferred products whenever feasible. For suggestions on product substitution, please contact your City of Dallas Project Manager, appropriate City of Dallas staff, or the Office of Environmental Quality.

V. Air Quality and Ozone

The City of Dallas is located in a non-attainment area for the criteria pollutant ozone.

Emissions from vehicles and construction equipment, coupled with our atmospheric conditions, exacerbate air quality issues in our region. Contractor/Vendor and Subcontractors may receive information regarding Air Pollution Watches and Warnings by signing up for email notification at http://www.tceq.state.tx.us/compliance/monitorinq/air/monops/ozone email.html. Your bid specifications may also require you to submit a Clean Air Plan to the City of Dallas for your activities. To every extent possible, Contractor/Vendor, Subcontractors and their representatives should comply with the following:

a. Refuel vehicles after 3:00 p.m. or as late in the afternoon as possible. The only exception to this policy is an emergency response vehicle which may be refueled as necessary to maintain readiness. DO NOT top off your fuel tank.

b. Maintain vehicles and equipment to minimize emissions.

c. Schedule meetings requiring vehicle trips after 10:00 a.m. or as late in the afternoon as possible.

d. Restrict the use of paints, solvents, cleaners, or other chemicals containing volatile organic compounds (VOCs) until after 10:00 a.m.

e. Encourage employees to use public transportation or car pool, when possible, to and from work or to external meetings or functions.

f. Limit idling of vehicles to less than five minutes. In 2007, the Dallas City

Council passed an Anti-Idling Ordinance which prohibits motor vehicles http://www.tceq.state.tx.us/compliance/monitorinq/air/monops/ozoneemail.html weighing over 14,000 pounds from idling more than five minutes in the city of Dallas. The law is enforced during Ozone Season, April 1st -

October 31st of every year. The purpose of the Anti-Idling ordinance is to improve air quality in Dallas. The Anti-Idling Ordinance can be reviewed by visiting the City's Green Dallas website at the following address:

http://www.greendallas.net/pdfs/ldlingOrdinance.pdf.

VI. Material Safety Data Sheets (MSDS)

The MSDS is used to relay important information concerning a chemical to its user or other interested parties, such as spill responders or first-responders. MSDSs must be available for review by employees during their work shift, and must be kept at the facility at all times while the chemical is in use or stored at that facility. MSDSs are readily available from the chemical manufacturers or suppliers and generally can be obtained through the manufacturer's web site. MSDSs for chemicals used on the City's property and/or projects need to be provided to the City of Dallas Project Manager or appropriate City of Dallas staff before work can begin or before the chemical is brought onsite. Mobile equipment transporting said chemicals to and from job sites should also be equipped with a copy of MSDS for those chemicals in the event of a spill or accident.

VII. Spills and Releases

As a City Contractor/Vendor or Subcontractor, you must take measures to prevent pollution of the land, air, or waterways including the municipal stormwater system and sanitary sewer system. If a spill or release occurs, you have a legal obligation to immediately report such an incident to the appropriate regulatory agency and to the City of Dallas Project Manager or appropriate City of Dallas staff. You also have a legal obligation to clean up every spill and dispose of the cleanup wastes appropriately.

Examples of commonly used substances that may cause an adverse effect if spilled:

Gasoline/diesel fuel Paints Antifreeze/ glyco1 Solvents Lubricating oil Chemical lime Hydraulic fluid Sewage Other petroleum products Ammonia Synthetic oils Hot asphalt Freon Chlorinated water CFCs Propane

VIII. Environmental Notices of Enforcement (NOE) and Notices of Violation (NOV) http://www.greendallas.net/pdfs/ldlingOrdinance.pdf

The City must be notified of any NOEs or NOVs received by Contractor/Vendor or Subcontractor in the last five years as part of the bid package. If a NOV or NOE is issued while doing City work then the contractor should let their City of Dallas Project Manager or appropriate City of Dallas staff know within 24 hours. Failure to report an NOE or NOV constitutes fraud and may be subject to legal remedies.

IX. Endangered Species Act

The Endangered Species Act is a regulatory program established for the conservation of threatened and endangered plants and animals and the habitats in which they are found. The U.S. Fish and Wildlife Service of the Department of the Interior maintains the list of 410 endangered animal species, 600 endangered plant species, 162 threatened animal species, and 146 threatened plant species. If an endangered species or nesting birds are uncovered during construction, immediately stop work and notify your City Project Manager or appropriate City of Dallas staff. Visit the following website to obtain more information regarding Endangered Species regulatory requirements:

http://www.fws.gov/endangered/.

X. Wetland Regulatory Authority

Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA) establish programs to regulate the discharge of dredged or fill material into waters of the United States, including wetlands, whether water is present or not.

Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects. Sections 404/10 require a permit before any dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Sections 404/10 regulations (e.g.

certain farming and forestry activities). City of Dallas contractors are required to comply with Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act and any associated permit requirements. If, during construction of any project, a delineated wetland is encountered, avoid the wetland and immediately notify your City Project Manager. Written proof of exemption from regulations by the U.S.

Army Corps of Engineers may be requested as proof of compliance.

XI. Stormwater Control / Permits

Federal, state and local stormwater regulations require elimination and/or reduction of pollutants that enter our storm drains and ultimately discharge into local water bodies.

Water from any source that contains pollutants is prohibited from entering the storm drain system, which includes streets, catch basins (street grates), ditches, drainage swales and rivers. Pollutants include, but are not limited to sediment, trash, chemicals, oils and/or greases. A stormwater permit is required for construction projects that disturb one or more acres of land. Less than one acre of disturbance also requires a Stormwater permit if the activity is part of a larger common plan of development or sale that will meet or exceed the one acre threshold. A Storm Water http://www.fws.gov/endangered/

Pollution Prevention Plan (SWPPP) must be developed and implemented and permits for all operators must be posted at the site entrance prior to commencing construction activity. Construction activities include clearing, grading, excavating, stock piling of fill material, and demolition of existing structures. It is important to remember that whether a stormwater permit is required or not, discharges of pollutants into any water body are strictly prohibited by federal, state, and local regulations. Refer to Article IX, Section 19-118 of the Dallas City Ordinance for details regarding stormwater requirements that exceed federal and state regulations. Please contact your City Project Manager or the City of Dallas Public Works Stormwater Management Section for assistance.

Environmental Best Management

Practices Guide for

Construction Projects

In this Package:

• The City of Dallas Environmental Policy

• Environmental Responsibilities

Information for Contractors working with the City of Dallas

• Contractor Environmental

Acknowledgement Form* *Contractors involved in construction and hired by the City of Dallas must sign this Form. Construction includes exterior work involving ground disturbance, construction of new infrastructure, improvement of existing infrastructure and upgrades to a site.

November 2007

Purpose

The City of Dallas (City) is committed to environmental stewardship and sustainability.

The City achieves this commitment by systematically reducing its environmental impacts, through pollution prevention, regulatory compliance and continuous improvement. to manage this commitment, the City has developed an Environmental Management System (EMS) per the ISO 14001:2004 standard. As a Contractor, the City expects you to be knowledgeable and aware of the specific environmental impacts and environmental regulatory requirements of your work conducted while on City property.

Instructions

• As a Contractor for the City of Dallas, your review and signature on the Contractor Environmental Acknowledgement Form is required prior to beginning work.

• As a Contractor for the City of Dallas, it is your responsibility to communicate this

Information to all onsite personnel that are engaged in carrying out the work or providing material to the job site, including Subcontractors. It is possible that during the course of the work, the City of Dallas may review the information in this document with you and your personnel.

The City of Dallas’ Environmental Policy

The City of Dallas is committed to a clean, safe, and healthy environment. As such, we will exercise environmental stewardship in our dealing with employees, other governments, citizens, City contractors, business and others in the community for our world today as well as for future generations. Caring for the environment is one of our core values, and this is demonstrated by ensuring our activities are in harmony with the natural world around us.

This commitment is embodied by the following actions:

Implementation of programs and procedures with an intent to meet or exceed all applicable environmental laws and regulations.

Continual improvement of our environmental performance through proactive environmental management and self-assessments and/ or third-party assessments.

Prevention of pollution at its source through implementation of best management practices and resource conservation measures to reuse, reclaim, and recycle materials we generate.

Utilization of Environmental Management Systems, as appropriate for our operations, to provide a framework for systematically reviewing and reducing our environmental footprint.

Employees will abide by all environmental regulations and demonstrate environmental compliance in their daily work practices.

Educate City employees on Dallas’ environmental policies and motivate and encourage employees to practice environmental stewardship by raising awareness and sensitivity to environmental issues through City policies, regulations, training, and interactive dialogue.

Outreach to the citizens and businesses of our community by communication of this Policy and education on the importance of environmental stewardship for clean air and water and sustainable development for the City of Dallas.

The Three Commitments of the City of Dallas’

Environmental Policy

1. Compliance

2. Continued Improvement

3. Pollution Prevention

Awareness and Competence

Contractors working on behalf of The City of Dallas are ex- pected to be competent to perform their work and must be aware of applicable environmental requirements.

Awareness and competence can be achieved through proper education, training or experience. Contractors must also ensure that Subcontractors are aware of their environ- mental responsibili- ties and are competent to perform their

Environmental Responsibilities Information For Contractors

Compliance

The State of Texas and the City of Dallas have enacted environmental laws and regulations based on state, Federal, and local laws to protect the environment and minimize pollution. As a Contractor, it is your responsibility to know which of these regulations, Federal, State and or City, apply to your operations in the work you do in and for the City of Dallas. Further, it is your responsibility to obtain and maintain all approvals and/or permits related to your activities and to maintain and document compliance with all applicable regulations. Failure to comply with regulation can result in civil and/or criminal penalties.

Awareness and Competence

Contractors/Vendors/Consultants working on behalf of The City of Dallas are expected to be competent to perform their work and must be aware of applicable environmental requirements. Awareness and competence can be achieved through proper education, training or experience. Contractors/Vendors/Consultants must also ensure that Subcontractors are aware of their environmental responsibilities and are competent to perform their work.

The City of Dallas hosts education and training sessions on our environmental requirements and responsibilities. The Office of Environmental Quality also maintains a library of training videos. Please contact the Office of Environmental Quality for education and training schedules, and to request training videos at, 214-670-1200.

Environmental Best Management Practices

When working on City of Dallas projects, please follow the guidelines outlined below for activities involving:

• Excavation and soil disruption,

• Saw cutting and coring,

• Tree protection,

• Waste management and recycling,

• Properly responding to spills and chemical releases,

• Fueling vehicles and equipment,

• Handling contamination, and

• Idling vehicles.

Erosion and Sediment Control

Construction activities can result in soil in erosion and sedimentation, which if left uncontrolled, can harm the environment. This may include the loss of valuable topsoil and sedimentation in rivers and other water bodies. In an effort to reduce environmental impacts from construction activities, the following things need to be done to control soil erosion, waterway sediment and airborne dust generation.

• Create and implement an Erosion and Sedimentation Control (ESC) Plan that conforms to the erosion and sedimentation requirements of the 2003 EPA Construction General Permit, or

• Create and implement local erosion and sedimentation control standards and codes, whichever is more stringent.

The Plan shall describe the measures implemented to accomplish the following objectives:

• Prevent loss of soil during construction by stormwater runoff and or wind erosion, including protecting topsoil by stockpiling for reuse.

• Prevent sedimentation of storm sewer or receiving streams

• Prevent polluting the air with dust and particulate matter

The Construction General Permit (CGP) outlines the provisions necessary to comply with Phase I and Phase II of the National Pollutant Discharge Elimination System (NPDES) program. While the CGP applies only to construction sites greater than 1 acre, the requirements are applied to all projects for the purposes of this prerequisite. Information on the EPA CGP is available at http://cfpub.epa.gov/npdes/stormwater/cgp.cfm.

Soil Conservation and Stockpiles

Storage and stockpiling of soil is common to City operations. There are a number of environmental issues related to stockpiling of soil including: generation of dust, introduction of sediment into the storm drain system, increased sedimentation and blockage of watercourses.

Appropriate soil conservation and stockpiling practices that can prevent or eliminate erosion and the loss of topsoil may include, but are not limited to, the following:

• Locate stockpiles away from catch basins, inlets, watercourses and water bodies;

• Do not store soil on graded slopes;

• Minimize storage time; and

• Employ protective measures (such as a tarp) to protect the soil from wind and rain.

http://cfpub.epa.gov/npdes/stormwater/cgp.cfm

Saw Cutting and Coring

Slurry generated from saw cutting and coring activities may contain several contaminants including sediment, hydrocarbons and ele-vated pH levels in the runoff. If your operations include saw cutting or coring of asphalt and/or concrete, the resulting slurry must not be allowed to enter the stormwater system or other water bodies. Fed-eral, State and City legislation prohibits the discharge of substances to the stormwater system and water bodies that can result in ad-verse effects on the environment or the City infrastructure.

Some recommended methods for controlling releases can include, but are not limited to, the following:

• Minimize the amount of water being used to cool the saw;

• Avoid performing saw cutting or coring operations during wet weather;

• Contain the slurry in the work area through the use of erosion and sediment controls;

• Cover/block sewer inlets or gutters to prevent slurry from entering;

• Collect slurry using appropriate vacuum equipment; and

• Use saws with built-in slurry containment systems.

Tree Protection

Trees are an important part of an urban environment. Trees can:

1. Reduce the urban heat-island affect,

2. Reduce water run-off,

3. Prevent soil erosion, muffle noise, absorb dust and other pollutants, and provide wildlife habitat, and

4. Help conserve energy.

Trees in Dallas represent a significant investment and are highly valued by citizens as long-term assets to the community.

Trees may become stressed due to drought, shifts in temperature, and shorter cold seasons that encourage parasites. Recently, due to redevelopment and construction activities, trees are facing new stressors which put them in jeopardy and can result in a loss of resources for the City. Construction damage often occurs to the root system as a result of compaction, trenching, soil contaminants, and erosion.

Please follow the guidelines below:

• A root protection zone equal to 1.25 feet for each inch in tree diameter (measured at

4.5 feet above the ground) should be established, fenced, mulched, watered, and monitored during construction activities. No activities, personnel, or equipment should be allowed in this area.

• Avoid filling and grading (adding or taking away) 2 inches or more of the soil in the clay soils prevalent around Dallas. Consider a no fill or grade zone encircling the entire root protection zone for trees that are to be retained on site (see above construction bullet).

• Excavate the edge closest to the root protection zone using an air spade followed by severing roots cleanly with a saw. Avoid tearing or crushing roots with a bulldozer, back hoe, or similar equipment.

Remember, trees grow where conditions are ideal. If it was successful, the conditions of that location should not be altered without seeking the advice of professionals.

Waste Management and Recycling

The City of Dallas undertakes many activities that generate waste and recyclables. If improperly managed, waste can negatively impact the environment.

There are a number of federal, state and municipal laws or ordinances that require proper handling, storage, transportation and disposal of non-hazardous and hazardous wastes. It is your responsibility to know about and adhere to the regulatory requirements that apply to the work that you perform. Contractors are responsible for ensuring that waste material is disposed of at an approved area or facility in accordance with the law.

The City of Dallas operates one landfill and three transfer stations.

• McCommas Landfill accepts Commercial waste, Household waste, Municipal waste, Grass clippings/brush, and Appliances

• The transfer stations accepts Recyclables, Grass clippings, and Municipal waste on

Mondays and Tuesdays. City of Dallas transfer stations are:

• Northeast (Fair Oaks) Transfer Station

• Northwest (Bachman) Transfer Station

• Southwest (Oak Cliff) Transfer Station

Chemical waste may be taken to Home Chemical Collection Center, located on 11234 Plano Road in Dallas.

The City of Dallas also encourages Contractors to reduce and divert waste from landfills through recycling. At a minimum, you are expected to consider recycling cardboard, wood, concrete and metal that is generated onsite. Construction materials with recycled content should be used where reasonably practical.

Please contact the Sanitation Department for questions and assistance with waste disposal at (214) 670-3555

Offsite Disposal of Excavated Soil or Material

Any material that is excavated from a site that is not required or suitable for fill or other purposes must be appropriately disposed offsite. Contractors are responsible for ensuring that such material is disposed at an approved area or facility in accordance with the law.

Spills and Releases

Spills can cause environmental damage. If a substance leaks into a drain it can pollute the local water supply. If humans are exposed to a hazardous substance, serious health effects can occur. If a substance is flammable, explosive, or reactive, it can also create other hazards.

As a City of Dallas Contractor, you must take measures to prevent pollution of land or waterways including the stormwater system. If a spill or release occurs, you have a legal responsibility to report such an incident to the appropriate regulatory agency and to the City of Dallas.

Examples of Commonly Used Substances That May Cause an Adverse Effect on the Environment

Gasoline /diesel fuel Paint Propane Antifreeze/glycol Solvents Oil containing PCB’s

Lubricating oil Chemicals Acids or caustics

Hydraulic fluid Other petroleum products and synthetic oils

Sewage Erosion and sedimentation materials

Fertilizers Excessive smoke, fumes, odors

Freon/CFCs Ammonia Chlorine Industrial wastes Hot asphalt Pesticides and herbicides

This list is not all-inclusive, and other substances may cause an adverse effect on the environment.

Reporting to a Regulatory Agency There are specific legal requirements related to reporting spills and releases. As a City of Dallas Contractor, you must ensure that spills and releases are immediately reported to the appropriate regulatory agencies as required by law.

Failure to report could result in enforcement action against persons responsible, including you.

Release reporting is also a requirement of Federal and State legislative bodies such as the Environmental Protection Agency and the Texas Commission on Environmental Quality.

As a City of Dallas Contractor, you must notify The City Designate of a spill or release at the earliest possible opportunity.

Cleaning Up a Spill or Release

After ensuring the health and safety of the public and workers, the most important component of managing a non-hazardous or hazardous material spill or release is to initiate steps to immediately control and minimize the spilled or released material’s impact on the environment. The type of material spilled, the quantity spilled, and the spill location are factors to take into account when deciding what appropriate actions to take.

The person or entity that causes a spill or release of non-hazardous or hazardous material into the environment is responsible to satisfactorily clean and, if necessary, remediate the affected area. The Contractor is responsible for identifying a satisfactory level of clean-up in consultation with the City of Dallas and other relevant regulatory agencies. Adequate quantities of absorbent material or berming devices must be readily available to clean up spills. Waste material generated during spill clean-up activities must be properly disposed in accordance with Federal and State requirements.

Fueling Fuel spills can occur during fueling operations at construction sites. Measures to ensure that fueling operations do not cause an environmental impact include, but are not limited to, the following:

• Place berms around fuel storage tanks,

• Labeling all fuel storage tanks,

• Conduct fuel operations away from catch basins and water bodies;

• Ensure contractor personnel are present during fueling operations for the duration of the fueling process;

• Communicate operating procedures to onsite personnel; and,

• Keep adequate quantities of absorbent materials readily available.

Fueling or maintenance of equipment must not take place within 30 ft of waterways including the stormwater system or environmentally sensitive areas unless a written Standard Operating Procedure is in place.

Contamination Discovery

Contractors are expected to follow the City of Dallas Contamination Discovery Response Procedure.

During construction, indications of possible contamination include, but are not limited to, the following:

• Rusted barrels and containers;

• Stained or discolored earth in contrast with adjoining soil;

• Fill material containing debris;

• Household trash covered by earth or industrial waste debris;

• Non-earthy odors, or other strange smells;

• Oily residue intermixed with earth;

• Sheen on groundwater; and,

• Structures such as asbestos cement pipe, abandoned pipes and underground storage tanks.

As a City of Dallas Contractor, you must report any suspected contamination discovery to The City of Dallas Project Designate as soon as possible.

Chemical/Oil Storage

The City of Dallas expects contractors to be in compliance with City, State and Federal regu-lations on chemical handling, transportation and storage, including but not limited to Dallas City Code, Texas Hazardous Communication Act, DOT regulations, FIFRA, SARA, EPCRA and OSHA requirements.

Proper storage is required to minimize the hazards associated with chemical and oil storage.

Further, contingency and spill control and countermeasure plans need to be created and im-plemented.

Some elements of chemical and oil storage requiring consideration should include: separation of incompatible chemicals, solvents, flammables versus combustibles, acids versus bases, oxidizers, poisons, explosives and unstable reactives. Some chemicals may require storage in flammable or acid proof containers while others may have distance requirements.

Imported Fill Material

When imported fill material is proposed for use at a construction site, Contractors are responsible for reporting the source location of the material to the City of Dallas Project Designate.

The source location of any imported or recycled fill material must be reported to the City of Dallas Project Designate prior to material being brought onsite.

The Contractor may be asked to verify the suitability of the material for its intended use.

Vehicle Idling

Vehicle idling contributes to several environmental problems such as the deterioration of air quality and the production of unnecessary emissions of greenhouse gases such carbon dioxide (CO2). In addition to these environmental concerns, idling of vehicles also wastes fuel and may damage vehicle engines. According to City of Dallas Ordinance 26766, vehicles with a gross vehicle weight rating equal to or greater than 14,000 pounds must not idle for more than 5 minutes.

Contractors working on behalf of the City are encouraged to minimize idling of vehicles that is not essential for the performance of their work.

Useful City of Dallas Sources of Information

The following City of Dallas websites can be accessed for municipal requirements that are referenced in the Contractor Environmental Responsibilities Package:

For Contractor environmental requirements and corporate environmental programs:

www.dallascityhall.com> Departments> Office of Environmental Quality

For information on City Codes: http://www.dallascityhall.com/html/codes.html http://www.dallascityhall.com/ http://www.dallascityhall.com/html/codes.html

ENVIRONMENTAL RECORD AFFIDAVIT

For purposes of this Affidavit:

(A) the term “Bidder/Proposer” includes any and all authorized officers, employees, agents, or other representatives of Bidder/Proposer working in that capacity on behalf of Bidder/Proposer within the past three (3) years prior to the date of this Affidavit;

(B) the term “Environmental Laws” includes any and all State, Federal, or local statutes, laws, rules, codes, regulations, or ordinances developed to regulate activities that impact human health and the environment including, but not limited to, those intended to control land, air, and water pollution, conserve natural resources, prevent damaging practices, and regulate chemical hazards.

By signing below, I, , the authorized representative of

(hereinafter called the “Bidder/Proposer”), affirm, on behalf of

Bidder/Proposer, the following:

(1) That Bidder/Proposer has received and read the Contractor Environmental Packet.

Bidder/Proposer also understands that the Contractor Environmental Packet is not intended to be all inclusive, but rather a guideline for environmental responsibility.

[Strike the item indicated below that does NOT apply in this Affidavit.]

(2) That Bidder/Proposer has not been served with any notices of violation or notices of enforcement or had any civil or criminal fines or penalties imposed by any regulatory authority for a violation of any Environmental Laws within the past three (3) years prior to the date of this Affidavit.

(3) That Bidder/Proposer has been served with notices of violation or notices of enforcement or had any civil or criminal fines or penalties imposed by any regulatory authority for a violation of any Environmental Laws within the past three (3) years prior to the date of this Affidavit as follows:

[If Item (3) applies, use a separate sheet to list the notices of violation or enforcement, and any adjudications of actual violations, along with copies of any compliance documents issued by the regulatory authority in connection with the notices or actual violations, and attach the separate sheet to this affidavit.]

COMPANY NAME SIGNATURE

DATE TITLE

Environmental Record Affidavit [032311 Edition]

Cleaning Up a Spill or Release