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Contract 42787
t CITY IECR!TARV CONTRACT NO ~ 4'2..rr,J -CCl'f-NI: ' __ GCIITUC'IOI SPECIFICATIONS' OOl1IACTOn IONDING CO. :ZCRYIECIIETMV . AND CONTRACT DOCUMENTS ... FOR SCOUR AND EROSION OF ABATEMENT AT EASTCHASE PARKWAY BRIDGE OVER COTTONWOOD CREEK (2011-21) TPW PROJECT NO. GGOl-539590-0202003 CITY OF FORT WORTH, TEXAS AUGUST2011 SY PRICE MAYOR T. M. HIGGINS INTERIM CITY MANAGER DOUGLAS W. WIERSIG, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT GEORGE BEHMANESH, P.E., ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT PREPARED FOR TRANSPORATION AND PUBLIC WORKS DEPARTMENT INFRASTRUCTURE GROUP • !!1..'-''"'\'\'\\\ ... .:,,-.. ..-:. 0 F t.l'-·~tt .::;; ~ ~ ......... ~r~ tz. PREPARED BY #'~~~.;···* ... ·:-:!~ '1i ... * .. .. * 111 ~ ... ···* ~ KB R f ·tRv··vtsrRiNG~·;ti Engineered by KBR Technical ndGes, ~ .... ,. ........... -........... 1 ... "i:; Te x as R e gistration# 397 ORD ~ ~. 101291 : j1 OF'FI AL E 111~~··· ••• liceNs~?. /$ff 1 . 5 8 1 N CITY SECR TARY 1lz~~\ sioi_~~~ - o 1 -1 2 -1 2 A 1 . FT. WORTH, TX tt'''\V s ~) _ v--~ovl ..... .... - .... - - M&CReview CITY. COUNCIL AGENDA DATE: CODE: COUNCIL ACTION: Approved on 11/15/2011 11/15/2011 REFERENCE NO.: **C-25276 C TYPE: CONSENT LOG NAME: PUBLIC HEARING: Page 1 of 2 Otf,ual site-of the C,ty of Fort Worth, Te,do FORTWORTII ~ 20BRIDGE REPAIR 2011-21 NO SUBJECT: Authorize Execution of a Contract with Environmental Safety Services, Inc ., in the Amount of $377,155.00 for Scour and Erosion Abatement to Protect the Bridge Support Structure at Eastchase Parkway Bridge Over Cottonwood Creek (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize execution of a Contract with Environmental Safety Services, Inc ., in the amount of $377,155.00 for scour and erosion abatement to protect the bridge support structure at Eastchase Parkway Bridge over Cottonwood Creek . DISCUSSION: This contract provides for scour and erosion abatement to protect the bridge support structure at Eastchase Parkway Bridge over Cottonwood Creek. Funding for the project was included in the Fiscal Year 2011 General Fund. This project was advertised on August 11, 2011 and August 18, 2011 , in the Fort Worth Star- Telegram . On September 8 , 2011 , the following bids were received : I BIDDERS I AMOUNT I Environmental Safety Services, l_n_c ___ ..,...1 _$_3_7_7_, 1-5-5-.0-0 __________ _ Ark Contracting Services, LLC $ 468,001 .00 -----------DCI Contracting, Inc. $501 ,010.00 ----------------Humphrey & Morton Construction Co ., Inc. $642 ,035.30 Linder Construction Co ., Inc. $ 779 ,734 .80 Environmental Safety Services, Inc., is in compliance with the City's M/WBE Ordinance by committing to 25 percent M/WBE participation on this project. The City's M/WBE goal on this project is 13 percent. The City reserves the right to increase or decrease quantities of individual pay items within contract, provided that the total contract amount remains within plus or minus 25 percent of the contract award . This project is located in COUNCIL DISTRICT 4 . FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund . TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539590 0202003 $377,155 .00 http://apps.cfwnet.org/council_packet/mc _review.asp?ID= 16087 &councildate= 11/15/2011 11/18/2011 M&CReview Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS EAST CHASE LOC MAP.pdf Fernando Costa (6122) Douglas W. Wiersig (7801) George Behmanesh (7914) Page 2 of2 http://apps .cfwnet.org/council__packet/mc_review.asp?ID=l6087&councildate=l l/15/2011 11/18/2011 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SCOUR AND EROSION OF ABATEMENT AT EASTCHASE PARKWAY BRIDGE OVER COTTONWOOD CREEK (2011-21) TPW PROJECT NO. GGOl-539590-02020003 CITY OF FORT WORTH, TEXAS GEORGE BEHMANESH, P.E. ASSISTANT DIRECTOR AUGUST2011 TRANSPORTATION AND PUBLIC WORKS DEPARTMENT DATE TABLE OF CONTENTS INDEX: 1. · Notice to Bidders 2. 3 . 4 . 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17 . 18. Special Instructions to Bidders Scope of Work Minority and Women Business Enterprises Specifications Proposal Special Provisions TxDOT Standard Specifications (Items 104, 110,403 ,459 , 752) Geotechnical Report Prevailing Wage Rates Vendor Compliance to State Law Contractor Compliance With Workers' Compensations Law Certificate of Insurance Experience Record and Equipment Schedule Performance Bond Payment Bond Maintenance Bond Contract Notice of Construction Detail APPENDICES: Appendix A: Summary of Quantities Appendix B: Project Location Maps Appendix C: Project Designation Sign Detail Appendix D: Other Details Appendix E: Standards Appendix F: Permit Sealed Proposals for the following: SCOUR AND EROSION OF ABATEMENT AT EASTCHASE PARKWAY BRIDGE OVER COTTONWOOD CREEK (2011-21) TPW PROJECT NO. GGOl-539590-0202003 Submit package to City of Fort Worth, Purchasing Division, in the lower level of the Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102 until 1:30 P.M., Thursday, September 08, 2011 , and then publicly read aloud at 2:00 p.m ., in the Council Chambers . Specifications and Contract Documents for this project can be purchased for a non-refundable fee of thirty dollars ($30.00) per set at the office of Transportation and Public Works Department, second floor of Municipal Building, 1000 Throckmorton Street, Fort Worth , Texas 76102. These documents contain additional information. A pre-bid conference will be held at 9:00 A.M. August 24, 2011, in Conference Room 289 , 2nd Floor, Municipal Building. Following bridge is included in this project: 1. Eastchase parkway bridge over cottonwood creek. The major work on the above-referenced project shall consist of the following items: 4510 1557 410 1488 SF CY CY CY Temporary special shoring (soil nail) Riprap( stone protection)( l 8in) Gabions(3 'x3 ')(GAL V) Excavation( channel) Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications . For additional information, please contact Ralph Browne, Sr. Project Manager, KBR Dallas at (214)-969-7934 or Tariqul Islam, Project Manager, City of Fort Worth at (817) 392-2486. T.M.IDGGINS INTERIM CITY MANAGER Advertising Dates: August 11, 2011 August 18, 2011 DOUGLAS W. WIERSIG, P.E., DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT By:_·~~~·-- TARIQUL ISLAM Graduate Engineer SPECIAL INSTRUCTIONS TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than 5 percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100 ,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PROPOSAL: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. 3. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. ADDENDA: Bidders are responsible for obtaining all addenda to the Contract Documents prior to the bid receipt. Information regarding the status of addenda may be obtained by contacting the Transportation and Public Works Department at (817) 392- 2486. Bids that do not acknowledge all applicable addenda will be rejected as non- respons1ve. SPECIAL INSTRUCTIONS TO BIDDERS - I - 4. AW ARD OF CONTRACT: The contract, if awarded, will be awarded to the lowest responsive bidder. The City reserves the right to reject any or all bids and waive any or all irregularities. No bid may be withdrawn until the expiration of forty-nine ( 49) City business days from the date that the M/WBE UTILIZATION FORM, PRIME CONTRACTOR W AIYER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") is received by the City. 5. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering intq a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The successful bidder shall be required to furnish bonding as applicable in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. B. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. C. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. D. A Two-year Maintenance Bond is required for all projects to insure tfie prompt, full and faithful performance of the general guarantee as set forth in Paragraph 7 of the Special Provisions. To be an acceptable surety on the performance, payment and maintenance bonds, the surety must be authorized to do business in the state of Texas and meet all requirements of Texas Insurance Code, section 7.19-1. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which. are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City SPECIAL INSTRUCTIONS TO BIDDERS -2 - 6. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1 -General Provisions, Item 8, Paragraph 8.6, Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 7. EMPLOYMENT AND NON-DISCRIMINATION: The Contractor shall not discriminate against any person(s) because of sex, race, religion , color or national origin and shall comply with the provisions of sections 13A-21 through 13A-29 of the Code of the City of Fort Worth ( 1986), as amended, prohibiting discrimination in employment practices. 8 WAGE RA TES: All bidders will be required to comply with prov1S1on 5159a of "Vemons Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas , and set forth in Contract Documents for this project. 9. FINANCIAL STATEMENT: A current certified financial statement may be required by the Director of the Transportation and Public Works for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 10. INSURANCE: Within ten days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds , proof of insurance for Workers Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2 ,000,000 aggregate); and Automobile Insurance ($1,000,000 each accident on a combined single basis or $250,000 property damage/$500 ,000 bodily injury per person per occurrence. A commercial business policy shall provide coverage on "any auto", defined as autos owned, hired, and non- owned). Additional lines of coverage may be requested. If such a request is made after bid opening, Contractor shall be entitled to additional compensation equal to 110% of the additional premium cost. For worker's compensation insurance requirements , see Special Instructions to Bidders -Item 16. ADDITIONAL INSURANCE REQUIREMENTS: A. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. B. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. SPECIAL INSTRUCTIONS TO BIDDERS - 3 - D. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premmm. E. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency . F . Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000 .00 per occurrence unless otherwise approved by the City. G. Other than worker 's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. H. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. I. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. J. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. K. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. · L. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 11. NON-RESIDENT BIDDERS: Pursuant to Texas Government Code, art. 2252.002, the City of Fort Worth will not award this contract to a non-resident bidder unless the non- resident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder to obtain a comparable contract in the state in which the non- resident's principal place of business is located. "Non-resident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company of majority owner has its principal place of business in this state. SPECIAL INSTRUCTIONS TO BIDDERS -4- "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if the project is funded in whole or in part with federal funds. The appropriate blanks of the Proposal must be filled out by all non-resident bidders in order for its bid to meet specifications. The failure of a non-resident contractor to do so will automatically disqualify that bidder. 12. MINORITY/WOMEN BUSINESS ENTERPRISE: In accordance with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The M/WBE Utilization Form, Prime Contractor Waiver Form and the Good Faith Effort Form, as applicable, must be submitted no later than 5:00 p. m. five (5) City business days after the bid opening date, exclusive of the bid opening date. The bidder shall submit the documentation at the reception area of the Transportation and Public Works Department ("Managing Department"), 2nd floor, City Hall, and shall obtain a receipt. Failure to comply shall render your bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name ofM/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor comply with the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or SPECIAL INSTRUCTIONS TO BIDDERS -5 - not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "O" or "no participation" in the spaces provided, and provide a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check( s ), 0 R 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Request for Approval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/WBE Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and within ten days after receipt of final payment from the City of Fort Worth, The Contractor will provide the M/WBE Office with a Final Participation Report Form to reflect the total participation from ALL subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor -City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts ( other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be SPECIAL INSTRUCTIONS TO BIDDERS -6- grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation ( other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 13. AMBIGUITY: In case of ambiguity or lack of clearness in stating process in the · proposal, the City reserves the right to adopt the most advantageous construction thereof or to reject the proposal. 14. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment (less retainage) from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 15. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through October 31, with 6:00 a.m. -10:00 a.m. being critical because emissions from this time period have enough time to bake in the hot atmosphere that leads to early afternoon ozone formation. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the AIR POLLUTION WATCH by 3:00 p.m. on the afternoon prior to the WATCH day. On designated AIR POLLUTION WATCH DAYS, the Contractor shall bear the responsibility of being aware that such days have been designated AIR POLLUTION WATCH DAYS and as such shall not begin work until SPECIAL INSTRUCTIONS TO BIDDERS - 7 - 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1-hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment bums Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. -6:00 p.m., on a designated AIR POLLUTION WATCH DAY, that day will be considered as a weather day and added onto the allowable weather days of a given month. 16. WORKERS COMPENSATION INSURANCE COVERAGE: Contractors compliance with Workers Compensation shall be as follows: A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in. 406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the SPECIAL INSTRUCTIONS TO BIDDERS - 8 - coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. E. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person or entity with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person or entity beginning work on the project; and SPECIAL INSTRUCTIONS TO BIDDERS -9 - (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false of misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. "The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." SPECIAL INSTRUCTIONS TO BIDDERS -10 - "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any officers, members, agents or employees who engage in the performance of this contract shall, in connection with such employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against any person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. 18. Contractor further covenants that neither it nor its officers, members, agents or employees acting on their behalf, shall specify in solicitations or advertisements for employees to work on those contract a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants that it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the Policy in the performance of this contract. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms or conditions of employment for applicants for employment with, or current employees of, Contractor. Contractor warrants that it will fully comply with the ADA's provisions and any other applicable federal, state, or local laws concerning disability and will defend, indemnify and hold City harmless against any and all claims or allegations filed by third parties against City arising out of Contractor's alleged failure to comply with the ADA in the performance of this contract. END OF SECTION SPECIAL INSTRUCTIONS TO BIDDERS -11 - - SCOPE OF WORK The primary objective ofthis project is to provide durable erosion mitigation on the cut bank (North) of Cottonwood Creek at the Eastchase Parkway Bridge crossing. Severe erosion has occurred undermining the current concrete riprap armoring of the bank and abutment of the Eastchase Parkway Bridge. The work consists of removal of the riprap utilizing a top-down construction technique performed in approximately 3.5' increments, stabilizing the bank using a combination of shotcrete and soil nails to create temporary and permanent stabilization. All spoils including benching shall be removed daily. Once complete, gabions will be placed along the benched sections and secured to the soil nails to provide additional stability of the bank armoring system. Attached to the plan set is a geotechnical report . The intent of this report is to give the perspective bidders the opportunity to develop a cost for the soil nails. Final submittal and design is the responsibility of the contractor as out lined in Item 403 of the TxDOT Standard Specifications (2004), Additional geotechnical investigations may be necessary as determined by the contractor's design engineer. It is the contractor's sole responsibility to locate utilities and abutment drill shafts and to address these potential conflicts in his special shoring design. Army Corps of Engineers (ACOE) nationwide permit 3 (NWP 3) for this project has been obtained on July 28, 2011 and is attached along with this document. The contractor shall follow the guidance identified in the NWP 3 permit. By the close of each day excavated soils, debris, and accumulated sediments shall be removed. The project shall comply with the contractor produced SW3P and with the conditions of the Texas Commission of Environmental Quality (TCEQ) water quality certification for NWP 3. The contractor shall submit a SW3P plan that utilized appropriate soil erosion and sediment controls and maintains them in effective operating condition throughout construction. At the completion of the project, and once vegetation is established, all erosion control devices shall be removed and the site restored to original or better condition. The Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges (2004), is the specification to be followed on this project. The plans override the specifications. General notes and instructions to the contractor are located on the plan sheets. 1 ,..... .. -· ................................................... . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • FORT WORTH ---M/WBE REQUIRED DOCUMENTATION RECEIPT Official date and time 09-14-11 A09:09 IN Bid Date: 4~k, 0, d.O II Project Name {;LJ/c/v«u. fkhJCfJ ,&4 (d!:2_(!--a_t / Project Manager: d-cvuf LL J.xife-!11-Forms Submitted By: Name: ? Cldj <; f-ee__ Company: 0~ S¥4 S:-Vlh-C~ _ /) Forms Received By: ditoui0-do~/lJ) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • .. ATIACHMENT 1A Page 1 of 4 FORT WORTH ---....,...---City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime ENVIRONMENT AL SAFETY SERVICES, INC PROJECT NAME: XI M,W/DBE I I NON-M,W/DBE SCOUR AND EROSION OF ABATEMENT AT EASTCHASE PARKWAY BRIDGE OVER BID DATE COTTONWOOD CREEK (2011-21) 9/8/2011 City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 13% 25.4% GG01-539590-0202003 Identify all subcontractors/suppliers you will use on this project Failure to complete this form , in its entirety with requested documentation , and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid open ing , exclusive of bid opening date , will result in the bid being considered non-respons ive to bid specifications . The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule , conditioned upon execution of a contract with the City of Fort Worth . The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geograph ic area of Tarrant , Parker, Johnson , Collin , Dallas , Denton , Ellis , Kaufman and Rockwall counties . Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e ., a direct payment from the prime contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms , located or doing business at the time of bid opening within the Marketplace , that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Departmen t of Transportation (TX DOT), highway division . Disadvantaged Bus iness Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized , the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm , including M/WBE owner-operators , and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs , including owner-operators , but will only receive credit for the fees and commissions earned bv the M/WBE as outlined in the lease aQreement. 7 -1 Rev . 5/30/03 I • FoRTWORTH ~ ATTACHMENT 1A Page 2 of 4 Primes are requ ired to identify ALL subcontractors/suppliers , regardless of status ; i.e., Minority , Women and non-M/WBEs . Please list M/WBE firms first , use additional sheets if necessary . Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A Earth Haulers, Inc 1 X )( Hauling Stone to 18" stone rip rap $84,508.00 Allen Tucker job, hauling fill and 4-8" gabion 11500 Mosier Valley and rubble away. stone Road Fort Worth, TX76040 PH : (817) 540-2777 FX: (817) 571-4321 info@earthhaulers.com Hanes Geo Componets 1 n/a Supply of $13,830 .00 615 Westport Pky . gabion baskets Suite 300 Grapevine, TX 76051 800-251-1008 817-527-4557 FAX Southern Star Concrete 1 n/a Supply of $57,155.00 6400 New York Ave concrete and Arlington, TX 76019 grout 972/621-0999 CrossRoads, LP 1 n/a Project Signs $350 .00 5012 David Strickland Rd. Ft. Worth, TX 76119 817 /634-0044 Metropolitan Infrastructure 1 X )( Engineering for n/a $11,250.00 9601 White Rock Trail Soil Nail install Suite 204 Dallas, TX 75238 214/341-1501 FoRTWORTH Primes are required to identify ALL subcontractors/suppliers , regardless of status ; i.e ., Minority, Women and non -M/WBEs . Please list M/WBE firms first, use additional sheets if necessary . 7-2 Rev . 5/30/03 t ' Certification N (check one ) 0 SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail C X M Subcontracting Work Supplies Purchased Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A FORT WORTH Total Dollar Amount of M/WBE Subcontractors/Suppliers $95,758.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $71,335.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $167,093.00 ATIACHMENT 1A Page 3 of4 Dollar Amount The Contractor will not make additions, delet ions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance . The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted , it will affect the final compl iance determination . By affixing a signature to this form , the Offerer further agrees to provide , directly to the City upon request , complete and accurate information regarding actual work performed by all subcontractors , including M/W/DBE(s) arrangements submitted with the bid . The Offerer also agrees to allow an audit and/or examination of any books, records and files held by their company . The bidder agrees to allow the transmission of interviews with owners , principals , officers , employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work 7 -3 Rev . 5/30/03 ATTACHMENT 1A Page 4 of 4 performed by the M/W/DBE(s) on this contract , by an authorized officer or employee of the City . Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal , State or Local laws concerning false statements . Any failure to comply with this ordinance and create a material breach of c~t-n1ay result in a determi · n of an irresponsible Offeror and barred from participating in City wo r a period of time less t one ) year. Vice President Title Environmental Safety Services, Inc Company Name 829 Latteridge Drive Address Austin , TX 78748 City/State/Zip 7 .4 James Fee Printed Signature Contact NamefTitle (if different) 1l5'<;' ~ 512) 989-259 Telephone and/or Fax jatee@essitx.com E-mail Address September 13. 2011 Date Rev . 5/30/03 PART B-PROPOSAL SCOUR AND EROSION OF ABATEMENT AT EASTCHASEPARKWAYBRIDGE OVER COTTONWOOD CREEK (2011-21) TO: T. M. HUGGINS 51 '2 -1 i 1 -:2 '). 51 FROM: (Bidder's Name) INTERIM CITY MANAGER FORT WORTH, TEXAS (:-4_., _,._A{.,,( 5-&J-, ')e:1</~-S,ltc:. bz ~ t46:$ Q .... 4,.:,t;" ry 'mtc1i (Address) For: SCOUR AND EROSION OF ABATEMENT ATEASTCHASEPARKWAYBRIDGEOVER COTTONWOOD CREEK (2011-21) TPW PROJECT NO. GGOl-539590-0202003 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans , specifications, and the site, understands the amount of work to be done and hereby proposes to do all the work and furnish all labor, equipment, arid materials necessary to fully complete the work as provided in the Plans and Specifications, and subject to the inspection and approval of the Director, Transportation and Public Works of the City of Fort Worth .. Upon acceptance of this proposal, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums to-wit: SCOUR AND EROSION OF ABATEMENT AT EASTCHASE PARKWAY BRIDGE OVER COTTONWOOD CREEK (2011-21) Pay Item No. 1. TxDOT Spec Item No. 104 Approximate Quantity Per/Unit 456 Description of Bid Item & Unit Item Prices Written in Words SY REMOVING CONC * (RIPRAP) Dollars & -------- ,--0 Cents per SY -~----- * Price should be inclusive of slope or bank protection. PROP 07-0491-(2) B -1 Unit Price Total Price $ (lJ, Ll.d _. SC OUR AND .EROSION OF ABATEMENT AT EASTCHASE PARKWAY BRIDGE OVER C O TTONWOOD CREEK {2011-21} Pay TxD OT Approximate Description of Bid Item & Unit Tota l Item Sp ec Quantity Unit Item Prices Price Price N o. Item Per/Unit W ritten in Words N o. 2. 104 47 SY REMOVING CONC $ z'c_) $ <rv-c..>- (SIDEWALKS) r~F, Dollars & N~ Cents per SY 3. 104 40 LF REMOVING CONC $1) $~- (CURB) ?=,6~,, Dollars & Cents per LF 4. 110 1488 CY EXCAVATION (CHANNEL) $ ~-s $ Z l.e 32c..J .... F6{-q,, D ollars & Centsper CY 5 . 403 1230 SF TEMPORARYSPLSHORING $ !J~ $-=r, us- (HORIZONTAL) $~ D oll ars & ErG'7 Cents per SF PR OP 07-0491-(2) B -2 SCOUR AND EROSION OF ABATEMENT AT EASTCHASE PARKWAY BRIDGE OVER COTTONWOOD CREEK {2011 -21) Pay TxDOT Approximate Description of Bid Item & Unit Total Item Spec Quantity Unit Item Prices Price Price No. Item Per/Unit Written in Words No. 6 . 403 4510 SF TEMPORARY SPL SHORING . $ /1' ~ $~1!.~z5 (SOIL NAIL) ~ .. ~ Dollars & F(i_/.z I Cents per SF 7. 1557 CY .RIPRAP (STONE $ 95" $//<.,/1-i-S- PRPTECTION) (18 IN) s~{..-r--t.c-< Dollars & Cents per CY 8. 459 410 CY GABIONS (3'x3') (GALV) ef:,0-$b«tl ko- o~ l,c..,_,,..J ~~rz Dollars & -~c__) Cents per CY -$2,cx:x) ..- 9. 40 LF CONCRETE CURB (7") $t;C) F6fr Dollars & Cents per LF PROP 07-0491-(2) B -3 Pay Item No. 10. 11. 12. 13. 14. SCOUR AND EROSION OF ABATEMENT AT EASTCHASE PARKWAY BRIDGE OVER COTTONWOOD CREEK (2011-21) TxDOT Spec Item No . 752 459 Approximate Quantity Per/Unit 47 30 2 51 1 Total Bid Section: Description of Bid Item & Unit Item Prices Written in Words SY CONC SIDEWALKS ( 4") x~,.(,-6e...-c Dollars & -------- EA TREE REMOVAL (4"-12" DIA) ~ ct-c. "::,e-~ c>..c.('" be. ..._,/rr:,I' Dollars & --'-------- f..J c> Cents EA _ _e__ ___ _ EA PROJECT DESIGNATION SIGNS (PRE-BID ITEM) ..ea.T-'-'-w=o=hun=dr=e=d ___ Dollars & No Cents EA CY CUSTOM GABIONS (GAL V) t c.--c.> kc., ,r::/,c./ {:; 6{ z .-6r~ Dollars & PO Cents per CY _h.....:..w-=-~:..::::__rt"_-' ____ Dollars & C>-JO Cents LUMP SUM Unit Price · $ 200.00 Total Price $ 400 .00 PROP 07-0491-(2) B-4 PART B -PROPOSAL (Continued) Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Survey Bond and such other bonds as required by the Contract Documents, for the faithful performance cif the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the tin1e above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Project dated January 1, 1978 , and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400 . The Bidder agrees to begin construction within _1±_ calendar days after issue of the work order, and to complete construction within 230 calendar days as set forth in the written work order to be furnished by the Owner. Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 (Seal) If Bidder Corporation Respec Address: ...-,c-(>l_i_L_4 (/v~,Ly~}_r· __ wv\ rv ~r ?:41«& ;)_/4~ L,32-S11Lf PROP 07-0491-(2) B-5 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 SCOUR AND EROSION OF ABATEMENT AT EASTCHASE PARKWAY BRIDGE OVER COTTONWOOD CREEK (2011-21) PROJECT: GGOl-539590-0202003 Addendum No. 1 Issued: August 25, 2011 Prospective Bidders are hereby notified of the following revisions: 1. Description of Bid Item No. 8 on PROPOSAL page B-3 and 'Summary of Quantities' shall be changed from "GABIONS (3 'x3 ') (GAL V)" to "GABIONS (3 'x3 ') AND (5'x3 ') (GALV)". 2 . Revise Special Provisions -PAY ITEM 7 on Page SP 23 as ·follows: "PAY ITEM 7: RIPRAP STONE PROTECTION 08 IN): Furnish and place stone riprap as shown on the plans or as directed by the Engineer. Use boulders or quarried rock with 18" size . Both the width and thickness of each piece of riprap must be at least 1/3 of the length. The rock shall be a granite meeting Moh's hardness scale of 6 or better; or should meet the requirements ofltem No. 432.2.C of the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges; or should be acquired from TxDOT. pre approved source. This item will be measured by the cubic yard of material completed in place. Volume will be computed on the basis of the measured area in place and the thickness. This price is full compensation for furnishing, hauling, and placing riprap, equipment, labor, tools, and incidentals." 3. Appendix D -Page 3 of 4, revise as follows: Add new note under, "General Notes", as follows: "2. Size of anchor plate will be maximized based on soil nail spacing." Please acknowledge receipt of this addendum by inserting signed copy of same into your proposal at time of bidding. Fail return a signed copy of this addendum shall be grounds of rendering the bid non- CEIPT ACK.NO By: __ ft£~---- Tariqul Islam, Project Manager • II XII X !Ir CW.VANIZED STEEi. · ANCHOR PlATE 311 KSI OR BETTER · 8'TEB. BAA 10 PROTRUOE FROM !WION FACE . I '!I GAIIION WALL SOIL NAIL ANCHOR ASSEMBLY N.T.S GENEJIAL N01EI: . 1. COHmAC10R B R!IPDNll~l'CR DEBlllN OF lll10RTCRETE. &_ ~~ FORT WORTH, TEXAS DRAWN ff. SRI'. --~------------------...... APPROVED~ RAB 11111.'1 D,Q1!: 11215121111 Do\lE BY REV REVISION 111215111 RAB 1 REVISE OEM!lW. NCJTE KBR EnglnNnld by KBR Tachnlcal ServlcN, Inc ,__ Reglatratlon. z,{17 EASTCHASE PKWY IW3E a OF 4 CONTRACTMABER: ·0001-'!39'HiCHl2020 ---------------- SPECIAL PROVISIONS FOR STREET AND STORM DRAIN ThfPROVEMENTS FOR: SCOUR AND EROSION OF ABATEMENT AT EASTCHASE PARKWAY -BRIDGE OVER COTTONWOOD CREEK (2011-21) PROJECT ID: GGOl-539590-0202003 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following bridge: Eastchase Parkway Bridge over Cottonwood Creek. Work includes the following: Temporary special shoring (soil nail), stone protection, gabions, etc. And all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. 2. AW ARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder of the Base Bid (Section A). The City Engineer shall evaluate and recommend to the City Council the best bid which is considered to be in the best interest of the City. Bidders are hereby informed that the Director of the Department ofTPW reserves the right to evaluate and recommend to the City Council the best bid that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer, and City -City shall meet at the call of the City for a preconstruction conference before any of its work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. As used herein, the term "Engineer" shall mean the design engineer who prepared and sealed the plans, specifications and contract documents for this project. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to .these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer or a commercial dump . SP-1 During construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion , segment or sheets from the contract documents at any time . Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids as appropriate and as determined by the Director of the Department of Engineering. 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor will receive payment (minus 10% retainage for contracts which are less than $400,000 or minus 5% retainage for contracts which are $400,000 or greater) twice a month for work completed during the pay periods ending on the 15 th and the 30th day of each month. Checks will be sent to the contractor within the two (2) week window following each payment period. Payment of the remaining amount shall be made with final payment and upon acceptance of the project. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects , such as conditions imposed by the Plans, the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item or work, the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes . All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by TxDOT Item No. l 00 "Preparing Right of Way" and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements ofltem 7, "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". 11. WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the rates be paid as attached. 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the SP-2 Contractor 's responsibility to verify location of adj ac ent and /or co nflicting utilities sufficientl y in adv ance of con struction in o rder that he may negoti ate s uch local adju stments as a re neces sary in the con struction process in ord er to pro v ide adequate cl earance. The Contractor s hall ta ke all nec e ssary preca ution s in ord er to protect a ll services encountered. Any damage to utilities and a ny losses to the utility due to di srupti on of serv ic e re s ultin g from the C o ntractor 's o perations s hall be at the Contracto r's ex pe nse . 13. PARKWAY CONSTRUCTION: During the con struction of this proj ect, it w ill be required that all parkway s be excavated and shaped at the same time the ro adw ay is excavated. Excess ex cavation will be dispo sed of at locations appro ve d by the Director of the Departme nt of engine ering. 14. MATERIAL STORAGE : Material s hall not be stored on private property unl es s the Contractor has obtained permis s ion from the property owner and the City. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS : The Contractor s hall take adequ ate measures to protect a ll ex istin g structures, improve me nt s and utilities, which may be encountered. The utility lines and conduits shown on the plans are for information only and a re not guaranteed by the City or the En gineer to be accurate as to extent, location and depth , they are s hown on the plans as the best information avail able at the time of desi gn , from the Owners of the utiliti es in volved and from evidences found on the ground. 16. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. The City also reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus(±) 25% of the contract award. The contractor is not entitled to any additional compensation or renegotiation of individu a l pay item bid prices . 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend , at its own expense, the City, its officers, servants and employees , from and against any and all claims or suits for property loss, property damage, personal injury , including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents , employees, subcontractors, licensees or invitees , whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. SP-3 In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment s hall not be made until Contractor either (a) submits to City sat isfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance ca1Tier. The Director may, if deemed appropriate, refuse to acce pt bid s on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 18. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may hav e on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and women business enterprises in City contracts . The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within fine (5) city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE . The misrepresentation of acts ( other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation ( other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good faith effort", shall result in a bid being rendered non-responsive to specifications. SP-4 Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non-responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contract shall : a. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid; and, b. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, c. Submit a REQUEST FOR AP PROV AL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: (1) Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. (2) Failure of Subcontractor to provide required general liability of other insurance. (3) Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. (4) Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. SP-5 Within ten (10) days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed. No more than seven days shall elapse after completion of construction before the roadway and R.OW. is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. 21. SITE RESTORATION AND DAMAGE TO PRIVATE PROPERTY: The Contractor shall be responsible for restoring the site to original or better conditions after completion of his operations subject to approval of the Owner. Replacement shall be in kind or better. At the Contractor 's discretion, digital photos may be taken of existing conditions for documentation. The burden of proof as to pre-project site conditions is the sole responsibility of the Contractor. The Contractor shall immediately repair or replace any damage to private property, including but not limited to fences, walls, pavement, and water and sewer services, at no cost to the Owner. All costs for site restoration, repair or replacement to private property and documentation shall be considered subsidiary to the project contract price and no additional payment will be allowed. 22. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage: a. DEFINITIONS: Certification of coverage ("Certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, OR TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, City-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does SP-6 not include activities unrelated to the project, such as food/beverage vendors , office supply deliveries, and delivery of portable toilets. b. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a ce11ificate of coverage to the governmental entity prior to being awarded the contract . d. If the coverage period shown on the Contractor's current ce11ificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: ( 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all SP-7 employees of the person providin·g services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period , a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain fonn each other person with whom it contracts , and provide to the Contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; c. retain all required certificates of coverage on file for the duration of the project and for one year thereafter. d. Notify the governmental entity in writing by certified mail or personal delivery, within ten ( 10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and e. contractually require each person with whom it contracts, to perform as required by paragraphs (1 )-(7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions . k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker SP-8 population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee . Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 23. SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work to be performed under this Contract, the Contractor shall: a. Comply with the safety standards provisions of applicable laws, building and construction codes and the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596 and subsequent amendments), and the requirements of Title 29 of the Code of Federal Regulations, Section 1910 or 1926 as applicable . b. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. The attention of the Contractor is directed to the Requirements (including permitting and recording) of the Confined Space Entry Regulations that are under OSHA 24. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No · substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to "substitutions" shall be applicable to all sections of these specifications SP-9 25. MECHANICS AND MATERIALMEN'S LIEN : The Contractor shall be required to execute a release of mechanics and material men's liens upon receipt of payment. 26. CONSTRUCTION SCHEDULE: It shall be the re s pon s ibility of the Contractor to furnish the Construction Engineer prior to construction a schedule outlining anticipated time each phase of construction will begin and be completed, including clean up time 27. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or pennits obtained on this project within sixty (60) days of advertisement of this project. The work order for su bject project will not be issued until all utilities, right-of-ways, easements and/or permits are cleared or obtained . The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 28. ZONING REQUIREMENTS : During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes 29. CONTRACT TIME: The Contractor agrees to complete the Contract within the allotted number of calendar days. If the Contractor fails to complete the work within the number of days specified, liquidated damages shall be charged, as outlined in Part I , item 8, Paragraph 8.6 , of the "General Provisions" of the Standard Specification for Street and Storm Darin Construction of the City of Fort Worth, Texas. The contract time will be counted from the date set at the pre-construction conference and will continue until a time the inspector determines the project as ready for a final inspection . At that time a final inspection will be scheduled. If in the opinion of the inspector the project has not been made ready, the final inspection will be cancelled and time will continue to be counted . A five day period is required for the rescheduling of a final inspection. The Contractor also agrees to complete the final punch list within fourteen (14) calendar days after receiving it. If the Contractor fails to complete the work within fourteen (14) calendar days, the counting of the number of days to complete the Contract will resume and liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specification for Street and Strom Drain Construction of the City of Fort Worth, Texas. 30. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 31. CONSTRUCTION SPECIFICATIONS : This contract and project are governed by the three following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH SP-10 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTIONS NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS TEXAS STANDARD SPECIFICATION FOR CONSTRUCTION & MAINTENANCE OF HIGHWAYS, STREETS AND BRIDGES, TEXAS DEPARTMENT OF TRANSPORTATION A copy of the City specifications may be purchased at the Office of the Transportation and Public Works Department, 1000 Throckmorton Street, 2°d Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document. 32. CONTRACT DOCUMENTS: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "nonresponsive" and rejecting bids or voiding contract as appropriate and as determined by the Assistant Director of the Department of Transportation and Public Works 33. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project and will be required to replace at his expense any part or the entire project which becomes defective due to these causes. 34. TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "TxDOT 2006 Texas Manual on Uniform Traffic Control Devices". 35. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Department of Engineering and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his perfonnance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. SP -11 36. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing ban-icades. Construction signing and barricades shall conform to "2 006 TxDOT Texas Manual on Uniform Traffic Control Devices ." 37. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the dispo s ing of any s poil/fi ll material, the Contractor shall advise the Director of the Department of Transportation and Public Works acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to di spose of such material. Contractor shall not di s pose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 38. QUALITY CONTROL TESTING: The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. a. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. b. Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. SP -12 - c. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. d. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall spec ify the name of the pit supplying the fill material. 39. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 40. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: a. A warning sign not less than five inches by seven inches , painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs , pile drivers , hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING-UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." b. Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. c. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. d. The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. e. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph ( c ). 41. WATER DEPARTMENT PRE-QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. SP -13 - - - 42. RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books , documents , papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits . Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall , under the expiration of three (3) years after final payment under the s ubcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. City shall give subcontractor reasonable advance notice of intended audits. Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies as follows: ( l) 50 copies and under (2) More than 50 copies $0 . l O per page. $0.85 for first page plus $0.15 for each page thereafter. "Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits." 43. CONSTRUCTION STAKES: Perform construction staking according to Item 5.6. Construction Surveying. TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges (2004). Use method C. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. SP -14 - 44. LOCATION OF NEW WALKS AND DRIVEWAYS : The Contractor will make every effo1t to protect existing trees within the parkway, with the approval of the engineer the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees . 45. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to in s ure that the Contractor is responsive when notified of unsatisfactory performance a nd /or of failure to maintain the contract schedule , the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi- monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: a. A letter will be mailed to the Contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the Contractor receives such a letter, the Contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time . b. The Project Manager and the Directors of the Department of Engineering, Water Department, and Depa1tment of Transportation and Public Works will be made aware of the situation . If necessary, the City Manager 's Office and the appropriate city council members may also be informed. c. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. d. Upon receipt of the Contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. e. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 46. AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS" typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31 , with 6:00 a.m . -10:00 a.m . being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HA VE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. SP -15 .... - The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will iss ue the Air Pollution Watch by 3:00 p .m . on the afternoon prior to the WATCH day. On des ign ated Air Pollution Watch Days , the Contractor shall bear the re s pon sibility of being aware that such days have been desi gnated Air Pollution Watch Days and as s uch sha ll not be g in work until 10:00 a.m. w hen ever construction phasing requires the use of motorized equipment for period s in excess of l hour. However, the Co ntractor may begin work prior to I 0:00 a.m . if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diese l (ULSD), dies e l emulsions, o r a lternative fuels s uch as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m . -6:00 p.m., on a de s ignated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a g iv en month." 47. CONSTRUCTION NON-PAY ITEMS: NON-PAY ITEM !:CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwi se provided for shall be removed under this item in accordance with Standard Specification Item l 02 , "Clearing and Grubbing" or TxDOT Item 100 , "Preparing Ri ght of Way". However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM 2:SPRINKLING FOR DUST CONTROL: All a pplicable provisions of Standard Specifications Item 200, "S prinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON-PAY ITEM 3:PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor 's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association . A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. SP -16 - - To prevent the s pread of the Oak Wilt fun gus, a ll wound s on Li ve Oa k a nd Red Oak tree s s hall be imm ediate ly sealed us ing a co mm e rcial pruning paint. T hi s is th e o nl y instance when pruning paint is re commended . NON-PAY ITEM 4:PROJECT CLEAN-UP : T he Co ntractor s ha ll be a w are t hat keeping the project s ite in a neat a nd orderly co ndition is consid ered an inte g ral part o f the co ntracte d work and as s uch s hall be cons id ered s ub s idiary to the appropriate bid ite ms . Cl ean up work s hall be done as directed by the Engin eer as the w ork prog resses or as ne ed e d. If, in the opinion of the Engineer it is neces sary , clean up s hall be d o ne o n a daily basis. Cl ean up work s hall include, but no t be limited to: (1) Sweeping the street clea n of dirt or d e bris (2) Storing excess material in appropriate a nd organized manner (3) K e epin g trash o f any kind off of re s idents ' property If the En g ineer do e s not feel that the jobsit e has been kept in an orderly condition, on he next estimate payment (and all s ubsequent payments until completed) of the appropriate bid item(s) will be reduced by 25 %. Final cleanup work s hall be done for this project as s oon as the paving and curb and g utter has been constructed. No more than s even days shall elaps e after completion of construction before the roadway and right-of-way is c leaned up to the satisfaction of the Engineer. · NON-PAY ITEM 5: PROJECT SCHEDULE: C ontractor shall be re sponsible for producing a project schedule at the pre-construction conference . This s chedule s hall detail all phases of construction, including project cl ean up, and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval s ecured from the Construction Engineer. However, contract time will start even if the project s chedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered s ubsidiary to this contract. NON-PAY ITEM 6: NOTIFICATION OF RESIDENTS: In order to cut down on the number of complaints from residents due to the dust generated when saw-cutting joints in concrete pavement, the Contractor shall notify residents , in writing, at least 48 hours in advance of saw-cutting joints during the construction of paving projects . All costs involved with providing such written notice shall be considered subsidiary to this contract. NON-PAY ITEM 7: PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: Prior to beginning construction on any block in the project, the Contractor shall , on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows : a. The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following SP -17 information: Name of Project, DOE No., Scope of Project (i .e . type of construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre-construction notification ' flyer is attached. b. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition , a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed . The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made . NON-PAY ITEM 8: SA WCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing shall be subsidiary to the unit cost of the respective item. NON-PAY ITEM 9: LOCATION AND EXPOSURE OF MANHOLES AND WATER VALVES: The Contractor shall be responsible for locating and marking all previously exposed manholes and water valves in each street of this contract before the recycling process commences for a particular street. a. The Contractor shall attempt to include the construction engineer (if he is available) in the observation and marking activity. [n any event a street shall be completely marked a minimum to two (2) working days before recycling begins on any street. Marking the curbs with paint is a recommended procedure. b. It shall be the Contractor's responsibility to notify the utility companies that he has commenced work on the project. As the recycling is completed (within the same day) the Contractor shall locate the covered manholes and valves and expose them for later adjustment. Upon completion of a street the Contractor shall notify the utilities of this completion and indicate that start of the next one in order for the utilities to adjust facilities accordingly. The following are utility contact persons: SP -18 - Company Telephone Number Contact Person SBC -Telephone 817-338-6202 Mr. Gary Tillory 214-384-3732 Cell TXU Electric Delivery: Downtown 817-215-6424 Mr. Scott King Other than Downtown 817-215-6688 Mr. Robert Martinex Atmos Energy-Despatch 1-800-460-3030 CFW -Street Light 817-392-7738 Mr. James Turner CFW -Light Signal 817-392-2538 Mr. Frank Brock 817-392-2535 Mr. Monte Wilson CFW -Pavement Marking 817-392-8107 Mr. Chuck Snyder CFW -Storm Drain 817-392-5196 Mr. Juan Cadena CFW -Water 817-212-2699 817-925-2360 Cell Mr. Roger Hauser CFW -Sewer 817-212-2699 817-944-8399 Cell Mr. Rick Davis c. Under the terms of this contract, the Contractor shall complete adjustment of the storm drain and Water Department facilities, one traffic lane at a time within five (5) working days after completing the laying of proposed H.M.A.C. overlay adjacent to said facilities. d. Any deviation from the above procedure and allotted working days may result in the shut down of the recycling operation by the Construction Engineer. The Contractor shall be responsible for all materials, equipment and labor to perform a most accurate job and all costs to the Contractor shall be figured subsidiary to this contract. NON-PAY ITEM 10: TIE-IN INTO STORM DRAIN STRUCTURE: The cost for making lateral tie-ins to the storm drain structure shall be subsidiary to the bid price for the respective lines. NON-PAY ITEM 11: SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section. No other compensation will be provided. NON-PAY ITEM 12: FEE FOR STREET USE PERMITS AND RE- INSPECTIONS: SP-19 - A fee for street use permits is in effect. In addition, a sep a rate fee for re-inspections for parkway construction , such as driveways , sidewalks , etc ., will be required . The fees are as follows: a. The street permit fee is $75.00 per permit with payment due at the time of permit application. b. A re-inspection fee of $25.00 will be assessed when .work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection . c. Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. NON-PAY ITEM 13: TRAFFIC CONTROL: The Contractor will be required to obtain a "Street Use Permit" prior to starting work. As part of the "Street Use Permit" a traffic control plan is required. The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "2006 TxDOT Texas Manual on Uniform Traffic Control Devices" this includes a pedestrian plan for closing and reconstructing the sidewalks. A traffic control plan shall be submitted for review to Mr. Charles R . Burkett, City Traffic Engineer at (817) 392-8712, at the pre-construction conference . Although work will not begin until the traffic control plan has been reviewed, the Contractor's time will begin in accordance with the time frame established in the Notice to the Contractor. The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, (Phone Number 871-7738) to remove the sign. In the case of regulatory signs, the Contractor must replace the pennanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." NON-PAY ITEM 14: WATER TESTING PAVEMENT: The Contractor shall test all proposed paving for water ponding. If ponding in any spot exceeds 1/.i'', the Contractor shall replace affected pavement or provide other approved modifications (grinding, etc.) so that no ponding areas exceed a maximum of 114" depth. SP-20 - 48. CONSTRUCTION PAY ITEMS: PAY ITEM 1: REMOVING CONCRETE RIPRAP: Contractor shall remove any type of existing concrete riprap from locations shown on the plans. Use south side channel excavation (Pay ftem No. 4) as shown on the plans to build slope protection and a working platform to remove concrete riprap. If necessary material from outside can be borrowed to build bank stabilization and a working platform, it should be considered subsidiary to Pay Item No. l. The slope protection shall be at a minimum of l: l slope conforming to OSHA 1926 subpart P, Class B soil. Restrict each increment to 3 .5' and install soil nails. Construction sequence shall be a top down construction technique . The removed (exposed) area shall be 40' longitudinally maximum. Removed material shall be haul-off to a suitable dumpsite on the same day. Material used to build slope protection and a working platform should be removed once work is done. For specifications governing these items, see Item No. 104 of the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges ( enclosed). The unit price bid per square yard shall be full compensation for all slope or bank protection installation, manipulation and removal, labor, material, equipment, supplies, and incidentals necessary to complete the replacement work. PAY ITEM 2: REMOVING CONCRETE SIDEWALK: This pay item shall include the removal of any type of existing concrete sidewalk from locations the shown on the plans. Removed material should be haul-off to a suitable dumpsite on same day. Barricades required to perform this activity will be considered subsidiary to this item. For specifications governing these items, see Item No. l 04 of the Texas Department of Transportation, Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges ( enclosed). The unit price bid per square yard shall be full compensation for all labor, material, equipment, supplies, and incidentals necessary to complete the replacement work. PAY ITEM 3: REMOVING CONCRETE CURB: This item shall be completed in accordance with Item No. 104 of the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges ( enclosed). Barricades required to perform this activity will be considered subsidiary to this item. The unit price bid per linear feet will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. PAY ITEM 4: EXCAVATION (CHANNEL): Excavate areas as shown on the plans or as directed by the Engineer. This item shall be completed in accordance with Item No. 110 of the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges (enclosed). This material can be used to construct the bank or slope protection discussed in Pay Item 1. This item will be measured by the cubic yard in its original position as computed by the method of average end areas. SP -21 The work performed and materials furnished in accordance with this Item will be paid for at the unit price bid for "Channel Excavation" This price is full compensation for authorized excavation; drying; undercutting subgrade and reworking or replacing the undercut material in rock cuts; hauling; disposal of material not used elsewhere on the project; scarification and compaction ; and equipment, labor, materials, tools, and incidentals. PAY ITEM 5: TEMPORARY SPECIAL SHORING (HORIZONTAL): Furnish and install temporary shoring to hold the surrounding earth, water, or both out of the work area on the horizontal surface as shown on the plans or as directed by the Engineer. Shotcrete shall be used as a material for temporary special shoring. Contractor is responsible for design of shotcrete. Shotcrete shall be designed to achieve a minimum compressive strength of 3,600 pounds per square inch in twenty-eight (28) days and shall have minimum of 0.21 lb/sq.ft of welded wire mesh as reinforcement. For materials and construction specifications, see Item No. 403 of the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets , and Bridges ( enclosed). This Item will be measured by the square foot of surface area of the horizontal protected width. Shoring projecting beyond the specified vertical face will not be measured. The work performed and materials furnished in accordance with this Item and measured as mentioned above will be paid for at the unit price bid for "Temporary Special Shoring." This price is full compensation for excavation and backfill; furnishing, placing and removing shoring, sheeting, or bracing; dewatering or diversion of water; jacking and jack removal; and equipment, labor, materials, tools, and incidentals. No payment will be made for special shoring made necessary by the selection of an optional design or sequence of work that creates the need for shoring. PAY ITEM 6: TEMPORARY SPECIAL SHORING (SOIL NAIL}: Furnish and install soil nail shoring to hold the surrounding earth, water, or both to stabilize the north bank as shown on the plans or as directed by the Engineer. For specifications governing these items, see Item No. 403 of the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges ( enclosed). Contractor is responsible for soil nail and shotcrete design. Shotcrete shall be designed to achieve a minimum compressive strength of 3,600 pounds per square inch in twenty-eight (28) days and shall have minimum of 0.21 lb/sq.ft of welded wire mesh as reinforcement. Designed soil nail anchors should meet the following minimum requirements: 6" hole diameter and No. 6, Grade 60, epoxy-coated, Dywidag threadbar steel, or equivalent. Soil nails should have a minimum 6" clear cover from any obstruction. This design shall be for permanent soil nails only. Follow the design directions given in the enclosed Geotechnical Report on page 7. Global stability calculations are required. This Item will be measured by the square foot of surface area of a vertical plane at the face of the shoring between the top of the ground being supported and the minimum protection grade line shown on the plans. SP-22 This price is full compensation for excavation and backfill; furnishing and placing soil nail shoring; shotcrete; dewatering or diversion of water; jacking and jack removal; and equipment, labor, materials, tools, and incidentals. PAY ITEM 7: RIPRAP STONE PROTECTION {18 IN): Furnish and place stone riprap as shown on the plans or as directed by the Engineer. Use boulders or quarried rock with 18" size. Both the width and thickness of each piece ofriprap must be at least 1/3 of the length. The rock shall be a granite meeting Moh's hardness scale of 6 or better. This item will be measured by the cubic yard of material completed in place. Volume will be computed on the basis of the measured area in place and the thickness. This price is full compensation for furnishing, hauling, and placing riprap, equipment, labor, tools, and incidentals. PAY ITEM 8: GABIONS GAV ANIZED {S'X 3'X 3' and 3'X 3'X 3'): Furnish and install 5 'x 3 'x 3 ', and 3 'x 3 'x 3' galvanized gabions as shown on the plans or as directed. This item shall be completed in accordance with Item No. 459 of the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges (enclosed). Joints of gabions shall be staggered. Gabions will be measured in place by the cubic yard of stone-filled gabions. The price bid is full compensation for wire baskets, stone fill, lacing and fasteners, filter fabric, filter material, excavation, grading and backfill, materials, tools, equipment, labor, and incidentals, and hardware connections between the gabions and soil nail anchor. Filter fabric and filter material, if used, will not be paid for directly but will be considered subsidiary to this Item. PAY ITEM 9: CONCRETE CURB {7"): Furnish and install concrete curb as shown on the plans or as directed by the Engineer. For specifications governing these items, see Texas Department of Transportation Standard Specifications for Street and Storm Drain Construction, City of Fort Worth, Item No.502, "Concrete Curb and Gutter", shall apply except as follows: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited no more than thirty (30) minutes after the concrete in the slab is placed. In situations where details for curb not provided, match existing curb. The Contractor shall backfill behind the curb at finished grade within seven (7) calendar days of pouring the curb. Cost of back filling, top soil, sodding and grading behind curb shall be included in this pay item. Existing improvements within the parkway such as water meters, sprinkler system, etc., if damaged during construction, shall be replaced with same or better at no cost to the City. Required backfilling and finishing grade behind the curb shall be completed in order for the curb to be accepted and measured as completed. The unit price bid per linear feet will be full compensation for all labor, materials, equipment, tools, and incidentals necessary to complete the work. SP-23 PAY ITEM 10: CONCRETE SIDEWALKS {4"): This item shall be completed in accordance with Street and Storm Drain Construction, City of Fort Worth, Item No . 504 "Concrete Sidewalk and Driveways". In situations where details for sidewalk not provided, match existing sidewalk. All concrete shall be designed to achieve a minimum compressive strength of 3,000 pounds per square inch in seven (7) days .. Reinforcement for concrete sidewalks should be #3 bars at 18 '' center to center both ways. The unit price bid per square yard shall be full compensation for all labor, material, equipment, supplies, and incidentals .. PAY ITEM 11: TREE REMOVAL {4"-12" DIA): This pay item shall include removal and disposal of trees, brush, shrubs , and vines. For specifications governing these items, see Item No. 752 of the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets , and Bridges (enclosed). The work performed in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Tree Removal" of the diameter specified, "Tree Trimming," "Brush Removal," and "Tree Trimming and Brush Removal." This price is full compensation for removal, trimming, disposal, equipment, traffic control, labor, and incidentals. PAY ITEM 12: PROJECT DESIGNATION SIGNS {PRE-BID ITEM): The Contractor shall construct and install Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of%'' fir plywood, grade A-C .( exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. PAY ITEM 13: CUSTOM GABIONS GALVANIZED: Furnish and install custom galvanized gabions as shown on the plans or as directed. Exposed face of gabion should be chamfered to match the proposed grade line. This item shall be completed in accordance with Item No. 459 of the Texas Department of Transportation Standard SP-24 Specifications for Construction and Maintenance of Highways , Streets , and Bridges ( enclosed). Gabions will be measured in place by the cubic yard of stone-filled gabions. The price bid is full compensation for wire baskets, stone fill, lacing and fasteners, filter fabric, filter material, excavation, grading and backfill, materials, tools , equipment, labor, and incidentals. Filter fabric and filter material, if used, will not be paid for directly but will be considered subsidiary to this Item. PAY ITEM 14: SW3P: a. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures as designed in the SW3P and all implementations per the guidance identified in the Army Corps of Engineers (ACOE) nationwide permit 3 (NWP 3). The contractor shall furnish a SW3P design and implementation plan stamped by a Professional Geologist or Professional Engineer. The SW3P installation, maintenance and documentation of adherence to EPA and TCEQ requirements shall be performed . These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations . Special care should be taken while performing activities in a live stream. The temporary measures may include temporary cofferdam, dikes, berms, sediment basins , fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners , rubble liners, baled-hay retards, dikes , slope drains and other devices. b. CONSTRUCTION REOUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water course, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary cofferdams, berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule . Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. SP-25 (1) Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. (2) Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. (3) Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. ( 4) When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. (5) All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not part of the finished work. (6) The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. c. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil-erosion- control work and his plan to keep the area of erodible-earth material to a minimum. He shall also submit for acceptance his proposed method of soil- erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. b. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control and all implementations per the guidance identified in the NWP 3 shall be paid as a lump sum amount. SP-26 ITEM 104 REMOVING CONCRETE 104.1. Description. Break, remove, and salvage or dispose of existing hydraulic cement concrete. 104.2. Construction. Remove existing hydraulic cement concrete from locations shown on the plans. A void damaging concrete that will remain in place. Saw-cut and remove the existing concrete to neat lines. Replace any concrete damaged by the Contractor at no expense to the Department. Unless otherwise shown on the plans, accept ownership and properly dispose of broken concrete in accordance with federal, state, and local regulations. 104.3. Measurement. Removing concrete pavement, floors, porches, patios, riprap, medians, foundations, sidewalks, driveways, and other appurtenances will be measured by the square yard (regardless of thickness) or by the cubic yard of calculated volume, in its original position. Removing curb , curb and gutter, and concrete traffic barrier will be measured by the foot in its original position. The removal of monolithic concrete curb or dowelled concrete curb will be included in the concrete pavement measurement. Removing retaining walls will be measured by the square yard along the front face from the top of the wall to the top of the footing. This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9 .2, "Plans Quantity Measurement." Additional measurements or calculations will be made if adjustments of quantities are required. 104.4. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Removing Concrete" of the type specified. This price is full compensation for breaking the concrete; loading, hauling and salvaging or disposing of the material; and equipment, labor, tools, and incidentals. Removing retaining wall footings will not be paid for directly, but will be considered subsidiary to this Item. ITEM 110 EXCAVATION 110.1. Description. Excavate areas as shown on the plans or as directed. Remove materials encountered to the lines, grades , and typical sections shown on the plans and cross-sections. 110.2. Construction. Accept ownership of unsuitable or excess material and dispose of material in accordance with local, state, and federal regulations at locations outside the right of way. Maintain drainage in the excavated area to avoid damage to the roadway section. Correct any damage to the subgrade caused by weather, at no additional cost to the Department. Shape slopes to avoid loosening material below or outside the proposed grades . Remove and dispose of slides as directed. A. Rock Cuts. Excavate to finish subgrade. Manipulate and compact subgrade in accordance with Article 132.3.D, "Compaction Methods," unless excavation is to clean homogenous rock at finish subgrade elevation. If excavation extends below finish sub grade, use approved embankment material compacted in accordance with Article 132.3.D to replace undercut material at no additional cost. B. Earth Cuts. Excavate to finish subgrade. In areas where base or pavement structure will be placed on subgrade, scarify subgrade to a unifonn depth at least 6 in. below finish subgrade elevation. Manipulate and compact subgrade in accordance with Article 132.3 .D, "Compaction Methods." If unsuitable material is encountered below sub grade elevations, take corrective measures as directed. Drying required deeper than 6 in. below subgrade elevation will be paid for in accordance with Article 9.4, "Payment for Extra Work." Excavation and replacement of unsuitable material below subgrade elevations will be perfonned and paid for in accordance with the applicable bid items. However, if Item 132, "Embankment," is not included in the Contract, payment for replacement of unsuitable material will be paid for in accordance with Article 9.4. C. Subgrade Tolerances. For turnkey construction, excavate to within 1/2 in. in cross-section and 1/2 in. in 16 ft. measured longitudinally. For staged construction, excavate to within 0.1 ft. in cross-section and 0.1 ft. in 16 ft. measured longitudinally. 110.3. Measurement. This Item will be measured by the cubic yard in its original position as computed by the method of average end areas. This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal unless modified by Article 9 .2, "Plans Quantity Measurement." Additional measurements or calculations will be made if adjustments of quantities are required. Limits of measurement for excavation in retaining wall areas will be as shown on the plans. Shrinkage or swelling factors will not be considered in determining the calculated quantities. 110.4. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Excavation (Roadway)," "Excavation (Channel)," "Excavation (Special)," or "Excavation (Roadway and Channel)." This price is full compensation for authorized excavation; drying; undercutting subgrade and reworking or replacing the undercut material in rock cuts; hauling; disposal of material not used elsewhere on the project; scarification and compaction; and equipment, labor, materials, tools, and incidentals. When a slide not due to the Contractor's negligence or operation occurs, payments for removal and disposal of the slide material will be in accordance with Article 9.4, "Payment for Extra Work." Excavation in backfill areas of retaining walls will not be measured or paid for directly but will be subsidiary to pertinent Items. ITEM403 TEMPORARY SPECIAL SHORING 403.1. Description. Furnish and install temporary shoring to hold the surrounding earth, water, or both out of the work area. 403.2. Materials. Furnish new or used materials. When using temporary mechanically stabilized earth (MSE) walls, furnish materials that comply with the requirements ofltem 423, "Retaining Walls." 403.3. Construction. Unless complete details are included in the plans, the Contractor is responsible for the temporary special shoring design. Submit details and design calculations bearing the seal of a licensed professional engineer before constructing the shoring. The Department reserves the right to reject designs. Design the shoring to comply with OSHA Standards and Interpretations, 29 CFR 1926, Subpart P, "Excavations." Design structural systems to comply with AASHTO Standard Specifications for Highway Bridges or AASHTO LRFD Bridge Design Specifications. Design shoring subject to railroad loading to comply with the AREMA Manual for Railway Engineering and any additional requirements of the railway being supported. Provide vertical or sloped cuts, benches, shields, support systems, or other systems to provide the necessary protection in accordance with the approved design. Construct temporary MSE walls, when used, in accordance with the requirements of Item 423, "Retaining Walls." 403.4. Measurement. This Item will be measured by the square foot of surface area of a vertical plane at the face of the shoring between the top of the ground being supported and the minimum protection grade line shown on the plans. If no minimum protection grade is shown on the plans, the lowest required excavated elevation will be used. Shoring projecting above the level of the ground being supported will not be measured. When excavation techniques ( e.g., sloped cuts or benching) are used to provide the necessary protection, the surface area for payment will be calculated based on the area described by a vertical plane adjacent to the structure. 403.5. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Temporary Special Shoring." This price is full compensation for excavation and backfill; furnishing, placing and removing shoring, sheeting, or bracing; dewatering or diversion of water; jacking and jack removal; and equipment, labor, materials, tools, and incidentals. No payment will be made for special shoring made necessary by the selection of an optional design or sequence of work that creates the need for shoring. ITEM 459 GABIONS AND GABION MATTRESSES 459.1. Description. Furnish and install gabions and gabion mattresses. 459.2. Materials. This Item uses the following tenns: • Gabion. A wire fabric or mesh container, filled with stone, with a height of 1 ft. or greater. • Gabion Mattress. A wire fabric or mesh container filled with stone and with a height of 6, 9, or 12 in. Referred to as "revet mattress " in ASTM A 975. Furnish welded wire gabions and gabion mattresses in accordance with ASTM A 974. Furnish Style 1 or 2 when galvanized wire coating is specified or Style 5 when PVC wire coating is specified. Furnish twisted wire gabions and gabion mattresses in accordance with ASTM A 975. Furnish Style 1 when galvanized wire coating is specified or Style 3 when PVC wire coating is specified. Furnish producer or supplier certification that wire baskets, stiffeners, lacing wire, and spiral connectors conform to the applicable ASTM specification. If alternative wire fasteners are proposed, furnish producer or supplier certification that the fasteners conform to the strength requirements in Table 1 when tested in accordance with the applicable ASTM specification . Submit certification for approval before beginning work. Table 1 l\Iinimum Panel-to-Panel ConnMtion StnnO'th ·-Annlkation S trength <lb/ft) Gabions. galv anized 1,400 Gabions. PVC-coated 1.200 Gabion mattress, galvaniz.ed. an.d PVC-coated 700 Provide filler stone consisting of clean, hard, durable stone that does not contain shale, caliche, or other soft particles. Stone appearing to contain such particles will be tested for soundness. Stone with 5-cycle magnesium sulfate soundness of more than 18% when tested in accordance with Tex-411-A will be rejected. Use stones that are between 4 and 8 in. in their least dimension for gabions and between 3 and 6 in. for gabion mattresses. Prevent contamination when storing and handling stone. Provide Type 2 filter fabric when required in accordance with DMS-6200, "Filter Fabric." Provide filter material when required consisting of hard, durable, clean sand or gravel with a maximum particle size of 3 /8 in . 459.3. Construction. At the start of construction, the gabion and gabion mattress manufacturer must have a qualified representative available for consultation as needed throughout the gabion and gabion mattress construction. A. Foundation Preparation. Excavate the foundation to the extent shown on the plans or as directed. Remove all loose or otherwise unsuitable materials. Carefully backfill all depressions to grade with suitable materials from adjacent required excavation or another approved source, and compact the backfill to a density at least equal to that of the adjacent foundation. Remove any buried debris protruding from the foundation that will impede the proper installation and final appearance of the gab ion or gabion mattress, and carefully backfill and compact voids as specified above. Immediately before gabion placement, have the Engineer inspect the prepared foundation surface . B. Filter Placement. When filter material is required, spread it uniformly on the prepared foundation surface to the slopes, lines, and grades indicated on the plans. Do not place filter material by, methods that tend to segregate particle sizes. Repair all damage to the foundation surface that occurs during filter placement before proceeding with the work. Compaction of the filter material is not required, but finish the material to present a reasonably even surface, without mounds or windrows. C. Filter Fabric Placement. When filter fabric is required, place it as shown on the plans. Any defects, rips, holes, flaws, or damage to the material may be cause for rejection. Place the material with the long axis parallel to the centerline of the structure, highway, or dam; Place securing pins in the lapped longitudinal joints, spaced on approximately 10-ft. centers. Keep the fabric material free of tension, stress, folds, wrinkles, or creases. Lap the material at least 3 ft. along the longitudinal joint of material, or lap the joints 1 ft. and sew them. Lap the ends of rolls at joints by at least 3 ft. Repair tom or punctured fabric by placing a layer of fabric over the damaged area, overlapping at least 3 ft. beyond the damaged area in all directions. Place securing pins through both strips of material at lapped joints at approximately the midpoint of the overlap. Place additional securing pins as necessary to hold filter fabric in position. Store filter fabric out of direct sunlight. After placing filter fabric, cover as soon as possible but within 3 days. D. Assembly and Installation. If PVC wire coating is specified, do not place PVC-coated materials unless the ambient temperature and the temperature of the coated wire are at least l 5°F above the brittleness temperature of the PVC. Assemble empty gabion or gabion mattress units individually, and place them on the approved surface to the lines and grades shown on the plans with the sides, ends , and diaphragms erected to ensure that all creases are in the correct position, the tops of all sides are level, and all sides that are to remain exposed are straight and plumb . Fill the basket units after transporting them to their final position in the work. Place the front row of gabion or gabion mattress units first, and successively construct units toward the top of the slope or the back of the structure. Place the initial line of basket units on the prepared surface, and partially fill them to provide anchorage against deformation and displacement during subsequent filling operations Stretch and hold empty basket units as necessary to remove kinks and provide a uniform alignment. Before filling, connect all adjoining empty gabion or gabion mattress units with lacing, wire spiral binders, or approved fasteners along the perimeter of their contact surface to obtain a monolithic structure. If lacing wire is used, provide continuous stitching with alternating single and double loops at intervals of no more than 5 in. Securely fasten all lacing wire terminals. Provide connections meeting the joint strength requirements of Article 459.2, "Materials." These requirements apply to all connections including attachment of end panels, diaphragms, and lids. Join twisted wire baskets through selvage-to-selvage or selvage-to-edge wire connection; do not use mesh-to-mesh or selvage-to-mesh wire connection except where baskets are offset or stacked, in which case join each mesh opening where mesh wire meets selvage or edge wire. Carefully fill the basket units with stone, using hand placement to avoid damaging wire coating, to ensure as few voids as possible between the stones and to maintain alignment. Machine placement of stone will be allowed if approved by the Engineer. Correct excessive deformation and bulging of the mesh before further filling. To avoid localized deformation, fill the basket units in a row in stages consisting of maximum 12-in. courses; do not at any time fill a cell to a depth exceeding 1 ft. more than its adjoining cell. Do not drop stones into the basket units from a height greater than 36 in. For gabion units more than 2 ft. high, place 2 uniformly spaced internal connecting wires between each stone layer in all front and side gabion units, connecting the back and the front faces of the compartments. Loop connecting wires or prefonned stiffeners around 2 twisted wiremesh openings or a welded wire joint at each basket face, and securely twist the wire tenninals to prevent loosening. Along all exposed faces)carefully place the outer layer of stone and arrange it by hand to ensure a neat and compact appearance . Overfill the last layer of stone uniformly by 1 to 2 in. for gabions and 1 in . for gabion mattresses to compensate for future settlement in rock while still allowing for the proper closing of the lid and providing an even surface with a uniform appearance. Make final adjustments for compaction and surface tolerance by hand. Stretch lids tight over the stone fill, using an approved lid-closing tool, until the lid meets the perimeter edges of the front and end panels. Do not use crowbars or other single-point leverage bars for lid closing. Close the lid tightly along all edges, ends, and internal-cell diaphragms with spiral binders or lacing wire or with other wire fasteners if approved. Ensure that all projections or wire ends are turned into the baskets. Where shown on the plans or directed or where a complete gabion or gabion mattress unit cannot be installed because of space limitations, cut the basket unit and fold and wire it together to suit site conditions. Fold the mesh back and neatly wire it to an adjacent basket face. Complete the assembling, installation, filling, lid closing, and lacing of the reshaped gabion or gabion mattress units in accordance with this Section. 459.4. Measurement. Gabions will be measured in place by the cubic yard of stone-filled gabions. Gabion mattresses will be measured in place by the square yard of surface area or by the cubic yard. 459.5. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Gabions" of the basket-wire coating specified, and per square yard of "Gabion Mattresses" of the thickness and basket-wire coating specified or per cubic yard of "Gabion Mattresses" of the basket-wire coating specified. The price bid is full compensation for wire baskets, stone fill, lacing and fasteners, filter fabric, filter material, excavation, grading and backfill, materials, tools, equipment, labor, and incidentals. Filter fabric and filter material, if used, will not be paid for directly but will be considered subsidiary to this Item. ITEM 752 TREE AND BRUSH REMOVAL 752.1. Description. Remove and dispose of trees, brush, shrnbs, and vines. Trim trees and shrubs . 752.2. Materials. Furnish commercially available prnning paint. 752.3. Equipment. Provide equipment necessary to complete the work. 752.4. Work Methods. Perfonn tree and brnsh removal and trimming from right of way line to right of way line or other widths and locations shown on the plans. Do not damage trees, shrnbs, and other landscape features that are to remain. Unless otherwise approved, dispose of debris within 48 hr. of cutting, off the right of way, in accordance with federal, state, and local regulations. When approved, chip debris and spread in a thin layer on the right of way. A. Tree Removal. Remove trees of various diameters as shown on the plans or as directed. Remove tree stumps to at least 12 in. below the surrounding terrain unless otherwise shown on the plans, or as directed. Backfill holes with acceptable material and compact flush with surrounding area. B. Tree Trimming. Remove dead tree limbs . Remove tree limbs to the limits shown on the plans. Make cuts. as close as possible to the trunk or parent limb without cutting into the branch collar or leaving a protruding stub. Remove suckers to the height of the lowest main branch. When removing limbs 2 in. in diameter or larger: • Undercut 1/3 way through the limb 8 to 12 in. from the main stem. • Remove limb 4 to 6 in. outside the first cut. • Remove stub with an even flush cut so that a trace ( collar) protrudes approximately 1/2 in. • Do not allow limb to fall free if it can damage other limbs or items. • Treat exposed cuts on oak trees with pruning paint within 15 min. of the cut. · When trimming oak trees and when shown on the plans, disinfect tools with 70% methyl alcohol, chlorine solution, or other approved disinfectant before moving from one tree to another. C. Brush Removal. Remove brush including but not limited to bushes, small trees, and vines growing within the right of way by cutting parallel to and within 1 in. of the ground and to the limits shown on the plans. Remove brush from under bridges, around culverts, and in channels to the limits shown on the plans. D. Channel Work. Trim trees and remove brush to the limits shown on the plans, including areas under bridges .. 752.5. Measurement. This Item will be measured as follows: A. Tree Removal. By each tree of the diameter specified. The diameter will be measured 3 ft. above the ground . Trees less than 4 in. in diameter are considered brush. Trees with multiple trunks at the point of measurement will be measured separately and paid for according to the specified diameter. B. Tree Trimming and Brush Removal. By the centerline mile . "Centerline mile" is defined as the continuous measurement along the center of the right of way. C. Tree Trimming and Brush Removal for Channels. By the acre. 752.6. Payment. The work performed in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Tree Removal" of the diameter specified, "Tree Trimming," "Brush Removal," and "Tree Trimming and Brush Removal." This price is full compensation for removal, trimming, disposal , equipment, traffic control, labor, and incidentals. When not shown on the plans as a separate pay item, payment for tree trimming and brush removal in channels will be included in payment by the centerline mile. When shown on the plans as a separate pay item, tree trimming and brush removal in channels will be paid for at the unit price bid for "Tree Trimming and Brush Removal (Channels)." The limits shown on the plans are the limits for pay purposes unless otherwise modified in accordance with Article 4.2, "Changes in the Work." GEOTECHNICAL ENGINEERING REPORT EASTCHASE EROSION MITIGATION FORT WORTH, TEXAS GEOTECHNICAL ENGINEERING REPORT Eastchase Erosion Mitigation Fort Worth, Texas Prepared by: Gorrondona & Associates, Inc. Prepared for: KBR 1807 Ross Avenue, Suite 450 Dallas, Texas 75201 Attention: Mr. Ralph Browne July 2011 G&AI Project No. 11-0221 GORRONDONA & ASSOCIATES, INC. -TEXAS ENGINEERING FIRM REGISTRATION NO. F-7933 Gorrondona & Asso ci ates , Inc. July 21, 2011 Mr. Ralph Browne KBR 1807 Ross Avenue, Suite 450 Dallas, Texas 75201 Re: GEOTECHNICAL ENGINEERING REPORT Eastchase Erosion Mitigation Fort Worth, Texas G&AI Project No. 11-0221 Dear Mr. Browne: Gorrondona & Associates , Inc. (G&AI) is pleased to submit our Geotechnical Engineering Repo rt for the above-referenced project. This investigation was performed in accordance with G&AI Proposal No. Pll-0322 dated July 15, 2011. We appreciate the opportunity to work with you on this project. We look forward to providing you with geotechnical and materials testing and inspection services during the construction phase of this project. Please contact us if you have any questions or require additional services. Respectfully submitted, Kenneth B. Riner, P.E. Director -Geotechnical, Environmental & CMT Services 8815 Solon Rd. • Suite F-5 • Houston, Texas 77064 • 281.469 .3347 • Fax 281.469 .3594 Gorrondona & Associates, Inc . -Te xas Engineering Firm Registration No . F-7933 1.0 2.0 3.0 4.0 4.1 4.2 4.3 5.0 5.1 5.2 5.3 5.4 5.5 6.0 7.0 TABLE OF CONTENTS Page Introduction ................................................................................................................... 1 Field Investigation .......................................................................................................... 2 Laboratory Testing ......................................................................................................... 3 Subsurface Conditions ................................................................................................... 4 Geology ....................................................................................................................... 4 Soil .................................................................................... .' .......................................... 4 Groundwater ............................................................................................................... 5 Analysis and Recommendations .................................................................................... 5 Seismic Site Classification ........................................................................................... 5 Construction Excavations ............................................................................................ 5 Groundwater Control .................................................................................................. 6 Earthwork .................................................................................................................... 7 Retaining Structures .................................................................................................... 7 Construction Observations ............................................................................................ 8 General Comments ........................................................................................................ 8 APPENDICES Appendix A -Project Location Diagrams Appendix B -Boring Location Diagram Appendix C -Boring Logs and Laboratory Results Appendix D -Geologic Atlas and Formation Description Appendix E -Unified Soil Classification System GEOTECHNICAL ENGINEERING REPORT 1.0 INTRODUCTION Eastchase Erosion Mitigation Fort Worth, Texas Project Location. The project is located at the bridge on Eastchase Parkway, approximately 0.07-miles north of the intersection of Eastchase Parkway and the 1-30 feeder road on the north side of the freeway, in Fort Worth, Texas. The general location and orientation of the site are provided in Appendix A -Project Location Diagrams. Project Description. The project consists of channel erosion mitigation measures along the north bridge abutment slope. The existing channel slope along the north bridge abutment has been undermined and is in need of repair. We understand a portion of the planned erosion mitigation measures will consist of the placement of 3-foot by 3-foot by 3-foot gabions along approximately 205 lineal feet of the existing channel slope. Gabions will be placed from the bottom to the top of the channel slope. We understand shotcrete will be placed between the native soils and gabions to prevent the migration of the soil through the gabions. The gabions will be tied back into the slope using soil nail anchors . We understand design and construction work will be performed per Texas Department of Transportation (TxDOT) standards. Project Authorization. This geotechnical investigation was authorized by Mr. Ralph Browne with KBR and performed in accordance with G&AI Proposal No. Pll-0322 dated July 15, 2011. Purpose and Methodology. The principal purposes of this investigation were to evaluate the general soil conditions at the proposed site and to develop geotechnical engineering design recommendations for the design of the soil nail anchors. To accomplish its intended purposes, the study was conducted in the following phases: (1) drill sample borings to evaluate the soil conditions at the boring locations and to obtain soil samples; (2) conduct laboratory tests on selected samples recovered from the borings to establish the pertinent engineering characteristics of the soils; and (3) perform engineering analyses, using field and laboratory data, to develop design criteria. Cautionary Statement Regarding Use of this Report. As with any geotechnical engineering report, this report presents technical information and provides detailed technical recommendations for civil and structural engineering design and construction purposes. G&AI, by necessity, has assumed the user of this document possesses the technical acumen to understand and properly utilize information and recommendations provided herein. G&AI strives to be clear in its presentation and, like the user, does not want potentially detrimental misinterpretation or misunderstanding of this report. Therefore, we encourage any user of this report with questions regarding its content to contact G&AI for clarification. G&AI Project No. 11-0221 Page 1 Clarification will be provided verbally and/or issued by G&AI in the form of a report addendum, as appropriate. Any necessary clarification to th is report will be provided at no charge. 2.0 FIELD INVESTIGATION The subsurface investigation for this project is summarized below. Boring locations are provided in Appendix B -Boring Location Diagram. , Jijg(f{~§-it ff[t;filit~1~f~~JJ5* B-01 and B-02 30 Notes: 1. bgs = below ground surface 2. Boring locations provided in Appendix B -Boring Location Diagram were not surveyed and should be considered approximate . Borings were located by recreational hand- held GPS unit. Horizontal accuracy of such units is typically on the order of 20-feet. Subsurface conditions were defined using the sample borings. Boring logs generated during this study are included in Appendix C -Boring Logs and Laboratory Results. Borings were advanced between sample intervals using continuous flight auger drilling procedures. Cohesive soil samples were generally obtained using Shelby tube samplers in general accordance with American Society for Testing and Materials (ASTM) D1587 . The Shelby tube sampler consists of a thin-walled steel tube with a sharp cutti ng edge connected to a head equipped with a ball valve threaded for rod connection. The tube is pushed into the undisturbed soils by the hydraulic pulldown of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency using a hand penetrometer, sealed and packaged to maintain "in situ" moisture content. The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this test a 0.25-inch diameter piston is pushed into the undisturbed sample at a constant rate to a depth of 0.25-inch. The results of these tests are tabulated at the respective sample depths on the boring logs. When the capacity of the penetrometer is exceeded, the value is tabulated as 4.5+. Granular soil samples were generally obtained using split-barrel sampling procedures in general accordance with ASTM D1586. In the split-barrel procedure, a disturbed sample is obtained in a standard 2-inch outside diameter (OD) split barrel sampling spoon driven 18- inches into the ground using a 140-pound (lb) hammer falling freely 30 inches . The number of blows for the last 12-inches of a standard 18-inch penetration is recorded as the Standard Penetration Test resistance (N-value). The N-values are recorded on the boring logs at the G&AI Project No. 11-0221 Page2 depth of sampling. Samples were sealed and returned to our laboratory for further examination and testing . Groundwater observations are shown on the boring logs. Upon completion of the borings, the boreholes were backfilled from the top and plugged at the surface . 3.0 LABORATORY TESTING G&AI performs visual classification and any of a number of laboratory tests, as appropriate, to define pertinent engineering characteristics of the soils encountered . Tests are performed in general accordance with ASTM or other standards and the results included at the respective sample depths on the boring logs or separately tabulated, as appropriate, and included in Appendix C -Boring Logs and Laboratory Results. Laboratory tests and procedures routinely utilized, as appropriate, for geotechnical investigations are tabulated below. ASTM D421 ASTM D422 ASTM D1140 ASTM D2166 ASTM D2216 ASTM D2217 ASTM D2487 ASTM D2850 ASTM D4220 ASTM D4318 ASTM D4643 Standard Practice for Dry Preparation of Soil Samples for Particle-Size Analys is and Determination of Soil Constants Standard Test Method for Particle-Size Analysis of Soils Standard Test Methods for Amount of Material in So ils Finer than the No . 200 (75-µm) Sieve Standard Test Method for Unconfined Compressive Strength of Cohesive Soil Standard Test Method for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass Standard Practice for Wet Preparation of Soil Samples for Particle-Size Analysis and Determination of Soil Constants Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System) Standard Test Method for Unconsolidated-Undrained Triaxial Compression Test on Cohesive Soil Standard Practices for Preserving and Transporting Soil Samples Standard Test Methods for Liquid Limit, Plastic Limit and Plasticity Index of Soils Standard Test Method for Determination of Water (Moisture) Content of Soil by the Microwave Oven Method Manufacturer's Soil Strength Determination Using a Torvane Instructions G&AI Project No. 11-0221 Page 3 4.0 SUBSURFACE CONDITIONS 4.1 Geology Geologic Formation. Based on available surface geology maps and our experience, it appears this site is located in Terrace deposits. A geologic atlas and formation description are provided in Appendix D -Geologic Atlas and Formation Description. Soils within the Terrace deposits can generally be characterized as sand, silt, clay and gravel in various proportions. Geologic Faults. A review of the attached geologic map indicates the nearest geologic fault is in excess of 5-miles from the project site. A geologic fault study was beyond the scope of this investigation. 4.2 Soil Stratigraphy. Descriptions of the various strata and their approximate depths and thickness per the Unified Soil Classification System (USCS) are provided on the boring logs included in Appendix C -Boring Logs and Laboratory Results. Terms and symbols used in the USCS are presented in Appendix E -Unified Soil Classification System. A brief summary of the stratigraphy indicated by the borings is provided below. 12 12 Boring Termination (30) SANDY LEAN CLAY/ CLAYEY SAND FILL- Very stiff to hard SANDY LEAN CLAY (CL) FILL and dense CLAYEY SAND (SC) FILL. Stiff SANDY LEAN CLAY (CL). Moisture Change Susceptibility of Near Surface Soils. The soils encountered at and near the ground surface at this site are very susceptible to changes in moisture. The presence of surface water due to precipitation or groundwater may result in a decrease in the ability to compact and work with the soil. It is common for these soils to pump when subjected to high levels of moisture. In addition, these soils located at and near the ground surface will allow surface water to infiltrate until the water becomes perched on a less permeable layer at depth. Soils of this type are especially prone to requiring the implementation of wet weather/soft subgrade recommendations provided in this report. G&AI Project No. 11-0221 Page4 -- Swell Potential. Atterberg (plastic and liquid) limits were performed on shallow clayey soil samples obtained at depths between 1-and 10-feet bgs. The plasticity index of the samples was between 16 and 34 with an average of 24 indicating that the soils have a moderate potential for shrinking and swelling with changes in soil moisture content. 4.3 Groundwater The borings were advanced using auger drilling and intermittent sampling methods in order to observe groundwater seepage levels. Groundwater levels encountered in the borings during this investigation are identified below. Long-term monitoring of groundwater conditions via piezometers was not performed during this investigation and was beyond the scope of this study. Long-term monitoring can reveal groundwater levels materially different than those encountered during measurements taken while drilling the borings. Future construction activities may alter the surface and subsurface drainage characteristics of this site . It is difficult to accurately predict the magnitude of subsurface water fluctuations that might occur based upon short-term observations . The groundwater level should be expected to fluctuate throughout the years with variations in precipitation. 5.0 ANALYSIS AND RECOMMENDATIONS 5.1 Seismic Site Classification The seismic site classification is based on the 2006 International Building Code {IBC) and is a classification of the site based on the type of soils encountered at the site and their engineering properties. Per Table 1613.5.2 of the 2006 IBC, the seismic site classification for this site is C. 5.2 Construction Excavations Sloped Excavations. All sloped short-term construction excavations on -site should be designed in accordance with Occupational Safety and Health Administration {OSHA) G&AI Project No. 11-0221 Page 5 excavation standards. Borings from this investigation indicated that the soils may be classified per OSHA regulations as Type B from the ground surface to a depth of 15 -feet bgs. Short-term construction excavations may be constructed with a maximum slope of 1:1, horizontal to vertical (H:V), to a depth of 15-feet bgs. If excavations are to be deeper than 15-feet, we should be contacted to evaluate the excavation. Recommendations provided herein are not valid for any long-term or permanent slopes on-site. Shored Excavations . As an alternative to sloped excavations, vertical short-term construction excavations may be used in conjunction with trench boxes or other shoring systems. Shoring systems should be designed using an equivalent flu i d weight of 95 pounds per cubic foot (pcf). Surcharge pressures at the ground surface due to dead and live loads should be added to the lateral earth pressures where they may occur. Lateral surcharge pressures should be assumed to act as a uniform pressure along the upper 10-feet of the excavation based on a lateral earth coefficient of 0.5. Surcharge loads set back behind the excavation at a horizontal distance equal to or greater than the excavation depth may be ignored. We recommend that no more than 200-feet of unshared excavation should be open at any one time to prevent the possibility of failure and excessive ground movement to occur . We also recommend that unshared excavations do not remain open for a period of time longer than 24-hours . Limitations. Recommendations provided herein assume there are no nearby structures or other improvements which might be detrimentally affected by the construction excavation . Before proceeding, we should be contacted to evaluate construction excavations with the potential to affect nearby structures or other improvements. Excavation Monitoring. Excavations should be monitored to confirm site soil conditions consistent with those encountered in the borings drilled as part of this study. Discrepancies in soil conditions should be brought to the attention of G&AI for review and revision of recommendations, as appropriate . 5.3 Groundwater Control Groundwater was encountered at depths as shallow as 16-feet bgs during the subsurface investigation. If groundwater is encountered during excavation, dewatering to bring the groundwater below the bottom of excavations may be required. Dewatering could consist of standard sump pits and pumping procedures, which may be adequate to control seepage on a local basis during excavation. Supplemental dewatering will be required in areas where standard sump pits and pumping is not effective. Supplemental dewatering could include submersible pumps in slotted casings, well points, or eductors . The contractor should submit a groundwater control plan, prepared by a licensed engineer experienced in that type of work. G&AI Project No. 11-0221 Page6 5.4 Earthwork Earthwork should be performed in accordance with applicable TxDOT standard specifications. 5.5 Retaining Structures Description . The retaining structure for this project will consist of a gabion wall with shotcrete separating the gabions from the native soil. Gabions will be tied back using soil nail anchors. Lateral Pressure . Lateral pressures on gabion wall due to soil loading can be determined using an equivalent fluid weight of 105 pounds per cubic foot (pcf). This includes hydrostatic pressure but does not include surcharge loads. The lateral load produced by a surcharge may be computed as SO percent of the vertical surcharge pressure applied as a constant pressure over the full depth of the buried structure . Surcharge loads set back behind the reta i ning structure at a horizontal distance equal to or greater than the structure height may be ignored . Recommended Soil Nail Design Parameters. Soils nail anchors should be designed per TxDOT specifications and minimum factor of safety. Specifically, soil nail anchors should meet the following minimum requirements: 6-inch hole diameter and No . 6, Grade 60, epoxy-coated, Dywidag threadbar steel, or equivalent. Soil nails should have a minimum 6-inch clear cover from any obstruction. Soil nails should be designed using a limit state equilibrium program such as Goldnail or Snail-Z. Fill and native soils encountered during this investigation were generally consistent and were predominantly sandy lean clays and, to a lesser extent, clayey sands. Based upon the soils encountered, we recommend a soil friction angle of 30 degrees and cohesion of zero be utilized for design of the soil nail anchors. Since the embankment being reinforced is along a channel, we recommend the groundwater level be assumed at the maximum anticipated channel depth. Recommended Global Stability Design Parameters . Global stability of the tied back gabion wall should be assessed and TxDOT recommended minimum factors of safety utilized (minimum global factor of safety = 1.3). Global stability should include an assessment of short-term, long-term, and rapid drawdown analysis cases . For analysis purposes, soils can be considered uniform from the ground surface to a depth of 30-feet (boring termination). We recommend a soil unit weight of 125 pcf be assumed for all analyses. For short-term analyses, we recommend a soil cohesion of 1200 psf and an soil friction angle of O degrees (undrained) be assumed. For long-term analyses, we recommend a soil cohesion of 100 psf and a soil friction angle of 30 degrees (drained) be assumed. For the rapid drawdown analysis, recommended short-term soil analysis parameters (undrained) may be assumed. G&AI Project No. 11-0221 Page7 - - Groundwater levels should be assumed to be at the maximum anticipated channel depth . Exterior loading due to traffic/structural loads should be included in the analyses. Design Review. We recommend that G&AI be retained to review wall and tieback design and global stability analyses. 6.0 CONSTRUCTION OBSERVATIONS By necessity, geotechnical engineering design recommendations are based on a limited amount of information about subsurface conditions. In the analysis, the geotechnical engi.neer must assume subsurface conditions are similar to those encountered in the borings. Anomalies in subsurface conditions are often revealed during construction. G&AI should be retained to observe earthwork and foundation installation and perform materials evaluation and testing during the construction phase of the project. This enables the geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions . Until these construction phase services are performed by the project geotechnical engineer, the recommendations contained in this report on should be considered as preliminary. It is proposed that construction phase observation and materials testing commence by the project geotechnical engineer at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner to contract directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design engineers and the geotechnical engineer. 7 .0 GENERAL COMMENTS The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of the field investigation and on the assumption that the exploratory borings are representative of the subsurface conditions throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed. If during construction, different subsurface conditions from those encountered in our borings are observed, or appear to be present in excavations, we must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. If there is a substantial lapse of time between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish grades are changed, we should be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. G&AI Project No. 11-0221 Pages - - G&AI, Inc. should be retained to review those portions of the plans and specifications for this particular project that pertain to earthwork and foundations as a means . to determine whether the plans and specifications are consistent with the recommendations contained in this report . In addition, we are available to observe construction as recommended in the report and such other field observations as might be necessary. This report has been prepared for the exclusive use of the Client and their designated agents for specific application to design of this project. We have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession pr acticing in the same or similar locality. No warranty, expressed or implied, is made or intended. G&AI Project No. 11-0221 Page9 Appendix A -Project Location Diagrams - PROJECT LOCATION DIAGRAM -GENERAL Eastchase Erosion Mitigation Eastchase Parkway, Fort Worth, Texas Project No. 11-0221 Date -7/12/2011 ) PROJECT LOCATION DIAGRAM -LOCAL Eastchase Erosion Mitigation Eastchase Parkway, Fort Worth, Texas Project No. 11-0221 Date -7/12/2011 - - Appendix B -Boring Location Diagram - ' BORING LOCATION DIAGRAM Eastchase Erosion Mitigation Eastchase Parkway, Fort Worth, Texas ) ) Project No. 11-0221 Date -7/12/2011 -..--. - - Appendix C -Boring Logs and Laboratory Results - ..., a. (.!) z 0 i'= <( (!) i'= :E z 0 iii 0 er w w (/) <( I u t;; i'.5 u ::, o<! er 0 f-- ~ (!) 0 _J 0 w (!) > w er Gorron don a & As sociate s, In c. 8815 Solon Road , Suite F-5 Hou ston , TX 77064 Teleph one: 281.469 .3347 Fax: 28 1.469 .3594 CLIENT ....,K'-"B,,,.,Rc.,_ _________________ _ PROJ EC T NUM B E R 11-0221 DATESTARTE D _7~/~13=/~1~1 ___ _ CO MPLET E D _7'-'-/..:..:13,c.c/..,_1..,__ 1 __ _ DRILLIN G CON TRACTO R._S:::.t,:.:ra,:.:te:ca:::.B""or:..::e:..._ _________ _ DRILLING ME THOD....:A....::u=ec:..r ______________ _ LOG GE D BY ~Li~n_n _____ _ CHECKED BY -'K'-"B=-=R....,__ __ _ NOT ES ____________________ _ I f-~ O....t:: w~ 0 MATERIAL DESCRIPTION SAN DY LE AN CLAY (C L) FI LL -Stiff to hard, brown. With gravel and roots to 3 feet. W ith brick pieces fr om 1 to 3 feet. SANDY L EA N CLAY (CL) - Stiff, gray . Tan a nd gray bel ow 18 .5 feet. Botto m of hol e at 30 .0 feet. w a.. >-a:: f-W w m .....12 0...:::) 2Z <( CJ) s s s s ss s s BORIN G NUMBER B-0 1 PAGE 1 OF 1 PROJECT NA ME Eastchase Erosion Mitigation PROJECT LOCATI ON Ea stchase Parkway ne ar 1-30 , Fort Wort h , TX G ROUN D ELEVAT ION HO LE S IZ E _______ _ G RO UND WATE R LEV EL S: 'SJ... AT TIME OF DRILLING 23 .0 ft _y AT EN D OF DRIL LIN G 23 .0 ft ~ 0 >-a::~ wO >0 oa:: ()~ w a:: A FTER DR ILLING CJ) w s: f-:::) 0Z....J ....J:::) <( mo> () tS 7-10-10 (20) 3-3-5 (8) 5-8-15 (23) 1-3-6 (9) 3-3-5 (8) 3-2-3 (5) 3-4-5 (9) i w w a.. z f-C' <(~ W.l!l > 'ti a::~ ~~ () 0 0 f- a.. 4 .5+ 4 .5+ 2.3+ 4 .5+ 2.3+ Q} ~ "iii >'ti OlO. ·en~ c~ (/) .c ·c a, Q} -<,-:::: ~ ~ Ol C::, a. C: E Cl) 0 (/) oz () :fl ()CJ) it ATT ER BERG f-~ w ~ LIMITS z w a::~ f- t:c :::) f-~ z~ ._z () zu g ._ i= !::: -x 8 ~ :::) -9: U)w S2w -f-:::,-(/)2 f-o >-Oz a~ :5 ::J U)z CJ) a:: 20 ::J ....J :5 -w 0 u a.. z a.. u:: 8 12 36 13 23 59 8 14 55 16 14 48 13 34 61 21 18 16 22 39 13 26 65 0 I ..i Site Location 1 .25 2 .5 I 5 Miles I 11-0221 Geologic Atlas of Texas Mineral Resources On-Line Spatial Data Mineral Resources > Online Spatial Data > Geology > by state > Texas Terrace deposits Terrace deposits State Texas Name Geologic age Terrace deposits Phanerozoic I Cenozoic I Quaternary I Pleistocene Holocene Original map label Qt Comments Sand, silt, clay, and gravel in various proportions, with gravel more prodominent in older, higher terrace deposits. Locally indurated with calcium carbonate (caliche) in terraces along streams. Along Colorado River clasts mostly limest., chert, quartz, and various igneous and metamorphic rocks from Llano region and Edwards Plateau. Includes point bar, natural levee, stream channel deposits along valley walls; probably in large part correlatives of Deweyville, Beaumont, Lissie, and Willis deposits. In upland regions (Rolling Plains, Edwards Plateau, etc.) unit includes fluvial terrace deposits, undivided. Light-brown, reddish-brown, gray, or yellowish- brown, gravelly quartz and lithic sand and si lt to sandy gravel (Moore and Wermund, 1993). Deposits become increasingly fine grained on Coastal and Nueces Plains. Locally, calcium carbonate-cemented quartz sand, silt, clay, and gravel intermixed and interbedded. Low terraces of major rivers are capped by 2-4 m of clayey sand and silt. Sandy gravel on higher terraces varies somewhat in composition from river to river . Gravel commonly is rounded to angular limestone and chert pebbles and cobbles, some boulders, sparse igneous pebbles along Brazos river in places. In Bastrop Co., a deposit 27 m above Colorado River contains the Lava Creek B (Pearlette 0) volcanic ash (age 0.6 Ma). Along the Frio, Leona, and Sabinal Rivers east of Uvalde, gravel is chiefly basalt and pyclastic clasts, locally cemented by iro oxide. Gravel along the Rio Grande is subrounded clasts of locally derived limestone and chert and rounded clasts of basalt, volcanic porphyry, quartzite, milky quartz, and banded chalcedony derived from the west. Primary rock type terrace Secondary rock type sand Other rock types gravel ; silt ; clay or mud Map references Bureau of Economic Geology, 1992, Geologic Map of Texas: University of Texas at Austin, Virgil E. Barnes, project supervisor, Hartmann, B.M. and Scranton, D.F., cartography, scale 1: 500,000 Unit references Moore, D.W. and Wermund, E.G., Jr., 1993a, Quaternary geologic map of the Austin 4 x 6 degree qu ad rangle, United States: U.S. Geological Survey Miscellaneous Investigatio ns Series Map 1-1420 (NH-14), scale 1: 1,000,000. [http://pubs.er. usgs.gov /publication/i 1420(N H 14)] Bureau of Economic Geology, 1975, Beeville-Bay City Sheet, Geologic Atlas of Texas, Bureau of Economic Geology, University of Texas at Austin, scale 1: 250,000. Bureau of Economic Geology, 1974, Seguin Sheet, Geologic Atlas of Texas, University of Texas, Bureau of Economic Geology, scale 1:250,000. Geographic coverage Anderson -Angelina -Archer -Armstrong -Atascosa -Austin - Bandera -Bastrop -Baylor -Bee -Bell -Bexar -Blanco -Borden - Bosque -Bowie -Brazos -Brewster -Briscoe -Brown -Burleson - Burnet -Caldwell -Callahan -Camp -Cass -Cherokee -Childress - Clay -Coke -Coleman -Collin -Collingsworth -Colorado -Comal - Comanche -Concho -Cooke -Coryell -Cottle -Crane -Crockett - Crosby -Dallam -Dallas -Delta -Denton -DeWitt -Dickens -Dimmit -Donley -Duval -Eastland -Ellis -Erath -Falls -Fannin -Fayette - Fisher -Foard -Franklin -Freestone -Frio -Garza -Gillespie - Glasscock -Goliad -Gonzales -Gray -Grayson -Gregg -Grimes - Guadalupe -Hall -Hamilton -Hansford -Hardeman -Hardin -Harris - Harrison -Hartley -Haskell -Hays -Hemphill -Henderson -Hidalgo - Hill -Hood -Hopkins -Houston -Hunt -Hutchinson -Jackson -Jasper -Jeff Davis -Jim Wells -Johnson -Jones -Karnes -Kaufman -Kendall -Kent -Kerr -Kimble -King -Kinney -Knox -Lamar -Lampasas -La Salle -Lavaca -Lee -Leon -Limestone -Lipscomb -Live Oak -Llano - Loving -McCulloch -Mclennan -McMullen -Madison -Marion -Mason -Maverick -Medina -Menard -Midland -Mi lam -Mills -Mitchell - Montague -Montgomery -Moore -Morris -Motley -Nacogdoches - Navarro -Newton -Nolan -Oldham -Palo Pinto -Panola -Parker - Pecos -Polk -Potter -Rains -Reagan -Red River -Reeves -Refugio - Roberts -Robertson -Rockwall -Runnels -Rusk -Sabine -San Augustine -San Jacinto -San Patric io -San Saba -Schleicher -Scurry -Shackelford -Shelby -Smith -Somervell -Starr -Stephens - Stonewall -Tarrant -Tay lor -Throckmorton -Titus - Tom Green - Travis -Trinity -Tyler -Upshur -Uvalde -Val Verde -Van Zandt - Victoria -Walker -Waller -Ward -Washington -Web b -Wheeler - Wichita -Wilbarger -Williamson -Wilson -Wise -Wood -Young - Zapata -Zavala U.S. Department of the Interior I U.S. Geological Survey URL: http://tin.er. usgs. gov /geology /state/ak/akgeo-unit. php?unit= Page Contact Information: Peter Schweitzer Appendix E -Unified Soil Classification System UNIFIED SOIL CLASSIFlCATION SYSTEM UNl"71JEO, SOL CLJJ.$S1Fl1CATlo:N' AND SYM:BOl CHART CO,~':!RMlm ro1..S· {tmro :t-flJ% ofm:ib'i:11 B Lt>!'gar !li'U.ffl }fo. 200 l!lttf'o'ill ma} ~A'l1'1EU Mora!la;:111160'~ dam°"" !r.d,:,n ~JO hn lcta.41. H!WW,O MN:l'-3 ro%armcni aoxir,m, 1~~ h'ln~a.41 siuw *"1 CkWI G:.r,'Cl!k (lffls !111'.irl 6% ;;,m} 'Poo&:NJl;ldo:l gr,,~,dls, g;.:r,d""1rld ~ ffl:<I Ol'r!O iblQS Gm<.m.,dh iiirl<IS(M:im h-tn 12%:i:nm} Silly g;a·.u'"', ~J\t!li'.~n:141 miidslms OajOy g.nm, g,-..r.~nd,d'.iy nM,,t;,as . Cm, Sait:ls~Dmt ~b~ ·-~, ~· I Wdlgm:lm :;3ms.,9mwl!)l=m.. ~~~1 · fllil r.1m.> rntos flN'!I.t.~AlNID 00!$ (5.'.1% tit nuc a! m,!m\alb. sm:if,artu:l1'1 Na ~ da,,n si'za..'j ,stLrs A.Ml elAfl Li:tudlim. ~ti.an .~ SILTS M,11 Q..J..YS l. udl!mt q!mli. .or~r ttGl,ll.Y <mGANC OOit.8 ~ WI ha~nc slls 3'1d ""':1'l' ru"l!I san:ls, ro::l Ml I bJr, stty aJ ci:l)Vf £.'-Jo s:mds ar d':17.f<'l'j' lf<i".s wi'ft ~hi pb::cbl!y Ci. MH CH OH loo,..iam:rcl:iy'!l oHawbm«iim ~)\ 9-'«lfy~. 1ll3':v.ly da)'S. alft c:tays, tun d.!)'5 013mm sl1iis an:i o~ado slit, C>a)'!I< d lowp:astnt1 lm"lPru:i sl':ls, mcir.mous o <biomEaCIU$ imol s.n:fy onil'frt !10ilis, ~i::sfis RJP;,jllr,fCdapC,h~ ~tdy.fsi dl)'S ~am d.Tp <ilmo:fum b !iir/:1 ~id)\ iJtgllm:l ;djs PT I ?6:,tand~sffi;ff>ycrpbwf,s G,"J GP Gt.I GC SW :!1iP $Al oc lAMRAWRY ClMSW1.CA1JOO C'l'UTERh\ ti!!D IJ:!i:) ~:: -. -gr~er:m4; C0: --·-i!>:.~N-1 i ,:,.~3 o,0 o10xO&i Not m~ihg .:-ill gra:bifr.ln ro;yuirmtf.ltrls lbr GW ~'!i.'i'..1!1.b:I.· ig lim.hbdc:11.,. ',\~ ,._ __ ,.,n·--•·""-"'t· ._ fmu ar :PJ. "'""' ltim 4 """"' ,,, """' """""• .,,t:IN!M 4 ood 7 a.i iir.rolldino c:mi!IS Ai".tl1~ig fmb i!!Drhl!l• '',\~ roq)Mg ma of dud aynb:15 rnc ,d\h P.l 9"lJH !loo 1 . Dm . a~ ~ = -.-. -g.-o:.ue"", 4;; C0 = ----1»,,11-1 ~ict 3 010 O,a•Ooo tldl ma:!l!n9 l>li gm:lab ra.l"""'""""" iki~ <Ji.'/ i\ii,mbc119 limb: hdmr ',\~ Um.:s ~· lb stiixlo:l :.al'l<I thac.-iPJ. lbnlfrta!t 4 ;,i.t;, Pl.fl11r.Nmn 4nnd7am .:.._ • ._ '--· .,.. ~a=rnq~ ._ Ai'.ill ..... ',I ,m..,. ;,i...,.a " a!du:il S)'lTixllis. lba\d\'IP'..l.g,iacat,ur!n;;ri7 · · .PLASTICITY CHM:T 00 l [ ro y <!HIX i 40 ~ ~l t ~xi ' 10 0(1 AUNE: IA,,, o:ra.:l.(.,'2t'.1} Ct.I LI &.1H!c.t X ~2/1~1,&·a. ~II 10 20 ~ 4.ll fl! ISO 10 00 9l 10!! l.~ UiUT\U.),~) TERMS DESCRIBtNG SOIL CONSISTENCY F~ Grained Solis Descripjfon Sclt. Furn Stiff Vay Stiff Hard Penetrometer Reading ftsf} 0.0 to LO 1.0 to t.5 Uito3.0 3..(]:to4.§ 4.5+ Coars:e Grained Soi~ Penetrauoo R·esistanoe {blowsffl.} Oto4 4t.o m 10to 30 30fu50 Over50 Description Vcery loose Loose Medium D:mse Dense VeryOense Refalive Density Uto20% 2.01040% 40to70% 70lo90% 90 :to 100% HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Carpenter Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Paving Finishing Machine Operator Concrete Paving Jo int Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell, Backhoe, Derrick, Dr ag line, Shovel Operator Electrician Flairn:er Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator Pioelaver Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-Propelled Roller Operator, Steel Wheel, Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver Lowboy-Float Truck Driver, Single Axle, Heavy Truck Driver, Single Axle, Light Truck Driver, Tandem Axle, Semi-Trailer Truck Driver, Transit-Mix Wagon Drill, Boring Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer $10 .0 6 $13 .99 $12.78 $11.01 $ 8.80 $14 .15 $ 9 .88 $13.22 $12 .80 $12.85 $13 .27 $12.00 $13.63 $12.50 $13.56 $14.50 $10 .61 $14.12 $18 .12 $ 8.43 $11.63 $11.83 $13.67 $16.30 $12 .62 $ 9.18 $10.65 $16.97 $11.83 $11.58 $15 .2 0 $14 .50 $14 .98 $13 .17 $10.04 $11.04 $14 .86 $16 .29 $11.07 $10.92 $11.28 $11.42 $12.32 $12.33 $10 .92 $12.60 $12.91 $12.03 $14.93 $11.47 $10 .91 $11.75 $12.08 $14 .0 0 $13.57 $!0.09 VENDORCOMPLIANCETOSTATELAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders ( out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction , improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident 's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in _______ (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Non-resident vendors in _______ (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate offices are in the State of Texas. Bidder: Environmental Safety Services, Inc. 829 Latteridge Drive Austin, TX 78748 By: (Please Print) Signatu~ Title (Please Print) CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C .A. Labor Code §406.96 (2000), as amended , Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Transportation and City of Fort Worth Project No . GG01-539590- 0202003. STATE OF TEXAS COUNTY OF TARRANT § § § CONTRACTOR Environmental Safety Services. Inc. By ~ Name :~,Jr. Title : t' ( e "7 :-c\eu-t Date : I ?-' / t <-l-/ l ( --:(" Before me , the undersigned authority , on th is day personally appeared 00.t., \'\A. ~~:::v:!v:::: , known to me to be the person whose name is subscribed to the foregoing ins rument , and acknowledged to me that he executed the same as the act and deed of Environmental Safety Services. Inc. for the purposes and consideration therein expressed and in the capacity therein stated . Given Under My Hand and Seal of Office this l LV day of ~ , 20 l ( STACEY REINHART Not aiy Public , State o1 Texa s My Comm ission Expires 04 103/201 2 THE ST ATE OF TEXAS COUNTY OFT ARRANT SECTION 00 61 13 PERFORMANCE BOND Bond No . 105705194 § § § KNOW ALL BY THESE PRESENTS: WHEREAS we, Environmental Safety Services, Inc.. known as "Principal" herein and Travelers Casualty and Surety Company of America a corporate surety duly authorized to do business in the State of Connecticut , known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Three Hundred Seventy Seven Thousand One Hundred Fifty Five Dollars and Zero Cents ... Dollars ($$377, 155.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents; and WHEREAS, the Principal has entered into a certain written contract with the City awarded the 15 day of November, 2011, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as: Scour and Erosion Abatement to Protect the Bridge Support Structure at Eastchase Parkway Bridge Over Cottonwood Creek-GG01-539590-0202003 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to , and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect; PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 15 day of November. 2011. PRINCIPAL: Environmental Safety Services, Inc . BY,~ 'ature Address: 829 Latteridge Drive Austin. TX 78748 SURETY: Travelers Casualty and Surety Company of America BY,s;~ Witness as to Surety John W . Schuler, Attorney-in-Fact Name and Title Address: One Tower Square Hartford. CT 06183 Telephone Number: 800-365-6065 .-~ -, . - *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. THE ST ATE OF TEXAS COUNTY OF TARRANT § § § SECTION 00 6114 PAYMENT BOND Bond No . 105705194 KNOW ALL BY THESE PRESENTS: WHEREAS we, Environmental Safety Services, Inc., known as "Principal" herein , and Travelers Casualty and Surety Company of America , a corporate surety duly authorized to do business in the State of Connecticut known as ''Surety" herein (whether one or more), are held and finnly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Three Hundred Seventy Seven Thousand One Hundred Fifty Five Dollars and Zero Cents ... Dollars (S$377,155.00), lawful money of the United States, to be paid in Fort Worth , Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents; and WHEREAS, Principal has entered into a certain written Contract with City, awarded the 15 day of November, 2011 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein , to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Scour and Erosion Abatement to Protect the Bridge Support Structure at Eastchase Parkway Bridge Over Cottonwood Creek-GG01-539590-0202003. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become nuJJ and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended , and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 15 day of November, 2011. (Principal'ecretary ATIEST: ~~UiOJW LI · q~1N Wess as to Surety\°: PRINCIPAL: Environmental Safety Services. Inc . Si~ e BY ~ J o.R (vL ~jJc~e~~ Name and Title Address: 829 Latteridge Drive Austin. TX 78748 SURETY: Trave lers Casualty and Surety Company ,.... of Amer ica~~: .:=;:.· ....._ --BY: · -::: r- Signa~ ~, John W . Schuler, Attorney-in-Fact Name and Title Address : One Tower Square Hartford , CT 06183 Telephone Number: 800-355-5o55 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation . If Surety 's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded . Bond No . 105705194 MAfNTENANCE BOND THE ST ATE OF TEXAS § COUNTY OF TARRANT § That Environmental Safety Services, Inc. ("Contractor"), as principal, and Travelers Casualty and Surety Company of America a corporation organized under the laws of the State of Connecticut , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas, ("Citt) in Tarrant County, Texas, the sum of Three Hundred Seventy Seven Thousand One Hundred Fifty Five Dollars and Zero Cents ... Dollars ($$377,155.00), la~ul money of the United States, for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however, that: WHEREAS , said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 15 of November, 2011, a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Scour and Erosion Abatement to Protect the Bridge Support Structure at Eastchase Parkway Bridge Over Cottonwood Creek the same being referred to herein and in said contract as the Work and being designated as project number(s) GG01-539590-0202003 and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two {2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided . -' NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect . and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted . IN WITNESS WHEREOF, this instrument is executed in z counterpart(s), each of which shall be deemed an original , this 15 day of November, A.D .2011. ATIEST: (SE ~« Secretary ATIEST: (SE AL) Secretary Environmental Safety Services, Inc. Contractor By ~ Name:~1;f'r Title: I ~c, Ltt?vd=: Travelers Casualty and Surety Company of America Surety By: __ -=~=-.:....:.....:~c.....e.~..:._-=.._,:e-- Name:_~--'-'~=---- Title: Attorney-in-Fact One Tower Square Hartford , CT 06183 Address 800-365-6065 Telephone Number ,..,, - TRAVELERS J IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty and Surety Company of America , for information or to make a complaint at: Travelers Bond Attn: Claims You may contact the Texas Department oflnsurance to obtain the information on companies, coverages, rights or complaints at: Texas Department oflnsurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. U~J" IU,..J \'1 ~ TRAVELERS J WARNING : THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 2228 58 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. Q Q 4 4 Q Q 8 4 4 KNOW ALL MEN BY THESE PRESENTS : That St. Paul Fire and Marine In surance Company, St. Paul Guardian In s urance Company and St. Paul Mercury In s ura nce Company are corporations duly organized und er the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Compa ny, a nd Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Gu arant y Company is a corporation duly organized under the laws of the State of Maryland , that Fidelity and Guaranty Insurance Company is a corporation duly organi zed und e r the laws of the State of Iowa, and th at Fidelity and Guaranty Insurance Underwriters , In c ., is a corporation duly organized under the la ws of the State of Wi scons in (here in coll ective ly called the "Compani es"), and that the Companies do hereby make, constitute and appoin t Todd Jac kson , John W . Schuler, Stephen R. Smith , and Tom Mulanax of th e City of Austin , State of Texas , their true and lawful Attorn ey(s)-in -Fac t, each in th eir separate capacity if more than one is named above, to sign , execute, seal and acknow ledge any and all bonds , recognizances , conditional undertakin gs and other writings o bli gatory in the nature th ereof on behalf of the Companies in their business of g uaranteeing the fideli ty of person s, guaranteeing the perform a nce o f contracts and executing or guaran teein g bonds and undertakings required or permitted in any acti o ns or proceedings a ll owed by law. 5th IN WITNESS WHEREOF, the Companies have caused thi s instrument to be signed and their corporate seals to be hereto affi xed, thi s ----------- day of Jul y ' 20 11 . State of Connecticut City of Hartford ss . Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 0 ~ By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 5th July 2011 On this the day of , before me personally appeared George W. Thompson , who acknowled ged himself to be the Senior Vice Presid ent of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fid e lity and Guaranty Insurance Und erwriters, In c ., St. Paul Fire and Marine In surance Company, St. Paul Guardian In surance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do , executed the foregoing instrument for the purposes therein contai ned by signing on behalf of the corporations by himself as a du ly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 20 16. 58440-6-11 Printed in U.S.A . \... Marie C. Tetreault, Notary Publi c WARNING : THIS POWER OF ATTORNEY IS INVALID'WITH OUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted und er and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty In surance Underwriters, lnc ., St. Paul Fire and Marine In surance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman , the President, any Vice Chairman , any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act fo r and on behalf of the Company and may give such appointee such authority as hi s or her certificate of authority may prescribe to sign with the Company 's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond , recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED , that the Chairman, the President, any Vice Chairman , any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or e mployees of thi s Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice Presi dent, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Ass istant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority ; and it is FURTHER RESOLVED , that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorney s-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or und erstanding to which it is attached. I , Kevin E. Hughes , the undersigned , Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters , Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian In surance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed the seals of said Companies this 0 ~ day of_N_· -~~Q;\~-~--' 20 il. To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the detail s of the bond to which the power is attached . ...... -- CITY SECRETARY 41.. q ~ ::,.-CONTRACT NO. _____ _ THE STATE OF TEXAS COUNTY OFT ARRANT CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL BY THESE PRESENTS This agreement made and entered into this the 15 day of November A.D ., 2011, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, Environmental Safety Services, Inc., HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith , the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Scour and Erosion Abatement to Protect the Bridge Support Structure at Eastchase Parkway Bridge Over Cottonwood Creek 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth , which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3 . The Contractor hereby agrees and binds himself to commence the construction of said work within ten ( I 0) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. 4 . The Contractor hereby agrees to prosecute said work with reasonabltJ,[tffl~rretn rften ne1 commencement thereof and to fully complete and finish the same ready for the insp COFFfCI D CITY SECRETARY FT. WORTH, TX the Department of Transportation of the City of Fort Worth and the City Council of the City of Fort Worth within a period of Two Hundred Thirty (230) days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him , the sum of $210 per Calendar Day, not as a penalty but as liquidated damages , the Contractor and his Surety shall be liable to the Owner for such deficiency . 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend , at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury , including death , arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage , loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees .. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved , or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees , on the execution of this Contract, and before begi ~ work to make execute and deliver to said City of Fort Worth good and sufficient surety bo cff lj · fl RD performance of the terms and stipulations of the Contract and for the payment to al y FT. WORTH, TX and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Texas Government Code Section 2253, as amended, in the form included in the Contract Documents, and such bonds shall be for l 00 percent ( 100%) of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth . 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive , for all of the aforesaid work , and for all additions thereto or deductions therefrom , the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a, shall be Three Hundred Seventy Seven Thousand One Hundred Fifty Five Dollars and Zero Cents ... Dollars, ($$377,155.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10 . The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth , Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. lN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 1 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in 1 counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the 15 day of November, A.D., 2011. OFFICIA L RECORD CITY SECRETARY FT. WORTH, TX APPROVAL RECOMMENDED: DIRECTOR, DEPARTMENT OF TRANSPORTATION/PUBLIC WORKS ATTEST: CONTRACTOR Environmental Safety Services, Inc. BY~ TITLE 829 Latteridge Drive Austin , TX 787 48 ADDRESS November 1960 Revised May 1986 Revised September 1992 Revised March 2006 = ··----··:>-.. -·· ·-·-.,.,.....::.,;; .. -····· CITY OF FORT WORTH FERNANDO COST A, ASST CITY MANAGER !f.sr CITY SECRETARY (SE AL) Jtl;i{ c.., c -'l. 5 2-1-6 fl .l'f.q APPROVED AS TO FORM AND LEGALITY: OFFICIAi -·. ':i,.;ORD CITY SE .. ,,.~t.TARY FT. WO ~.Y H, TX c-S .\ (> (-.:. ;.--0.-L!) C I I Etc-1 fORTWORTH ~,\ ....... 4-..... _.....-....__ __,;; ....,,, City of Fort Worth Finance Department • Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 ._ ·cl~~ RECEIPT OF BID I _. Individual Delivering: 5fOl! J L Bid Title and Number·;: ~===---,~;)}~~':::::::::_ _____ :--____ ~-:-~== U'. -Employee Signature: . d Date Received: Time an • White Copy -Customer Yellow Copy -Management I I I I r , I I ~ ' ,, (To be printed on Contractor's Letterhead) Date: _____ _ PROJECT No: ------- PROJECT NAME: -------------------------MAPS CO LOCATION: LIMITS OF CONST.: ______________ _ Es timated Duration of Co nstruction on your Street : __ days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES -RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEG IN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE . IF YOU HA VE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <T ELEPHONE NO .> OR Mr. <CITY INSPECTOR> AT <TELEPHONE NO.> AFTER 4 :3 0 PM OR ON WEEKENDS, PLEASE CALL 817-392-8100 PLEASE KEEP THIS FL YER HANDY WHEN YOU CALL. APPENDIX A: SUMMARY OF QUANTITIES 1 Pay Item Nos. 13 14 12 TxDOT spec. No. 104 REMOVI PROJECT CUSTOM CON ! DESIGNATION GABIONS SW3 P BRIDGE (RIPR/L SIGNS (GALV) (LUMP S UM ) (SY )A ) (PRE-BID ITEM ) (CY) (EA) EASTCHASE 456 51 PRKY 2 466 61 1 QUANTITY TOTAL 2 l •T RTsiNc[UbESSLOPEOR BAN--1--.. -..J. ______ L----l-----_-_____ ...... __ l .. ······---··--······--.. ----·--·-··----·------·-------·····------··-----···-·········· --------····-----·----···---J __ ,,_ ___________________ .............................. _ ............ . __ --..... OF''~''--,.,~ ......... ~-t'' THE SEAL APPEARING ON /~···· j,_ ···{.s,\ THIS DOCUMENT WAS j•:" Jq ··.•'1 AUTHORIZED BY ~:'!": ....................... :~.~ RALPH A, BROWNE I RALPH A. BROWNE I P, E. 69769, ON ~~::·····69°"7°69··~::;;,; ~GUSl}S, 2011 _ 1z::: 'i'l:i·.-P~ (c,.:fy 0 _1..., 1t?·f IS T £.~···~ J" J ,,ss,· .. ······,;.'i>-"-""" ,,,ONAL ----'( \ ,,,,_ u KBR En9inHred by KBR Technical Services, Inc Texas Re9istend En9ineerin9 Firm F-2397 FORT-WO RT H ~ EASTCHSE PKWY SUMMARY OF QUANTITIES APPENDIX B: PROJECT LOCATION MAP :::::::::::J EASTCHASE PARKWAY I KBR Engineered by KBR Technical Services, Inc Texas Registration # 2397 ....,_ - APPENDIX C: PROJECT DESIGNATION SIGN DETAIL 4' -0" FONTS: PROJECT DESIGNATION SIGN ---------4' -0" -------- 6~" PMS -167 ==r 3" 3"C Project Title 1- 1 ,, · 3 "C 2ND LINE t IF NECESSARY_/ -r 3 11 1~"~1---Contractor: ----=± 1,, 2~"LContractor's Name t 2 1 ~ "=t= Scheduled Completion Date 1 ~,, I Year 1 " 2 5" 1 " FORT WORTH LOGO = CHEL TINGHAM BOLD ALL OTHER LETTERING = ARIAL BOLD LOGO COLORS: FORT WORTH -PMS 288 LONGHORNLOGO-PMS167 LETTERING -PMS 288 BACKGROUND -WHITE BORDER -BLUE PROJECT DESIGNATION SIGN CITY OF FORT WORTH-CONSTRUCTION STANDARD DRAWING NO. DATE: 9-20-02 APPENDIX D: "'•~ OTHER DETAILS ...... LIM ITS OF C HANNE L STABA LI ZATION (SE E DETA IL A) EASTCHAS E PKWY SEDIMENT BUILD-UP TO BE REMOVED AVERAGE WIDTH 85FT AVERAGE HEIGHT 3 FT / / .... \ .... ... PLAN VIEW EXISTING EASTCHASE PKWY BRIDGE EXISTING INT ERIOR BENT CHANNEL STABALIZATION 18" STONE PROTECTION 5' AVERAGE DEPTH CUSTOM GABIONS (SEE DETAIL C) GABIONS (SEE DETAIL BJ DETAILA FORT WORTH, TEXAS DRAWN BY: ~~~~~~~~~~~...-~~~~~~~~~~~APPR OVEDBY: fl~ PAGE 1 OF4 ISSUE DATE : ii ( / 1 J N.T.S MAJ EST IC LIQUOR'S EX ISTING 42" RCP TO R EM A IN RE MOVCONC (S IDEWALK) 23 .5 SY LIMITS OF SHORTCRETE (S EE DETAIL 8) R EM OV C URB 20 LF REMOVCONC (SIDEWALK) 23 .5SY EXISTING 30" RCP TO REMAIN EXISTING BRIDGE ABUTMENT INSTAL L ACCORDI NG TO PAY ITEM NO. 6 OR TXDOT ITEM 403 KBR .AS Engineered by KBR Technical Services Inc Texas Registration # 2397 ' EASTCHASE PKWY CONTRACT NUMBER : GG01 -53959CHJ202003 6' THICK MIN. SHOTCRETE (PAY ITEM NO. 6) 3' X 3' X 3' OR 5' X 3' x3' GABION (PAY ITEM NO. 8) 6' THICK M IN . SHORTCRETE CUSTOM GABION (PAY ITEM NO. 13) FACE OF CUSTOM GABION TO MATCH PROPOSED SLOPE I GENERAL NOTES: I· 3' DETAIL B N.T.S 6" 1. CONTRACTOR IS RESPONSIBLE FOR SO IL NAIL ANCHORS DESIGN . 2. SOIL NAIL ANCHORS SHOULD BE DESIGNED TO TIE GABION BASKET IN PLACE . 3. DESIGNED SOIL NAIL ANCHORS SHOULD MEET THE FOLLOWING MINIMUM REQUIREMENTS : A. 6" HOLE DIA. AND NO . 6, GRADE 60 , EPOXY-COATED , DYWIDAG THREADBAR STEEL, OR EQUIVALENT. B. SOIL NAILS SHOULD HAVE A MIN IMUM 6" CLEAR COVER FROM ANY OBSTRUCTION . 2. DESIGN OF SOIL NAIL IS CONSIDERED SUBSIDIARY TO PAY ITEM NO . 6. FORT WORTH, TEXAS DRAWN BY: APPROVED BY: flrll PAGE20F4 ISSUE DATE: Q-'"' I I ·I 6' THICK M IN. SHOT CRETE (HORIZONTAL) (PAY ITEM NO. 5) SOIL NAIL GABION ANCHOR (PAY ITEM NO. 6 OR TXDOT ITEM 403 ) EXISTING BRIDGE ABUTMENT KBR Engineered by KBR Technical Services, Inc Texas Registration # 2397 EASTCHASE PKWY CONTRACT NUMBER : GG01-539590-0202003 6 X 6 X 3/8' GALVANIZED STEEL ANCHOR PLATE 36 KSI OR BETIER STEEL BAR TO PROTRUDE FROM GABION FACE STEEL SPHERICAL SEAT NUT OR HEX NUT WITH BEVELED WASHER GENERAL NOTES: 3' 6' GABIONWALL · 1 · · 18~~~f~BH!t)N FACING ~Ooo ooDOO tpcaoo ooory 0 0 ,_ ____ ........ __.._-= DESIGN W ELDED WIRE MESH AS A REINFORCEMENT MIN. 0 .21 LB/SQ.FT NAIL GROUT # 6 EPOXY CO ATED REINF BAR GR 60 /DYWIDAG THREADBAR OR EQUIVAtENTl TO BE DESIGNED BY CONTRACTOR SOIL NAIL ANCHOR ASSEMBLY N.T.S ----of"',, ,.:-~~~~ ........ ~f-t:''1 THE SEAL APPEARING ON ~'? •• ••• ...,A,. ··{,.r, •1 THIS DOCUMENT WAS /*:" N · ... ,, AUTHORIZED BY t!'.! ...................... .":~ .. ~ RALPH A, BROWNE I. RALPH A. BROWNE I. P. E. 69769, ON \i:.;·69769 ·;;7c.;~-ust os, 2011 10·, ~(} o.<,,;·+lq" --0 l(i·-.. IST~~·\-.;..:' If• ,,ss,·-...... -~~.r ,,,~~~~----1 1. CONTRACTOR IS RESPONSIBLE FOR DESIGN OF SHORTCRETE . KBR --~ FORT WORTH, TEXAS DRAWN BY: APPROVED BY: ~~ PAGE 3 OF 4 ISSUE DATE , rsl ~ 1 Engineered by KBR Technical Services, Inc Texas Registration # 2397 EASTCHASE PKWY CONTRACT NUMBER : GG01 -539590--0202003 EASTCHASE PKWY SEDIMENT BUILD-UP TO BE REMOVED f VERAGE WIDTH 65FT c~~lrtasHE1l'fc'6VFT) BANK OR SLOPE STABALIZATION TEMPORARY EXISTING gr~r ~\ BANK OR SLOPE STABALIZATION (SUBSIDIARY TO ITEM NO. 1) EXISTING INTERIOR BENT SEDIMENT BUILD-UP TOBE REMOVED AVERAGE 3.0FT EXISTING GROUND PLAN VIEW @) z ..ZS N.T.S MAJESTIC LIQUOR'S EXISTING 42" RCP TO REMAIN EXISTING RIPRAP TO BE REMOVED AND REPLACED BY GABION WALL EXISTING 30" RCP TO REMAIN EXISTING INTERIOR BENT EXISTING BRIDGE ABUTMENT -w /3.5' MAX. HEIGHT OF EXISITNG RIPRAP ~ TO BE REMOVED IN A SINGLE INCREMENT ----OF'',, ..:-:;::~~~ ....... J:f-t:'\1 THE SEAL APPEARING ON ,:-c,,/ ~ '·{.rt, THIS DOCUMENT WAS /*:' ~ ··.* '1 AUTHORIZED BY ~!!: ...................... .'·.~--~ RALPH A. BROWNE I. RALPH A. BROWNE 1. P. • 69769, ON jO·~ ~-~-· ~I l(i(·.~IST~~··,~ " ~,i.:;·69769.~/~js~, 2011 If) ,,ss,· ....... ·E-y.~- PROPOSED FACE ,,,~~!!:,---- OF GABION WALL EXISTING DRILL SHAFTS PROPOSED GABION WALL TOE BURIED 3' BELOW EXISTING GROUND BANK OR SLOPE STABALIZATION DETAIL FORT WORTH, TEXAS DRAWN BY: APPROVED BY: ~ ~ PAGE40F4 ISSUE DATE: i/ ~111 EASTCHASE PKWY CONTRACT NUMBER: GG0 1-539590-0202003 APPENDIX E: STANDARDS a� U — C �- N U > O � O O � � U +- +�- U �U�+ C3�•— NN-CO ��o� C O+-y- •—nU � C OI C � t4 C W a•— •— L -f- U T-H — � C � x o y- Ln N O N F- L C = O C v-o� - N �•� L O C U Q � r C X > � T 1- C � � O a � U 0 N N CN.C� L��+- > E L � O O U ��� o •- � � T C •- U �•-- N CY•- S. O � L 'O T•— O C C U U C7 C7 C C -t- O •— Ln 4- a O � L U O O — T C 9— L -E- -I—COL � C O 4— L OCcncn 0 N + N 3 E o � U � E W �OcnC � zcno 1-1 N � AF QS J f- H- C U = O N (n i- � L H-1 U X � 0 Q i— O 0 a 0 �� J w w J I REMOVE TREE STUMPS 12" � �•;;. � � BELOW GROUND +�;:,;••. .T �-^ ,f� A �•.•�. ... .. �X� .n; i DIAMETER MEASURED AT 3' ABOVE GROUND .I 3' I .` � '.' I �. \ .,,, 1\` A � ••.� n : 4: i,<' 4 ••V . \ ��. ••�• is .� TREE REMOVAL BRUSH REMOVED TO — WITHIN 1" OF GROUND Pavement or Shoulder <4" DIAMETER TRUNK IS DEFINED AS BRUSH BRUSH REMOVAL BRIDGE STRUCTURE JBRUSH REMOVED TO WITHIN 1" OF GROUND a G 3 0 STEP 1a CUT 1/3 WAY THROUGH BOTTOM OF LIMB 8" TO 12" ABOVE MAIN STEM (OR TRUNK). STEP 2� REMOVE LIMB 4" TO 6" BEYOND THE FIRST CUT 18' MIN S T E P 3= Pavement or Shoulder REMOVE STUB WITH A -,_ SMOOTH CUT SO THAT � TRACE COLLAR OF THE REMOVED LIMB PROTRUDES ii APPROXIMATELY 1/2 FROM THE MAIN STEM RF'yoPF 1 /2" REMOVED 0 �I'N6 � � LIMB EXAMPLE 1/2 " PROTRUDING COLLAR <4" DIAMETER TRUNK IS DEFINED AS BRUSH BRUSH REMOVAL UNDER BRIDGE AND IN CHANNEL GENERAL NOTES: 0' MIN, ;3 SUCKERS ARE SMALL BRANCHES THAT OCCUR BENEATH MAIN BRANCHES REMOVE SUCKERS Tb HEIGHT OF THE LOWEST MAIN BRANCH 1, �__ _- 11 - - 'a ♦� 1 � _� r - �,.f / 11 - �:;- r � 1 e ' /. 1 :1 t 1 . :'i . 1 1�\ ;,� -.;i" n ��1 ,/; c .� l..... �',y:,n .,� :,A .�f. 1' �. ',tY::'i: s�.'Ly' � I1 :s _ npl , �' � .. . STEPS 1,2 AND 3 APPLY WHEN REMOVING TREE TRIMMING LIMBS 2" IN DIAMETER OR LARGER. TREE TRIMMING 1. TRIM AND REMOVE ALL TREE LIMBS ON THE PAVEMENT SIDE OF THE TRUNK 18' ABOVE THE PAVEMENT OR BRIDGE DECK ELEVATION, UNLESS OTHERWISE SHOWN ON THE PLANS. 2. TRIM AND REMOVE ALL TREE LIMBS BETWEEN THE TRUNK AND R.O.W. LINE 10' ABOVE NATURAL GROUND, TERRAIN OR OTHER STRUCTURE ELEVATION, UNLESS OTHERWISE SHOWN ON THE PLANS. TREE REMO`✓AL 3. FOR TREES MARKED FOR REMOVAL, THE DIAMETER OF TREES ARE DETERMINED BY MEASUREMENT OF THE TRUNK CIRCUMFERENCE 3' ABOVE THE GROUND. TREES WITH TRUNKS OF LESS THAN 4" DIAMETER ARE CONSIDERED TO BE BRUSH. TREES WITH MULTIPLE TRUNKS AT THE POINT OF MEASUREMENT ARE MEASURED AND PAID FOR SEPARATELY. 4. MEASUREMENTS FOR PAYMENT OF TREE DIAMETERS ARE DIVIDED INTO THE RAPJGES SHOWN IN TABLE 1. TABLE 1. TREE TRUNK SIZE FOR TREE REMOVAL PAYMENT *SEE GENERAL NOTE #3. PAY ITEM 752 2022 752 2023 752 2024 752 2025 752 2026 752 2027 752 2028 752 2029 752 2030 RANGE FOR PAY ITEMS TRUNK DIAMETER * TRUNK CIRCUMFERENCE LOWER LIMIT UPPER LIMIT LOWER LIMIT UPPER LIMIT IS GREATER IS LESS THAN IS GREATER IS LESS THAN THAN OR EQUAL TO THAN OR EQUAL TO 4 12 12 1/2 37 1/2 12 18 37 1/2 56 1/2 18 24 56 1/2 75 1/2 24 30 75 1/2 94 30 36 94 113 36 42 113 132 42 48 132 151 48 60 151 188 1/2 60 72 188 1/2 226 GREATER NOT 72 THAN 72 226 APPLICABLE Texas Department of Transportation Maintenance Division Standard Plans TREE AND BRUSH REMOVAL.. TRB-09 (1 ) NOT TO SCALE FIE: TRB-09 (1) . DGN I BRAWN: JEO i Dw:- AgBIFl :0: CHECKED: C+A: LJB © TxDOT OCTOBEB_ 2009 o sieicT REGION ReaISED: 5/1,3/2004 LJB REVISED: g/24/2004 LJB COUNTY REVISED: 10/5/2009 JEO SHEET 1 OF 2 CH: -RDB I NEC NO.: FEDERAL AID PflOJECT ® I SHEET CONTROL SECTION JOB ( HIGHWAY "APPENDIX F: PERMIT DEPARTMENT OF THE ARMY FORT WORTH DI STRI CT, CORPS OF ENGINEERS P .O . BOX 17300 FORT WORTH , TEXAS 76 102-0300 July 28 , 201 1 Planning, Environmenta l, and Regulatory Division Regulatory Branch SUBJECT: Project Numb er SWF-2011-00321, Eastchase Parkway Bridge Maintenance Mr. George Behmanesh, P .E. City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Dear Mr. Behmanesh: Thank you for your letter received July 1, 2011, concerning a proposal by the City of Fort Worth to rehabilitate the Eastchase Parkway bridge, located approximately 10 miles east of the City of Fort Worth, Tarrant County, Texas. This project has been assigned Project Number SWF-2011-00321. Please include this number in all future correspondence concerning this project. Under Section 404 of the Clean Water Act the U.S. Army Corps of Engineers (USACE) regulates the discharge of dredged and fill material into waters of the United States, including wetlands. USA CE responsibility under Section 10 of the Rivers and Harbors Act of 1899 is to regulate any work in, or affecting, navigable waters of the United States. Based on your description of the proposed work, and other information av ailable to us, we have determined this project will involve activities subject to the requirements of Section 404 . The USACE based this decision on a preliminary jurisdictional determination that there are waters of the United States on the project site. We have reviewed this project under the pre-construction notification procedures of Nationwide Permit General Condition 27 (Eederal Register, Vol. 72 , No. 47, Monday, March 12 , 2007 , and corrections in Federal Register Vol. 72, No. 99, Tuesday, May 8, 2007). We have determined this project is authorized by Nationwide Permit 3 for Maintenance. To use this permit, the person responsible for the project must ensure the work is in compliance with the specifications and conditions listed on the enclosure. Failure to comply with these specifications and conditions invalidates the authorization and may result in a violation. · Our verification for the construction of this activity under this nationwide permit is valid until March 18, 2012 , unless prior to that date the nationwide permit i s suspended, revoked, or modified such that the activity would no longer comply with the terms and conditions of the · nationwide permit on a regional or national basis. The USACE will issue a public notice -2- arniouncing the changes when they occur. Furthermore, activities that have commenced, or are under contract to commence, in reliance on a nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification, or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.S(c) or (d). Continued confirmation that ari activity complies with the specifications and conditions, and any changes to the nationwide permit, is the responsibility of the permittee. Our review of this project also addressed its effects on threatened and endangered species . Bas ed on the information provided, we have determined this project will not affect any species listed as threatened or endangered by the U.S. Fish and Wildlife Service within our permit area. However, please note you are responsible for meeting the requirements of General Condition 17 on endangered species. The permittee must sign and submit to us the enclosed certification that the work, including any proposed mitigation, was completed in compliance with the nationwide permit. The permittee should submit the certification within 30 days of the completion of work. This permit should not be considered as an approval of the design features of any activity authorized or an implication that such construction is considered adequate for the purpose intended. It does not authorize any damage to private property, invasion of property rights, or any infringement of federal, state, or local laws or regulations. Thank you for your interest in our nation's water resources . If you have any questions concerning our regulatory program, please refer to our website at http://www.swf.usace.army.mil/regulatory or contact Ms. Elisha Bradshaw at the address above or telephone (817) 886-1738. Please help the Regulatory Program improve its service by completing the survey on the following website: http://per2.nwp.usace.army.mil/survey.html. Sincerely, ~ t" Stephen L Brooks 0 Chief, Regulatory Branch Enclosures PERMIT COMPLIANCE CERTIFICATION U.S. Army Corps of Engineers Project Number: Permit Number: Narrie of Permittee: Date ofissuance: Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this ce1iification and return it to the following address: Regulatory Branch CESWF-PER-R U.S. Army Corps of Engineers P.O. Box 17300 Fort Wmih, Texas 76102-0300 Please note that your permitted activity is subject to a compliance inspection by a U .S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit was completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NATIONWIDE PERMIT 3 Maintenance Effective Date : March 19 , 2007 (NWP Final Notice , 72 FR 11181, para. 3) Maintenance. (a) The repair , rehab ilitation, or replacement of any previously authorized , currently serviceable, structure , or fill , or of any currently serviceable structure or fill authorized by 33 CFR 330 .3, provided that the structure or fill is not to be put to uses differing froin those uses specified or contemplated for it in the original permit or the most recently authorized modification . Minor deviations in the structure's configuration or filled area , including those due to changes in materials, construction techniques , or current construction codes or safety standards that are necessary to make the repair , rehabilitation, or replacement are authorized . This NWP authorizes the repair, rehabilitation , or replacement of those structures or fills destroyed or damaged by storms , floods , fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage . In cases of catastrophic events , such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate. funding, contract , or other' similar delays . (b) This NWP also authorizes the removal of accumulated sediments and debris in the vicinity of and within · existing structures (e.g ., bridges , culverted road crossings , water intake structures , etc .) and the placement of new or additional riprap to protect the structure . The removal of sediment is limited to the minimum necessary to restore the waterway in the immediate vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend further than 200 feet in any direction from the structure . This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures . All dredged or excavated materials must be deposited and retained in an upland area unless otherwise specifically approved by the district engineer under separate authdrization . The placement of riprap must be the minimum necessary to protect the structure or to ensure the safety of the structure . Any bank stabilization measures not directly associated with the structure will require a separate authorization from the district engineer. (c) This NWP also authorizes temporary structures, fills, and work necessary to conduct the maintenance activity . Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable , when terpporary structures, work, and discharges, including cofferdams, are necessary for construction activities , access fills , or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows . Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations . The areas affected by temporary filis must be revegetated , as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation or beach restoration . This NWP does not authorize new stream channelization or stream relocation projects. Notification : For activities authorized by paragraph (b) of this NWP , the _permittee must submit a pre- construction notification to the district engineer prior to commencing the activity (see general condition 27). Where maintenance dredging is proposed, the pre-construction notification must include information regarding the original · design capacities and configurations of the outfalls, intakes, small impoundments, and canals . (Sections 10 and 4~ . Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act Section 404(f) exemption for maintenance. NATIONWIDE PERMIT GENERAL CONDITIONS General Conditions : The following general conditions must be followed in order for any authorization by a NWP to be valid : 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation.· (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other ~Iteration , of the structure or work herein authorized, or if, in the opinion of the Secretary of the Ar.my or his authorized representative , said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required , upon due notice from the Corps .of Engineers, to remove , relocate, or alter the structural work or obstructions caused thereby, without expense to the United States . No claim shall be made against the United States on account of any such removal or alteration. I 2 . Aquatic Life Movements . No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody , including those species that normally migrate through the area , unless the activity's primary purpose is to impound water . Culverts placed in .streams must be installed to maintain low flow conditions . 3. Spawning Areas . Activ ities in spawning areas during spawning seasons must be avoided to the maximum extent practicable . Activities that result in the physical destruction (e .g ., through excavation , fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized . 4 . Migratory Bird Breeding Areas . Activities in waters of the Un ited States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable . 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48 . 6 . Suitable Material. No activity may use unsuitable material (e.g ., trash, debris, car bodies, asphalt, etc .). Material used for construction or discharged must be free from toxic pollutants .in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes . No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization . 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition , capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities , except as provided below. The activity must be constructed to withstand expected high flows . The activity must not restrict or impede the passage of normal or high flows , unless the primary purpose of the activity is to impound water or manage high flows . The activity may alter the pre- construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e .g., stream restoration or relocation activities). 10 . Fills Within 100-Year Floodplains . The activity must comply with applicable FEMA-approved state or local floodplain management requirements . 11 . Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12 . Soil Erosion and Sediment Controls . Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13. Removal of Temporary Fills . Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations . The affected areas must be revegetated, as appropriate . 14. Proper Maintenance. Any authorii;ed structure or fill shall be properly maintained, including maintenance to . ensure public safety . 15. Wild and Scenic Rivers . No activity may occur in a component of the National Wild and Scenic River System , or in a river officially designated by Congress as a ~'study river" for possible inclusion in the system while the river is in an official study status , unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status . Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e .g ., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 2 16. Tribal Rights . No activity or its operat ion may impair reserved tribal rights, including , but not limited to , reserved water rights and treaty fishing and hunting rights . · 17 : Endangered Species . (a) No' activity is authorized Linder any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation ; as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species . No activity is species or critical habitat, un less Section 7 consultation addressing the effects of the proposed activity has been completed . · · · (b) Federal agencies shoula follow their 'own procedl!res for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those req'uirements . · (c) Non-federal permittees shall notify· the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized . For activities that might affect Federally-listed endangered or threa_tened species or designated critical habitat, the pre-construction notification must include t_he name(s) of the endang¢red or threatened species that may be affected' by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. The district engineer will determine whether the proposed activity .. may . affect" or will have "no effect" tb listed species and designated critical habitat and will notify the non-Federal c1pplicant of the Corps' determination within 45 days of receipt of a complete pre-construction notification . In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in th.€} vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat , or until Section 7 consultation has been completed . . · . · . (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species- specific regional endangered species conditions to the NWPs. ' . . (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit , a Biological Opinion with "incidental take" provisions, etc .) from the U .S . FWS or the NMFS , both lethal and non-lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U .S. FWS and NMFS or their worldwide Web pages at http ://www.fws .gov/ and http ://www.noaa .govi fisheries.html respectively .. 18. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed , or eligib le for listing :·in the National Register of Historic Places, the activity is not authorized , until the requirements ofSection 106 of the National Histpric Preservation Act (NHPA) have been satisfied. · , (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation ·Act. Federal pe'rmittees must provide the district engineer with the appropriate documentation to demonstrate complian·ce ·with those requirements . (c) Non~federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cau·se effects to any historic p'roperties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places , including previously unidentified properties. For such activities , the pre-construction notificaHori must state which historic properties may be affected by the proposed work or include a vicinity ·map indicating' the location of the historic prop~rties or the potential for the presence of historic properties . Assistance regarding inforll"\atjpn on t he locl3tion of or pqtential for the presence of historic reso·urces cah be sought from the State· Historic Preservation ·officer or _Tribal Historic Preservation Officer; as appropriafe , and the National Register of Histori_c Places (see 33 CFR ·330:4(9)). The district engineer shall make a reasonable and good faith effort to carry out appropriate identification' efforts, which may include background research, consul.tation , oral history interviews, sample' field inv'e?tig~tion, and field survey. s.ased on , the information submitted and these efforts, the district engineer shall determi9e whether the proposed activity _has the potential to cause an effect on the historic properties . Where the non-Federal applica nt has i9er;itified historic properties which the activity may have the potential to cause effects and so nbfifi~q the C.orj'.?s, the non-Feqeral applicant shall not begin the activity until notified by ~he district 'engineer eit~er that thi{ac~ivity ha~ no. potential to cause effects or that consultation under Section 106 of the NHPA has been cpmp]eted. ·. . . (d) The district engineer will no·t ,fy the p'rospective permittee within 45 days of receipt of a complete pre- construction notification whether NHPA Section 106 consultatio·n is required. Section·'106 consultation is not ; --r· , -,. . . .-• ,·t ''" required wfien the Corps determines that the activity does not have the potential to cause effects o.n historic . . .. . . ,, . . ..; ' 3 properties (see 36 CFR 800 .3(a )). If NHPA section 106 consultation is required and will occur , the district engineer w ill notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed . (e) Prospective permittees should be aware that section 11 Ok of the NHPA (16 U.S .C . 470h-2(k)) prevents the Corps from granting a perm it or other assistance to an applicant who, with intent to avoid the requirements of Secti9n 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate ; or having legal power to prevent it , allowed such s ignificant adverse effect to occur, unless the Corps, after consultation w it h the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance , the Corps is required to notify the ACHP and provide documentation specifying the circumstances , explaining the degree of damage to the integrity of any historic properties affected , and proposed mitigation . This documentation must include any yiews obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes , and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties . · · 19 . Designated Critical Resource Waters . Critical resource waters include, NOAA-des ignated marine sanctuaries, National Estuarine Research Reserves , state natural heritage sites , and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportun ity for public comment. The district eng ineer may also designate additional critical resource waters after notice and opportunity for comment (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7 , 12 , 14, 16 , 17 , 21, 29, 31, 35 , 39, 40 , 42 , 43, 44 , 49 , and 50 for any activity w ithin , or directly affecting, critical resource waters , including wetlands adjacent to such waters . (b) For NWPs 3, 8, 10, 13,° 15, 18 , 19, 22, 23 , 25, 27 , 28 , 30, 33, 34 , 36, 37 , and 38 , notification is required in accordance with general condition 27, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters . The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. · 20. Mitigation . The district engineer will consider the following factors when determi~ing appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal : (a) The activity must be designed and constructed to avoid and minimize adverse effects , both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e ., on site). (b) Mitigation in all its forms (avoiding , minimizing , rectifying, reducing, or compensating) will be required to the extent necessary to. ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will b.e required for all wetland losses that exceed 1/10 acre and requ ire pre-construction notification, unless the district engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project-specific waiver of this requirement. For wetland losses of 1/10 acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream restoration , to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre , it cannot be used to authorize any project resulting in the loss of grec1ter than 1/2 acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters . However, compensatory mitigation can and should be used, as necessary , to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensc1tory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establis~ment, maintenance, and legal ·protection (e .g ., conservation easements) of riparian areas next to open waters . In some cases, riparian areas may be the only compensatory mitigation required . Riparian areas should consist of native species. The width of the required riparian area will a.ddress dbcumented water quality or aquatic habitat loss concerns. Normally , the riparian area will be 25 to 50 feet wide ori each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns . Where both wetlands and open waters exist on the project site , the district engineer will 4 determine the appropriate compensatory mitigation (e .g ., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis . In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation , the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses . (g) Permittees may propose the use of mitigation banks , in-lieu fee arrangements or separate activity-specific compensatory mitigation . In all cases, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 21 . Water Quality . Where States and authorized Tribes , or EPA where applicable , have not previousiy certified compliance of an NWP with CWA Section 401 , individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality . 22. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained , or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 23. Regional and Case-By-Case Conditions . The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification , or by the state in its Coastal Zone Management Act consistency determination . 24 . Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing , over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 25 . Transfer of Nationwide Permit Verifications . If the permittee sells the property associated with the nationwide permit verification , the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature : "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property . To validate the transfer of this nationwide permit, and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 26 . Compliance Certification . Each permittee who received the NWP verification from the Corps must. submit a signed certification regarding the completed work and any required mitigation , The certification form must be forwarded by the Corps with the NWP verification letter and will include: (a) A statement that the authorized work was done in accordance with the NWP authorization , including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion ofthe work arid mitigation. 27 . Pre-Construction Notification. (a) Timing . Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible . The district 5 engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, as a general rule, will request additional information necessary to make the PCN complete only once . However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective pe rmi ttee that t he PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer ; or (2) Forty-five calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or d ivision engineer. However, if the permittee was required to notify the Corps pursuant to general condition 17 that listed species or critical habitat might affected or in the vicinity of the project , or to notify the Corps pursuant to general condition 18 that the activity may have the potential to cause effects to historic properties , the permittee cannot begin the activity until receiv ing written notification from the Corps that is "no effect" on listed species or "no potential to cause effects " on historic properties , or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic. Preservation (see 33 CFR 330.4(g)) is completed . Also , work cannot begin under NWPs 21 , 49 , or 50 until the permittee has received written approval from the Corps . If the proposed activity requires a written waiver to exceed specified limits of an NWP , the permittee cannot begin the activity until the district engineer issues the -«aiver. If the district or division eng ineer notifies the permittee in writing that an individual perm it is requ ired within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained . Subsequently , the permittee 's right to proceed under the NWP may be modified , suspended , or revoked only in accordance with the procedure set forth in 33 CFR 330 .5(d)(2). (b) Contents of Pre-Constructi.on Notification : The PCN must be in writing and include the following information : (1) Name, address and telephone numbers of the prospective permittee ; (2) Location· of the proposed project; (3) A description of the proposed project; the project's purpose; d irect and indirect adverse environmental effects the project would cause ; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity . The description should be sufficiently detailed to allow the d istrict engineer to determine that the adverse effe_cts of the project will be minimal and to determine the need for compensatory mitigation . Sketches should be provided when necessary to show that the activity complies with the terms of the NWP . (Sketches usually clarify the project and when provided result in a quicker decision .); (4) The PCN must include a delineation of special aquatic sites and other waters of the United States on the project site . Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters of the United States , but there may be a delay if the Corps does the delineation , especially if the project site is large or contains many waters of the United States. Furthermore , the 45 day period will not start until the delineation has been subm itted to or completed by the Corps , where appropriate ; (5) If the proposed activity will ~esult in the loss of greater than 1/10 acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied. As an alternative , the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed spec ies or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non-Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work . Federal applicants must provide documentation demonstrating compliance with the Endangered Species.Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on , or potentially elig ible for listing on , the National Register of Historic Places, for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicin ity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating cbmpliance with Section 106 of the National Historic Preservation Act. . (c) Form of Pre-Construction Notification : The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used . (d) Agency Coordination : (1) The district engineer will consider any comments from Federal and state agencies concern ing the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. 6 (2) For all NWP 48 activities requiring pre-construction notification and for other NWP activit ies requiring pre-construction notification to the district engineer that result in the loss of greater than 1/2-acre of waters of the United States, the district engineer will immediately provide (e.g ., via facsimile transmission, overnight mail, or other ex peditious manner) a copy of the PCN to the appropriate Federal or state offices (U .S . FWS , state natural resource or water quality agency , EPA , State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and , if appropriate , the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments . If so contacted by an agency , the district engineer will wait an c!dditional 15 calendar days before making a decision on the pre-construction notificat ion . The district engineer will fully consider agency comments received within the specified time frame , but will provide no response to the resource agency , except as provided below. The district engineer will ind icate in the administrative record associated with each pre-construction notification that the resource agencies ' concerns were considered . For NWP 37 , the emergency watershed protection and rehabilitation activity may proceed immediately in cases \Nhere there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified , suspended, or revoked in accordance with the procedures at 33 CFR 330 .5 . ' (3) In cases of where the prospective permittee is not a Federal agency , the district engineer will provide a response to NMFS with in 30 calendar days of receipt of any Essential Fish Habitat con~ervation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Managem,ent Act. (4) Applicants are encouraged to provide the Corps multiple copies of pre-construction notifications to expedite agency coordinat ion . (5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each report . within 10 calendar days of receipt to the appropriate regional office of the NMFS . · (e) District Engineer's Decision: In reviewin·g the PCN for the proposed activity, the -district engineer will determine whether the activity authorized by the NWP will result in more than minimal ind ividual or cumulative adverse environmental effects or may be contrary to the public interest. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 acre of wetlands , the prospective permittee should submit a mitigation proposal with the PCN . Applicants may also propose compensatory mitigation for projects with smaller impacts . The distrid engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to ttie aquatic environment of the proposed work are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are m i nimal, after considering mitigation, the district engineer will notify the permittee and include any conditions the district engineer deems necessary. The district engineer must approve any compensatory mitigation proposal berore the perrhittee commences work. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan . The district eng ineer must review the plan within 45 calendar days' of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the projeci'on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal , the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP . If the district engineer determines that the adverse effects of the proposed work are more than minimal , then the district engineer will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; · • (2) that the project is authorized under the NWP .?i.Jbject to the applicant's subm ission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level ; or (3) that the project is authorized under the NWP with specific modifications or conditions . Where the district engineer detenmines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period , The authorization will include the necessary conceptual or specific mitigation ·or a requirement that the applicant submifa mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required , no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan . 28 . Single and Complete Project. The activity must be a sin.gle and complete project. The .same NWP cannot be used more than once for the same ·single and complete project. Further Information 7 1. District Eng i neers have authority to determ in e if an act ivity complies with the terms and conditions of an NWP. 2 . NWPs do not obviate the need to obtain other federal, state, or local permits , approvals, or authorizations requ ired by law. 3. NWPs do not grant any property rights or exclusive privileges. 4 . NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. Definitions Best management practices (BMPs): Policies , practices , procedures , or structures implemented to mitigate the adverse environmental effects on surface water quality result ing from development. BMPs are categorized as structural or non-structural. Compensatory mitigation : The -restoration, establishment (creation), enhancement, or preservation of aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and pract icable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance , but not so degraded as to essentially require reconstruction . Discharge: The term "discharge" means any discharge of dredged or fill material. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area . Ephemeral stream : An ephemeral stream has flowing water only during , and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round . Groundwater is not a source of water for the stream . Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical , chemical , or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site . Establishment results in a gain in aquatic resource area. Historic Property: Any prehistoric or historic district , site (including archaeolog ical site), build ing , structure, or other object included in, or eligible for inclusion in , the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts , records , and remains that are related to and located within such properties . The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR Part 60). Independent utility: A test to determine what constitutes a single. and complete project in the Corps regulatory program . A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area . Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Ph 0 ases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Intermittent stream : An intermittent strearri has flowing water during certain times of the year, when groundwater provides water for stream .flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss ·of waters of the United States : Waters of the United States that are permanently adversely affected by filling, flooding , excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody , or change the use of a waterbody. The acreage of loss of waters of the United States-is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP ; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated . Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States . Impacts resu"iting from activities elig ible for exemptions under Section 404(f) of the Clean Water Act ar~ not considered when calculating the loss of waters of the United States . Non-tidal wetland : A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters . The definition of a wetland can be found at 33 CFR 328 .3(b). Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e ., spring high tide line). Open water: For purposes of the NWPs, an open-w~ter is any area that in a year with normal patte~ns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined . Aquatic vegetation within the area of standing or flowing water is either non-emergent, sparse, or 8 - absent. Vegetated shallows are considered to be open waters . Examples of "open waters" include rivers, streams , lakes , and ponds. Ordinary High Water Mark : An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics , or by other appropr iate means that consider the· characteristics of the surround ing areas (see 33 CFR 328 .3(e)). Perennial stream : A perennial stream has flowing water year-round during a typical year . The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable : Available and capable of being done after taking into consideration cost , existing technology, and logistics in light of overall project purposes . Pre-construction notification : A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects . Pre- construction notification may be required by the terms and conditions of a nationwide permit , or by regional conditions . A pre-construction notification may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action ih or near those aquatic resources . This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical , chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource . Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area . Rehabilitation : The manipulation of the physical, chemical, .or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource . Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area . Restoration : The manipulation of the physical , chemical , or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area , restoration is divided into two categories : Re-establishment and rehabilitation . Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines . Riffle and pool complexes sometimes characterize steep gradient sections of streams . Such stream sections are recognizable by their hydraulic characteristics . The rapid movement of water over a course substrate in riffles results in a rough flow , a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles . A slower stream velocity , a streaming flow , a smooth surface, and a finer substrate characterize pools . Riparian areas : Riparian areas are lands adjacent to streams , lakes , and estuarine-marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems , through which surface and subsurface hydrology connects waterbodies with their adjacent uplands . Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality . (See general condition 20 .) Shellfish seeding : The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete project: The term "single and complete project" is defined at 33 CFR 330 .2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete project must have independent utility (see definition). For linear projects, a "single and complete project" is all crossings of a single water of the United States (i.e ., a single waterbody) at a specific location . For linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered a single and complete project. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake , etc ., are not separate waterbodies, and crossings of such features cannot be considered separately. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities : Stormwater management facilities are those facilities , including but not limited to, stormwater retention and detention ponds and best management practices , which retain water for a period of time to control runoff and/or improve the quality (i.e ., by reducing the concentration of nutrients , sediments, hazardous substances and other pollutants) of stormwater runoff. 9 Stream bed : The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders . Wetlands contiguous to the stream bed , but outside of the ordinary high water marks, are not considered part of the stream bed . Stream channelization : The manipulation of a stream's course, condition, capacity , or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States . Structure : An object that is arranged in a definite pattern of organization . Examples of structures include , without limitation, any pier, boat dock , boat ramp , wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty , artificial island , artificial reef, permanent mooring structure , power transmission line, permanently moored floating vessel, piling, aid to navigation , or any other manmade obstacle or obstruction . · Tidal wetland : A tidal wetland is a wetland (i .e., water of the United States) that is inundat~d by tidal waters . The definitions of a .wetland and tidal waters can be found at 33 CFR 328 .3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun . Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects . Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328 .3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs , a waterbody is a jurisdictional water of the United States that , during a year with normal patterns of precipitation , has water flowing or standing above ground to the extent that an ordinary high water mark (OHWM) or other indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)). If a jurisdictional wetland · is adjacent--meaning bordering , contiguous, or neighboring--to a jurisdictional waterbody disp laying an OHWM or other indicators of jurisdiction, that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds , and wetlands. ADDITIONAL INFORMATION This nationwide permit is effective March 19, 2007, and expires on March 18, 2012 . Information about the U.S . Army Corps of Engineers regulatory program, including nationwide permits , may also be accessed at http://www.swf.usace.army.mil/pubdata/environ/regulatory/index.asp or http ://www.usace .army.mil/cw/cecwo/req 10 .. - - - Kathlee n Hartn ett White, Chaimwn Larry R. S oward, Commiss ioner H. S. Buddy Garcia, Commissioner Glenn Shankle, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Ms. Denise Sloan Protecting Texas by Reducing and Preventing Pollution April 26, 2007 U.S. Army Corps of Engineers Galveston District CESWG-PE-lIB P.O . Box 1229 Galveston, Texas 77553-1229 Re: USACE :Nationwide Permits Dear Ms . Sloan: Tiris letter is in response to your April 3, 2007, letter requesting Clean Water Act Section 401 certification of the Unite9-States Anny Corps of Engineers (Corps) Nationwide Permits (NWPs). The Final Notice ofReissuance of Nationwide Permits was published in the Federal Register (Part II, Vol. 72, No . 47, pages 11092-11198) on March 12, 2007 .. Proposed regional conditions for NWPs in Texas were proposed in an October 12, 2006 public notice. · The Texas Commission on EnviroDII).ental Quality (TCEQ) bas reviewed the Final Notice of Reissuance of Nationwide Pennits and the proposed regional conditions. On behalf of the Executive Director and based on our evaluation of the information contained in these documents, the TCEQ certifies that the activities authorized by NWPs 1, 2, 4, 5, 8, 9, '10, 11, 20, 23, 24, 28, 34, 35, and 48 should not result in a violation of established Texas Surface Water Quality Standards as required by Section 401 of the Federal Clean Water Act and pursuant to Title 30, Texas Administrative Code, Chapter 279 . The TCEQ conditionally certifies that the activities authorized byNWPs 3, 6, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36 , 37, 38, 39 , 40 , 41, 42, 43, 44, 45, 46, 47, 49, and 50 should not result in a violation of established Texas Surface Water Quality ~tandards as required by Section401 of the Federal Clean Water Act and pursuant to Title 30, Texas Administrative Code, Chapter 279. Conditions for each NWP are defined in Enclosure 1 and ·mqre detail on specific conditions are discussed below~· · The TCEQ understands that ~ prohibition against the use ofNWPs in coastal dune swales will be included in the 2007 Texas Regional Conditions (Regional Conditions) for .certain NWPs consistent with the 2002 Texas Regional Conditions. 1nclusion of a prohibition ofusing NWPs in coastal dune swales is a condition of this 401 TCEQ certification. · The prohibition of sidecasting of materials was removed from .NWP 41 in the 2007 NWP renewal . In the November 28, 2006 TCEQ comment letter to the Corps regarding the Regional ConditioI).S for NWP 41, the TCEQ requested the prolnoition against the permanent sidecasting of excavated materials into waters of the P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • Internet address: www.tceq.state.tx.us i I l · ! I .. f i l Ms. Denise Sloan U.S. Army Corps ofEngineers USACE Nationwide Penni ts Page2 April 26, 2007 U.S . be i~cluded as a regional condition._ The TCEQ recommended that if the sidecasting prohibition is not included in the Regional Conditions , that a limit on the amount of waters of the U.S . that can be impacted by the si9ecasting, and a requirement for mitigation of those impacts be included as a regional condition. If the Corps chooses to not include a prohibition against sidecasting materi al in the Regional Conditions, the TCEQ conditional certification of NWP 41 is that the area impacted by the sidecasting should not exceed 3 acres or 1500 linear feet. For purposes of calculating the threshold one acre of impact i s consid ered equal to 500 linear feet. Inclusion of a prohibition against the permanent sidecasting of material that impacts more then 3 acres or iSOO linear feet under NWP 41 is a condition of this 401 TCEQ certification. ' . In the November 28, 2006 TCEQ comment letter to the Corps regarding the Regional Conditions for NWP 46 (previously NWP B), the TCEQ requested a regional c,;ondition for NWP 46 that contains an upper limit no greater than 1,500 linear feet. Inclusion of a limit no greater than 1,500 linear feet under NWP 46 is a condition of this 401 TCEQ certification . · The TCEQ wants to clarify the application ofNWP 16 in Texas. NWP 16 should be limited to the return water from upland contained dredged material disposal areas. It is important to empbasize the intent for dredged · inaterial disposal. The TCEQ understands dredged material to be associated with navigational dredging activities, not commercial mining activities. To avoid confusion the TCEQ requests that a regional condition be added that prolubits the use of NWP 16 for activities that would be regulated tmder Standard Industrial Classification (SIC) .codes '1442 and 1446 (industrial an_d construction sand and gravel mining) .. This condition is also included as part of the 401 certification of]'fWP 16. · · The final NWP 16 states · that the quality of the return water is controlled by the state through the 401 certification procedures. Consistent with previous NWPs certification decisions the TCEQ 'is conditionally certifying NWP 16 for the return water from confined upland disposal not to exceed a 300 mg/L Total Suspended Solids (TSS) concentration and request the Corps to include · this condition m th~ Regional Conditions . The TCEQ recognizes the usefulness of having an instantaneous-method to d~termine compliance with the 300 mg/L TSS limit How.ever, existing literature and analysis of paired samples of turbidity and TSS from the Texas Surface Water Quality Data indicate this relationship mu~ be a site specific characterization of the actual sediments to be dredged. To address this approach we have included :new language in the NWP 16 conditional certification that allows flexibility to use an instantaneous method in implementing the TSS limit when a site specific correlation curve for turbidity (nephelometric turbidity units (NTU)) versus TSS has been approved by TCEQ. The TCEQ remains mterested . m working with the Corps in ·1be development of these curves. We encourage the Corps to accept the conditional certification ofNWP 16 as a Regional Condition and that we work together to find the best methods to implement this limit In evaluating this condition for the Regional Conditions for NWPs the TCEQ encourages the Corps to consider that TSS limits are promulgated as effluent limits under Title 40 of the Code of Federal Regulations. The TCEQ requirement to control return water from confined upland disposal n9t to exceed a 300 mg.i'L TSS has also been included in .mdividual 404 permits. It is also important to note that the T~Q effectively imposes I - i ! t I .. Ms. Denise Sloan U.S. Army Corps of Engineers USACE Nationwide Permits Page3 April26,2007 · TSS effluent limits in thousands of wastewater discharge pennits issued in Texas under Section 402 of the federal Clean Water Act. The TCEQ is conditionally certifying NWP General Condition #12 Soil Erosion and Sediment Controls, and General Condition #21 Water Quality. The conditions address three broad categories of water quality management with specific recommendations for Best Management Practices (BMPs) for each category. These BMPs are intended to enhance the water quality protection of these General Conditions. A list of TCEQ- recommended BMPs is included as Enclosure 2. Enclosure 3 is provided as a quick reference for all NWPs. A detailed description of the BM:Ps is provided in Enclosure 4. Runoff from bridge decks has been exempted from the requirement for post-construction total suspended solids (TSS) controls under General Condition 21. As stated in otrr April 3, 2007 letter to the Corps, the TCEQ would like to include these BMPs for the protection of waters in the state specific to each NWP as part of the regional conditions for Texas. The TCEQ is conditionally certifying NWPs 13, 29, 39, 40, 41, 42, 43 to require the Corps to copy TCEQ on all wri~ approvals of waivers for impacts to ephemeral, intermittent or perennial streams. The TCEQ is conditionally certifying NWP 36 to require the Corps to copy TCEQ on all written waivers for discharges greater than the 50 cubic yard limit or boat ramps greater than 20 feet in width. The TCEQ is also conditionally certifying General Condition 20 Mitigation to require the Corps ·to copy TCEQ on any written notification of a mitigation waiver. In addition, TCEQ understands that a regional condition will be added that requires mitigation for streams and special aquatic sites, such as pools/riffles, seagrass, and . mudflats that will adequately compensate for their functions and values. The TCEQ is requesting this information to fulfill its responsibility to ensure water of the state is appropriately protected by understanding the impact of waivers being granted in Texas. This certification decision is limited t~ those activities under the jurisdiction of the TCEQ. For a~tivities related to the production and exploration of oil and gas a Texas Railroad Commission certification is required as provided in the Texas Water Code §26.131. Toe ·TCEQ has reviewed the Notice ofReissuance of Nationwide Permits for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Co~rdination Council, 31 TAC §505.30, and has determined that the action is consistent with the applicable CMP goals and policies. This certification was reviewed for consii;tency with the Clv.1P's development in critical areas policy {31 TAC §501.14(h)} and dredging and dredged material disposal and placement policy {31 TAC §501.14G)}. This certification complies with the CMP goals {31 TAC §501.12(1,2,3 ,5)} applic~ble to these policies. The TCEQ reserves the right to modify this certification if additional information identifies i;pecific a,reas where significant impacts, including cumulative or secondary impacts, are occurring, and the use of these NWPs would be inappropriate. · I· I Ms. Denise Sloan U.S . Army Corps of Engineers USACE Nationwide Permits Page4 April 26, 2007 No review of property rights, location of property lines, nor the distinction between public and private ownership has been made; and this certification may not be · used in any way .with regard to questions of ownership_. If you require further assistance, please contact Ms. Lori Hamilton, Water Quality Assessment Section, Water Quality Diyision (MC-150), at (512) 239-0683 . · · Sincerely, ~1CJ~~ai -_ L'g});_ St~:y,~.E., Director Water Quality Division . Texas Commission on Environmental Quality LWS/LH/jp Enclosures ccs: U.S . .Anny .Corps of Engineers Southwestern Division ATIN: Ms. Vicki Dixon 1100 Commerce Street , Dallas, Texas 75242-0216 U.S. Army Corps of Engineers Regulatory Branch CESWF-OD-R_ ATTN: Mr. Wayne Lea P.O. Box 17300 Fort-Worth, Texas 76102-0300 U.S. Army Corps ofEngineers ATTN: Regulatory Section 1645 South 101 East Avenue Tulsa, Oklahoma 74128-4609 U.S. Army Corps of Engineers Albuquerque District 4101 Jefferson Plaza, NE Albuquerque, New Mexico 87109 .. .. - Enclosure 1 I I I I t 1· I I .. Conditions of Section 401 Certification for Nationwide Permits and General Conditions General Condition 12 (Soil Erosion and Sediment Controls) Erosion control and sediment control BMPs described in Attachment 1 are required with the use of this general condition. If the applicant does not choose one of the BMPs listed in Attachment 1, an individual 401 certification is required. General Condition 21 (Water Quality) Post-construction total suspended solids (TSS) BMPs described in Attachment 1 are required with the use of this general condition. If the applicant does not choose one of the BMP's listed in Attachment 1, an individual 401 certification is required. Bridge deck runoff is exempt from this requirement. General Condition 20 (Mitigation) Mitigation will be required for streams and special aquatic sites, suQh as pools/riffles, seagrass, a.I+d mudflats, that will adequately compensate for their functions and values unless the Corps provides a project-specific waiver of this requirement. The U.S. Army Corps of Engineers will copy the TCEQ on all mitigation waivers sent to applicants. "NWPs 13,29,39,40,41,42,43 The U.S. Anny Corps of Engineers will copy _the TCEQ on all written approvals of waivers for impacts to ephemeral, intermittent or perennial streams. "NWPs 7, 12, 14, 15, 17, 18, 19, 22, 25, 29, 30, 31, 32, 33, 36, 37, 39, 40, 41, 42, 43, 44, 45,46 These NWPs are not authorized for use in coastal dune swales in Texas. NWP 3 (Maintenance) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 6 (Survey Activities) Soil Erosion a:nd Sediment Controls under General Condition 12 are required. NWP 7 (Outfall Structures and Associated Intake Structures) Soil Erosion and Sediment Controls under General Condition 12 are required. . ' I I I ,. '. NWP 12 (Utility Line Activities) Soil Erosion and Sediment Controls under General Condition . 12 are required. Post- construction TSS controls under General Condition 21 are required. NWP 13 (Bank Stabilization) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 14 (Linear Transportation Projects) So il Erosion and Sediment Controls under General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required . NWP 15 (U.S . Coast Guard Approved Bridges) Soil Erosion and Sediment Controls under General Condition 12 are required; NWP 16 (Return Water From Upland Contained Disposal Areas) Activities that would be regulated under Standard Industrial Classification (SIC) co.des 1442 arid 1446 (industrial and construction sand and gravel mining) are not eligible for . this NWP. Effluent from .an upland contained . disposal area shall not exceed a TSS concentration of 300 mg/L unless a site-specific TSS limit, or a site specific correlation · curve for turbidity (nephelometric turbidity units (NTU)) versus (TSS) has been approved byTCEQ. NWP 17 (Hydropower Projects) Soil Erosion and Sediment Controls under General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required. NWP 18 (Minor Discharges) Soil Erosion and Sediment Controls under . General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required. NWP 19 (Minor Dredging) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 21 (Surface Coal Mining Operations) Soil Erosion and Sediment Controls under General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required. < l 1 i 1 l NWP 22 (Removal of Vessels) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 25 (Structural Discharges) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 27 (Aquatic Habitat Restoration, Establishment, and Enhancement Activities)· Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 29 (Residential Developments) Soil Erosion and Sediment Controls under G~neral Condition 12 are required. Post- construction TSS controls under General Condition 21 are required. NWP 30 (Moist Soil Management for Wildlife) Soil Erosion and Sediment _Controls under General Condition 12 are required. NWP 31 _(Maintenance of Existing Flood Control Facilities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required. NWP 32 (Completed Enforcement Actions) Soil Erosion and Sediment Controls under General Condition. 12 are required. NWP 33 (Temporary Construction, Access and Dewatering) -Soil Erosion and Sediment Controls under General Condition. 12 are required. NWP 36 (Boat Ramps) The U.S. Anny Corps of Engineers will copy the TCEQ on all written waivers for discharges greater than the 50 cubic yard limit or boat ramps greater than 20 feet in width. · Soil Erosion and Sediment Controls under General Condition 12 are required. Post-construction TSS controls under General Condition 21 are required. NWP 37 (Emergency Watershed Protection and Rehabilitation) Soil Erosion and Sediment Controls under General Condition 12 .are required. . ' NWP 38 (Cleanup of Hazardous and Toxic Waste) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 39 (Commercial and Institutional Developments) Soil Erosion and Sediment Controls under General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required. NWP 40 (Agricultural Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required. NWP 41 (Reshaping Existing Drainage Ditches) The area impacted by the sidecasting should not exceed 3 acres or 1500 linear feet. For purposes of calculating the threshold, one acre of impact is considered equal to 500 linear · feet of impact. Soil Erosion and Sediment Controls under General Condition 12 are required. Post-construction TSS controls under General Condition 21 are required. NWP 42 (Recreational Facilities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required. NWP 43 (Stormwater Management Facilities) Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 44 (Mining Activities) · Soil Erosion and Sediment Controls under General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required. NWP 45 (Repair of Uplands Damaged by Discrete Events) Soil Erosion and Sediment Controls under General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required. NWP 46 (Discharges in Ditches) The area impacted by discharges in ditches should not exceed 1500 linear feet. Soil Erosion and Sediment Controls under General Condition 12 are required. I I I I /· i NWP 47 (Pipeline Safety Program De~ignated Time Sensitive -Inspections and Repairs) . Soil Erosion and Sediment Controls under General Condition 12 are required. NWP 49 (Coal Remining Activities) Soil Erosion and Sediment Controls under General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required . NWP 50 (Underground Coal Mining Activities) Soil Erosion and Sediment Controls under · General Condition 12 are required. Post- construction TSS controls under General Condition 21 are required. Enclosure 2 "- i I I I I Texas Commission on Environmental Quality 401 Water Quality Certification Conditions for Nationwide Permits Attachment 1 Below are the 401 water quality certification conditions the Tex as Commission on Environmental Quality (TCEQ) added to the March 12, 2007 issuance of Nationwide Permits (NWP), as descriped in the Federal Register (Part II, Vol. 67, No. 10, pages 2020-2095). Additional information regarding these conditions, including descriptions of the best management practices (B:M.Ps), can be obtained from the TCEQ by contacting the 401 Coordinator, MC-150, P.O. Box 13087, Austin, Texas 78711-3087 or from the appropriate U.S. Army Corps of Engineers district office. I. Erosion Control Disturbed areas must be stabilized to prevent the introduction of sediment to adjacent wetlands or water bodies during wet weather conditions ( erosion). At least one of the following BM.Ps must be maintained and remain in place until the area has been stabilized forNW.Ps 3 , 6, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43 , 44, 45, 46, 47, 49, and 50 . If the applicant does not choose one of the BM.Ps listed, an individual 401 certification is required. o Temporary Vegetation o Mulch o Interceptor Swale o Erosion Control Compost o Compost Filter Berms and Socks II. Sedimentation Control o Blankets/Matting o Sod o Diversion Dike o Mulch Filter Berms and Socks Prior to project initiation, the project area must be isolated from adjacent wetlands and water bodies by the use of BM.Ps to confine sediment bredged material shall be placed in such · a manner that prevents sediment runoff into water in the state, including wetlands. Water bodies can be isolated by the use of one or more of the required BMPs identified for sedimentation control. These BM.P's must be maintained and remain in place until the dredged material is stabilized. At least one of the following BMPs must be maintained and remain in place until the area has been stabilized forNWPs 3, 6, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33; 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 49, and 50. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. ·· ·· · ... · i .• ",.· .. • . o Sand Bag Berm o RockBerm o SiltFence o Hay Bale Dike " o Triangular Filter Dike o Brush Berms Rev ised Ap ril 13, 2007 Page I of3 / 401 Water Quality Certification Conditions for Nationwide Permits Page2 o Stone Outlet Sediment Traps o Erosion Control Compost o Compost Filter Berins and Socks III. Post-Construction TSS Control o Sediment Basins o Mulch Filter Berms and Socks After construction has been completed and the site is stabilized, total suspended solids (TSS) loadings shall be controlled by at least one 9fthe following BMPs forNWPs 12, 14, 17, 18, 21, 29, 31, 36, 39, 40, 41, 42, 44, 45, 49, and 50. If the applicant does not choose one of the BMPs listed, an individual 401 certification is required. Runoff from bridge decks has been exempted from the requirement for post construction TSS controls. o Retention/Irrigation Systems o Constructed Wetlands o Extended Detention Basin o Wet Basins o Vegetative Filter Strips o Vegetation lined drainage ditches o Grassy Swales o Sand Filter Systems o Erosion Control Compost o Mulch Filter Berms and Socks o Compost Filter Benns and Socks o Sedimentation Chambers* · * Only to be used when there is no space available for other approved BMPs. IV. NWP 16: Return Water from Upland Contained Disposal Areas Effluent from an upland contained disposal area shall not exceed a TSS concentration of300 mg/L unless a site-specific TSS limit, or a site specific correlation curve for turbidity (nephelometric turbidity units (NTU)) versus (TSS) has been approved by TCEQ. V. NWP 29, 39, 40, and 42, 43 The Corps will copy the TCEQ on all authorizations for impacts of greater than 300 linear feet of intermittent and ephemeral .. streams. , .. ·, ·~ ,.;. ... .· ··, •... ,. VI. NWP 13 and 41 The Corps will copy the TCEQ on all authorizations for impacts greater than 500 linear feet in length of ephemeral, intermittent, perennial streams or drainage ditches. Revised April 13, 2007 Page2 of3 :····. 401 Water Quality Certification Conditions for Nationwide Permits Page3 VII. NWP36 The Corps will copy the TCEQ on all authorizations for discharges greater than the 50 cubic yard limit or boat ramps greater than 20 feet in width. VIII. NWPs 7, 12, 14, 15, 17, 18, 19, 22, 25, 29, 30, 31, 32, 33, 36, 37, 39, 40, 41; 42, 43,44, 45, 46 These NWPs are not authorized for use in coastal dune swales in Texas . . , .. ,· Revised April 13, 2007 Page 3 of3 Enclosure 3 I I I l · !· l ; l l ,.\. Table 1 Reference to Nationwide Permits Best Management Practices Requirements NWP Permit Description Erosion Control Sediment Control Post Construction TSS . 1 Aids to Navigation 2 Structures in Artificial Canals X X 3 Maintenance 4 Fish and Wildlife Harvesting, Enhancemi,nt and Attraction Devices and Activities ) Scientific Measurement Devices X X 6 Survey Activities X X 7 Outfall Structures and Associated Intake Structures 8 Oil and Gas Structures on the Outer Continental Shelf 9 Structures in Fleeting and Anchorage Areas 10 Mooring Buoys 11 Temporary Recreational Structures ' X x · X 12 Utility Line Activities X X 13 Banlc Stabilization X X X 14 Linear Transportation Projects X X 15 U.S. Coast Guard Approved Bridges 16 Return Water From Upland Contained Disposal Areas X X X 17 Hydropower Projects X X X 18 Minor Discharges . , _ . < • ~ 0"' M< X X . ' 19 Minor Dredging 20 Oil Spill Cleanup X X X 21 Surface Coal Mining Operations X X 22 Removal ofVessels 23 Approved Categorical Exclusions Revised April 2 , 2007 Page I of3 Table 1 Reference to Nationwide Permits Best Management Practices Requirements NWP Permit Description Erosion Control Sediment Control Post Construction TSS 24 Indian Tribe or State Administered Section 404 Programs X X 25 Structural Discharges 26 [Reserved] X X 27 Aquatic Habitat Restoration, Establishment, and Enhancement Activities 28 Modifications of Existing Marinas X X X 29 Residential Developments X X 30 Moist Soil Management for Wildlife X X X 31 Maintenance of Existing· Flood Control Facilities X X 32 Completed Enforcement Actions X X 33 Temporary Construction, Access and Dewatering 34 Cranberry Production Activities 35 Maintenance Dredging of Existing Basins X X X 36 Boat Ramps X X 37 Emergency Watershed Protection and Rehabilitation X X 38 Cleanup ofHazardous and Toxic Waste X X X 39 Connnercial and Institutional Developments X X X 40 Agriculturc1l Activities ,. ·· ........ ~· X X X 41 Reshaping Existing Drainage Ditches X 42 Recreational Fac~ties X X 43 Stormwater Management Facilities X X 44 Mining Activities X X X Revised April 2, 2007 Page 2 of3 Table 1 Reference to Nationwide Permits Best Management Practices Requirements NWP P ennit Description Erosion Control Sediment Control Post · Construction TSS 45 Repair of Uplands Damaged by X X X Discrete Events . 46 Discharges in D itches X X 47 Pipeline Safety Program Designated X X Time Sensitive Inspections and Repairs 48 Existing Commercial Shellfish Aquaculture .Activities 49 Coal Remining Activities X X X 50 Underground Coal Mining Activities X X X .,• •. , .,,. • .,,, •L •• ; ,;, •.• :,• I Revised April 2, 2007 Page 3 of3 · Enclosure 4 · Description of BMPs EROSION CONTROL BMPs Temporary Vegetation Description: Vegetation can be used as a temporary or permanent stabilization technique for areas disturbed by construction. Vegetation effectively reduces erosion in swales, stockpiles, berms, mild to medium slopes , and along roadways . Other techniques such as matting, mulches, and grading · may be required to assist -in the establishment of vegetation. Materials: • The type of temporary vegetation used on a site is a function of the season and the availability of water for irrigation. ~ Temporary vegetation should be selected appropriately for the area . • County agricultural extension agents are a good source for suggestions for temporary vegetation. • All seed should be high quality, U.S. Dept. of Agriculture certified seed. Installation: • Grading must be completed prior to seeding. • Slopes should be min imized. • Erosion control structL!res should be installed. • Seedbe_ds should be well pulverized, loose, and uniform. • Fertilizers should be applied at appropriate rates. • Seeding rates should be applied as recommended by the county agricultural extension agent. • The seed should be applied u_niformly. • Steep slopes should be · covered with appropriate soil stabilization matting. Blankets and Matting Description: Blankets and matting material can be used as an aid to control erosion on critical . sites during the establishment period of protective vegetation. The most common uses are in channels, interceptor swales, diversion dikes, short, steep slopes; and on tidal or stream _banks. Revised April 2, 2007 Page 1 of32 ,. r I [ I Materials: New types of blankets and matting materials are continuously being developed. The Texas Department of Transportation (TxDOT) has defined the critical performance factors forthese types of products and has established minimum performance standards which must be met for any product seeking to be approved for use within any of TxDOT's construction or maintenance activities. The products that have been approved by T x DOT are also appropriate for general construction site stabilization. . Tx DOT maintains a web site . at http ://www.dot.state.tx.us/insdtdot/orgchart/cmd/erosion/contents.httm which is updated as new products are evaluated . Installation: • Insta ll in accordance with the manufacturer's recommendations. • Proper anchoring of the material. • Prepare a friable seed bed relatively free from clods and rocks and any foreign material. • Fertilize and seed in accordance with seed ing or other type of planting plan. • Erosion stops should extend beyond the channel liner to full design cross-section of the channel. ·•A uniform trench perpendicular to line of flow may be dug with a spade or a mechanical trencher. • Erosion stops should be deep enough to penetrate solid material or below level of ruling in sandy soils. • Erosion stop mats should be wide enough to allow turnover at bottom of trench for stapling, while maintaining the top edge flush with channel surface. Mulch Description: Mulching is the process of applying a material to the exposed soil surface to protect it from erosive forces and to cons·erve soil moisture until plants can become established. When seeding critical sites, shes with adverse soil conditions or seeding on other than· optimum seeding dates, mulch material should be applied immediately after seeding. Seedihg during optimum seeding dates ~nd with favorable soils and site conditions will not need to be mulched. Materials: • Mulch may be small grain straw which should be applied uniformly. • On slopes 15 percent or greater, a binding chemical must be applied to the surface. • Wood-fiber or paper-fiber mulch may be applied by hydroseeding . • Mu lch nettings may be used. • Wood chips may be used where appropriate. Revised April 2, 2007 Page 2 of32 Installation: Mulch anchoring should be accomplished immediqtely after mulch placement. This may be done by one of the following methods: peg and twine, mulch netting, mulch anchoring tool, or liquid mulch binders . ' · Description: Sod is appropriate for disturbed areas which require immediate vegetative covers, or where sodding is preferred to other means of grass ·establishment. Locations particularly suited to stabilization with. sod are waterways carrying intermittent flow, areas around drop inlets or in grassed swales, and residential or commercial . lawns where quick use or aesthetics are factc::>rs. Sod is composed of living plants and those plants must receive adequate care in order to provide vegetative stabilization on a disturbe.d area. Materials: • Sod should be machine cut at a uniform soil thickness. • Pieces of sod should be cut to the supplier's standard width and length. • Torn or uneven pads are not acceptable. • Sections of sod should be strong enough to support their own weight and retain their size and shape when .suspended from a firm grasp . • Sod should be harvested, delivered, and installed within a period of 36 hours. Installation: · • Areas to be sodded should be brought to final grade. • The surface should be cleared of all trash and debris. ·• Fertilize according to soil tests. • Fertilizer should be worked into the soil. • Sod should not be cut or laid in excessively wet or dry weather. ·•Sod should not be laid on soil surfaces that are frozen. • During periods ofhigh temperature, the soil should be lightly irrigated. • The first row of sod should be laid in a straight line with subsequent rows placed parallel to and butting tightly against each other. • Lateral joints should be staggered to promote more uniform growth and strength . • Wherever erosion may be a problem, sod should be laid with staggered joints and secured. Revised April 2, 2007 Page 3 of32 . • Sod should be installed with the length perpendicular to the slope (on the contour) . . • Sod should be rolled or tamped. • Sod should be irrigated to a sufficient depth . • Watering should be performed as often as necessary to maintain so i l moisture. • The first mowing should not be attempted until the sod is firmly rooted.· • Not more than one third of the grass leaf should be removed at any one cutting. Interceptor Swale Interceptor swales are used to shorten the length of exposed slope by intercepting runoff, prevent off-site runoff from entering ·the disturbed area, and prevent sediment-laden runoff from leaving a disturbed site. They may have a· v-shape or be trapezoidal with a flat bottom and side slopes of 3: 1 or flatter. The outflow from a swale should be directed to a stabilized outlet or sediment trapping device. The swales should remain in place until the disturbed area is permanently stabilized. Materials: • Stabilization should consist of a layer of crushed stone three inches thick, riprap or high velocity erosion control mats. · • Stone stabilization should be used when grades exceed 2% or velocities exceed 6 feet per second. · • Stabilization should extend across the bottom of the swale and up both sides of the channel to a minimum height of three inches above the design water surface elevation based on a 2-year, 24- hour storm. Installation: • An interceptor swale should be installed across exposed slopes during ~onstruction and should intercept no more than 5 acres of runoff. • All earth removed and not needed in construction should be disposed of in an approved spoils site so that it will not interfere with the functioning of the swale or contribute to siltation in other areas of the site. • All frees, brush, stumps, obstructions and other material should be removed and disposed of so as not to interfere with the proper functioning of the swale. • Swales should have a maximum depth of 1.5 feet with side slopes of 3:1 or flatter. Swales should have positive drainage for the entire length to an outlet. • When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope), stabilization is required. Stabilization should be crushed stone placed in a layer of at least 3 inches thick or may be high velocity erosion control matting. Check dams are also recommended to Revised April 2, 2007 Page 4 of32 reduce velocities in the swales possibly reducing the amount of stabilization necessary. • Minimum compaction for the swale should be 90% standard proctor density. Diversion Dikes A temporary diversion dike is a barrier created by the placement of an earthen embankment to reroute the flow of runoff to an erosion control device or away from an open, easily erodi.ble area. A diversion dike intercepts runoff from small upland areas and diverts it away from exposed slopes to a stabilized outlet, such as a rock berm, sandbag berm, or stone outlet structure. These controls can be used on the perimeter of the site to prevent runoff from entering the construction area. Dikes are generally used for the duration of construction to intercept and reroute runoff from disturbed areas to prevent excessive erosion until permanent drainage features are installed and/or slopes are stabilized. · Materials: • Stone stabilization (required for velocities in excess of 6 fps) should consist of riprap placed in a layer at least 3 inches thick and should extend a minimum height of 3 inches above the design Water surface up the existing slope and the upstream face of the dike. • Geotextile fabric should be a non-woven polypropylene fabric designed specifically for use as a soil filtration media with an approximate weight of 6 oz./yd 2 , a Mullen burst rating of 140 psi, and having an equivalent opening size (EOS) greater than a #50 sieve. Installation: . . · • Diversion dikes should be installed prior to and mainta.ined for the duration of construction and should intercept no more than 10 acres of runoff. • Dikes should have a minimum top width of 2 feet and a. minimum height of compacted fili of 18 inches measured form the top of the existing ground at the upslope toe to top of the dike and have side slopes of 3:1 or flatter. • The soil for the dike should be placed in lifts of 8 inches or less and be compacted to 95 % standard proctor -density. • The channel, which is formed by the dike, must have positive drainage for its entire length to an outlet. • When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope), stabilization is required . In situations where velocities do not exceed 6 feet per second,. vegetation may be used to controi erosion. Erosion Control Compost Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical sites during the establishment period of protective vegetation. The most common uses are on steep slopes, swales, diversion dikes, and on tidal or stream banks. Revised April 2, 2007 Page 5 c:if32 I -I I I ! I I Materials: . New types of eros ion control compost are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or ma intenance activities. Material used within any TxDOT construction or maintenance activities must meet material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. ECC used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as an ECC, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost prodµcts outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standar.ds are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCG) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for ECC to ensL!re that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of · Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at http://tmecc.org/sta/STA_program_description.html. Installation: • Install in accordance with current TxDOT specification. • Use on slopes 3:1 or flatter. • Apply a 2 inch uniform layer unless otherwise shown on the pla·ns or as directed. • When rolling is specified, use a light corrugated drum roller. Revised April 2, 2007 Page 6 of 32 Mulch Filter Berms and Socks Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from unprot ected areas. When properly used , mulch filter berms and socks can be highly effective at controlling sediment from disturbed areas . They cause runoff to pond wh ich allows heavier solids to settle. Mulch filter berms and socks are used during the period of construction near the perimeterof a disturbed area to intercept sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Mulch filter berms should not be used when there is a concentration of water in a channel or drainage way. If concentrated flows occur after installation, corrective action must be taken . Mulch filter soc~s may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of mulch filter berms and socks are continuously being developed. . The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities , Mulch filter berms and socks used w ithin any TxDOT construction or maintenance activities must meet material specifications in accordance with .current TxDOT specifications. TxDOT maintains a website at http://www.dot.state.tx.us/des/Jandscape/compost/specificatiQns.htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. Mulch filter berms and socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used for mulch filter berms and socks, products should me(;lt all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (US EPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requireinents required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost specification data approved byTxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the Uri \ted States Composting Council (USCG) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for mulch filter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze .materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCG Seal of Testing Assurance (STA) program Revised April 2, 2007 Page 7 of 32 contains information regarding compost STA certification . ST A program information can be found at http ://tmecc .org/sta/STA_program_description.html . Installation: • Install in accordance with current TxDOT specification. • Mulch filter berms should be constructed at 1-1/2feet high and 3 foot wide at locations shown on plans . · • Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of the height of the berm. Disperse filter berm or leave in place as directed. • Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed . Sock materials should be designed to allow for proper percolation through . Compost Filter Berms and Socks Description: Compost filter berms and socks are used to intercept and detain sediment laden run- off from unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Compost filter berms and socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Compost filter berms should not be used when there is a concentration of water in a channel or drainage way. If concentrated flows occur after installation ·, corrective action must be taken. Compost filter socks may be installed in construction areas and temporality moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Compost filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of compost filter berms and socks are continuously being developed. The Texas . Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction.or maintenance activities. Compost filter berms and socks used within any TxDOT construction or maintenance activities must meet material specifications in accordance with TxDOT specification 1059. TxDOT maintains a website at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. Compost filter berms and socks used ·for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as compost filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant Revised April 2, 2007 Page 8 of32 requirements for compost products outlined in TAC, Chapter 332 . Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final Product Grades . Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for gu idance. · Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use . The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for compost filter berms and socks to ensure thatthe products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides p·rotocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at http://tmecc.org/sta/STA_program_description.html. · · Installation: • Install in accordanc.e with TxDOT Special Specification 1059. • Compost filter berms shall be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans. • Routinely inspect and maintain filter berm in a functional ·condition at all times. Correct deficiencies immediately. Install additional filter berm material as directed .. Remove sediment after it has reached 1/3 of the height of the berm. Disperse filter berm or leave in place as directed. • Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed. Sock materials shall be designed allowing for.proper percolation through. SEDIMENT CONTROL BMPS Sand Bag Berm Description: The purpose of a sandbag berm is to detain sediment.carried in runoff from disturbed areas. This objective is accomplished by intercepting runoff and causing itto pool behind the sand bag berm. Sediment carried in the runoff is deposited on the upstream side of the sand bag berm due to the reduced flow velocity. Excess runoff volumes are allowed to flow over the top of the sand bag berm. Sand bag berms are used only during construction activities in streambeds when the contributing drainage area is between 5 and 1 O acres and the slope is less than 15%, i.e., utility construction in channels, temporary channel crossing for construction equipment, etc. Plastic facing should be installed on the upstream side and the berm should be anchored to the streambed by drilling into the rock and driving in ''T" posts or re bar (#5 or #6) spaced appropriately. Revised April 2, 2007 Page 9 of32 Materials: • The sand bag material should be polypropylene, polyethylene, polyamide or cotton burlap woven . fabric, minimum unit weight 4 ozlyd 2, mullen burst strength exceeding 300 psi and ultraviolet · stability exceeding 70 percent. • The bag length should be 24 to 30 inches, width should be 16 to 18 inches and thickness should be 6 to 8 inches . • Sandbags should be filled with coarse grade sand and free from deleterious material. All sand should pass through a No. 10 sieve. The filled bag should have an approximate weight of 40 pounds. · • Outlet pipe should be schedule 40 or stronger polyvinyl chloride (PVC) having a nominal internal diameter of 4 inches. Installation: • The berm should be a minimum height of 18 inches, measured from the top of the existing ground at the upslope toe to the top of the berm. • The berm should be sized as shown in the plans but should have a minimum width of 48 inches measured at the bottom of the berm and 16 inches measured at the top of the berm. • Runoff water should flow over the tops of the sandbags or through 4:-inch diameter PVC pipes embedded below the top layer of bags. · • When a sandbag is filled with material, the open end of the sandbag should .be stapled or tied with nylon or poly cord. • Sandbags should · be stacked in at least three rows abutting each other, and in staggered arrangement. · • The base of the berm should have at least 3 sandbags. These can be reduced to 2 and 1 bag in the second and third rows respectively. • For each additional 6 inches of height, an additional sandbag must be added to each row width. • A bypass pump-around system, or similar alternative, should be used on conjunction with the berm for effective dewatering of the work area. Silt Fence Description: A silt fence is a barrier consisting of geotextile fabric supported by metal posts to prevent soil and sediment loss from a site. When properly used, silt fences can be highly effective · at controlling sediment from disturbed areas. They cause runoff to ·pond which allows heavier solids to settle. lfnot properly installed, silt fences .are not likely to be effective. The purpose of a silt fence is to intercept and detain water-borne sediment from unprotected areas of a limited extent. Silt fence is used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. This fence should remain in place until the ·disturbed area is permanently stabilized. Silt fence should not be used where there is· a Revised April 2, 2007 Page 10 of32 I I I · t ! l l concentration of water in a channel or drainage way. If concentrated flow occurs after installation, corrective action must be taken such as placing a rock berm in the areas of concentrated flow. Silt fencing within the site may be temporarily moved during the day to allow construction activity · provided it is replaced and properly anchored to the ground at the end of the day. Silt fences on the perimeter of the site or around drainage ways should not be moved at any time. Materials: • Silt fence material should be polypropylene, polyethylene or polyam ide woven or nonwoven fabric. The fabric w idth should be 36 inches, w ith a minimum unit weight of 4.5 ozlyd , mullen burst strength exceeding 190 lb/in 2, ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No . 30. · • Fence posts should be made of hot rolled steel, at least 4 feet long with Tee or Y-bar cross section , surface painted or galvanized, minimum nominal weight 125 lb/ft2, and Brindel! hardness exceeding 140. · • Woven wire backing to support the fabric should be galvanized 2" x 4" welded wire, 12 gauge minimum-; Installation: • Steel posts, which support the silt fence, should be installed on a slight angle toward the anticipated runoff source . Post must be embedded a minimum of 1 foot deep and spaced not more than 8 feet on center. Where water concentrates, the maximum spacing should be 6 feet. • Lay out fencing dowri-slope of disturbed area, following the contour as closely as possible. The fence should be sited so that the maximum drainage area is % acre/100 feet of fence. • The toe of the silt fence should be trenched in with a spade or mechanical trencher, so that the down-slope face of the trench is flat and perpendicular to the line offlow. Where fence cannot be trenched in (e.g., pavement or rock outcrop), weight fabric flap with_ 3 inches of pea gravel on uphill side to prevent flow from seeping under fence. • The trench must be a minimum of 6 inches deep and 6 inches wide to allow for the silt fence fal;>ric to be laid in the ground and backfilled with compacted material. • Silt fence should be securely fastened to each steel support post or to woven wire, which is in tum attached to the steel fen·ce p9st. There should be a 3-foot overlap, securely fastened where ends of fabric meet. Triangular Filter Dike Description: The purpose of a triangular sediment filter dike is to intercept and detain water-borne sedimentfrom unprotected areas of limited extent. The triangular sediment filter dike is used where there is no concentration of wa~er in a channel or other drainage way above the barrier and the contributing drainage area is less than one acre. If the uphill slope above the dike exceeds 10%, the length of the slope above the dike should be less than 50 feet. If concentrated flow occurs after installation, corrective action should be taken such as placing rock berm in the areas of concentrated flow. This measure is effective on paved areas where installation of siltfence is not possible or where vehicle access must be maintained. The advantage of these controls is the ease Revised April 2, 2007 Page 11 of 32 I ! r ! with which t hey can be moved to allow vehicle traffic and t hen re installed to maintain sediment Ma t erials: • Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric. The fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst strength exceed ing 190 lb/in 2 , ultraviolet stability exceeding 70%, and min imum apparent ·opening size of U.S . Sieve No . 30 . • The dike structure should be 6 gauge 6" x 6" wire mesh folded into triangular form being eighteen (18) inches on each side. Installation: • The frame of the triangular sediment filter dike should be constructed of 6 " x 6" ,. 6 gauge welded wire mesh, 18 inches per side, and wrapped with geotexti le fabric the same composition as that used for silt fences. • Filter material should lap over ends six (6) inches to cover dike to dike junction; each junction should be secured by shoat rings . • Position dike parallel to the contours, with the end of each section closely abutting the adjacent sections. • There are severai'options for fastening the filter dike to the ground. The fabric skirt may be toed-in with 6 inches of compacted material, or 12 inches of the fabric skirt should extend uphill and be secured with a minimum of 3 inches of open graded rock, .or with staples or nails. If these two options are not feasible the dike structure may be trenched in 4 inches. • Triangular sediment filter _dikes should be installed across exposed slopes during construction with ends of the dike tied into existing grades to prevent failure and should intercept no more than one acre of runoff. • When moved to allow vehicular access, the dikes should be reinstalled as soon as possible, but always at the end of the workday. · · Rock Berm Description: The purpose of a rock berm is to serve as a check dam in areas of concentrated flow, to intercept sediment-laden runoff, detain the sediment and release the water in sheet flow. The rock berm should be used when the contributing drainage area i s less than 5 acres. Rock berms are used in areas where the volume of runoff is too great for a silt fence to contain. They are less effective for sediment removal than silt fences, particularly for fine particles, but are able to · withstand higher flows than a silt fence . As such, rock berms are often used .i n areas of channel f lows (d itches , gullies, etc.). Rock berms are most effective at reducing bed load in channels and should not be substituted for other erosion and sediment control measures further up the watershed. Materials: • The berm structure should be secured with a woven wire sheathing having maximum opening of 1 inch and a minimum wire d iameter of 20 gauge galvanized and should be secured with shoat · rings. Revi sed Apr il 2, 2007 Page 12 of32 ' i ·. ! • Clean, open graded 3-to 5-inch diameter rock should be used , except in areas where high 'velocities or large volumes of f low are expected, where 5-to 8-inch diameter rocks may be used. Installation: • Lay out the woven wire sheathing perpendicular to the flow line. The sheathing should be 20 gauge woven wire mesh with 1 inch openings. • Berm should have a top width of 2 feet minimum w ith side slopes being 2: 1 (H:V) or flatter.·. • Place the rock along the sheathing to a height not less than 18". • Wrap the wire sheathing around the rock and secure with tie wire so that the ends of the sheathing overlap at least 2 inches, and the berm retains its shape when walked upon. • Berm should be buiit along the contour at zero percent grade or as near as possible. • The ends of the berm should be tied into existing upslope grade and the berm should be buried in a trench approximately 3 to 4 inches deep to prevent failure of the control. , Hay Bale Dike Description: The purpose of a hay or straw bale dike is to intercept and detain small amounts of sediment-laden runoff from relatively small unprotected areas. Straw bales are to be used when it is not feasible to install other, more effective measures or when the construction phase is expected to last less than 3 months. Straw bales should not be used on areas where rock or other hard surfaces prevent the full and uniform anchoring of the barrier. Materials: Straw: The best quality straw mulch comes from wheat, oats or barley and shoulp be free of weed and grass seed which may not be desired vegetation for the area to be protected. Straw mulch is light and therefore must be properly anchored to the ground. Hay: This is very similar to straw with the exception that it is made of grasses and weeds and not grain stems. This form of mulch is very inexpensive and is widely available but does introduce weed and grass seed to the area. Like straw, hay is light and must be anchored. • Straw bales should weigh a minimum of 50 pounds and should be at least 30 inches long. · • Bales should be composed entirely of vegetable matter and be free of seeds. · • Binding should be either wire or nylon string , jute or cotton binding is unacceptable. Bales should be used for not mor~ than two months before being replaced . Installation: • Bales should be embedded a minimum of 4 inches and securely anchored using 2" x 2" wood · stakes or 3/8" diameter rebar driven through the bales into the ground a minimum of 6 inches. • Bales are to be placed directly adjacent to one another leaving no gap between them . Revised °April 2, 2007 Page 13 of32 i i I !, I 1 • All bales should be placed on the con tour. • The first sta ke in each bale should be angled toward the previous ly laid ba le to force the bales together. - Brush Berms Organic litter and spoil material from site clearing operations is usually burned or hauled away to be dumped elsewhere. Much of this material can be used effectively on the construction site itself. The key to constructing an efficient brush berm is in the method used to obtain and place the brush. It will not be acceptable to simply take a bulldozer and push whole trees into a pile . This method does not assure continuous ground contact with the berm and will allow uncontrolled flows under the berm. Brush berms may be used where there is little or no concentration of water in a channel or other drainage way above the berm . The size of the drainage area should be no greater than one-fourth of an acre per 100 feet of barrier-length; the maximum slope length beh i nd the barrier should not exceed 100 feet; and the maximum slope gradient behind the barrier should be less than 50 percent (2:1 ). . Materials: • The brush should consist of woody brush and branches, preferably less than 2 inches in diameter. • The filter fabric should conform to the specifications for filter fence fabric. • The rope should be 1/4 inch polypropylene or nylon rope. • The anchors should be 3/8-inch diameter rebar stakes that are 18-inches long. Installation: • Lay out the brush berm following the contour as closely as possible. • The juniper limbs should be cut and hand placed with the vegetated part of the limb 1n close contact with the ground. Each subsequent branch should overlap the previous branch providing a shingle effect. • The brush berm should be constructed in lifts with each layer extending the entire length of the berm before the next layer is started. • A trench should be excavated 6-inches wide and 4-inches deep along the length .of the barrier and immediately uphill from the barrier. • The filter fabric should be cut into lengths sufficient to lay across the barrier from its up-slope base to just beyond its peak . The lengths of filter fabric should be draped across the width of the barrier with the uphill edge placed in the trench and the edges of adjacent pieces overlapping each other. Where joints are necessary, the fabric should be spliced together with a minimum 6-inch overlap Revised Apri l 2, 2007 Page 14 of32 and securely sealed. • The trench should be backfilled and the soil compacted over the filter fabric. • Set stakes into the ground along the downhill edge of the brush barrier, and anchor the fabric by tying rope from the fabric to the stakes . Drive the rope anchors into the ground at approximately a 45-degree angle to the ground on 6-foot centers. • Fasten the rope to the anchors and tighten berm securely to the ground with a minimum tension of 50 pounds. • . The height of the brush berm should be a minimum of 24 inches after the securing ropes have been tightened. Stone Outlet Sediment Traps A stone outlet sediment trap is an impoundment created by the placement of an earthen and stone embankment to prevent soil and sediment Joss from a site. The purpose of a sediment trap is to intercept sediment-laden runoff and trap the sediment in order to protect drainage ways; properties and rights of way below the sediment trap from sedimentation. A sediment trap is usually installed at points of discharge from d.isturbed areas. The drainage area for a sedimenttrap is recommended to be Jess than 5 acres. Larger areas should be treated using a sediment basin. A sediment trap differs from a sediment basin mainly in the type of discharge structure. The trap should be located to obtain the maximum · storage benefit from the terrain, for ease of clean out and disposal of the trapped · sediment and to minimize interference with construction activities. The volume of the trap should be at least 3600 cubic feet per acre of drainage area. Materials: • All aggregate should be ,at lest 3 inches in diameter and should not exceed a volume of 0.5 cubic foot. • The geotextile fabric specification should be woven polypropylene, polyethylene or polyamide geotextile, minimum unit weight of :4.5 ozlyd 2, mullen burst strength at least 250 lb/in 2, ultraviolet stability exceeding 70%, and equivalent opening size exceeding 40. Installation: • Earth Embankment: Place fill material in layers not more than 8 inches in loose depth. Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content of the material. Compact each layer to 95 percent standard · proctor density. Do not place material on surfaces that are muddy or frozen. Side slopes for the embankment are to be 3:1 .. The minimum width of the embankment should be 3 feet. • A gap is to be left in the embankment in the location where the natural confluence of runoff crosses the embankment line, The gap is to have a width in feet equal to 6 times the drainage area in acres. Revised April 2, 2007 Page 15 of32 I I I I • Geotextile Covered Rock Core: A core of filter stone hav in g a min imum height of 1.5 feet and a minimum width at the base of 3 feet should be placed across the opening of the · earth embankment and should be covered_by geotextile fabric which should extend a minimum distance of 2 feet in either direction from the base of the filter stone core. • Filter Stone Embankment: Filter stone should be placed over the geotextile and is to have a side . slope which matches that of the earth embankment of 3: 1 and should cover the geotextile/rock core a minimum of 6 inches when installation is complete. The crest of the outlet should be at least 1 foot below the top of the embankment. Sediment Basins : The purpose of a sediment basin isto intercept sediment-laden runoff and trap the sediment in order to protect .drainage ways, properties and rights of way below the sediment basin from sedimentation. A sediment basin is usually installed at points of discharge from disturbed areas. The drainage area for a sed iment basin is recommended to be less than 100 acreE!. Sedimen t basins are effective for capturing and slowly releasing the runoff from larger disturbed areas thereby allowing sedimentation to take place. A sediment basin can be created where a permanent pond BMP is being constructed. Guidelines for construction of the permanent BMP should be followed, but revegetation, placement of underdrain piping, and installation of sand or other filter media should not be carried out until the site construction phase is complete. Materials: • Riser should be corrugated metal or reinforced concrete pipe or box and should have watertight fittings or end to end connections of sections. • _An outlet pipe of corrugated metal or reinforced conc;:rete should be attached to the riser and should have positive flow to a stabilized outlet on the downstream side of the embankment. • An anti-vortex device and rubbish screen should be attached .to the top of the ris er and should · be made of polyvinyl chloride or corrugated metal. Basin Design and Construction: • For common drainage locations that serve an area with ten or more acres disturbed at one time, • a sediment basin should provide storage for a volume of rµnoff from a two-year, 24-hour storm from each disturbed acre drained. • The basin length to width ratio should be at least 2:1 to improve trapping efficiency. The shape may be attained by excavation or the use of baffles. The lengths should be measured at the elevation of the riser de-watering hole. • Place .fill material in layers not more than 8 inches in loose depth. Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content of the material. Compact each layer to 95 percent standard proctor density. Do not place material on surfaces that are muddy or frozen. Side slopes for the embankment should be 3:1 (H:V). • An emergency spillway should be installed adjacent to the embankment on undisturbed soil and should be sized to carry the full amount of flow generated by a 10-year, 3-hour stomi with 1 foot Revised April 2, 2007 Page 16 of32 offreeboard less the amount which can be carried by the principal outlet control device. • The emergency spillway should be lined with riprap as should the swale leading from the spillway to the normal watercourse at the base of the embankment. • The principal outlet control device should consist of a rigid vertically oriented ·pipe or box of corrugated metal .or reinforced concrete. Attached to· this structure should be a horizontal pipe, which should extend through the embankment to the toe of fill to provide a de-watering outlet for the basin. • An anti-vortex device -should be attached to the inlet portion of the principal outlet control device to serve as a rubbish screen. • A concrete base should be used to anchor the principal outlet control device and should be sized to provide a. safety factor of 1.5 ( downward forces = 1.5 buoyant forces). • The basin should include a permanent stake to indicate the sediment level in _the pool and marked to indicate when the sediment occupies 50% of the basin volume (not the top of the stake). · • The top ofthe riser pipe should remain open and be guarded with a trash rack and anti-vortex device. The top of the riser should be 12 inche~ below the elevation of the emergency spillway. The riser should be sized to convey the runoff from the 2-year, 3-hm.ir storm when the water surface is at the emergency spillway elevation. For basins with no spillway the riser must be sized to convey the runoff from the 10-yr, 3-hour storm. • Anti-seep collars should be included when soil conditions or length of service make piping. through the backfill a possibility. • The 48-hour drawdown time will be achieved by using a riser pipe perforated at the point measured from the bottom of the riser pipe equal to 1h the volume of the basin. This is the maximum sediment storage elevation. The size of the perforation may be calculated as follows: Ao Where: Asx,,fii Cdx980,000 A 0 = Area of the de-watering hole, ft 2 As = Surface area of the basin, ft 2 Cd= Coefficient of contraction, approximately 0.6 h = head of water above the hole, ft . Perforating the riser with multiple holes with a combined surface area equal to A 0 is acceptable. Erosion Control.Compost Description: Erosion co.ntrol compost (ECC) can be used as an aid to control erosion on critical Revised April 2, 2007 Page 17 of32 sites during the establishment period of protective vegetation.·The most common uses are on steep slopes, swales, diversion dikes, and on tidal or stream banks. Materials: New types of erosion control compost are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities. Material used within any TxDOT construction or. maintenance activities must meet material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at http://www.dot.state .tx.us/des/landscape/compost/specifications.htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) ·restricts the use of certain compost products. · ECC used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data. To ensure the quality of compost used as an ECC, products should meet all applicable state and federal regulc1tions, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TME;CC) should be conducted on compost products used . for ECC to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the compqsting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification . STA program information can be found at http://tmecc.org/sta/STA_program_description.html. Installation: • Install in accordance with current TxDOT specification. • Use on slopes 3:1 or flatter. • Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed. • When .rolling is specified, use a light corrugated drum roller. Revised April 2, 2007 Page 18 of32 Mulch Filter Berms and Socks Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from unprotected areas . When properly used, mulch filter berms and socks can be highly effective at controlling sediment from disturbed areas . They cause runoff to pond which allows heavier solids to settle . Mulch filter berms and socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Mulch filter berms should not be used when there is a .concentration of water in a channel or drainage way. .If concentrated flows occur after installation, corrective action must be taken. Mulch filter socks may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of mulch filter berms and socks are continuously being developed. The Texas Department of Transport~tion (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities. Mulch filter berms and socks used within ariy TxDOT construction or maintenance activities must m~et material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. Mulch filter berms and socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specificatior:i data. To ensure the quality of compost used for mulch filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost specification data approved byTxDOT are appropriate to use for ensuring the use of quality compost materials or for guid.ance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USC9) Test Methods for the Examination of Composting and Com_post (TMECC) should be conducted on compost products used for mulch filter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at Revised April 2, 2007 Page 19 of 32 http ://www.tmecc.org/tmecc /i ndex.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certificat ion. ST A program information can be found at http://tmecc.org/sta/STA_program_description.html. Installation: • Install in accordance with curren t TxDOT specification . • Mulch filter berms should be cons tructed at 1-1/2 feet high and 3 foot wide at locations shown on plans. • Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies immediately. Install additional filter berm material as directed . Remove sediment after it has reached 1/3 of the height of the berm. Disperse filter berm or leave in place as directed. • Mulch filter socks should be in 8 inch,· 12 inch or 18 inch or as directed. Sock materia ls should be designed to allow for proper percolation through. Compost Filter Berms and Socks Description: Compost filter berms and socks are used to intercept and detain sediment laden run- off from unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Com.post filter berms and socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through . The berm or sock should remain in place until the area is permanently stabilized. Compost filter berms should not be used when there is a concentration of water in a channel or drainage way. If concentrated flows occur after installation , corrective action must be taken . Compost filter socks may be installed in construction areas and temporality moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Compost filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: New types of compost filter berms and socks are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenance activities. Compost filter berms and socks used within any TxDOT construction or maintenance activities must meet material specifications in accordance with TxDOT specification 1059. TxDOT maintains a · website at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. Compost filter berms and socks used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost specification data . To ensure the quality of compost used as compost filter berms and socks , products should meet all applicable state and federal regulations, including but not limited to the Un ited States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40 , Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Revised -April 2 , 2007 Page 20 of32 Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332 . Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis ReC;Juirements for Final Products and §332 .72 Final Product Grades . Compost specification data approved by TxDOT are appropriate to use for ensuring the use of qu_ality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) sh"Ould be conducted on compost products used for compost filter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample , monitor, and analyze materials during all stages of the composting process. · Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at http://tmecc.org/sta/STA_program_description.html. Installation: • Install in accordance with TxDOT Special Specification 1059 .. • Compost filter berms shall be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans. • Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of the height of the berm. Disperse filter berm or leave in place as directed. • Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as· directed. Sock materials shall be design~d allowing for proper percolation through. POST-CONSTRUCTION TSS CONTROLS Retention/Irrigation Systems Description: Retention/irrigation systems refer to the capture ofrunoff in a holding pond, then use of the captured water for irrigation of appropriate landscape areas. Retention/irrigation systems are characterized by the capture and disposal of runoff without direct release of captured flow to receiving streams. Retention systems exhibit excellent pollutant removal but can require regular, proper maintenance. Collection "of roof runoff for subsequent use (rainwater harvesting) also qualifies as a retention/irrigation practice, but should be operated and sized to provide adequate volume. This technology, which emphasizes beneficial use of stormwater runoff, is particularly appropriate fqr arid regions because of increasing demands on water supplies for agricultural · irrigation and urban water supply. Revised April 2, 2007 Page 21 of32 Design Considerations: Retention/irriga tion pract ices achieve 100% removal efficiency of total suspended solids · conta ined within the vo lume of water captured . Design elements of retention/irrigation sys tems include runoff storage facility configuration and sizing, pump and wet well system components , basin lining , basin deten t ion t ime , and ph ysical and operational components of the irrigation system: Retention/irriga tion systems are appropriate for large drainage areas w ith low to moderate slopes . The retention capacity should be sufficient cons idering t he average rainfall event for the area . Maintenance Requirements: Maintenance requirements for retention/irrigation systems include routine inspections, sediment removal, mowing, debris and litter removal , erosion control, and nuisance control. Extended Detention Basin Description: Extended detention facilities are basins that temporarily store a portion of stormwater runoff following a storm event. Extended detention basins are normally used to remove particulate pol lutants and to reduce maximum runoff rates associated with development to their pre- development levels. The water quality benefits are the removal of sediment and buoyant materials. Furthermore, nutrients, heavy metals, toxic materials, and oxygen-demanding materials associated with the particles also are removed. The control of the maximum runoff rates serves to protect · drainage chanriels below the device from erosion and to reduce downstream flooding. Although detention facilities designed for flood control have different design requirements than those used for water quality enhancement, it is possible to achieve these two objectives in a si~gle facility. Design Considerations: Extended detention basins can remove approximately 75% of the total suspended solids contained within the volume of runoff captured in the basin .. Design elements of extended detention basins include basin sizing, basin configuration , basin side slopes, basin lining, inlet/outlet structures , and erosion controls. Exte rided detention basins are .appropriate for large · drainage areas with low to moderate slopes . The retention capacity should b_e sufficient considering the average rainfall event for the area. Maintenance Requirements: Maintenance requirements for extended detention basins include routine inspections, mowing, debris and litter removal, erosion control, structural repairs,·nuisance control, and sediment removal. Vegetative Filter Strips Description: Filter strips, also known as vegetated buffer strips, are vegetated sections of land similar to grassy swales except they are essentially flat with low slopes, and are designed only to accept runoff as overland sheet flow. They may appear in any vegetated form from grassland to forest, and are designed to intercept upstream flow, lower flow velocity, and spread water out as sheetflow. The dense vegetative covedacilitates conventional pollutantremovalthrough detention, filtration by vegetation, and infiltration. Filter strips cannot treat high velocity flows, and do not provide enough storage or infiltration to effectively reduce peak discharges to predevelopment levels for design storms. This lack.of quantity control favors use in rural or low-density development; however, they can provide water quality benefits even where the impervious cover is as high as 50%. The primary highway application for vegetative filter strips is along rural roadways where runoff that would otherwise discharge directly,to Revised April 2, 2007 Page 22 of32 a receiving water passes through the filter strip before entering a conveyance system. Properly designed roadway medians and shoulders make effective buffer strips . These devices also can be used on other types of development where land is available and hydraulic conditions are appropriate. Flat slopes and low to fair permeability of natural subsoil are required for effective performance of filter strips. Although an inexpensive control measure, they are most useful in contributing watershed areas where peak runoff velocities are low as they are unable to treat the high flow velocities . typically associated with high impervious cover. Successful performance of filter strips relies heavily ori maintaining shallow unconcentrated flow. To avoid flow channelization and maintain performance, a filter strip should : • Be equipped with a level spreading device for even distribution of runoff • Contain dense vegetation with a mix of erosion resistant: soil binding species • Be graded to a uniform, even and relatively low slope • Laterally traverse the contributing runoff area Filter strips can be used upgradient from watercourses, wetlands, or other water boc;:lies along toes and tops of slopes and at outlets of other stormwater management structures. They should be incorporated into street drainage and master drainage plc1rining. The most important criteria for ·selection and use of this BMP are soils, space, and slope . Design Considerations: Vegetative filter strips can remove approximately 85% of the total suspended solids contained within the volume of runoff captured . Design elements of vegetative filter strips include uniform,-shallow overland flow across the entire filter strip area, hydraulic loading rate, inlet structures, slope, and vegetative cover. The area should be free of gullies or rills which can concentrate flow. Vegetative filter strips are appropriate for small drainage areas with moderate . slopes. Other desig _n elements include the following: · • Soils and moisture are adequate to gray,, relatively dense vegetative stands • Sufficient space is available • Slope is less than 12% • Comparable performance to more expensive structural controls Maintenance Requirements: Maintenance requirements for vegetative filter strips include pest management, seasonal mowing and lawn care, routine inspections, debris and litter removal, sediment removal, and grass reseeding and mulching. Constructed Wetlands · ,Description: · Constructed wetlands provide physical, chemical, and biological water quality Revised April 2, 2007 Page23 of32 I I I I ! I i .. treatme nt of stormwater runoff. Physical treatment occurs as a result of decreasing flow velocities in the wetland, and is present in the form of evaporation, sedimentation, adsorption, and/or filtration . Chemical processes include chelation, precipitation , and chemical adsorption . Biological processes include decomposition, plant uptake and removal of nutrients, plus biological transformation and degradation. Hydrology is one of the most influential factors in poilutant removal due to its effects on sedimentation, aeration , biological transformation, and adsorption onto bottom sediments. The wetland should be des igned such that a min imum amount of ma intenance is required . The natural surroundings, includ ing such things as the potential energy of a st ream or flooding river, should be ut ilized as much as possible. The wetland should appro ximate a natural situation and unnatural attributes, such as rectangular shape or rigid channel , should be avoided. S ite considerations should include the water table depth, so il/substrate, and space requirements . Because the wetland must have a source of flow, it is desirable that the water table is at or near the surface . If runoff is the only source of inflow for the wetland , the water level often f luctuates and establishment of vegetation may be difficu lt. The soil or substrate of an artificial wetlan.d should be loose loam to clay. A perenn ial baseflow must be present to sustain the artificial wetland. The presence of organic material is often helpful in increasing pollutant removal and retention. A greater amount of space is required for a wetland system than is required for a detention facility,treatihg the same amount of area. Design Considerations.: Constructed wetlands can remove over 90% of the total suspended solids contained within the volume of runoff captured in the wetland. Design elements of constructed wetlands include wetta·nd sizing, wetland ·configuration , sediment forebay, vegetation, outflow structure, depth of inundation during storm events, depth of micropools, and aeration . Constructed wetlands are appropriate for la rge drainage areas with low to moderate slopes. · Maintenance Requirements: Maintenance requirements for constructed wetlands include mowing, routine inspections, debris and litter removal, erosion control, nu isance control, structural repairs, sediment removal, harvesting , and mai ntenance of water levels. Wet Basins Description: Wet basins are runoff control facilities that maintain a permanent wet pool and a standing crop of emergent littoral vegetation. These facilities may vary in appearance from natural ponds to enlarged , ber.med (manmade) sections of drainage systems and may function as on line or offline facilities, although offline configuration is preferable. Offline designs can prevent scour and other damage to the wet pond and minimize costly outflow structure elements needed to accommodate extreme runoff events . During storm events, runoff inflows displace part or all of the existing basin volume and are retained · and treated in the facility until the next storm event. The pollutant removal mechanisms are settling of solids , wetland plant uptake, and .microbial degradation . When the wet basin is adequately sized, pollutant removal performance can be excellent, especially for the dissolved fraction. Wet basins also help provide erosion protection for the receiving channel by lim iting peak flows during larger storm events. Wet basins are often perceived as a positive aesthetic element in a community and offer significant opportunity for creative pond configuration and landscape design. Participation of an experienced wetland designer is suggested . A significant potentia l drawback for wet ponds in arid climates is that the contributing watershed for these facilities is . often incapable of providing an adequate water supply to maintain the permanent pool, especially during the summer months. Makeup water (i.e ., well water or municipal drinking water) is sometimes used to supplement the Revi sed Apr il 2, 2007 Page24 of 32 rainfall/runoff process, espec ially for wet basin facilities treating watersheds that generate insufficient runoff. Design Considerations: Wet basins can remove over90% of the total suspended solids contained within the vol ume of runoff captured in the basin. Design elements of wet basins include basin sizing, bas i n configuration, basin side slopes , sediment forebay , inflow and outflow structures, vegetation, depth of permanent pool, aeration, and erosion control. Wet basins are appropriate for large drainage areas with low to moderate slopes. Maintenance Requirements: Maintenance requirements for wet basins include mowing, routine inspections, debris and litter removal, erosion control, nuisance control , structural repairs, sediment removal , and harvesting. Grassy Swales Grassy swales are vegetated channels that convey stormwater and remove pollutants by filtration through grass and infiltration through soil. They require shallow slopes and soils that drain well. Pollutant removal capability is related to channel dimensions, longitudinal slope , and type of vegetation. Optimum design of these components will incmase contact time of runoff through the swale and improve pollutant removal rates. Grassy swales are primarily stormwater conveyance systems. They can provide sufficient control under light to moderate runoff conditions, but their ability to control large storms is limited. Therefore, they are most applicable in low to moderate sloped areas or along highway medians as an alternative to ditches and curb and gutter drainage .. Their performance diminishes sharply in highly urbanized settings , and they are generally not effective enough to receive construction stage runoff where high sediment loads can overwhelm the system . Grassy swales can be used as a pretreatment measure for other downstream BMPs, .such as extended detention basins. Enhanced grassy swales utilize check dams and wide depressions to increase runoff storage and promote greater settling of pollutants. Grassy swales can be more aesthetically pleasing than concrete or rock-lined drainage systems and ars generally less expensive to construct and maintain . Swales can slightly redu.ce impervious area and reduce the pollutant accumulation and delivery associated with curbs and gutters . The · disadvantages of this technique include the possibility of erosion and channelization over time, and the need for more right-of-way as compared to a storm drain system. When properly constructed, inspected, and maintained, the life · expectancy of a swale is estimated to be 20 years. Design Considerations: • Comparable performance to wet basins · • Limited to treating a few acres • Availability of water during dry periods to maintain vegetation • Sufficient available land area The suitability of a swale at a site will depend on land use, size of _the area serviced, soil type, slope, imperviousness of the contributing watershed, and dimensions and slope of the swale system. In Revised April 2, 2 007 · Page 25 of 32 general, swales can be used to serve areas of less than 10 acres, with slopes no greater than 5 %. The seasonal high water table should be at least 4 feet below the surface. Use of natural topographic lows. is encouraged, and natural drainage courses should be regarded as significant local resources to be kept in use . Maintenance Requirements: Research in the Austin area indicates that vegetated controls are effective at removing pollutants even when dormant. Therefore, irrigation is not required to maintain growth during dry periods, but may be necessary only to prevent the vegetation from dying. Vegetation Lined Drainage Ditches Vegetation lined drainage ditches are similar to grassy swales. These drainage ditches are vegetated channels that convey storm water and remove pollutants by filtration through grass and infiltration through soil. They require soils that drain well. Pollutant removal capability is related to channel dimensions, longitudinal slope, and type of vegetation. Optimum design of these components will increase contact time of runoff through the ditch and improve pollutant removal rates. Vegetation lined drainage ditches are primarily storm water conveyance systems. They have vegetation lined in the low flow channel and may include vegetated s.helves. Vegetation in drainage ditches reduces .erosion and removes pollutants by lowering water velocity over the soil surface, binding soil particles with roots, and by filtration through grass and infiltration through soil. Vegetation lined drainage ditches can be used where: • A vegetative lining can provide sufficient stability for.the channel grade by increasing maximum permissible velocity • Slopes are generally less than 5%, with protection from sheer stress as needed through the use of BMPs, s·uch as erosion control blankets • Site conditions required to establish vegetation, i.e . climate, soils, topography, are present Design Criteria: The suitability of a vegetation lined drainage ditch at a site will depend on land use, size of the area serviced, soil type, slope, imperviousness of the contributing watershed, and dimensions and slope of the ditch system. The hydraulic capacity of the drainage ditch and other elements such as erosion, siltation, and pollutant removal capability, must be taken into consideration . Use of natural topographic lows is eincouraged, and natural drainage courses should be regarded as significantlocal resources to be kept in use. Other items to consider include the following: • Capacity, cross-section shape, side slopes, and grade .. Select appropriate native vegetation • Construct in stable, low areas to conform with the natural drainage system. To reduce erosion potential, design the channel to avoid sharp bends and steep grades. • Design and build drainage ditches with appropriate scour and erosion protection. Surface · water should be able to enter over the vegetated banks without erosion occurring. Revised April 2, 2007 Page 26 of32 • BMPs , such as erosion control blankets, may need to be installed at the time of seeding to provide stability until the vegetation is fully established. It may also· be necessary to divert water from the channel until vegetation is established or to line the channel with sod. • Vegetated ditches must not be subject to sedimentation from disturbed areas . • Sediment traps may be needed at channel inlets to prevent entry of muddy runoff and channel sedimentation. • Availability of water during dry periods to maintain vegetation • Sufficient available land area · Maintenance: During establishment, vegetation lined drainage ditches should be inspected, repaired , and vegetation reestablished if necessary. After the vegetation has become established, the ditch should be checked periodically to determine if the channel is withstanding flow velocities without damage. Check the ditch for debris, scour, or erosion and immediately make repairs if needed. Check the channel outlet and all road crossings for bank stability and evidence of piping or scour holes and make repair~ immediately. Remove all significant sediment accumulations to maintain the designed carrying capacity. Keep the vegetation in a healthy condition at all times, sin~e it is the primary erosion protection for the channel. Vegetation lined drainage ditches should be seasonally maintained by mowing or irrigating, depending on the vegetation selected. The long- term management of ditches as stable, vegetated, "natural" drainage systems with native vegetation buffers is highly recommended due to the inherent stability offered by grasses, shrubs, trees, and other vegetation. Research in the Austin area indicates that vegetated controls are effective at removing pollutants even when dormant. Therefore, irrigation is not required to maintain growth during dry periods, but may be necessary only to prevent-the vegetation from dying. Sand Filter Systems The objective of sand filters is to remove sediment and the pollutants from the first flush of pavement a.nd impervious area runoff. The filtration of nutrients, organics, and coliform bacteria is enhanced by a mat of bacterial slime that develops during normal operations. One of the main advantages of sand filters is their adaptability; they can be used on areas with thin soils, high evaporation rates, low-soil infiltration rates, in limited-space areas, and where groundwater is to be protected. Since their original inception in Austin, Texas, hundreds of intermittent sand filters have been implemented to treat stormwater runoff. There have been numerous alterations or variations in the original design as engineers in other jurisdictions have improved and adapted the technology to meet their specific requirements . Major types include the Austin Sand Filter, the District of Columbia Underground Sand Filter, the Alexandria Dry Vault Sand Filter, the Delaware Sand Filter, and peat- s.and filters which are adapted to provide a sorption layer and vegetative cover to various sand filter designs. · Revised April 2, 2007 Page 27 of 32 . ' Design Considerations: • Approp riate fo r space-l imited areas • App li cable in arid cl ima tes w here we t bas ins and con st ructed wetlands are not appropria t e • High TSS remov al efficie ncy Cost Considerations: Filtration Systems may ~equ ire less land than some ot her BMPs, reducing the land acquisition cost; however the structure it self is one of the more expensive BMPs. In addition, maintenance cost can be substantial. Erosion Control Compost Description: Eros ion control compost (ECC) can be used as an aid to contro l erosion on critical sites during the establishmen t period of protective vege tation. The most common uses are on steep slopes, swa les, d ivers ion dikes , and on tidal or stream banks. · Materials: New types of erosion control compost are continuously being developed . The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use w ithin any of TxDOT's cbnstruction or ma intenance activities. Material used within any TxDOT construction or maintenance activities must meet material specifications i n accordance with current TxDOT specifications. TxDOT mainta ins a website at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost specification data . This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certa in compost products. Ecc· used for projects not related to TxDOT should also be of quality materials by meeting performance standards and compost spe~ification data . To ensure the quality of compost used as an ECC, products should meet all applicable state and federal regulations, including but not limited to the United States · Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now. named TCEQ) Health and Safety Regulations as · defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requ irements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, includ ing Sections §332.71 Sampling and Analysis Requirements for Final Prod~cts and §332.72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the pr9duct's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCG) Test Methods for the Examination of Composti ng and Compost" (TMECC) should be co n ducted on compost products used for ECC to ensure that the produ_cts used will not impact public health, safety, and the environment aod to promote production and marketing of quality composts that meet Revise d April 2, 2007 Page 28 of32 analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by follow ing protocols or test methods listed in TMECC . TMECC information can be found at http://www .tmecc.org/tmecc/ind~x.html. The USCG Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at http://tmecc.org/sta/STA_program_descript_ion.html. Installation : • Install in accordance with current TxDOT specification. • Use on slopes 3:1 or flatter. • Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed. • When rolling is specified, use a light corrugated drum roller. Mulch Filter Berms and Socks Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from unprotected areas. When properly used, mulch filter berms and socks can be highly effective at controlling sediment from disturbed areas . They cause runoff to pond which allows heavier solids to settle. Mulch filter berms and socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Mulch filter berms should not be used when there is a concentration of water in a channel or drainage way. If concentrated flows occur after installation, corrective action must be taken. Mulch filter socks may be installed in construction areas and temporarily moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: N·ew types of mulch filter berms and socks are continuously being developed. The Texas Department of Transportation (TxDOT) has established minimum performance standards which must be met for any products seeking to be approved for use within any ofTxDOT's construction or maintenance activities. Mulch filter berms and socks used within any TxDOT construction or maintenance activities must meet material specifications in accordance with current TxDOT .specifications. TxDOT maintains a website at http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use .of certain compost products. · Muich filter berms and socks used for projects not related to TxDOT shouid aiso be of quality materials by meeting performance standards and compost specification data . To ensure the quality of compost used for mulch filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ)Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant Revised April 2, 2007 Page 29 of32 .. requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332. 72 Final Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensur ing the use of quality compost materials or for guidance. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific use. The appropriate compost sampling and testing protocols included in the United States Composting Council (USCG) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for mulch filter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process .. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA program information can be found at http:/ /tmecc.org/sta/ST A_program_ description. htmL Installation: • Install in accordance with current TxDOT specification. • Mulch filter berms should be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans. · ( • Routinely inspect and maintain filter berm in a functional condition at" all times. Correct deficiencies immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of the height of-the berm. Disperse filter berm or leave in place as directed. · • Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should be designed to allow for proper percolation through. Compost Filter Berms and Socks Description: Compost filter berms and socks are used to intercept and detain sediment laden run- off from unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Compost filter berms and socks are used during the period of construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate through. The berm or sock should remain in place until the area is permanently stabilized. Compost filter berms should nofbe used when there is a concentration of water in a channel or drainage way. If concentrated flows occur after installation , corrective action must be taker. Compost filter socks may be installed in construction areas and terriporality moved during the day to allow construction activity provided it is replaced and properly anchored at the end of the day. Compost filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity. Materials: Revised April 2, 2007 Page 30 of 32 New types of compost filter berms and socks are continuously being developed. The Texas Department of Transportation (TxDOT) has es tablished minimum performance standards which must be met for any products seeking to be approved for use within any of TxDOT's construction or maintenan ce activ ities . Compost filter berms and socks used within any T xDOT construction or maintenance activities must meet material specifications in accordance with TxDOT specification 1059. TxDOT maintains a website at http ://www:dot.state.tx.us/des/landscape/compost/specifications .htm that provides information on compost specification data. This website also contains information on areas where the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost products. Compost fil t er berms and socks used for projects not related to T xDOT should also be of quality materia ls by meeting performance standards and compost specification data. To ensure the quality of compost used as compost filter berms and socks, products should meet all applicable state and federal regulations, including but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part503 Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final Product Grades . Compost specification data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance. · .. Testing standards are dependent upon the intended use for the compost and ensures product safety, and product performance regarding the product's specific. use. The appropriate compost - sampling and testing protocols included in the United States Composting Council (USCC) Test Methods for the Examination of Composting and Compost (TMECC) should be conducted on compost products used for compost filter berms and socks to ensure that the products used will not impact public health, safety, and the environment and to promote production and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that provides protocols for the composting industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous parameters that might be of concern in compost can be tested by following protocols or test methods listed in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.html. The USCG Seal of Testing Assurance (STA) program contains information regarding compost STA cer:tification. STA program information can be found at http://tmecc.org/sta/ST A _program_ description .html. · Installation: • Install in accordance with TxDOT Special Specification 1059. o Compost filter berms shall be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans . • Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of the height of the berm. Disperse filter berm or leave in place as d irected. Revised April 2, 2007 Page 31 of32 1· ! I I I • Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed . Sock materials shall be designed allowing for proper percolation through . Sedimentation Chambers (only to be used when there is no space available for other approved BMP's) · Description: Sedimentation chambers are stormwater treatment structures that can be used . when space is limited such as urban settings. These structures are often tied into stormwater drainage systems for treatment of stormwater prior to entering state waters. The water quality benefits are the removal of sediment and buoyant materials . These structures are not designed as a catch basin or detention bas in and not typically used for floodwater attenuation. Design Considerations: Average rainfall and surface area should be considered when follow ing manufacturer's recommendations for chamber sizing and/or number of units needed to achieve effective TSS removal. If properly sized, 50-80% removal of TSS can be expected . Maintenance Requirements: Maintenance requirements include routine inspections, sediment, debris and litter removal, erosion control and nuisance control. Revised April 2, 2007 Page 32 of32