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Contract 48020
CITY SECRETARY D.O.E. FILE ' CONTRACTENO �D�- CON CONTRAC oRsS WNDING CM FORT WORTH STRt MON'S COPY CLIENT DEPARTMENT PROJECT MANUAL FOR THE CONSTRUCTION OF Lower Como Creek Erosion Control Improvements City Project No. 01605 D.O.E. No. 7007 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation Public Works Department 2016 DeOtte, Inc. Firm No. F-003116 OF .. ....................... .. 1 RICHARD...:..MUTT • .,�., 74232 OFFICIAL RECORD 25 Zp�6 +CITY SECRETARY �FpR` 0 Ft DRTH,TX G � SF Official site of the Gty of Fort Worth,7e)ms CITY COUNCIL AGENDA FOR' T* H COUNCIL ACTION: Approves! on 6/28/2016 REFERENCE ,.C-27808 LOWER DATE: 6/28/2016 NO.: C-27$08 LOG NAME: COMO_CONSTRUCTION CODE: C TYPE: CONSENTPUBLIC NO HEARING: SUBJECT. Authorize Execution of a Contract with Austin Filter Systems, Inc., in the Amount of $611,638.00 for the Construction of Lower Como Erosion Control Improvements and Provide for Contingencies and Construction Services for a Total Construction Amount of $724,818.00 (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Austin Filter Systems, Inc., in the amount of$611,638.00 for'the construction of Lower Como Erosion Control Improvements. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the execution of a contract with Austin Filter Systems, Inc., in the amount of$611,638.00. This project will alleviate substantial and progressing creek erosion that poses a risk to public infrastructure in the Lower Como Creek and is causing property damage in the back of residential property along Driskell Boulevard. The project was advertised for bid in the Fort Worth Star-Telegram on March 17, 2016 and March 24, 2016. On April 14, 2016, the following bids were received: BIDDERS BID AMOUNT Austin Fitter Systems, Inc. $611,638.00 The Fain Group, Inc. $737,279.50 It is recommended that a contract be awarded in the amount of$611,638.00 to Austin Filter Systems, Inc. Costs for the implementation of this project will be funded by the Stormwater Capital Projects Bond Fund. The recommended contract award amount includes a pre-established field order allowance (construction allowance)of$26,500.00. Other budget items beyond the construction contract amount include$76,180.00 for construction management, survey, material testing, and inspection, and $37,000.00 for contingencies. The total construction budget is$724,818.00. Construction is anticipated to start in August 2016 and end in February 2017. This project will result in no additional impact to the Transportation and Public Works Department annual operating budget. M/WBE Office -Austin Filter Systems, Inc., is in compliance with the City's BDE Ordinance by committing to 11 percent MBE participation. The City's MBE goal on this project is 11 percent. This project is located in COUNCIL DISTRICT 3, Mapsco 75R FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated of the Stormwater Capital Projects Bond Fund. Appropriation Rnslning I Fund Source Amount Encumbrances Budget Stormwater Capital Projects $100,000.00 $0.00 $100,000.00 (52002) 1 . . Stormwater Capital Projects — $1,321,303.68 $24,370.38 $782,879.40 Bonds (59651) Stormwater Capital Projects $61,200.32 $0.00 $57,434.97 (59652) Total $940,314.37 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chart field 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I I I Year Chartfield 2 596511 0200431 1 5740010 1 C01605 I I CO2883 I 1 $611,638.0 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Raul Lopez(2457) ATTACHMENTS CP 01605 Form HB1295.pdf CP 01605 Map.Ddf FORT WORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page I of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 14 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 0041 01 Proposal Form 00 42 43 Unit Price Proposal Form 0043 13 Bid Bond 0043 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 - General Requirements 01 11 00 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 5813 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 7000 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 7423 Cleaning 01 77 19 Closeout Requirements 01 7823 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised November 22,2013 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 32-Exterior Improvements 3292 13 Hydromulching, Seeding and Sodding Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://proiecMgint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 02-Existing Conditions 0241 13 Selective Site Demolition Division 03- Concrete 03 30 00 Cast-In-Place Concrete Division 31 -Earthwork 31 1000 Site Clearing 31 23 16 Unclassified Excavation 31 24 00 Embankments 31 25 00 Erosion and Sediment Control Division 32-Exterior Improvements 3231 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 32 32 13 Cast-in-Place Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding,and Sodding 32 93 43 Trees and Shrubs Division 99—Non-Standard Items 99 99 01 Precast Concrete Retaining Wall 99 99 02 Articulating Concrete Block Mat 99 99 03 Slope Stabilization Mat with Anchors 99 99 04 Bend Way Weir 99 99 05 Planting Vegetation(Select) 99 99 06 2 Year Post-Completion Adjustments Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised November 22,2013 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised November 22,2013 LOWER COMO EROSION CONTROL BIPROVEMENTS ADDENDUM NO. 1 Please acknowledge receipt of the Addendum in the following locations: 1. In the space provided below 2. In the amended Proposal 3. Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED&ACKNOWLEDGED ADDENDUM NO. 1" Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered"NON-RESPONSIVE",resulting in disqualification.A signed cop of this addendum, shall be placed into the proposal at the time of the bid submittal. RECEIPT ACKNOWLEDGED: Austin Fi er Systems, Inc. BY� Mark Toungate-President Title: i Page 2of2 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO.2 LOWER COMO EROSION CONTROL IMPROVEMENTS D.O.E.7007 CITY PROJECT NO.01605 ADDENDUM RELEASE DATE:April 13,2016 BID OPENING DATE:April 14,2016 The Plans,Specifications,and Contract Documents for the above referenced project are hereby revised and amended as follows: 1. The following item is an RFl that came up after the pre-bid meeting and the response given: a. Q:Why does item 31 10 00 Site Clearing appear twice on the bid items list? A:Item 3-02 Site Clearing(ROW)refers to any and all necessary work to provide access to the construction site within the surrounding and adjacent"paper"street right of way. Item 3-06 Site Clearing refers to any site clearing at the jobsite up to but not including the removal of specified trees tagged and shown in the construction plans.This tree removal is covered by items 3-07,3-08,and 3-09. 2. Section 00 42 43 Proposal Form is being amended as follows a. Item 3-013110-0102 Mobilization shall be changed to 0170.0100 Mobilization. b. item 3-06 3110-0102 Site Clearing shall be changed to 3110.0101 Site Clearing The revised Section 00 42 43-Proposal Form reflecting the above changes is incladed as part of this Addendum No.2 and shall be used to replace the original one when submitting bids. 7 I D BY: f .l W Rich DeOtte,PE,CFM,DeOtte,Inc. Email:richdcotteCdeotte.com Phone:(817)337-8899 Page i of 2 Please acknowledge receipt of the Addendum in the following locations: 1. In the space provided below 2. In the amended Proposal 3. Indicate in upper case letters on the outside of the sealed bid envelope: "RECEI MD&ACKNOWLEDGED ADDENDUM NO. 1" Failure to acknowledge the receipt of Addendum No. I could cause the subject bidder to be considered"NON-RESPONSIVE",resulting in disqualification. A signed cop of this addendum shall be placed into the proposal at the time of the bid submittal. RECEIPT CKNOWLEDGED: Austin er Systems, Inc. By: + Mark Toungate-President Title: i I Page 2 of 2 000515-2 ADDENDA Page 2 of 2 END OF SECTION CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 00 11 13-1 INVITATION TO BIDDERS Page ] of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of Lower Como Erosion Control Improvements; City Project No. 6 01605 will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth, Texas 76102 12 until 11:30 P.M. CST,Thursday, APRIL 14,2016), and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate) following: 17 18 Erosion Control Improvements on 3 areas of Lower Como Creek. Improvements include: 19 550 SF Cast-in-place Concrete Retaining Wall 20 2,775 SF Pre-cast Concrete Retaining Wall 21 5,200 SF Concrete Block Mat 22 675 SY Reinforced Slope Stabilization 23 24 DOCUMENT EXAMINATION AND PROCUREMENTS 25 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 26 of Fort Worth's Purchasing Division website at http://www.fortworthyov.org/purchasin.g/and 27 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 28 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 29 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 30 Parties Form 1295 and the form must be submitted to the Project Manager before the 31 contract will be presented to the City Council. The form can be obtained at 32 httos://www.ethics.state.tx.us/tec/1295-Info.htm . 33 34 Copies of the Bidding and Contract Documents may be purchased from 35 36 DeOtte, Inc. 37 420 Johnson Rd, Suite 303 38 Keller, Texas 76248 39 40 The cost of Bidding and Contract Documents is: $50 41 Set of Bidding and Contract Documents with full size drawings: $150 42 Set of Bidding and Contract Documents with half size (if available)drawings: $100 43 44 45 PREBID CONFERENCE 46 A prebid conference will be held as described in Section 00 21 13 - INSTRUCTIONS TO 47 BIDDERS at the following location, date, and time: 48 DATE: Tuesday, April 5, 2016 49 TIME: 2:00 PM CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 23,2015 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 PLACE: City Hall 2 1000 Throckmorton St. 3 Fort Worth,Texas 76102 4 LOCATION: TPW Room 270 5 6 Attendance is strongly encouraged as there are specific details of the project and/or the 7 contract terms which will be discussed. 8 9 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 10 City reserves the right to waive irregularities and to accept or reject bids. 11 12 INQUIRIES 13 All inquiries relative to this procurement should be addressed to the following: 14 Attn: Raul Lopez, PE,City of Fort Worth 15 Email: raul.lopezroura @fortworthtexas.gov 16 Phone: (817)392-2457 17 AND/OR 18 Attn: Rich DeOtte, PE,CFM,DeOtte, Inc. 19 Email: richdeotte @deotte.com 20 Phone: (817)337-8899 21 22 ADVERTISEMENT DATES 23 Thursday,March 17,2016 24 Thursday,March 24,2016 25 26 END OF SECTION CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 23,2015 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 10 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder:Any person,firm,partnership,company,association,or 16 corporation acting directly through a duly authorized representative,submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 11.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a Iicense or grant 30 for any other use. 31 32 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 None Required per Project Manager(Via Email: 0411112016 Addenda.ti l 39 3.1.1. Paving—Requirements docum t located at; 40 htt s:// ro'ect oint. um w m/fortworth Tov/Resources/02%20- 41 °/20Construction%2ODo ments/ ontractor%2 Pre ual'f a ion/TPW%2OPavin 42 %20Co tract r%2OPr ualification%2OPro Yram/PRE UA FI ATION%20RE 43 UIREM ENTS%2 R%20PAVING%2000NTRACTORS.P F? u I'c 44 45 3.1.2. Roadway and Pedestrian ghting—Requirements document located at; 46 htt :H rojec oint.bu' w.com/fort,.vorthp.ov/Resources/02%20- 47 %.2 onstruction°/2 ocuments/Contr t r°/'IOPre lif do /TPW%2OPavin 48 %20 ontr ctor% req ualificati n%2OPro ram/PRE UAL IFICATI N%20RE 49 UI REM ENTS° ..0F0R%20PAVING%2000NTRACTORS.'D '? ublic CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised November 27,2012 002113-2 INSTRUCTIONS TO BIDDERS Pap 2of10 1 2 3.1.3. Water and Sanitary Sewer—Requirements document located at; 3 htt s:// roject oint.bii77 w.c /fortworth ov/R sources/02%20- 4 %20C nstr ction%2ODoc ent / ont actor%20Pre ualification/Water%2Oand%2 5 OSanita •%2OSewer%2 ontra tor%2OPre ualification%2OPro gram/WSS%20 re 6 quaM20requirementAdo0public 7 8 9 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 10 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 11 45 11,BIDDERS PREQUALIFICATIONS. 12 13 3.2.1. Submission of and/or questions related to prequalification should be addressed to 14 the City contact as provided in Paragraph 6.1. 15 16 17 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 18 bidder(s)for a project to submit such additional information as the City,in its sole 19 discretion may require,including but not limited to manpower and equipment records, 20 information about key personnel to be assigned to the project,and construction schedule, 21 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 22 deliver a quality product and successfully complete projects for the amount bid within 23 the stipulated time frame. Based upon the City's assessment of the submitted 24 information,a recommendation regarding the award of a contract will be made to the 25 City Council. Failure to submit the additional information,if requested,may be grounds 26 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 27 notified in writing of a recommendation to the City Council. 28 29 3.4.In addition to prequalification,additional requirements for qualification may be required 30 within various sections of the Contract Documents. 31 32 3.5.Special qualifications required for this project include the following: 33 34 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 35 36 4.1.Before submitting a Bid,each Bidder shall: 37 38 4.1.1. Examine and carefully study the Contract Documents and other related data 39 identified in the Bidding Documents(including"technical data" referred to in 40 Paragraph 4.2.below).No information given by City or any representative of the 41 City other than that contained in the Contract Documents and officially 42 promulgated addenda thereto,shall be binding upon the City. 43 44 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 45 site conditions that may affect cost,progress,performance or furnishing of the 46 Work. 47 48 4.1.3.Consider federal,state and local Laws and Regulations that may affect cost, 49 progress,performance or furnishing of the Work. 50 CITY OF FORT WORTH lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projoct No.01605 Revised November 27,2012 0021 13-3 INSTRUCTIONS TO BIDDERS Pop 3of10 1 4.1.4. Not Used. 2 3 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 4 contiguous to the Site and all drawings of physical conditions relating to existing 5 surface or subsurface structures at the Site(except Underground Facilities)that 6 have been identified in the Contract Documents as containing reliable"technical 7 data" and(ii)reports and drawings of HA72rdous Environmental Conditions,if any, 8 at the Site that have been identified in the Contract Documents as containing 9 reliable"technical data." 10 11 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 12 the information which the City will furnish.All additional information and data 13 which the City will supply after promulgation of the formal Contract Documents 14 shall be issued in the form of written addenda and shall become part of the Contract 15 Documents just as though such addenda were actually written into the original 16 Contract Documents.No information given by the City other than that contained in 17 the Contract Documents and officially promulgated addenda thereto,shall be 18 binding upon the City. 19 20 4.1.7. Perform independent research,investigations,tests,borings,and such other means 21 as may be necessary to gain a complete knowledge of the conditions which will be 22 encountered during the construction of the project. On request,City may provide 23 each Bidder access to the site to conduct such examinations,investigations, 24 explorations,tests and studies as each Bidder deems necessary for submission of a 25 Bid. Bidder must fill all holes and clean up and restore the site to its former 26 conditions upon completion of such explorations,investigations,tests and studies. 27 28 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 29 cost of doing the Work,time required for its completion,and obtain all information 30 required to make a proposal. Bidders shall rely exclusively and solely upon their 31 own estimates,investigation,research,tests,explorations,and other data which are 32 necessary for full and complete information upon which the proposal is to be based. 33 it is understood that the submission of a proposal is prima-facie evidence that the 34 Bidder has made the investigation,examinations and tests herein required.Claims 35 for additional compensation due to variations between conditions actually 36 encountered in construction and as indicated in the Contract Documents will not be 37 allowed. 38 39 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 40 between the Contract Documents and such other related documents.The Contractor 41 shall not take advantage of any gross error or omission in the Contract Documents, 42 and the City shall be permitted to make such corrections or interpretations as may 43 be deemed necessary for fulfillment of the intent of the Contract Documents. 44 45 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of 46 CRY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised November 27,2012 0021 13-4 INSTRUCTIONS TO BIDDERS Pegs 4 of 10 1 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 2 the site which have been utilized by City in preparation of the Contract Documents. 3 The logs of Soil Borings,if any,on the plans are for general information only. 4 Neither the City nor the Engineer guarantee that the data shown is representative of 5 conditions which actually exist. 6 7 4.2.2.those drawings of physical conditions in or relating to existing surface and 8 subsurface structures(except Underground Facilities)which are at or contiguous to 9 the site that have been utilized by City in preparation of the Contract Documents. 10 11 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 12 on request. Those reports and drawings may not be part of the Contract 13 Documents,but the"technical data"contained therein upon which Bidder is entitled 14 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 15 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 16 responsible for any interpretation or conclusion drawn from any "technical data" or 17 any other data,interpretations,opinions or information. 18 19 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 20 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 21 exception the Bid is premised upon performing and furnishing the Work required by the 22 Contract Documents and applying the specific means,methods,techniques,sequences or 23 procedures of construction(if any)that may be shown or indicated or expressly required 24 by the Contract Documents,(iii)that Bidder has given City written notice of all 25 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 26 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 27 etc.,have not been resolved through the interpretations by City as described in 28 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 29 and convey understanding of all terns and conditions for performing and furnishing the 30 Work. 31 32 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 33 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 34 Paragraph 4.06.of the General Conditions,unless specifically identified in the Contract 35 Documents. 36 37 5. Availability of Lands for Work,Etc. 38 39 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 40 access thereto and other lands designated for use by Contractor in performing the Work 41 are identified in the Contract Documents. All additional lands and access thereto 42 required for temporary construction facilities,construction equipment or storage of 43 materials and equipment to be incorporated in the Work are to be obtained and paid for 44 by Contractor. Easements for permanent structures or permanent changes in existing 45 facilities are to be obtained and paid for by City unless otherwise provided in the 46 Contract Documents. 47 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 10 1 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 2 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 3 of-way,easements,and/or permits are not obtained,the City reserves the right to cancel 4 the award of contract at any time before the Bidder begins any construction work on the 5 project. 6 7 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 8 way,easements,and/or permits,and shall submit a schedule to the City of how 9 construction will proceed in the other areas of the project that do not require permits 10 and/or easements. 11 12 6. Interpretations and Addenda 13 14 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 15 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 16 received after this day may not be responded to.Interpretations or clarifications 17 considered necessary by City in response to such questions will be issued by Addenda 18 delivered to all parties recorded by City as having received the Bidding Documents. 19 Only questions answered by formal written Addenda will be binding. Oral and other 20 interpretations or clarifications will be without legal effect. 21 22 Address questions to: 23 24 City of Fort Worth 25 1000 Throckmorton Street 26 Fort Worth,TX 76102 27 Attn:Raul Lopez,PE,Transportation&Public Works,Stormwater Management 28 Fax: 29 Email:mul.lopez@fortworthtexas.gov 30 Phone:(8 17)392-2457 31 32 33 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 34 City. 35 36 6.3.Addenda or clarifications may be posted via Buzzsaw at 37 httM://piRiecti2oint.buzzsaw.com/client/fortworthgov/Infrastructure 38 Projects/0I 605LowerComoCreekErosion Controlmprovements/Bid Package. 39 40 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 41 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 42 Project. Bidders are encouraged to attend and participate in the conference. City will 43 transmit to all prospective Bidders of record such Addenda as City considers necessary 44 in response to questions arising at the conference. Oral statements may not be relied 45 upon and will not be binding or legally effective. 46 47 7. Bid Security 48 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised November 27,2012 0021 13-6 INSTRUCTIONS TO BIDDERS Pop 6 of 10 1 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 2 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 3 the requirements of Paragraphs 5.01 of the General Conditions. 4 5 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 6 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 7 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 8 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 9 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 10 other Bidders whom City believes to have a reasonable chance of receiving the award 11 will be retained by City until final contract execution. 12 13 8. Contract Times 14 The number of days within which,or the dates by which,Milestones are to be achieved in 15 accordance with the General Requirements and the Work is to be completed and ready for 16 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 17 attached Bid Form. 18 19 9. Liquidated Damages 20 Provisions for liquidated damages are set forth in the Agreement. 21 22 10. Substitute and "Or-Equal" Items 23 The Contract,if awarded,will be on the basis of materials and equipment described in the 24 Bidding Documents without consideration of possible substitute or"or-equal"items. 25 Whenever it is indicated or specified in the Bidding Documents that a"substitute"or"or- 26 equal"item of material or equipment may be furnished or used by Contractor if acceptable to 27 City,application for such acceptance will not be considered by City until after the Effective 28 Date of the Agreement. The procedure for submission of any such application by Contractor 29 and consideration by City is set forth in Paragraphs 6.05A.,6.05B.and 6.05C.of the General 30 Conditions and is supplemented in Section 0125 00 of the General Requirements. 31 32 11. Subcontractors,Suppliers and Others 33 34 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 35 12-2011 (as amended),the City has goals for the participation of minority business 36 and/or small business enterprises in City contracts.A copy of the Ordinance can be 37 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 38 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 39 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 40 Venture Form as appropriate.The Forms including documentation must be received 41 by the City no later than 5:00 P.M.CST,five(5)City business days after the bid 42 opening date.The Bidder shall obtain a receipt from the City as evidence the 43 documentation was received.Failure to comply shall render the bid as non- 44 responsive. 45 46 11.2. No Contractor shall be required to employ any Subcontractor,Supplier,other person 47 or organization against whom Contractor has reasonable objection. 48 49 12. Bid Form 50 CITY OF FORT WORTH Lower Cones Erosion Control improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 10 1 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 2 obtained from the City. 3 4 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 5 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 6 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 7 price item listed therein. In the case of optional alternatives,the words"No Bid," 8 "No Change," or"Not Applicable"may be entered.Alternatives in this project are 9 not optional.Both Alternatives,A&B,in the Bid Form must be filled in.Bidder 10 shall state the prices,written in ink in both words and numerals,for which the Bidder 11 proposes to do the work contemplated or furnish materials required.All prices shall 12 be written legibly. In case of discrepancy between price in written words and the 13 price in written numerals,the price in written words shall govern. 14 15 12.3. Bids by corporations shall be executed in the corporate name by the president or a 16 vice-president or other corporate officer accompanied by evidence of authority to 17 sign. The corporate seal shall be affixed. The corporate address and state of 18 incorporation shall be shown below the signature. 19 20 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 21 partner,whose title must appear under the signature accompanied by evidence of 22 authority to sign. The official address of the partnership shall be shown below the 23 signature. 24 25 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 26 member and accompanied by evidence of authority to sign. The state of formation of 27 the firm and the official address of the firm shall be shown. 28 29 12.6. Bids by individuals shall show the Bidder's name and official address. 30 31 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 32 indicated on the Bid Form. The official address of the joint venture shall be shown. 33 34 12.8. All names shall be typed or printed in ink below the signature. 35 36 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 37 which shall be filled in on the Bid Form. 38 39 12.10. Postal and e-mail addresses and telephone number for communications regarding the 40 Bid shall be shown. 41 42 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 43 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 44 to State Law Non Resident Bidder. 45 CrIY OF FORT WORTH Lower Cotno Erosion Control improve STANDARD CONSTRUCTION SPECIFICATION DOCUM,MI S City Project No.01605 Revised November 27,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page B of 10 1 13. Submission of Bids 2 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 3 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 4 addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, 5 marked with the City Project Number,Project title,the name and address of Bidder,and 6 accompanied by the Bid security and other required documents. If the Bid is sent through the 7 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 8 with the notation"BID ENCLOSED"on the face of it. 9 10 14. Modification and Withdrawal of Bids 11 12 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 13 withdrawn prior to the time set for bid opening. A request for withdrawal must be 14 made in writing by an appropriate document duly executed in the manner that a Bid 15 must be executed and delivered to the place where Bids are to be submitted at any 16 time prior to the opening of Bids.After all Bids not requested for withdrawal are 17 opened and publicly read aloud,the Bids for which a withdrawal request has been 18 properly filed may,at the option of the City, be returned unopened. 19 20 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 21 time set for the closing of Bid receipt. 22 23 15. Opening of Bids 24 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 25 abstract of the amounts of the base Bids and major alternates(if any)will be made available 26 to Bidders after the opening of Bids. 27 28 16. Bids to Remain Subject to Acceptance 29 All Bids will remain subject to acceptance for the time period specified for Notice of Award 30 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 31 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 32 33 17. Evaluation of Bids and Award of Contract 34 35 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 36 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 37 and to reject the Bid of any Bidder if City believes that it would not be in the best 38 interest of the Project to make an award to that Bidder,whether because the Bid is 39 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 40 meet any other pertinent standard or criteria established by City. City also reserves 41 the right to waive informalities not involving price,contract time or changes in the 42 Work with the Successful Bidder. Discrepancies between the multiplication of units 43 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 44 between the indicated sum of any column of figures and the correct sum thereof will 45 be resolved in favor of the correct sum. Discrepancies between words and figures 46 will be resolved in favor of the words. 47 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised November 27,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 10 1 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 2 among the Bidders,Bidder is an interested party to any litigation against City, 3 City or Bidder may have a claim against the other or be engaged in litigation, 4 Bidder is in arrears on any existing contract or has defaulted on a previous 5 contract, Bidder has performed a prior contract in an unsatisfactory manner,or 6 Bidder has uncompleted work which in the judgment of the City will prevent or 7 hinder the prompt completion of additional work if awarded. 8 9 17.2. City may consider the qualifications and experience of Subcontractors,Suppliers,and 10 other persons and organizations proposed for those portions of the Work as to which 11 the identity of Subcontractors,Suppliers,and other persons and organizations must 12 be submitted as provided in the Contract Documents or upon the request of the City. 13 City also may consider the operating costs,maintenance requirements,performance 14 data and guarantees of major items of materials and equipment proposed for 15 incorporation in the Work when such data is required to be submitted prior to the 16 Notice of Award. 17 18 17.3. City may conduct such investigations as City deems necessary to assist in the 19 evaluation of any Bid and to establish the responsibility,qualifications,and financial 20 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 21 organizations to perform and furnish the Work in accordance with the Contract 22 Documents to City's satisfaction within the prescribed time. 23 24 17.4. Contractor shall perform with his own organization,work of a value not less than 25 35%of the value embraced on the Contract,unless otherwise approved by the City. 26 27 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 28 responsive Bidder whose evaluation by City indicates that the award will be in the 29 best interests of the City. 30 31 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 32 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 33 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 34 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 35 comparable contract in the state in which the nonresident's principal place of 36 business is located. 37 38 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 39 to be awarded,City will award the Contract within 90 days after the day of the Bid 40 opening unless extended in writing. No other act of City or others will constitute 41 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 42 the City. 43 44 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 45 46 18. Signing of Agreement 47 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 48 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 49 Contractor shall sign and deliver the required number of counterparts of the Agreement to 50 City with the required Bonds,Certificates of Insurance,and all other required documentation. 51 City shall thereafter deliver one fully signed counterpart to Contractor. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised November 27,2012 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of 10 1 2 3 4 END OF SECTION CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised November 27,2012 003513- 1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of I 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City") procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work. The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIQpdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 CIQ Form is on file with City Secretary 16 17 Fit CIQ Form is being provided to the City Secretary 18 19 F-1 CIS Form is on File with City Secretary 20 21 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 Austin Filter Systems Inc. By: Mar oungate 28 Company le rtnt) 29 30 13653 Rutledge Spur Signature: 31 Address 32 33 Austin, TX 78717-1016 Title: President 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION OFFIC'A�RECORD CITY SEC RETgRY FT W01tTN, TX CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised March 27,2012 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Lower Como Erosion Control Improvements 3 sites downstream of the Lake Como Dam, north of Vickery Blvd. City Project No.: 1605 Units/Sections: Drainage Improvements- Erosion Control 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders,with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Lower Como Erosion Control Improvement Form Revised 20120327 City Project No.01605 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm,directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. N/A per Project Manager(Via Email: 04/11/2016) b. C. d. 4. Time of Completionn �� Per Project Manager(Via Email: 04/11/2016)-This statement does not apply to this project. 4.1. Due te eutstanding ea�emeAts,the WeFk shall begin the seeend week of ary-2A46. 4.2. The Work will be complete for Final Acceptance within 170 cal. days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.3. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work(and/or achievement of Milestones}within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Lower Como Erosion Control Improvement Form Revised 20120327 City Project No.01605 0041 00 BID FORM Page 3of3 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. (Not Used) Base Bid Excluding Alt A&Alt B = $559,638.00 Alternate A= $ 52,000.00 Alternate B = $ 57,200.00 Total Bid Including Alt A&Alt B = $668,838.00 7. Bid Submittal This Bid is bmitted on April 14, 2016 by the entity named below. Respectfull itted, Receipt is acknowledged of the following Addenda: I itial By: —� Addendum No. 1:04/12/2016 (Signature) Addendum No.2:04/13/2016 Addendum No. 3: Mark Tounciate Addendum No.4: (Printed Name) Title: PrPSiriPnt Company: Austin Filter Systems Inc Corporate Seal: Address: 13653 Rutledge Spur Austin, TX 78717-1016 DEPARTMENT EMAIL ADDRESSES State of Incorporation: Texas Mark Toungate President: mark @austinfiltersystems.com Dan Parker Estimating: dan @austinfiltersystems.com Email: SEE DEPT.EMAIL ADDRESSES Craig Bond Operations Mgr: craig @austinfiltersystems.com Rachel Olson Ofc.Mgr/Contr Admin: rachel @austinfiltersystems.com Phone: 512/331-6673 Fax: 512/331-6687 END OF SECTION OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Lower Como Erosion Control Improvement Form Revised 20120327 City Project No.01605 00 42 43 BID PROPOSAL Page 1 of 1 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Description Bid Quantity Unit Price Bid Value Item No. Section No. Measure 3-01 0170.0100 Mobilization 01 70 00 LS 1 $ 30,000.00 $ 30,000.00 3-02 Site Clearing(ROW) 31 1000 LS 1 $ 40,000.00 $ 40,000.00 3-03 0241.0500 Remove Fence 0241 13 LF 636 $ 7.00 $ 4,452.00 3-04 0241.0600 Remove Wall<4' 0241 13 LF 57 $ 18.00 $ 1,026.00 3-05 0241.0800 Remove Riprap 0241 13 SF 3300 $ 2.50 $ 8,250.00 3-06 3110.0101 Site Clearing 31 1000 LS 1 $ 16,000.00 $ 16,000.00 3-07 3110.0102 6"-12"Tree Removal 31 1000 EA 21 $ 300.00 $ 6,300.00 3-08 3110.0103 12"-18"Tree Removal 31 1000 EA 4 $ 473.00 $ 1,892.00 3-09 3110.0105 24"&Larger Tree Removal 31 1000 EA 2 $ 1,000.00 $ 2,000.00 3-10 13123.0101 Unclassified Excavation by Plan 3123 16 CY 1050 $ 24.00 $ 25,200.00 3-11 3124.0101 Embankment by Plan 31 2400 CY 155 $ 18.00 $ 2,790.00 3-12 3231.0121 4'Chain Link Fence,Aluminum 3231 13 LF 284 $ 18.00 $ 5,112.00 3-13 3231.0121 6'Chain Link Fence,Aluminum 3231 13 LF 143 $ 24.00 $ 3,432.00 3-14 3231.0121 4'Chain Link Gate,Aluminum 3231 13 EA 1 $ 180.00 $ 180.00 3-15 3231.0412 6'Fence,Wood 32 31 26 LF 136 $ 42.00 $ 5,712.00 3-16 3232.0201 TxDOT Ret Wall-RW1 (L)A 32 32 13 SF 550 $ 60.00 $ 33,000.00 3-17 3291.0100 Topsoil 3291 19 CY 85 $ 36.00 $ 3,060.00 3-18 3292.0400 Hydroseeding 32 92 13 SY 371 $ 5.00 $ 1,855.00 3-19 3292.0100 Block Sod Placement(As Directed in Field) 32 92 13 SY 430 $ 6.00 $ 2,580.00 3-20 9999.0001 Precast Concrete Retaining Wall 99 99 01 SF 2,775 $ 65.00 $ 180,375.00 3-21 9999.0002 Articulating Concrete Block Mat(Alt.A) 99 99 02 SF 5200 $ 10.00 $ 52,000.00 3-22 9999.0003 Slope Stabilization Mat 99 99 03 SY 675 $ 90.00 $ 60,750.00 3-23 9999.0004 Bend Way Weir 99 99 04 EA 21 $ 912.00 $ 19,152.00 3-24 9999.0005 Planting Vegetation(Select) 99 99 05 SF 3340 $ 3.00 $ 10,020.00 3-25 9999.0006 2 Year Post-Completion Adjustments 99 99 06 EA 60000 $ 1.00 $ 60,000.00 3-26 9999.0007 Irrigation AdyRepair Allowance(pre-bid) 00 00 00 EA 5000 $ 1.00 $ 5,000.00 3-27 9999.0008 Landscape Repair Allowance(pre-bid) 00 00 00 EA 5000 $ 1.00 $ 5,000.00 3-28 9999.0009 Tied-Concrete Block Mat(Alt.B) 99 99 09 SF 5200 $ 11.00 $ 57,200.00 3-29 9999.0097 Stormwater Field Order Allow.(pre-bid) 00 00 00 EA 1 265001$ 1.00 $ 26,500.00 Bid Summary Base Bid(EXCLUDING ALTERNATES A&B) $ 559,638.00 Total Bid(Alt.A) $ 52,000.00 Total Bid(Alt.B) $ 57,200.00 END OF SECTION CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Form Revised 20120120 Per Addendum M 02-Issued 04/13/2016 00 43 13 BID BOND Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name)Austin Filter Systems, Inc. hereinafter called Principal, and (Surety Name)Liberty Mutual Insurance Company , a corporation of firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid (Written Words) and No/100 Dollars ($ (5%) ),the payment of which sum will be well and truly made and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,firm by these present. WHEREAS, the Principal has submitted a proposal to perform work for the fallowing project of the Obligee, identified as: Lower Como Erosion Control Improvements 3 sites downstream of the Lake Como Dam, north of Vickery Blvd. NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal,this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this 7th day of April 2016. By: Austin Filter Stem (Company Name Here) MarkTounizate - President (Signature and Title of Principal) .By. Libert Mutual Insurance Company (Surety Name Here) John W.Schu er,Attorney-in-fact (Signature Of Attorney-of-Fact) • Attach Power of Attorney(Surety)for Attomey-in-Fad Impressed Surety Seal Only CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Form Revised 20110627 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7031W6 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companiesl,pursuant to and by authority herein set forth,does hereby name,constitute and appoint, John W.Schuler;Lanny W.Land;Steven W.Dobson;Walter E.Benson,Jr. all of the city of Austin state of TX each individually if there be more than one named,its true and lawful attomey-in fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of June 2015 OCgS ,�YINSU American Fire and Casualty Company N �tNSUq NtNSU�7 Q``'Por°'oRarFoRl�, yJP pxPO+kr 992, hJP oPpoaq '��. oHPOreq�y� The Ohio Casualty Insurance Company 1p rn a 1906 0 0 1919 > 1912 ¢ 1991 Liberty Mutual Insurance Company c _ West merican Insurance Company V au. C N G3�b M,•HAMP`.,�T�aD O 3 ' David M.Carey',Assistant Secretary C STATE OF PENNSYLVANIA ss to COUNTY OF MONTGOMERY C O m Im On this 23rd day of June 2015, before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v i-- U O Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,W 0 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. 0 92 7 9p _4s; COMMONWEALTH OF PENNSYLVANIA Q M Mor+w F<� Notarial Seal 0 et C•y � � = v FPly—.th Pastella,Notary Public By: C ` of Twp.,Montgomery County Teresa Pastega,Notary Public� sion Expires March 28,2017 3 W 0 '� UAP��C' Member,Pennsylvania Association or Notaries O E 0y gnyw0 aW e to This Power ofAttomey is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance H e HCompany,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: c4) ARTICLE N—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O e to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �+0 0.5 acknowiedge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such atiomeys-in-fact,subject to the limitations set forth in their respective -p t E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so is m L. executed,such instruments shall be as binding as lf signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under >c 02 the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. N M c ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E > m and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M 0 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their C c Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 r executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-i ~n- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,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 day of 20 , 44.P�0' eJP �y'owt j,92� R 1906 0 0 1419 a 1912 �` 1991 9 By' _= ; _ t y a , Gregory W.Davenport,Assistant Secretary hAMPS�*�"a 156 of 250 LMS 12873 122013 0043 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of 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 to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of N/A our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of N/A our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: By: M Toun at AUSTIN FILTER SYSTEMS, INC. 13653 Rutledge Spur Austin, TX 78717-1016 Title: President Date: April 8, 2016 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX END OF SECTION CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01605 Form Revised 20110627 00 45 26- 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 01605. Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 10 Austin Filter Systems, Inc. Mark To ate 11 By: 12 Company ease 13 14 13653 Rutledge Spur Signature: 15 Address 16 17 Austin, TX 78717-1016 Title: President 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME, the undersigned authority, on this day personally appeared 26 Mark Toungate , known to me to be the person whose name is 27 subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same as 28 the act and deed of Austin Filter Systems, Inc. for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 8th day of 32 April 2016. 33 34 RAOHEL OL$ON ' 35 Notay PW* 36 STATE OF TEXAS of Public in and for the State of Texas 37 Comm. :W19=9 38 END OF SECTION 39 E ECORD ETARY H, TX CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 004540-1 Minority Business Enterprise Specifications Page I of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 5 applicable. 6 7 POLICY STATEMENT 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 9 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 10 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 11 12 MBE PROJECT GOALS 13 The City's MBE goal on this project is 11% of the total bid value of the contract (Base bid applies to 14 Parks and Community Services). 15 16 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 17 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 21 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 22 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 23 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 24 3. Good Faith Effort documentation,or; 25 4. Prime Waiver documentation. 26 27 SUBMITTAL OF REQUIRED DOCUMENTATION 28 The applicable documents must be received by the Purchasing Division, within the following times 29 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 30 deliver the MBE documentation in person to the appropriate employee of the purchasing division and 31 obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the 32 time allocated. A faxed and/or emailed copy will not be accepted. 33 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business day goal is met or exceeded: after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business day Subcontractor Utilization Form, if after the bid opening date, exclusive of the bid opening date. participation is less than stated goal: 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business day Subcontractor Utilization Form, if no after the bid opening date, exclusive of the bid opening date. MBE participation: 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business day if you will perform all after the bid opening date, exclusive of the bid opening date. contractin su lier work: 34 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised June 9,20I5 00 52 43-1 Agreement Page 1 o1`4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on June 28, 2016 is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and Austin Filter Systems, Inc., authorized to do business in Texas, acting by and 6 through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Lower Como Creek Erosion Control Improvements 16 City Proiect Number 01605 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 170 Calendar days after the date 23 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 24 Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding, the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Six Hundred Fif y Dollars ($650.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. CITY OF PORT WORTH Lauer Como lirosion control Improvement's STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 01605 Revised August 17,2012 00 52 43-2 Agreement Page 2 of-4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Six Hundred Eleven Thousand, Six Hundred Thirty 39 Eight and 00/100 DOLLARS ($611,638.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents (project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MBE and/or SBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF PORT WORTI I Lower Como L7-osion Control Improvements STANDARD CONSTRUCTION SPECIFICA'T'ION DOCUM[WI'S City Project Number 0/605 Revised August 17,2012 00 52 43-3 Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city, arising out of,or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act,omission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article l of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S City Project Number 01605 Revised August 17,2012 005243-4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 128 Contractor: City of Fort Worth Au-Sfi IItZ`f $ySt C. B Jay Chapa By: Assistant City Manager (Signature) �r 6v Date —� Mark Toungate - PnWident Attest: (Printed Name) City Secretary (Seal) Title: Address: Austin Filter wctemc Inc. 13 ---dEgee Spur M&c C `Z4$0$ 2��i$}6---- Date: 6 a- U ' i2ttw �t6.36t6t City/State/Zip: Approved as to Form and Legality: Z Date Douglas W. Black Assistant City Attorney 129 130 131 APPROVAL RECOMMENDED: 132 133 134 135 Douglas ersig, P.E. 136 DIRECT , 137 Transportation &Public Works Department 138 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 01605 Revised August 17,2012 0061 13-1 PERT OWANCE BOND Page 1 o1`2 Bond No. 58S209018 1 SECTION 00 61 13 2 PLRFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,Austin Filter Systems Inc., known as "Principal" herein and 8 Libert y Mutual Insurance CompanL_ _ a corporate s Lire ty(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety' herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas, known as "City" herein, in the penal sum of,SIX HUNDRED 12 EMIF.N THOUSAND, STX HUNDRED THIRTY-EIGHTAND 00/100 Dollars 13 ($611,638.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, 15 executors, administrators, successors and assigns,jointly and severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City 17 awarded the 28th day of June, which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 19 defined by law, in the prosecution of the Work, including an),Change Orders, as provided for in 20 said Contract designated as Lower Como Creek Erosion Control Improvements, City Project 21 No. 01605 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force arid effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the [1nited States District Court for the Northern District of Texas, Fort 30 Worth Division. 31 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 32 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 33 accordance with the provisions of said statue. 34 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEAl-ED 35 this instrument by duly authorized agents and officers on this 28th clay of June. 36 PRINCIPAL. CITY OF PORT WORT H Lcxer Como Erosion Control Improvements STANDARD CONSI'RUC1 ION SPECIFICA"PION OOCUMLN FS City Project Number 01605 Revised July 1,2011 no6/ |3'z rcxFowMAwcsuoxo 2 _ / 4 BY: 5 ---- - -------- 7 8 Mark - PToSidcoC 9 ----- ------ -------- �^�p~ypuv ��x/ vuy Name and Title |O ) | Address: 13853 Rutledge Spur 12 13 14 Rachel Olson - Ofc.Mgr 15 Witness asmPrincipal \h SURETY: 17 Liberty 18 19 20 BY: 2l -- WJC- Si - 22 23 John VKSohu|o� A�onney'n-h�c� 24 --------- -------- ---- - Namc and Title 25 26 Address: 8350 . 850 27 Dallas, TX 752O6 28 ------ --- -'------------ 29 30 Witness as to S irety- '----- --- Telephone Numho: 80O-385'8065 ]l }2 33 34 *Note-. If signed by an officer ofthe Surety Company, dmrc must be oil fi\o ucchifiod extract 35 6vm the hy'|uvvs showing that this person has authority to sign such obligation. If 36 Surety's physical address is diffemni6noi its mailing address, both inuxt be provided. 37 The date nf tile hnoJ shall riot hc prior 0o the date the Contract is awarded. 38 7 OFFIC:IAL:RECORD CITY SECRETJARY FT. WORTH TX c/rxo/'FORT wou/x Lower Conjo LConti ol Impm.r"""* STAN o/nuocuwxnRuc [ON ar*c/ucmlomoOcomcI'S /iovpro.*c'w"mb°,omw 0061 14- 1 PAYMENT BOND Page I of 2 1 SECTION 00 61 14 Bond No. 58S209018 2 PAYN -?NT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL 13Y THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Austin Filter Systems, Inc., known as "Principal" herein, and 8 Liberty Mutual Insurance Company a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firnily bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of SIX HUNDRED ELEVEN THOUSAND SIX HUNDRED THIRTY-EIGHT 13 AND 00/100 Dollars (5611,638.00), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 28th day of June, which Contract is hereby referred to and made a part hereof for all purposes as 19 if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined 20 by law, in the prosecution of the Work as provided for in said Contract and designated as Lower 21 Como Creek Erosion Control Improvements, City Project Nu. 01605 22 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any(and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FOR I WORTl I Luu'er Como lsrosion Control Improvements STANDARD CONSTRUCTION SPECIPICA'l[ON D00 UME1'TS City Pr(ycct Number 01605 Revised July 1,2011 0061 14-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 28th day of June. 3 PRINCIPAL: Austin Filter S ems, Inc. WAT'TE : BY: Sig atur e 4Z1V__ cretary Name and 1 Address: 13653 Rutledge Spur Austin, TX 78717 Rache -0 11 r Corn Se-r. Ofe Ma Witness l as to Principal SURETY: Liberty Mutual Insurance Company „,. ATTEST: BY: Signa re John W. Schuler,Attorney-in-fact (Suret)) Secret ry Name and Title Address: 8350 N. Central_Expressway. _Ste. 850 Dallas, TX 75206 n;X Witness as to Surety Telephone Number: 8.00-365-6065 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION ll OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 01605 Revised July 1,2011 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 61 19 Bond No. 58S209018 2 MAINTENANCL BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Austin Filter Systems, Inc., known as"Principal"herein and 9 Liberty Mutual Insurance Company _ a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein(whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City"herein, in the sum of SIX 13 HUNDRED F,LEVEN THOUSAND SIX HUNDRED THIRTY-EIGHT AND 00/100 Dollars 14 ($611,638.00), lawful money of the United States, to be paid in Fort Worth,Tarrant County, 15 Texas, for payment of which sum well and truly be lnadc unto the City and its successors, we 16 bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally, 17 firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 20 28th day of June, which Contract is hereby referred to and a made part hereof for all purposes as 21 if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined 22 by law, in the prosecution of the Work, including any Work resulting from a duly authorized 23 Change Order(collectively herein, the"Work") as provided for in said contract and designated as 24 ,.oK;er Como Creek Erosion Control Improvements, City Proiect No. 01605; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain fi-ee from defects in materials or workmanship for and during the period of two (2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CI TY OF PORT WORTH 1.otiver Como Erosion Control Improvements STANDARD CONSIRUCTIO\ SPECIFICATION DOCUMI�NTS Ciry Project Number 01605 Revised Iuty 1,2011 006i i9-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City, then this obligation shall become null,and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of"Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTI I Lwi er Como Erosion Control lml%rovemenis STANDARD CONSTRUCTION SI'ECIPICA'I'ION DOCUMPNI'S City Project Number 01605 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 28th day of June. 3 4 PRINCIPA 5 Austin Fill yste_ , c. 6 — --- — - 7 8 BY: 9 s Signature 10 11 A 12 _ _ _ Mark Toun ate - President 13 (Pr' cipa)Secre a Name and Title 14 15 Address: 13653 Rutledge Spur 16 Austin, TX 78717A 17 18 Rachel Olson-Corp.Sec;Ofc.Mgr ---- --- 19 Witness as to Principal 20 SURETY: 21 Liberty Mutual Insurance Company 22 23 24 BY: 25 Si ature 26 27 John W. Schuler, Attorney-in-fact �..__ 28 ATTEST: Name and Title 29 30 Address: 8350 N. Central Expressv �,.Ste. 850 31 (Surety)Secretary ' A / Dallas,TX 75206 32 �. f1i.L 33 ` 34 V7ilkess as to Surety Telephone Number: 800-365-6065 _ 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 (1) 41 42 43 44 N L RECORD CRETARY RTH,TX CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 01605 Revised July 1,2011 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7031639 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire 8 Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, John W.Schuler;Lanny W.Land;Steven W.Dobson;Walter E.Benson,Jr. all of the city of Austin state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of June 2015 Pr1D CAS(, ��Y INS(, LINSUq N1NSUq American Fire and Casualty Company 'p zQ� O1wF p�^ �9y� o1'�^ 6�o The Ohio Casualty Insurance Company y a 1906 0 0 1919 r > o < Liberty Mutual Insurance Company 0 1912 0 1991 C s a o 0 y a West mencan Insurance Company m # f # * # * By: STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary 4- COUNTY OF MONTGOMERY C m 0) On this 23rd day of June 2015, before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v Ow Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, p 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. m > IN WITNESS WHEREOF,I have hereunto subscribed m name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O E. pqs COMMONWEALTH OF PENNSYLVANIA � G�]���AC/ �C goNW I(� Notarial Seal ���� /�i 4 �f.�d M C'— ti�11 ri y Teresa Pastella,Notary Public g O O ` of Plymouth Twp,Montgomery County y Teresa Pestella,[wry Putlkc L. C _ ` My Commission Expires March 28,2017 ; r0 r a O � Member,Pennsylvania Association of Notaries O E a1 CI;C o This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance ut c 4p; Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: c o� M ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C tto such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, O S acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective �p £ powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so Gt L executed,such instruments shall be as binding as f signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fad d under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. �0 �.N C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, aQ > 2 and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fad,as may be necessary to act in behalf of the Company to make,execute, M p seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C 00 Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 o executed such instruments shall be as binding as if signed by the president and attested by the secretary. 019 Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- fad as may be necessary to ad on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casually Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby tW the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and-he not-been revoked.IN TESTIMONY WHEREOF,I have FI*reuntc setlnyband and affixed the seals of said Companies this `/' day of_ 24, �u � DCAjG VnPOxo�'ti�� a 1906 0 o t9t9 n 1912 1991 3 By: Gregory W.Davenport,Assistant Secretary r s�� AMP��*C,aD Jy NAMP �/7 q A Nil>��r HUTAN� !2 189 of 250 LMS-12873-122013 A _ Liberty AlL1tL111 Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtection(d�tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev.7.1.07 AUSTINF OP ID:MF CERTIFICATE OF LIABILITY INSURANCE DATE 07h 2120112120Y6 16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAIEA�T Marla Francis Time Insurance Agency,Inc. PHONE 512-447-7773 FAX 1405 East Riverside Drive A/c No Ell: A/C No): 512440-0989 Austin,TX 78741 E-MAIL ADDRESS:mfrancis@timoinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Insurance Company 35289 INSURED Austin Filter Systems Inc. INSURER B:Continental Casualty Company 20443 13653 Rutledge Spur Austin,TX 78717 INSURER C:National Fire Ins Co Hartford 20478 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTSRR TYPE OF INSURANCE POLICY NUMBER MM/DDY� MM/DDY/YYYY I LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE AI OCCUR 5091550658 04/01/2016 04/01/2017 PREMISES Ea occurrence $ 300,00 X Contractual Llab MED EXP(Any one person) $ 10,00 x XCU PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY FK JE C LOC PRODUCTS-COMP/OP AGG $ 2,000,00 OTHER: imp Ben. $ 1,000,00 AUTOMOBILE LIABILITY COMBINED LE LIMIT $ 1,000 00 Ea accident , B X ANY AUTO 5090639714 04/01/2016 04/01/2017 BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ NON-0WNED Per accident X HIRED AUTOS X AUTOS $ X UMBRELLA LWB X OCCUR EACH OCCURRENCE $ 5,000,00 B EXCESS LJAB I CLAIMS-MADE 5090639695 04/01/2016 04/01/2017 AGGREGATE $ 5,000,00 DED I X I RETENTION$ 10000 $ WORKERS COMPENSATION �( AND EMPLOYERS'LIABILITY STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 5095126956 04/01/2016 04/01/2017 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? � N/A` (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMITI$ 1,000,00 B Installation 6024598459 06/06/2016 06/06/2017 Per Occ 6,400,00 Deductibl 5,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) Re:Lower ComoErosion Control Improvemets-Project No: C1605 City of Fort Worth, including their respective officers,directors,agents and employees are named as Additional Insureds. This coverage is primary and non-contributory.Waiver of Subrogation applies in favor of City of Fort Worth; including their respective officers,directors,agents and (con't CERTIFICATE HOLDER CANCELLATION CITYFOR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth OFFICIAL RECORD ACCORDANCE WITH THE POLICY PROVISIONS. Transportation&Public Work SECRETARY City Hall-2nd Floor - AUTHORIZED REPResENra,rnE 1000 Throckmorton ', WORTH,TX ,,tr,. .• .� Fort Worth TX 76102 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CITYFOR AUSTINF PAGE 2 INSURED'S NAME Austin Filter Systems Inc. OP ID: MF Date 0711212016 enployees. Thirty (30) Day notice of cancellation applies except Ten (10) Days for non-payment of premium. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................I 1 Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points...........................................................................................................1 l 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions......................................................................... 12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5—Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment,and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology............................................:.............................................................1 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents................................................................................................ .....7 ............... 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data.............................................................................................................................l l Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions;Reference Poin1s...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment,and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance;Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decm ber21,2012 6.02 Labor; Working Hours................................................................................................................20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and "Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas .......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services ..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative .....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work ..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time..............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance............................................................................ ....................55 ......................... 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deember21,2012 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times ................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU72UU-I General Conditions Pagel of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid-The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form,if any, and the Bid Form with any supplements. 10. Business Day– A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernk=21,2012 UU7lUU-1 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 Wrlw-t General Conditions Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day,unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas, or his duly appointed representative,assistant, or agents. 28. Director of Parks and Community Services— The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant, or agents. 31. Director of Water Department— The officially appointed Director of the Water Department of the City of Fort Worth, Texas,or his duly appointed representative, assistant,or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoanba2l,2012 UU 11 UU-1 General Conditions Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item –An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 Q072 UU-t General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dearnber2l,2012 UU 12 UU-1 General Conditions Page 6 of 63 63. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber21,2012 UUTZUU-I General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deeernber2l,2012 UU 12 UU- General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU72UU-1 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications,Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification,manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU/1 UU-I General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoember2l,2012 UU 72 UU-I General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way,and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed,adjusted,and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Docanber2l,2012 UU/1W-I General Conditions Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 00*12 UU-t General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site;or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others;and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities,including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CrFY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Daoember2l,2012 UU/Z UU-I General Conditions Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 UU 72 UU-I General Conditions Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City(and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action,if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06 G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber21,2012 UU 12 UU-1 General Conditions Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured)which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as"Additional Insured"on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU 72 UU-1 General Conditions Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement,which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dece nber21,2012 UU71UU-I General Conditions Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 UU 72 UU-1 General Conditions Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy,unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means,methods,techniques, sequences, and procedures of construction. CfrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dewnber2l,2012 UU/2 UU-1 General Conditions Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication)to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU72UU-1 General Conditions Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid,unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 0132 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength,and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decern1w21,2012 UU12UU-1 General Conditions Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 2I,2012 UU 72 UU-1 General Conditions Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales,maintenance,repair,and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal."City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City)resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. CrfY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU71UU-I General Conditions Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Business Diversity Enterprise Ordinance Compliance: It is City policy to ensure the full and equitable participation by Minority and Small Business Enterprises (MBE)(SBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE and/or SBE goal, Contractor is required to comply with the intent of the City's Business Diversity Ordinance (as amended)by the following: 1. Contractor shall, upon request by the City, provide complete and accurate information regarding actual work performed by a MBE and/or SBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE and/or SBE. Material misrepresentation of any nature may be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwenter2l,2012 UU 72 UU-1 General Conditions Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoaniher21,2012 UU 12 UU-1 General Conditions Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber21,2012 U072 UU-1 General Conditions Page 27 of 63 the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S.Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decen ber21,2012 uU 12 UU-1 General Conditions Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. hLtp://www.window.state.tx.us/taxinfo/taxforms/93-fonns.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2I,2012 UU12UU-t General Conditions Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 621, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deom bw2l,2012 UU12UU-I General Conditions Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 00/2 UU-1 General Conditions Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours,the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals(as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier,pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deceniber2l,2012 00 12 UU-1 General Conditions Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 UU72UU-t General Conditions Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection,test,or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICAL.L.Y INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL , OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoernber2l,2012 UU'11 UU-1 General Conditions Page 34 of 63 SPECIFICAL.L.Y INTENDED TO OPERATE AND BE FFFFC'TM EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SC)UGUE WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT, OMISSION OR NE.GL.IGENCE OF THE CITY, 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Downber21,2012 UU'%l UU-1 General Conditions Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended.- Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoendxr2l,2012 UU 7L UU-1 General Conditions Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized;and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8—CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions,City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely fumish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements;Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections,tests,and approvals is set forth in Paragraph 13.03. CITY OF FORT WORT Ii STANDARD CONSTRUCTION SPECIFCAT'ION DOCUMENTS Revision.Decenix.r21,2012 91.03 Authorized hariations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor,who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or oU12oU-I General Conditions Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8—CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 Uu'rz UU-t General Conditions Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deae{nber21,2012 U0 72 UU-1 General Conditions Page 38 of 63 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deceanber2l,2012 WYlUU-t General Conditions Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09,or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dece nber2l,2012 00/200-1 General Conditions Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decenber21,2012 UU72W-1 General Conditions Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.013, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55%markup,or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoe nber2l,2012 oo12oo-1 General Conditions Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoember2l,2012 UU 72 UU-1 General Conditions Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.I or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied,and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.013, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decenker21,2012 ou/L UU-1 General Conditions Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if- 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dacember2l,2012 UU12UU-1 General Conditions Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities,unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deme nber2l,2012 UU 11 UU-I General Conditions Page 46 of 63 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. AR'.TICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.O1.A.4 and 11.O1.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber21,2012 UU72UU-I General Conditions Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0I.A.6, and 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor,the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decenber21,2012 UU/1 V0-I General Conditions Page 48 of 63 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections,which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber21,2012 UU72UU-t General Conditions Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, fiunishing all necessary labor,material,and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing,observing,and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering,exposure,observation,inspection,testing,replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision;Deowi=21,2012 UU/L UU-1 General Conditions Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 W72UU-1 General Conditions Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim,pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven(7)days written notice to Contractor, correct,or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December21,2012 UU12UU-I General Conditions Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments; 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU 72 UU-1 General Conditions Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules,that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor,or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors,requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09;or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=nber21,2012 UU'/2 UU-I General Conditions Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retannage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deomnba21,2012 UU72ou-I General Conditions Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days,City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection,City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decenta2l,2012 UU12W-1 General Conditions Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoember2l,2012 UU'fl UU-I General Conditions Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment,except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time,directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deocnkcr21,2012 UU12UU-t General Conditions Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation,may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011 established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 0072 UU-I General Conditions Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to ContractorAf such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoember2l,2012 UU/1 UU-1 General Conditions Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Daoember2l,2012 UU'fl UU-I General Conditions Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City,any and all such claims shall be conclusively deemed waived. F. In such case,Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work,the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after termination of the mediation unless,within that time period,City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=nber2l,2012 UU 11 UU-I General Conditions Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber2l,2012 U011UU-1 General Conditions Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=nber21,2012 00 73 00-1 SUPPLEMENTARY CONDITIONS Page I of 5 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 Supplementary Conditions 7 8 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other 9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11 of the General Conditions which are not so modified or supplemented remain in full force and effect. 12 13 Defined Terms 14 15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16 meaning assigned to them in the General Conditions,unless specifically noted herein. 17 18 Modifications and Supplements 19 20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21 other Contract Documents. 22 23 SC-3.03B.2,"Resolving Discrepancies" 24 25 Plans govern over Specifications. 26 27 SC-4.01A 28 29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 30 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the 31 Contract Drawings. 32 33 SC-4.01A.1.,"Availability of Lands" 34 35 The following is a list of known outstanding right-of-way,and/or easements to be acquired, if any as of 36 April 10,2014: 37 38 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None 39 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 40 and do not bind the City. 41 42 If Contractor considers the final easements provided to differ materially from the representations on the 43 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 44 notify City in writing associated with the differing easement line locations. 45 46 SC-4.01A.2,"Availability of Lands" 47 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised April I,2013 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 5 1 Utilities or obstructions to be removed,adjusted,and/or relocated 2 3 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated 4 as of April 10,2014: 5 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None 6 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 7 and do not bind the City. 8 9 SC-4.02A.,"Subsurface and Physical Conditions" 10 11 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 12 13 A Geotechnical Engineering Report No. 13-0040,dated April 2013,prepared by Gorrondona&Associates, 14 Inc.,a sub-consultant of DeOtte,Inc,a consultant of the City,providing additional information on soil 15 conditions in the surrounding area. 16 17 The following are drawings of physical conditions in or relating to existing surface and subsurface 18 structures(except Underground Facilities)which are at or contiguous to the site of the Work: 19 None. 20 21 SC-4.06A.,"Hazardous Environmental Conditions at Site" 22 23 The following are reports and drawings of existing hazardous environmental conditions known to the City: 24 None. 25 26 SC-5.03A.,"Certificates of Insurance" 27 28 The entities listed below are"additional insureds as their interest may appear" including their respective 29 officers,directors,agents and employees. 30 31 (1) City 32 (2) Consultant: DeOtte,Inc. 33 (3) Other: None. 34 35 SC-5.04A.,"Contractor's Insurance" 36 37 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 38 coverages for not less than the following amounts or greater where required by laws and regulations: 39 40 5.04A.Workers`Compensation,under Paragraph GC-5.04A. 41 42 Statutory limits 43 Employer's liability 44 $100,000 each accident/occurrence 45 $100,000 Disease-each employee 46 $500,000 Disease-policy limit 47 48 SC-5.04B.,"Contractor's Insurance" 49 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised April I,2013 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 5.04B.Commercial General Liability, under Paragraph GC-5.0413. Contractor's Liability Insurance 2 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 3 minimum limits of: 4 5 $1,000,000 each occurrence 6 $2,000,000 aggregate limit 7 8 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 9 General Aggregate Limits apply separately to each job site. 10 I 1 The Commercial General Liability Insurance policies shall provide"X","C", and"U"coverage's. 12 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 13 14 SC 5.04C.,"Contractor's Insurance" 15 5.04C. Automobile Liability,under Paragraph GC-5.04C. Contractor's Liability Insurance under 16 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: 17 18 (1) Automobile Liability-a commercial business policy shall provide coverage on "Any Auto", 19 defined as autos owned,hired and non-owned. 20 21 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 22 least: 23 24 $250,000 Bodily Injury per person/ 25 $500,000 Bodily Injury per accident/ 26 $100,000 Property Damage 27 28 SC-5.04D.,"Contractor's Insurance" 29 30 The Contractor's construction activities will require its employees,agents,subcontractors,equipment, and 31 material deliveries to cross railroad properties and tracks. None. 32 33 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 34 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 35 or other property. Such operations on railroad properties may require that Contractor to execute a"Right of 36 Entry Agreement"with the particular railroad company or companies involved,and to this end the 37 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 38 the right-of-entry(if any)required by a railroad company. The requirements specified herein likewise relate 39 to the Contractor's use of private and/or construction access roads crossing said railroad company's 40 properties. 41 42 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 43 coverage for not less than the following amounts, issued by companies satisfactory to the City and to the 44 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 45 occupy,or touch railroad property: 46 47 (1) General Aggregate: 48 49 (2) Each Occurrence: 50 51 _Required for this Contract X Not required for this Contract 52 <Provide an `X"next to the appropriate selection above based on the Contract requirements> 53 54 With respect to the above outlined insurance requirements,the following shall govern: 55 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised April 1,2013 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 5 1 1. Where a single railroad company is involved,the Contractor shall provide one insurance policy in 2 the name of the railroad company. However, if more than one grade separation or at-grade 3 crossing is affected by the Project at entirely separate locations on the line or lines of the same 4 railroad company,separate coverage may be required,each in the amount stated above. 5 6 2. Where more than one railroad company is operating on the same right-of-way or where several 7 railroad companies are involved and operated on their own separate rights-of-way,the Contractor 8 may be required to provide separate insurance policies in the name of each railroad company. 9 10 3. If, in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a 11 railroad company's right-of-way at a location entirely separate from the grade separation or at- 12 grade crossing,insurance coverage for this work must be included in the policy covering the grade 13 separation. 14 15 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 16 way, all such other work may be covered in a single policy for that railroad, even though the work 17 may be at two or more separate locations. 18 19 No work or activities on a railroad company's property to be performed by the Contractor shall be 20 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 21 for each railroad company named,as required above. All such insurance must be approved by the City and 22 each affected Railroad Company prior to the Contractor's beginning work. 23 24 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 25 has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, 26 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 27 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the 28 railroad company operating over tracks involved in the Project. 29 30 SC-6.04.,"Project Schedule" 31 32 Project schedule shall be tier 3 for the project. 33 34 SC-6.07.,"Wage Rates" 35 36 The following is the prevailing wage rate table(s)applicable to this project and is provided in the 37 Appendixes: 38 2013 Prevailing Wage Rates(Commercial Construction Projects) 39 40 SC-6.09.,"Permits and Utilities" 41 42 SC-6.09A.,"Contractor obtained permits and licenses" 43 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 44 None 45 46 SC-6.09B."City obtained permits and licenses" 47 The following are known permits and/or licenses required by the Contract to be acquired by the City:None 48 49 SC-6.09C."Outstanding permits and licenses" 50 51 The following is a list of known outstanding permits and/or licenses to be acquired,if any as of April 10, 52 2014: 53 54 Outstanding Permits and/or Licenses to Be Acquired CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised April 1,2013 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 5 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 1 2 3 4 SC-7.02.,"Coordination" 5 6 The individuals or entities listed below have contracts with the City for the performance of other work at 7 the Site: 8 Vendor Scope of Work Coordination Authorit None None None 9 10 I 1 SC-8.01,"Communications to Contractor" 12 13 None 14 15 SC-9.01.,"City's Project Representative" 16 17 The following firm is a consultant to the City responsible for construction management of this Project: 18 None 19 20 21 SC-13.03C.,"Tests and Inspections" 22 23 None 24 25 SC-16.01C.1,"Methods and Procedures" 26 27 None 28 29 30 31 END OF SECTION CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised April 1,2013 01 11 00-1 SUMMARY OF WORK Page 1 of 3 1 SECTION 01 1100 2 SUMMARY OF WORK 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 -General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials,and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list,then the item shall 27 be considered as a subsidiary item of Work,the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys,or other public places 34 or other rights-of-way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 01 1100-2 SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks,the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to,all trees,shrubbery,plants, 18 lawns, fences,culverts,curbing,and all other types of structures or improvements, 19 to all water, sewer,and gas lines,to all conduits,overhead pole lines,or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation,company, individual,or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act,omission,neglect, or misconduct in the manner or method or 31 execution of the Work,or at any time due to defective work,material,or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight,and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal,temporary 40 closures and replacement,shall be subsidiary to the various items bid in the 41 project proposal,unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 01 11 00-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 1 I END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMEN'rS City Project No.01605 Revised December 20,2012 01 2500-1 SUBSTITUTION PROCEDURES Page 1 of 4 1 SECTION 01 25 00 2 SUBSTITUTION PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to I or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or-equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1 —General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution- General 26 1. Within 30 days after award of Contract(unless noted otherwise),the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors,trade names, or 31 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or-equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or-equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 012500-2 SUBSTITUTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form(attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule,when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including,but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved,the resulting cost and/or time reduction 46 will be documentcd by Change Order in accordance with the General Conditions. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 4. No additional contract time will be given for substitution. 2 5. Substitution will be rejected if. 3 a. Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion,acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion,substitution will not perform adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product, the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified,and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work,to include building 20 modifications if necessary,making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2- PRODUCTS [NOT USED] 28 PART 3- EXECUTION [NOT USED] 29 END OF SECTION 30 Revision Log DATE NAME SUMMARY OF CHANGE 31 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 1 EXHIBIT A 2 REQUEST FOR SUBSTITUTION FORM: 3 4 TO: 5 PROJECT: DATE: 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 11 Proposed Substitution: 12 Reason for Substitution: 13 Include complete information on changes to Drawings and/or Specifications which proposed 14 substitution will require for its proper installation. 15 16 Fill in Blanks Below: 17 A. Will the undersigned contractor pay for changes to the building design, including engineering 18 and detailing costs caused by the requested substitution? 19 20 21 B. What effect does substitution have on other trades? 22 23 24 C. Differences between proposed substitution and specified item? 25 26 27 D. Differences in product cost or product delivery time? 28 29 30 E. Manufacturer's guarantees of the proposed and specified items are: 31 32 Equal Better(explain on attachment) 33 The undersigned states that the function, appearance and quality are equivalent or superior to the 34 specified item. 35 Submitted By: For Use by City 36 37 Signature _Recommended _Recommended 38 as noted 39 40 Firm _Not recommended _Received late 41 Address By 42 Date 43 Date Remarks 44 Telephone 45 46 For Use by City: 47 48 Approved Rejected 49 City Date CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 31 19-1 PRECONSTRUCTION MEETING Page I of 3 1 SECTION 01 31 19 2 PRECONSTRUCTION MEETING 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded,tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2, The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised August 17,2012 013119-2 PRECONSTRUCTION MEETING Page 2 of 3 1 e. Other City representatives 2 f. Others as appropriate 3 4. Construction Schedule 4 a. Prepare baseline construction schedule in accordance with Section 0132 16 and 5 provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. 8 5. Preliminary Agenda may include: 9 a. Introduction of Project Personnel 10 b. General Description of Project 11 c. Status of right-of-way,utility clearances,easements or other pertinent permits 12 d. Contractor's work plan and schedule 13 e. Contract Time 14 f. Notice to Proceed 15 g. Construction Staking 16 h. Progress Payments 17 i. Extra Work and Change Order Procedures 18 j. Field Orders 19 k. Disposal Site Letter for Waste Material 20 1. Insurance Renewals 21 m. Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre-Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. Trench Safety Plans 28 t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storm Water Pollution Prevention Plan 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 40 ee. Record Drawings 41 ff. Temporary construction facilities 42 gg. M/WBE or MBE/SBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 J. Questions or Comments CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised August 17,2012 01 31 19-3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised August 17,2012 013120-1 PROJECT MEETINGS Page 1 of 3 1 SECTION 01 31 20 2 PROJECT MEETINGS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 —General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified, periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded, tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section, may be held when requested 29 by the City, Engineer or Contractor. 30 B. Pre-Construction Neighborhood Meeting 31 1. After the execution of the Agreement, but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule, including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of meeting to be determined by the City. 37 3. Attendees 38 a. Contractor CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 013120-2 PROJECT MEETINGS Page 2 of 3 1 b. Project Representative 2 c. Other City representatives 3 4. Meeting Schedule 4 a. In general,the neighborhood meeting will occur within the 2 weeks following 5 the pre-construction conference. 6 b. In no case will construction be allowed to begin until this meeting is held. 7 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings will be 9 scheduled and administered by Project Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as- 11 needed basis. Such additional meetings shall include,but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 16 e. Equipment approval 17 3. The Project Representative will preside at progress meetings,prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 e. City's representatives 28 f. Others,as requested by the Project Representative 29 5. Preliminary Agenda may include: 30 a. Review of Work progress since previous meeting 31 b. Field observations,problems,conflicts 32 c. Items which impede construction schedule 33 d. Review of off-site fabrication,delivery schedules 34 e. Review of construction interfacing and sequencing requirements with other 35 construction contracts 36 f. Corrective measures and procedures to regain projected schedule 37 g. Revisions to construction schedule 38 h. Progress, schedule,during succeeding Work period 39 i. Coordination of schedules 40 j. Review submittal schedules 41 k. Maintenance of quality standards 42 1. Pending changes and substitutions 43 m. Review proposed changes for: 44 1) Effect on construction schedule and on completion date 45 2) Effect on other contracts of the Project 46 n. Review Record Documents 47 o. Review monthly pay request 48 p. Review status of Requests for Information CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 013120-3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable,meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2- PRODUCTS [NOT USED] 20 PART 3- EXECUTION [NOT USED] 21 END OF SECTION 22 Revision Log DATE NAME SUMMARY OF CHANGE 23 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page I of 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 14 2. Division I —General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 -No schedule submittal required by contract. Small, brief duration 23 projects 24 b. Tier 2 -No schedule submittal required by contract, but will require some 25 milestone dates. Small, brief duration projects 26 c. Tier 3 - Schedule submittal required by contract as described in the 27 Specification and herein. Majority of City projects, including all bond program 28 projects 29 d. Tier 4- Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmentall entity 33 e. Tier 5 - Schedule submittal required by contract as described in the 34 Specification and herein. Large and/or very complex projects with long 35 durations, high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule - Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule - Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative-Concise narrative of the schedule including schedule 2 changes,expected delays,key schedule issues,critical path items,etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost-loaded baseline Schedule using approved software and the 9 Critical Path Method(CPM)as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative(Project Scheduler)responsible for 15 developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule monthly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders,resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met,or when so directed by the City,make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day,working 37 days per week,the amount of construction equipment,or any combination 38 of the foregoing,sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities,and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City,the City may direct the Contractor to increase the level of effort in 43 manpower(trades),equipment and work schedule(overtime,weekend and holiday 44 work,etc.)to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 32 16-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 D. The Contract completion time will be adjusted only for causes specified in this 2 Contract. 3 a. Requests for an extension of any Contract completion date must be 4 supplemented with the following: 5 1) Furnish justification and supporting evidence as the City may deem 6 necessary to determine whether the requested extension of time is entitled 7 under the provisions of this Contract. 8 a) The City will, after receipt of such justification and supporting 9 evidence, make findings of fact and will advise the Contractor, in 10 writing thereof. 11 2) If the City finds that the requested extension of time is entitled, the City's 12 determination as to the total number of days allowed for the extensions 13 shall be based upon the approved total baseline schedule and on all data 14 relevant to the extension. 15 a) Such data shall be included in the next updating of the Progress 16 schedule. 17 b) Actual delays in activities which, according to the Baseline schedule, 18 do not affect any Contract completion date shown by the critical path in 19 the network will not be the basis for a change therein. 20 2. Submit each request for change in Contract completion date to the City within 30 21 days after the beginning of the delay for which a time extension is requested but 22 before the date of final payment under this Contract. 23 a. No time extension will be granted for requests which are not submitted within 24 the foregoing time limit. 25 b. From time to time, it may be necessary for the Contract schedule or completion 26 time to be adjusted by the City to reflect the effects of job conditions, weather, 27 technical difficulties, strikes, unavoidable delays on the part of the City or its 28 representatives, and other unforeseeable conditions which may indicate 29 schedule adjustments or completion time extensions. 30 1) Under such conditions,the City will direct the Contractor to reschedule the 31 work or Contract completion time to reflect the changed conditions and the 32 Contractor shall revise his schedule accordingly. 33 a) No additional compensation will be made to the Contractor for such 34 schedule changes except for unavoidable overall contract time 35 extensions beyond the actual completion of unaffected work, in which 36 case the Contractor shall take all possible action to minimize any time 37 extension and any additional cost to the City. 38 b) Available float time in the Baseline schedule may be used by the City 39 as well as by the Contractor. 40 3. Float or slack time is defined as the amount of time between the earliest start date 41 and the latest start date or between the earliest finish date and the latest finish date 42 of a chain of activities on the Baseline Schedule. 43 a. Float or slack time is not for the exclusive use or benefit of either the 44 Contractor or the City. 45 b. Proceed with work according to early start dates, and the City shall have the 46 right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 c. Acknowledge and agree that actual delays, affecting paths of activities 2 containing float time,will not have any effect upon contract completion times, 3 providing that the actual delay does not exceed the float time associated with 4 those activities. 5 E. Coordinating Schedule with Other Contract Schedules 6 1. Where work is to be performed under this Contract concurrently with or contingent 7 upon work performed on the same facilities or area under other contracts,the 8 Baseline Schedule shall be coordinated with the schedules of the other contracts. 9 a. Obtain the schedules of the other appropriate contracts from the City for the 10 preparation and updating of Baseline schedule and make the required changes 11 in his schedule when indicated by changes in corresponding schedules. 12 2. In case of interference between the operations of different contractors,the City will 13 determine the work priority of each contractor and the sequence of work necessary 14 to expedite the completion of the entire Project. 15 a. In such cases,the decision of the City shall be accepted as final. 16 b. The temporary delay of any work due to such circumstances shall not be 17 considered as justification for claims for additional compensation. 18 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. Submit Schedule in native file format and pdf format as required in the City of Fort 21 Worth Schedule Guidance Document. 22 a. Native file format includes: 23 1) Primavera(P6 or Primavera Contractor) 24 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 25 bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 C. Schedule Narrative 31 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 32 Schedule Guidance Document. 33 2. Submit schedule narrative monthly no later than the last day of the month. 34 D. Submittal Process 35 1. The City administers and manages schedules through Buzzsaw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3. Once the project has been completed and Final Acceptance has been issued by the 39 City,no further progress schedules are required. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 32 16-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. The person preparing and revising the construction Progress Schedule shall be 6 experienced in the preparation of schedules of similar complexity. 7 B. Schedule and supporting documents addressed in this Specification shall be prepared, 8 updated and revised to accurately reflect the performance of the construction. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS [NOT USED] 15 PART 3- EXECUTION [NOT USED] 16 END OF SECTION 17 Revision Log DATE NAME SUMMARY OF CHANGE 18 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 32 33-1 PRECONSTRUCTION VIDEO Page 1 of 2 1 SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 013233-2 PRECONSTRUCTION VIDEO Page 2 of 2 1 PART 3- EXECUTION [NOT USED] 2 END OF SECTION 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 33 00-1 SUBMITTALS Page 1 of 8 1 SECTION 0133 00 2 SUBMITTALS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work-related submittals: 8 a. Shop Drawings 9 b. Product Data(including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 013300-2 SUBMITTALS Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples,utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter,A-Z, indicating the resubmission of the same drawing(i.e. 11 A=2nd submission,B=3rd submission,C=4th submission,etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission(second resubmission)of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings,product data and samples, including those by 22 subcontractors, prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing,sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) `By this submittal,I hereby represent that I have determined and verified 33 field measurements,field construction criteria,materials,dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 '/z inches x 11 inches to 8 '/z inches x 11 inches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items/Table of Contents 44 c. Product Data/Shop Drawings/Samples/Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 013300-3 SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of- 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom-prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing-in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 013300-4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational-range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare-parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include,but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing,as applicable to the Work 18 I. Do not start Work requiring a shop drawing,sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed,materials purchased or on-site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work,materials,fabrication,and installations in conformance 26 with approved shop drawings,applicable samples,and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site,or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned,Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution(if required in lieu of electronic distribution) CITY OF FORT WORTH Lower Como Erosion Control improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 013300-5 SUBMITTALS Page 5 of 8 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples, where required,to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors, including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City, except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy, for coordinating the 35 Work with all other associated work and trades, for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings, data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance,the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under 1 of the following codes: 43 a. Code 1 44 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 45 comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 013300-6 SUBMITTALS Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however,all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however,all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all comments, omissions and 14 non-conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 Calendar Days of 16 the date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense,based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than 1 resubmission or any other delay in obtaining City's 37 review of submittals,will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial,at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor,and will be considered"Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents,then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 013300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information(RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01"and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01665 Revised December 20,2012 013300-8 SUBMITTALS Page 8 of 8 1 PART 2- PRODUCTS [NOT USED] 2 PART 3- EXECUTION [NOT USED] 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D.Johnson 1.4.K.8.Working Days modified to Calendar Days 5 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 0135 13-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days I 1 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 1. (Coordination with North Central Texas Council of Governments Clean 19 Construction Specification[remove if not required]) 20 B. Deviations from this City of Fort Worth Standard Specification 21 1. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 24 2. Division 1 —General Requirements 25 3. Section 33 12 25 —Connection to Existing Water Mains 26 1.2 PRICE AND PAYMENT PROCEDURES 27 A. Measurement and Payment 28 1. Coordination within Railroad permit areas 29 a. Measurement 30 1) Measurement for this Item will be by lump sum. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 will be paid for at the lump sum price bid for Railroad Coordination. 34 c. The price bid shall include: 35 1) Mobilization 36 2) Inspection 37 3) Safety training 38 4) Additional Insurance 39 5) Insurance Certificates CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 6) Other requirements associated with general coordination with Railroad, 2 including additional employees required to protect the right-of-way and 3 property of the Railroad from damage arising out of and/or from the 4 construction of the Project. 5 2. Railroad Flagmen 6 a. Measurement 7 1) Measurement for this Item will be per working day. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 will be paid for each working day that Railroad Flagmen are present at the 11 Site. 12 c. The price bid shall include: 13 1) Coordination for scheduling flagmen 14 2) Flagmen 15 3) Other requirements associated with Railroad 16 3. All other items 17 a. Work associated with these Items is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this Specification refer to the current reference 22 standard published at the time of the latest revision date logged at the end of this 23 Specification, unless a date is specifically cited. 24 2. Health and Safety Code,Title 9. Safety, Subtitle A. Public Safety,Chapter 752. 25 High Voltage Overhead Lines. 26 3. North Central Texas Council of Governments(NCTCOG)—Clean Construction 27 Specification 28 1.4 ADMINISTRATIVE REQUIREMENTS 29 A. Coordination with the Texas Department of Transportation 30 1. When work in the right-of-way which is under the jurisdiction of the Texas 31 Department of Transportation(TxDOT): 32 a. Notify the Texas Department of Transportation prior to commencing any work 33 therein in accordance with the provisions of the permit 34 b. All work performed in the TxDOT right-of-way shall be performed in 35 compliance with and subject to approval from the Texas Department of 36 Transportation 37 B. Work near High Voltage Lines 38 1. Regulatory Requirements 39 a. All Work near High Voltage Lines(more than 600 volts measured between 40 conductors or between a conductor and the ground)shall be in accordance with 41 Health and Safety Code,Title 9, Subtitle A,Chapter 752. 42 2. Warning sign 43 a. Provide sign of sufficient size meeting all OSHA requirements. 44 3. Equipment operating within 10 feet of high voltage lines will require the following 45 safety features CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 0135 13-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Insulating cage-type of guard about the boom or arm 2 b. Insulator links on the lift hook connections for back hoes or dippers 3 c. Equipment must meet the safety requirements as set forth by OSHA and the 4 safety requirements of the owner of the high voltage lines 5 4. Work within 6 feet of high voltage electric lines 6 a. Notification shall be given to: 7 1) The power company (example: ONCOR) 8 a) Maintain an accurate log of all such calls to power company and record 9 action taken in each case. 10 b. Coordination with power company 11 1) After notification coordinate with the power company to: 12 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 13 lower the lines 14 c. No personnel may work within 6 feet of a high voltage line before the above 15 requirements have been met. 16 C. Confined Space Entry Program 17 1. Provide and follow approved Confined Space Entry Program in accordance with 18 OSHA requirements. 19 2. Confined Spaces include: 20 a. Manholes 21 b. All other confined spaces in accordance with OSHA's Permit Required for 22 Confined Spaces 23 D. Air Pollution Watch Days 24 1. General 25 a. Observe the following guidelines relating to working on City construction sites 26 on days designated as "AIR POLLUTION WATCH DAYS". 27 b. Typical Ozone Season 28 1) May 1 through October 31. 29 c. Critical Emission Time 30 1) 6:00 a.m. to 10:00 a.m. 31 2. Watch Days 32 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 33 with the National Weather Service, will issue the Air Pollution Watch by 3:00 34 p.m. on the afternoon prior to the WATCH day. 35 b. Requirements 36 1) Begin work after 10:00 a.m. whenever construction phasing requires the 37 use of motorized equipment for periods in excess of 1 hour. 38 2) However, the Contractor may begin work prior to 10:00 a.m. if: 39 a) Use of motorized equipment is less than 1 hour, or 40 b) If equipment is new and certified by EPA as "Low Emitting", or 41 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 42 alternative fuels such as CNG. 43 E. TCEQ Air Permit 44 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 45 F. Use of Explosives, Drop Weight, Etc. 46 1. When Contract Documents permit on the project the following will apply: CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 a. Public Notification 2 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 3 prior to commencing. 4 2) Minimum 24 hour public notification in accordance with Section 0131 13 5 G. Water Department Coordination 6 1. During the construction of this project, it will be necessary to deactivate,for a 7 period of time,existing lines. The Contractor shall be required to coordinate with 8 the Water Department to determine the best times for deactivating and activating 9 those lines. 10 2. Coordinate any event that will require connecting to or the operation of an existing 11 City water line system with the City's representative. 12 a. Coordination shall be in accordance with Section 33 12 25. 13 b. If needed,obtain a hydrant water meter from the Water Department for use 14 during the life of named project. 15 c. In the event that a water valve on an existing live system be turned off and on 16 to accommodate the construction of the project is required,coordinate this 17 activity through the appropriate City representative. 18 1) Do not operate water line valves of existing water system. 19 a) Failure to comply will render the Contractor in violation of Texas Penal 20 Code Title 7,Chapter 28.03 (Criminal Mischief)and the Contractor 21 will be prosecuted to the full extent of the law. 22 b) In addition,the Contractor will assume all liabilities and 23 responsibilities as a result of these actions. 24 H. Public Notification Prior to Beginning Construction 25 1. Prior to beginning construction on any block in the project, on a block by block 26 basis,prepare and deliver a notice or flyer of the pending construction to the front 27 door of each residence or business that will be impacted by construction. The notice 28 shall be prepared as follows: 29 a. Post notice or flyer 7 days prior to beginning any construction activity on each 30 block in the project area. 31 1) Prepare flyer on the Contractor's letterhead and include the following 32 information: 33 a) Name of Project 34 b) City Project No(CPN) 35 c) Scope of Project(i.e.type of construction activity) 36 d) Actual construction duration within the block 37 e) Name of the contractor's foreman and phone number 38 f) Name of the City's inspector and phone number 39 g) City's after-hours phone number 40 2) A sample of the `pre-construction notification' flyer is attached as Exhibit 41 A. 42 3) Submit schedule showing the construction start and finish time for each 43 block of the project to the inspector. 44 4) Deliver flyer to the City Inspector for review prior to distribution. 45 b. No construction will be allowed to begin on any block until the flyer is 46 delivered to all residents of the block. 47 I. Public Notification of Temporary Water Service Interruption during Construction CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 1. In the event it becomes necessary to temporarily shut down water service to 2 residents or businesses during construction, prepare and deliver a notice or flyer of 3 the pending interruption to the front door of each affected resident. 4 2. Prepared notice as follows: 5 a. The notification or flyer shall be posted 24 hours prior to the temporary 6 interruption. 7 b. Prepare flyer on the contractor's letterhead and include the following 8 information: 9 1) Name of the project 10 2) City Project Number 11 3) Date of the interruption of service 12 4) Period the interruption will take place 13 5) Name of the contractor's foreman and phone number 14 6) Name of the City's inspector and phone number 15 c. A sample of the temporary water service interruption notification is attached as 16 Exhibit B. 17 d. Deliver a copy of the temporary interruption notification to the City inspector 18 for review prior to being distributed. 19 e. No interruption of water service can occur until the flyer has been delivered to 20 all affected residents and businesses. 21 f. Electronic versions of the sample flyers can be obtained from the Project 22 Construction Inspector. 23 J. Coordination with United States Army Corps of Engineers (USACE) 24 1. At locations in the Project where construction activities occur in areas where 25 USACE permits are required, meet all requirements set forth in each designated 26 permit. 27 K. Coordination within Railroad Permit Areas 28 1. At locations in the project where construction activities occur in areas where 29 railroad permits are required, meet all requirements set forth in each designated 30 railroad permit. This includes, but is not limited to, provisions for: 31 a. Flagmen 32 b. Inspectors 33 c. Safety training 34 d. Additional insurance 35 e. Insurance certificates 36 f. Other employees required to protect the right-of-way and property of the 37 Railroad Company from damage arising out of and/or from the construction of 38 the project. Proper utility clearance procedures shall be used in accordance 39 with the permit guidelines. 40 2. Obtain any supplemental information needed to comply with the railroad's 41 requirements. 42 3. Railroad Flagmen 43 a. Submit receipts to City for verification of working days that railroad flagmen 44 were present on Site. 45 L. Dust Control 46 1. Use acceptable measures to control dust at the Site. 47 a. If water is used to control dust,capture and properly dispose of waste water. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No,01605 Revised December 20,2012 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 b. If wet saw cutting is performed,capture and properly dispose of slurry. 2 M. Employee Parking 3 1. Provide parking for employees at locations approved by the City. 4 N. {Coordination with North Central Texas Council of Governments(NCTCOG)Clean 5 Construction Specification[if required for the project—verify with City] 6 1. Comply with equipment,operational,reporting and enforcement requirements set 7 forth in NCTCOG's Clean Construction Specification.) 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2- PRODUCTS [NOT USED] 17 PART 3- EXECUTION [NOT USED] 18 END OF SECTION 19 Revision Log DATE NAME SUMMARY OF CHANGE 1.4.13—Added requirement of compliance with Health and Safety Code,Title 9. 8/31/2012 D.Johnson Safety,Subtitle A.Public Safety,Chapter 752.High Voltage Overhead Lines. 1.4.E—Added Contractor responsibility for obtaining a TCEQ Air Permit 20 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 0135 13-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 1 EXHIBIT A 2 (To be printed on Contractor's Letterhead) 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: 10 Mapsco Location: 11 Limits of Construction: 12 13 14 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 37 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 0135 13-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 1 EXHIBIT B FORT WORTH OM NO X3= w�cx lle�s: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) ('TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, .CONTRACTOR 3 — 4 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 01 45 23-1 TESTING AND INSPECTION SERVICES Page I of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails,the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance,that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution(if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS [NOT USED] 27 PART 3- EXECUTION [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 50 00- 1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 1 SECTION 01 50 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 —General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 015000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting,operation of equipment,or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off-site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated,watertight,weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting,and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 5000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on-call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR] / [RESTORATION] 25 3.6 RE-INSTALLATION 26 3.7 FIELD IoR] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 015000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work,to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 55 26-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification I 1 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 3. Section 34 71 13 —Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit,such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit,such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction,then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs,replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices(MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete,to the extent that the permanent sign can be 22 reinstalled,contact the City Transportation and Public Works Department, Signs 23 and Markings Division,to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2- PRODUCTS [NOT USED] 35 PART 3- EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 5526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 015713-1 STORM WATER POLLUTION PREVENTION Page I of 3 1 SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the 11 Contract 12 2. Division 1 —General Requirements 13 3. Section 31 25 00—Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change:NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management(iSWM)Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 3125 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR150000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works, Environmental Division, (817)392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 3125 00 17 b) The Drawings 18 c) TXR150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System(TPDES) General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division,(817)392-6088. 29 2) TCEQ Notice of Change required if making changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 3125 00 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division,(817)392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 0133 00,except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works,Environmental Division for review CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 57 13-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 01 33 00. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2 - PRODUCTS [NOT USED] 12 PART 3 - EXECUTION [NOT USED] 13 END OF SECTION 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 58 13-1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 1 SECTION 01 58 13 2 TEMPORARY PROJECT SIGNAGE 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS 27 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT,PRODUCT TYPES,AND MATERIALS 29 A. Design Criteria 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of%-inch fir plywood,grade A-C(exterior)or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3- EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed,upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION 31 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 58 13-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 60 00-1 PRODUCT REQUIREMENTS Page 1 of 2 1 SECTION 0160 00 2 PRODUCT REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02 - Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved for use, including but not limited to,that 27 manufacturer's standard product. 28 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 016000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS [NOT USED] 5 PART 3- EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D.Johnson Modified Location of City's Standard Product List 8 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 01 66 00-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 —General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July I,2011 016600-2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings,or approved by City's Project Representative. 24 5. Provide off-site storage and protection when on-site storage is not adequate. 25 a. Provide addresses of and access to off-site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns,grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly,safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns,sidewalks,streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet,unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 016600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR/RESTORATION [NOT USED] 10 3.6 RE-INSTALLATION [NOT USED] 11 3.7 FIELD JoR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non-Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 016600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 1 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 70 00-1 MOBILIZATION AND REMOBILIZATION Page I of 4 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Mobilization and Demobilization 7 a. Mobilization 8 1) Transportation of Contractor's personnel, equipment, and operating supplies 9 to the Site 10 2) Establishment of necessary general facilities for the Contractor's operation 1 I at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor's personnel, equipment, and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor's operation 16 from I location to another location on the Site. 17 b. Demobilization 18 1) Transportation of Contractor's personnel, equipment, and operating supplies 19 away from the Site including disassembly 20 2) Site Clean-up 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract. 25 2. Remobilization 26 a. Remobilization for Suspension of Work specifically required in the Contract 27 Documents or as required by City includes: 28 1) Demobilization 29 a) Transportation of Contractor's personnel, equipment, and operating 30 supplies from the Site including disassembly or temporarily securing 31 equipment, supplies, and other facilities as designated by the Contract 32 Documents necessary to suspend the Work. 33 b) Site Clean-up as designated in the Contract Documents 34 2) Remobilization 35 a) Transportation of Contractor's personnel, equipment, and operating 36 supplies to the Site necessary to resume the Work. 37 b) Establishment of necessary general facilities for the Contractor's 38 operation at the Site necessary to resume the Work. 39 3) No Payments will be made for: 40 a) Mobilization and Demobilization from one location to another on the 41 Site in the normal progress of performing the Work. 42 b) Stand-by or idle time 43 c) Lost profits 44 3. Mobilizations and Demobilization for Miscellaneous Projects 45 a. Mobilization and Demobilization CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 017000-2 MOBILIZATION AND REMOBILIZATION Page 2 of 4 1 1) Mobilization shall consist of the activities and cost on a Work Order basis 2 necessary for: 3 a) Transportation of Contractor's personnel,equipment,and operating 4 supplies to the Site for the issued Work Order. 5 b) Establishment of necessary general facilities for the Contractor's 6 operation at the Site for the issued Work Order 7 2) Demobilization shall consist of the activities and cost necessary for: 8 a) Transportation of Contractor's personnel,equipment, and operating 9 supplies from the Site including disassembly for each issued Work 10 Order 11 b) Site Clean-up for each issued Work Order 12 c) Removal of all buildings or other facilities assembled at the Site for 13 each Work Oder 14 b. Mobilization and Demobilization do not include activities for specific items of 15 work for which payment is provided elsewhere in the contract. 16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 17 a. A Mobilization for Miscellaneous Projects when directed by the City and the 18 mobilization occurs within 24 hours of the issuance of the Work Order. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include,but are not necessarily limited to: 22 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 23 2. Division 1 —General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Mobilization and Demobilization 27 a. Measure 28 1) This Item is considered subsidiary to the various Items bid. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 are subsidiary to the various Items bid and no other compensation will be 32 allowed. 33 2. Remobilization for suspension of Work as specifically required in the Contract 34 Documents 35 a. Measurement 36 1) Measurement for this Item shall be per each remobilization performed. 37 b. Payment 38 1) The work performed and materials furnished in accordance with this Item 39 and measured as provided under"Measurement"will be paid for at the unit 40 price per each"Specified Remobilization"in accordance with Contract 41 Documents. 42 c. The price shall include: 43 1) Demobilization as described in Section 1.1.A.2.a.1) 44 2) Remobilization as described in Section 1.1.A.2.a.2) 45 d. No payments will be made for standby, idle time,or lost profits associated this 46 Item. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 01 7000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 1 3. Remobilization for suspension of Work as required by City 2 a. Measurement and Payment 3 1) This shall be submitted as a Contract Claim in accordance with Article 10 4 of Section 00 72 00. 5 2) No payments will be made for standby, idle time, or lost profits associated 6 with this Item. 7 4. Mobilizations and Demobilizations for Miscellaneous Projects 8 a. Measurement 9 1) Measurement for this Item shall be for each Mobilization and 10 Demobilization required by the Contract Documents 11 b. Payment 12 1) The Work performed and materials furnished in accordance with this Item 13 and measured as provided under"Measurement" will be paid for at the unit 14 price per each "Work Order Mobilization" in accordance with Contract 15 Documents. Demobilization shall be considered subsidiary to mobilization 16 and shall not be paid for separately. 17 c. The price shall include: 18 1) Mobilization as described in Section 1.1.A.3.a.I) 19 2) Demobilization as described in Section I.1.A.3.a.2) 20 d. No payments will be made for standby, idle time, or lost profits associated this 21 Item. 22 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 23 a. Measurement 24 1) Measurement for this Item shall be for each Mobilization and 25 Demobilization required by the Contract Documents 26 b. Payment 27 1) The Work performed and materials furnished in accordance with this Item 28 and measured as provided under"Measurement" will be paid for at the unit 29 price per each "Work Order Emergency Mobilization" in accordance with 30 Contract Documents. Demobilization shall be considered subsidiary to 31 mobilization and shall not be paid for separately. 32 c. The price shall include 33 1) Mobilization as described in Section 1.1.A.4.a) 34 2) Demobilization as described in Section I.1.A.3.a.2) 35 d. No payments will be made for standby, idle time, or lost profits associated this 36 Item. 37 1.3 REFERENCES [NOT USED] 38 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 39 1.5 SUBMITTALS [NOT USED] 40 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 41 1.7 CLOSEOUT SUBMITTALS [NOT USED] 42 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 43 1.9 QUALITY ASSURANCE [NOT USED] 44 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 017000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 Revision Log DATE NAME SUMMARY OF CHANGE 7 CITY OF FORT WORTH Lower Como Erosion Control Cmprovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 4 1 SECTION 01 71 23 2 CONSTRUCTION STAKING AND SURVEY 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) This Item is considered subsidiary to the various Items bid. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item are subsidiary to the various Items bid and no other compensation will 20 be allowed. 21 2. Construction Survey 22 a. Measurement 23 1) This Item is considered subsidiary to the various Items bid. 24 b. Payment 25 1) The work performed and the materials furnished in accordance with this 26 Item are subsidiary to the various Items bid and no other compensation will 27 be allowed. 28 1.3 REFERENCES [NOT USED] 29 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 30 1.5 SUBMITTALS 31 A. Submittals, if required, shall be in accordance with Section 01 33 00. 32 B. All submittals shall be approved by the City prior to delivery. 33 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 34 A. Certificates 35 1. Provide certificate certifying that elevations and locations of improvements are in 36 conformance or non-conformance with requirements of the Contract Documents. 37 a. Certificate must be sealed by a registered professional land surveyor in the 38 State of Texas. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,20I2 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 4 1 B. Field Quality Control Submittals 2 1. Documentation verifying accuracy of field engineering work. 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE 6 A. Construction Staking 7 1. Construction staking will be performed by the City. 8 2. Coordination 9 a. Contact City's Project Representative at least 2 weeks in advance for 10 scheduling of Construction Staking. 11 b. It is the Contractor's responsibility to coordinate staking such that construction 12 activities are not'delayed or negatively impacted. 13 3. General 14 a. Contractor is responsible for preserving and maintaining stakes furnished by 15 City. 16 b. If in the opinion of the City,a sufficient number of stakes or markings have 17 been lost,destroyed or disturbed,by Contractor's neglect, such that the 18 contracted Work cannot take place,then the Contractor will be required to pay 19 the City for new staking with a 25 percent markup. The cost for staking will be 20 deducted from the payment due to the Contractor for the Project. 21 B. Construction Survey 22 1. Construction Survey will be performed by the City. 23 2. Coordination 24 a. Contractor to verify that control data established in the design survey remains 25 intact. 26 b. Coordinate with the City prior to field investigation to determine which 27 horizontal and vertical control data will be required for construction survey. 28 c. It is the Contractor's responsibility to coordinate Construction Survey such that 29 construction activities are not delayed or negatively impacted. 30 d. Notify City if any control data needs to be restored or replaced due to damage 31 caused during construction operations. 32 1) City shall perform replacements and/or restorations. 33 3. General 34 a. Construction survey will be performed in order to maintain complete and 35 accurate logs of control and survey work as it progresses for Project Records. 36 b. The Contractor will need to ensure coordination is maintained with the City to 37 perform construction survey to obtain construction features, including but not 38 limited to the following: 39 1) All Utility Lines 40 a) Rim and flowline elevations and coordinates for each manhole or 41 junction structure 42 2) Water Lines 43 a) Top of pipe elevations and coordinates for waterlines at the following 44 locations: 45 (1) Every 250 linear feet CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 1 (2) Horizontal and vertical points of inflection, curvature, etc. (All 2 Fittings) 3 (3) Cathodic protection test stations 4 (4) Sampling stations 5 (5) Meter boxes/vaults (All sizes) 6 (6) Fire lines 7 (7) Fire hydrants 8 (8) Gate valves 9 (9) Plugs, stubouts, dead-end lines 10 (10) Air Release valves (Manhole rim and vent pipe) 11 (11) Blow off valves(Manhole rim and valve lid) 12 (12) Pressure plane valves 13 (13) Cleaning wyes 14 (14) Casing pipe(each end) 15 b) Storm Sewer 16 (1) Top of pipe elevations and coordinates at the following locations: 17 (a) Every 250 linear feet 18 (b) Horizontal and vertical points of inflection, curvature, etc. 19 c) Sanitary Sewer 20 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 21 the following locations: 22 (a) Every 250 linear feet 23 (b) Horizontal and vertical points of inflection, curvature, etc. 24 (c) Cleanouts 25 c. Construction survey will be performed in order to maintain complete and 26 accurate logs of control and survey work associated with meeting or exceeding 27 the line and grade required by these Specifications. 28 d. The Contractor will need to ensure coordination is maintained with the City to 29 perform construction survey and to verify control data, including but not 30 limited to the following: 31 1) Established benchmarks and control points provided for the Contractor's 32 use are accurate 33 2) Benchmarks were used to furnish and maintain all reference lines and 34 grades for tunneling 35 3) Lines and grades were used to establish the location of the pipe 36 4) Submit to the City copies of field notes used to establish all lines and 37 grades and allow the City to check guidance system setup prior to 38 beginning each tunneling drive. 39 5) Provide access for the City to verify the guidance system and the line and 40 grade of the carrier pipe on a daily basis. 41 6) The Contractor remains fully responsible for the accuracy of the work and 42 the correction of it, as required. 43 7) Monitor line and grade continuously during construction. 44 8) Record deviation with respect to design line and grade once at each pipe 45 joint and submit daily records to City. 46 9) If the installation does not meet the specified tolerances, immediately notify 47 the City and correct the installation in accordance with the Contract 48 Documents. 49 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 APPLICATION 9 3.5 REPAIR/RESTORATION [NOT USED] 10 3.6 RE-INSTALLATION [NOT USED] 11 3.7 FIELD [OR] SITE QUALITY CONTROL 12 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 13 City in accordance with this Specification. 14 B. Do not change or relocate stakes or control data without approval from the City. 15 3.8 SYSTEM STARTUP [NOT USED] 16 3.9 ADJUSTING [NOT USED] 17 3.10 CLEANING [NOT USED] 18 3.11 CLOSEOUT ACTIVITIES [NOT USED] 19 3.12 PROTECTION [NOT USED] 20 3.13 MAINTENANCE [NOT USED] 21 3.14 ATTACHMENTS [NOT USED] 22 END OF SECTION 23 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 24 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 017423-1 CLEANING Page I of 4 1 SECTION 0174 23 2 CLEANING 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 3. Section 32 92 13 —Hydro-Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE,AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 017423-2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS 4 2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3- EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits,oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 7423-3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on-site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 23 foreign materials from sight-exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts, blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior(Site or Right of Way) Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re-seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 017423-4 CLEANING Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities,and upon approval by 2 City,remove erosion control from site. 3 5. Clean signs, lights,signals,etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 Revision Log DATE NAME SUMMARY OF CHANGE 10 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July I,2011 01 77 19-1 CLOSEOUT REQUIREMENTS Page 1 of 3 1 SECTION 0177 19 2 CLOSEOUT REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 017719-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS[NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection,submit: 10 1. Project Record Documents in accordance with Section 01 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 12 B. Prior to requesting Final Inspection,perform final cleaning in accordance with Section 13 01 7423. 14 C. Final Inspection 15 1. After final cleaning,provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection,the City will notify the Contractor, in 19 writing within 10 business days,of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City,that the required Work has been completed. Upon receipt 26 of this notice,the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory,the City will issue a Notice of Project Completion (Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 e. Pipe Report(if required) 11 f. Contractor's Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. 17 3.5 REPAIR/RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 Revision Log DATE NAME SUMMARY OF CHANGE 29 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July I,2011 01 7823-1 OPERATION AND MAINTENANCE DATA Page 1 of 5 l SECTION 0178 23 2 OPERATION AND MAINTENANCE DATA 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include, but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) I l c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 01 33 00 . All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 '/z inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 017823-2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab,bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly-leaf for each separate product,or each piece of operating 5 equipment. 6 1) Provide typed description of product,and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used,correlate the data into related consistent 19 groupings. 20 4. If available,provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume,arranged in systematic order 23 a. Contractor,name of responsible principal,address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List,with each product: 26 1) The name,address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text,as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 017823-3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 5. Copy of each warranty, bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 I) Function, normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up, break-in, routine and normal operating instructions 32 2) Regulation, control, stopping, shut-down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly, repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and Iubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 017823-4 OPERATION AND MAINTENANCE DATA Page 4 of 5 1 i. Charts of valve tag numbers,with location and function of each valve 2 j. List of original manufacturer's spare parts,manufacturer's current prices,and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system,as appropriate: 6 a. Description of system and component parts 7 1) Function,normal operating characteristics,and limiting conditions 8 2) Performance curves,engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly,repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts,manufacturer's current prices,and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 01 7823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 1.5.A.1 —title of section removed 8 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,20I2 01 78 39-1 PROJECT RECORD DOCUMENTS Page 1 of 4 1 SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 PARTI - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records,make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work,both concealed and 4 visible,to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data,use means necessary to again secure the data 12 to the City's approval. 13 a. In such case,provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2- PRODUCTS 18 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City,at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection,provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS-JOB SET". CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 01 7839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes, use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor, subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings, by dimension accurate to within 1 31 inch,the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents, coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual location of items. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 017839-4 PROJECT RECORD DOCUMENTS Page 4 of 4 1 c. Call attention to each entry by drawing a"cloud" around the area or areas 2 affected. 3 d. Make changes neatly,consistently and with the proper media to assure 4 longevity and clear reproduction. 5 2. Transfer of data to other Documents 6 a. If the Documents,other than Drawings,have been kept clean during progress of 7 the Work, and if entries thereon have been orderly to the approval of the City, 8 the job set of those Documents,other than Drawings,will be accepted as final 9 Record Documents. 10 b. If any such Document is not so approved by the City,secure a new copy of that 11 Document from the City at the City's usual charge for reproduction and 12 handling, and carefully transfer the change data to the new copy to the approval. 13 of the City. 14 3.5 REPAIR/RESTORATION [NOT USED] 15 3.6 RE-INSTALLATION [NOT USED] 16 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION [NOT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END OF SECTION 25 Revision Log DATE NAME SUMMARY OF CHANGE 26 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 329213-1 HYDROMULCHING,SEEDING AND SODDING Page 1 of 8 1 SECTION 32 92 13 2 HYDROMULCHING, SEEDING AND SODDING 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Furnishing and installing grass sod and permanent seeding as shown on Drawings, 7 or as directed. 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0- Bidding Requirements,Contract Forms, and Conditions of the Contract 12 2. Division 1 -General Requirements 13 3. Section 32 91 19—Topsoil Placement and Finishing of Parkways 14 4. Section 99 99 03 —Soil Stabilization Mat 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Block Sod Placement 18 a. Measurement 19 1) Measurement for this Item shall be by the square yard of Block Sod placed. 20 b. Payment 21 1) The work performed and materials furnished in accordance with this Item 22 and measured as provided under"Measurement"will be paid for at the unit 23 price bid per square yard of Block Sod placed. 24 c. The price bid shall include: 25 1) Furnishing and placing all sod 26 2) Rolling and tamping 27 3) Watering(until established) 28 4) Disposal of surplus materials 29 2. Seeding 30 a. Measurement 31 1) Measurement for this Item shall be by the square yard of Seed spread. 32 b. Payment 33 1) The work performed and materials furnished in accordance with this Item 34 and measured as provided under"Measurement"will be paid for at the unit 35 price bid per square yard of Seed placed for various installation methods. 36 c. The price bid shall include: 37 1) Furnishing and placing all Seed 38 2) Furnishing and applying water for seed fertilizer 39 3) Slurry and hydraulic mulching 40 4) Fertilizer 41 5) Watering and mowing(until established) 42 6) Disposal of surplus materials CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 329213-2 HYDROMULCHING,SEEDING AND SODDING Page 2 of 8 1 3. Mowing 2 a. Measurement 3 1) Measurement for this Item shall per each. 4 b. Payment 5 1) The work performed and materials furnished in accordance with this Item 6 and measured as provided under"Measurement"will be paid for at the unit 7 price bid per each. 8 1.3 REFERENCES [NOT USED] 9 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 10 1.5 ACTION SUBMITTALS [NOT USED] 11 1.6 INFORMATIONAL SUBMITTALS 12 A. Seed 13 1. Vendors' certification that seeds meet Texas State seed law including: 14 a. Testing and labeling for pure live seed(PLS) 15 b. Name and type of seed 16 2. All seed shall be tested in a laboratory with certified results presented to the City in 17 writing,prior to planting. 18 3. All seed to be of the previous season's crop and the date on the container shall be 19 within 12 months of the seeding date. 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY,STORAGE,AND HANDLING 24 A. Block Sod 25 1. Protect from exposure to wind,sun and freezing. 26 2. Keep stacked sod moist. 27 B. Seed 28 1. If using native grass or wildflower seed, seed must have been harvested within 100 29 miles of the construction site. 30 2. Each species of seed shall be supplied in a separate, labeled container for 31 acceptance by the City. 32 C. Fertilizer 33 1. Provide fertilizer labeled with the analysis. 34 2. Conform to Texas fertilizer law. 35 1.11 FIELD [SITE] CONDITIONS[NOT USED] 36 1.12 WARRANTY [NOT USED] 37 PART 2- PRODUCTS [NOT USED] 38 2.1 OWNER-FURNISHED PRODUCTS [NOT USED] CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 329213-3 HYDROMULCHING,SEEDING AND SODDING Page 3 of 8 1 2.2 MATERIALS AND EQUIPMENT 2 A. Materials 3 1. Block Sod 4 a. Sod Varieties(match existing if applicable) 5 1) "Stenotaphrum secundatum" (St. Augustine grass) 6 2) "Cynodon dactylon" (Common Bermudagrass) 7 3) "Buchloe dactyloides" (Buffalograss) 8 4) an approved hybrid of Common Bermudagrass 9 5) or an approved Zoysiagrass 10 b. Sod must contain stolons, leaf blades, rhizomes and roots. 11 c. Sod shall be alive, healthy and free of insects, disease, stones, undesirable 12 foreign materials and weeds and grasses deleterious to its growth or which 13 might affect its subsistence or hardiness when transplanted. 14 d. Minimum sod thickness: 3/4 inch 15 e. Maximum grass height: 2 inches 16 f. Acceptable growing beds 17 1) St. Augustine grass sod: clay or clay loam topsoil 18 2) Bermuda grasses and zoysia grasses: sand or sandy loam soils 19 g. Dimensions 20 1) Machine cut to uniform soil thickness. 21 2) Sod shall be of equal width and of a size that permits the sod to be lifted, 22 handled and rolled without breaking. 23 h. Broken or torn sod or sod with uneven ends shall be rejected. 24 2. Seed 25 a. General 26 1) Plant all seed at rates based on pure live seed(PLS) 27 a) Pure Live Seed(PLS)determined using the formula: 28 (1) Percent Pure Live Seed=Percent Purity x [(Percent Germination+ 29 Percent Firm or Hard Seed)+ 100] 30 2) Availability of Seed 31 a) Substitution of individual seed types due to lack of availability may be 32 permitted by the City at the time of planting. 33 b) Notify the City prior to bidding of difficulties locating certain species. 34 3) Weed seed 35 a) Not exceed ten percent by weight of the total of pure live seed(PLS) 36 and other material in the mixture 37 b) Seed not allowed: 38 (1) Johnsongrass 39 (2) Nutgrass seed 40 4) Harvest seed within 1-year prior to planting 41 b. Non-native Grass Seed 42 1) Plant between April 15 and September 10 43 Lbs. Common Name Botanical Name Purity Germination PLS/Acre (percent) (percent) 25 Bermuda(unhulled) cynodon dactylon 85 90 75 Bermuda(hulled) cynodon dactylon 95 90 44 45 2) Plant between September 10 and April 15 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 329213-4 HYDROMULCHING,SEEDING AND SODDING Page 4 of 8 1 Lbs. Common Name Botanical Name Purity Germination PLS/Acre (percent) (percent) 220 Rye Grass lolium multiflorum 85 90 75 Bermuda(unhulled) cynodon dactylon 95 90 2 3 c. Native Grass Seed 4 1) Plant between February 1 and October 1. 5 Lbs.PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestem* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestem Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis 6 7 d. Wildflower Seed 8 1) Plant between the following: 9 a) March 5 and May 31 10 b) September 1 and December 1 11 Lbs.PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden-Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea 12 *not to be planted within ten feet of a road or parking lot or within three feet of a 13 walkway 14 15 e. Temporary Erosion Control Seed 16 1) Consist of the sowing of cool season plant seeds. 17 3. Mulch 18 a. For use with conventional mechanical or hydraulic planting of seed. 19 b. Wood cellulose fiber produced from virgin wood or recycled paper-by-products 20 (waste products from paper mills or recycled newspaper). CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 329213-5 HYDROMULCHING,SEEDING AND SODDING Page 5 of 8 1 c. No growth or germination inhibiting factors. 2 d. No more than ten percent moisture, air dry weight basis. 3 e. Additives: binder in powder form. 4 f. Form a strong moisture retaining mat. 5 4. Fertilizer 6 a. Acceptable condition for distribution 7 b. Applied uniformly over the planted area 8 c. Analysis 9 1) 16-20-0 10 2) 16-8-8 11 d. Fertilizer rate: 12 1) Not required for wildflower seeding 13 2) Newly established seeding areas- 100 pounds of nitrogen per acre 14 3) Established seeding areas - 150 pounds of nitrogen per acre 15 5. Topsoil: See Section 32 91 19. 16 6. Water: clean and free of industrial wastes or other substances harmful to the 17 germination of the seed or to the growth of the vegetation. 18 7. Soil Retention Blanket 19 a. "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, 20 Arlington, Texas 76001, 1-800-777-SOIL or approved equal. 21 22 2.3 ACCESSORIES [NOT USED] 23 2.4 SOURCE QUALITY CONTROL [NOT USED] 24 PART 3 - EXECUTION [NOT USED] 25 3.1 INSTALLERS [NOT USED] 26 3.2 EXAMINATION [NOT USED] 27 3.3 PREPARATION 28 A. Surface Preparation: clear surface of all material including: 29 1. Stumps, stones, and other objects larger than one inch. 30 2. Roots, brush, wire, stakes, etc. 31 3. Any objects that may interfere with seeding or maintenance. 32 B. Tilling 33 1. Compacted areas: till 1 inch deep 34 2. Areas sloped greater than 3:1: run a tractor parallel to slope to provide less 35 seed/water run-off 36 3. Areas near trees: Do not till deeper than 1/2 inch inside "drip line" of trees. 37 3.4 INSTALLATION 38 A. Block Sodding 39 1. General 40 a. Place sod between curb and walk and on terraces that is the same type grass as 41 adjacent grass or existing lawn. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 329213-6 HYDROMULCHING,SEEDING AND SODDING Page 6 of 8 1 b. Plant between the average last freeze date in the spring and 6 weeks prior to the 2 average first freeze in the fall. 3 2. Installation 4 a. Plant sod specified after the area has been completed to the lines and grades 5 shown on the Drawings with 6 inches of topsoil. 6 b. Use care to retain native soil on the roots of the sod during the process of 7 excavating,hauling and planting. 8 c. Keep sod material moist from the time it is dug until planted. 9 d. Place sod so that the entire area designated for sodding is covered. 10 e. Fill voids left in the solid sodding with additional sod and tamp. 11 f. Roll and tamp sod so that sod is in complete contact with topsoil at a uniform 12 slope. 13 g. Peg sod with wooden pegs(or wire staple)driven through the sod block to the 14 firm earth in areas that may slide due to the height or slope of the surface or 15 nature of the soil. 16 3. Watering and Finishing 17 a. Furnish water as an ancillary cost to Contractor by means of temporary 18 metering/irrigation,water truck or by any other method necessary to achieve 19 an acceptable stand of turf as defined in 3.13.B. 20 b. Thoroughly water sod immediately after planted. 21 c. Water until established. 22 d. Generally,an amount of water that is equal to the average amount of rainfall 23 plus 1/2 inch per week should be applied until accepted. If applicable,plant 24 large areas by irrigation zones to ensure areas are watered as soon as they are 25 planted. 26 4. Plantings("Plugs") 27 a. Prepare slope as directed in subsection 3.3 of this Section. 28 b. Place plantings or plugs of one of the following variety(as directed by the 29 Engineer or as dictated by the Construction Plans)at the density prescribed: 30 1) Virginia Creeper(Parthenocissus quinquefolia), 1 planting per square yard 31 2) Inland Sea Oats(Chasmanthium latifolium), 1 planting per square yard 32 3) Texas Bluegrass(Poa arachnifera), 1 planting per square foot 33 4) Trumpetvine(Campsis radicans), 1 planting per 2 square yards 34 c. Place slope stabilization mat over planted slope per Section 99 99 03—Slope 35 Stabilization Mat. 36 d. Place 1"of topsoil over Slope Stabilization mat. 37 e. Apply hydroseed per subsection 3.4.13 of this Section. 38 B. Seeding 39 1. General 40 a. Seed only those areas indicated on the Drawings and areas disturbed by 41 construction. 42 b. Mark each area to be seeded in the field prior to seeding for City approval. 43 2. Broadcast Seeding 44 a. Broadcast seed in 2 directions at right angles to each other. 45 b. Harrow or rake lightly to cover seed. 46 c. Never cover seed with more soil than twice its diameter. 47 d. For wildflower plantings: 48 1) Scalp existing grasses to 1 inch CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 329213-7 HYDROMULCHING,SEEDING AND SODDING Page 7 of 8 1 2) Remove grass clippings, so seed can make contact with the soil. 2 3. Mechanically Seeding(Drilling): 3 a. Uniformly distribute seed over the areas shown on the Drawings or as directed. 4 b. All varieties of seed and fertilizer may be distributed at the same time provided 5 that each component is uniformly applied at the specified rate. 6 c. Drill seed at a depth of 1/4 inch to 3/8 inch utilizing a pasture or rangeland type 7 drill. 8 d. Drill on the contour of slopes 9 e. After planting roll with a roller integral to the seed drill, or a corrugated roller 10 of the "Cultipacker" type. 11 f. Roll slope areas on the contour. 12 4. Hydromulching 13 a. Mixing: Seed, mulch, fertilizer and water may be mixed provided that: 14 1) Mixture is uniformly suspended to form a homogenous slurry. 15 2) Mixture forms a blotter-like ground cover impregnated uniformly with 16 grass seed. 17 3) Mixture is applied within 30 minutes after placed in the equipment. 18 b. Placing 19 1) Uniformly distribute in the quantity specified over the areas shown on the 20 Drawings or as directed. 21 5. Fertilizing: uniformly apply fertilizer over seeded area. 22 6. Watering 23 a. Furnish water by means of temporary metering/ irrigation, water truck or by 24 any other method necessary to achieve an acceptable stand of turf as defined in 25 3.13.B. 26 b. Water soil to a minimum depth of 4 inches within 48 hours of seeding. 27 c. Water as direct by the City at least twice daily for 14 days after seeding in such 28 a manner as to prevent washing of the slopes or dislodgement of the seed. 29 d. Water until final acceptance. 30 e. Generally, an amount of water that is equal to the average amount of rainfall 31 plus 1/2 inch per week should be applied until accepted. 32 3.5 REPAIR/RESTORATION [NOT USED] 33 3.6 RE-INSTALLATION [NOT USED] 34 3.7 FIELD QUALITY CONTROL [NOT USED] 35 3.8 SYSTEM STARTUP [NOT USED] 36 3.9 ADJUSTING [NOT USED] 37 3.10 CLEANING [NOT USED] 38 3.11 CLOSEOUT ACTIVITIES 39 3.12 PROTECTION [NOT USED] 40 3.13 MAINTENANCE 41 A. Block Sodding 42 1. Water and mow sod until completion and final acceptance of the Project or as 43 directed by the City. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 329213-8 HYDROMULCHING,SEEDING AND SODDING Page 8 of 8 1 2. Sod shall not be considered finally accepted until the sod has started to peg down 2 (roots growing into the soil)and is free from dead blocks of sod. 3 B. Seeding 4 1. Water and mow sod until completion and final acceptance of the Project or as 5 directed by the City. 6 2. Maintain the seeded area until each of the following is achieved: 7 a. Vegetation is evenly distributed 8 b. Vegetation is free from bare areas 9 3. Turf will be accepted once fully established. 10 a. Seeded area must have 100 percent growth to a height of 3 inches with 1 mow 11 cycle performed by the Contractor prior to consideration of acceptance by the 12 City. 13 C. Rejection 14 1. City may reject block sod or seeded area on the basis of weed populations. 15 3.14 ATTACHMENTS [NOT USEDI 16 END OF SECTION 17 Revision Log DATE NAME SUMMARY OF CHANGE 18 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999900-1 ADDITIONAL SPECIFICATIONS Page 1 of I 1 SECTION 99 99 00 2 ADDITIONAL SPECIFICATIONS 3 PART1 - GENERAL 4 9999.0007—9999.0008 IRRIGATION ADJUSTMENT& LANDSCAPE REPAIR 5 ALLOWANCE 6 A. This item establishes contract allowance comparable to the final cost of making 7 necessary irrigation adjustment and landscape repairs required due to the project. An 8 arbitrary allowance amount has been placed in the Proposal;however, this does not 9 guarantee any payment for irrigation adjustments or landscaping repair,nor does it 10 confine irrigation adjustments or landscape repairs to the amount shown in the 11 Proposal. It shall be the Contractor's responsibility to provide the services of a licensed 12 irrigator to make the irrigation adjustments determined necessary by the City. No 13 payment will be made for irrigation or landscape repairs except those adjustments 14 determined necessary by the City. Should the Contractor damage irrigation line or 15 landscape due to his negligence,where such lines or landscapes would not have 16 required adjustment or repair otherwise,the damage shall be repaired and adjusted by 17 the Contractor at the Contractor's expense. The payment to the Contractor for irrigation 18 adjustments and/or landscape repair shall be the actual cost of the adjustments/repairs 19 plus ten percent(10%)to cover the cost of bond and overhead incurred by the 20 Contractor in handling the adjustments/repairs. 21 22 9999.0097 STORM WATER FIELD ORDER CONST.ALLOWANCE 23 A. This item establishes contract contingency allowances for unanticipated work 24 determined to be necessary in the field. Arbitrary allowance amounts have been placed 25 in the proposal,this item will not be paid to the contractor unless a field order is issued. 26 Unanticipated project changes are not limited to the value of this item. Contract changes 27 above this amount described by this allowance may be processed through a change 28 order. 29 30 31 END OF SECTION 32 Revision Log DATE NAME SUMMARY OF CHANGE 33 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999901-1 PRECAST CONCRETE RETAINING WALL Page 1 of 7 1 SECTION 99 99 01 2 PRECAST CONCRETE RETAINING WALL 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work includes furnishing and installing precast concrete segmented retaining wall 7 units to the lines and grades designated on the construction drawings and as 8 specified herein. Wall construction will be in conformance with the wall system 9 intent details shown on the plans. Wall system shall be approved by Owner and 10 Design Engineer and shall meet the minimum specifications described in this 11 Section. 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. Non-Standard Item Specification 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 3. Division 32—Exterior Improvements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Precast Concrete Retaining Wall 21 a. Measurement 22 1) Measurement for this Item shall be by the square foot of face area basis at 23 the contract unit price. Face area is defined as length of wall times height of 24 wall, Length of wall is measured along the toe of wall. Height of wall is 25 the distance projected on a vertical plane measured from the top of the 26 Leveling Pad to the top of the top wall unit. 27 2) Measurement shall include all necessary materials, labor, equipment and 28 incidentals to complete installation of the various components. 29 3) Changes to the total quantity of material will be at the contract unit price 30 bid. 31 b. Payment 32 1) Contract unit price bid for the work performed and all materials furnished 33 a) Subsidiary work and materials include: 34 (1) Furnishing and placing all materials in order to: excavate area in 35 full to install backfill material and wall units, install wall units, 36 geotextile fabric, free draining backfill, select backfill, leveling pad 37 and root zone layer of soil. 38 (2) All manipulation, labor,tools, equipment, and incidentals 39 necessary to complete the work. 40 (3) Quantities may vary from that shown on construction drawings 41 depending on existing topography. CITY OF FORT WORTH Lower Como Erosion Control Improvement! STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160`. Revised July I,2011 999901-2 PRECAST CONCRETE RETAINING WALL Page 2 of 7 1 1.3 REFERENCES 2 A. ASTM 3 1. C94 Ready-Mixed Concrete 4 2. C1372 Segmental Retaining Wall Units 5 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 6 1.5 SUBMITTALS 7 A. Submit shop drawing as described in Section 013 3 00 for approval prior to 8 construction. 9 B. Shop drawings shall include details for walls,footings, filter material and drain pipe, 10 joint material,filter fabric and other materials. 11 C. Shop drawings shall have the seal of a Texas Licensed Professional Engineer for 12 review and approval. 13 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 14 1.7 CLOSEOUT SUBMITTALS [NOT USED] 15 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 16 1.9 QUALITY ASSURANCE [NOT USED] 17 1.10 DELIVERY, STORAGE AND HANDLING 18 A. Contractor shall check the materials upon delivery to assure proper material has been 19 received. 20 B. Contractor shall prevent excessive mud,wet cement and like materials from coming 21 into contact with the SRW units. 22 C. Contractor shall protect the materials from damage. Damaged material shall not be 23 incorporated in the project.. 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS 27 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 28 2.2 PRODUCT TYPES AND MATERIALS 29 A. Wall Units 30 1. Wall units shall be made with Ready-Mixed concrete in accordance with ASTM C- 31 94, latest revision,and per the following chart: 32 33 34 CITY OF FORT WORTH Lower Como Erosion Control improvement, STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160`. Revised July 1,2011 999901-3 PRECAST CONCRETE RETAINING WALL Page 3 of 7 1 2 28 Day Climate Air Content Compressive Slump* Strength (PSI Negligible 1.5%-4.5% 4,000 5"+/- 1.5" Moderate 3.0%-6.0% 4,000 5"+/- 1.5" Severe 4.5%-7.5% 4,000 5"+/- 1.5" 3 *Higher slumps are allowed if achieved by the use of appropriate admixtures. 4 Notwithstanding anything stated above, all material used in the wall units must 5 meet applicable ASTM and local requirements for exterior concrete. 6 7 2. Exterior unit dimensions shall be uniform and consistent. Maximum dimensional 8 deviations shall be I% excluding the architectural surface. Maximum width(face 9 to back)deviation including the architectural surface shall be 1.0 inch. 10 3. Exposed face shall be finished as specified. Other surfaces to be smooth form type. 11 Dime-size bug holes on the block face may be patched and/or shake on color stain 12 can be used to blend into the remainder of the unit face. 13 4. Provide sample units indicating size, finish, color, and installation for approval. 14 B. Leveling Pad and Free Draining Backfill 15 1. Leveling pad shall be crushed stone. See detail sheet defining leveling pad options 16 for drain placement in the bottom of the foundation leveling pad. 17 2. Free Draining Backfill material shall be washed stone and shall be placed to a 18 minimum of 3.0 foot width behind the back of the wall, and shall extend vertically 19 from the leveling pad to an elevation 4"below the top of wall per ASTM No. 57 20 Standards, A 1 H:1 V minimum slope shall be used between the free draining 21 Backfill and the retained soil. 22 3. Where additional fill is needed, Contractor shall submit sample and specifications 23 to the Engineer for approval. 24 C. Drainage 25 1. Internal and external drainage shall be evaluated by the Professional Engineer 26 preparing the shop drawings, who is responsible for the final wall design. 27 D. Geotextile Fabric 28 1. 8 oz/sy nonwoven geotextile cloth shall be used between the Free Draining Backfill 29 and the retained soil as shown on the drawings. 30 2. Geotextile fabric shall be a non-woven polyester material formed into a stable 31 network by needle punching. The fabric shall be rot and mildew resistant, inert to 32 commonly encountered chemicals and hydrocarbons, and resistant to ultraviolet 33 light exposure. Fabric to be used shall be U.S. Fabrics 270 NW or approved equal. 34 3. The fabric shall conform to the following physical requirements: 35 36 37 38 CITY OF FORT WORTH Lower Como Erosion Control Improvement., STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160`. Revised July 1,2011 999901-4 PRECAST CONCRETE RETAINING WALL Page 4 of 7 1 Typical Roll Values 2 PropgM Unit Test Method Typical Value 3 Grab Strength lbs ASTM D-1682 120 4 Grab Elongation % ASTM D-1682 55 5 Trapezoid Tear Strength lbs ASTM D-1117 50 6 Puncture Resistance lbs ASTM D-3787 70 7 Muller Burst Strength psi ASTM D-3786 210 8 EOS Sieve Size COE-CW-02215 100+ 9 Coef. of Permeability,k cm/sec CFMC-GET-2 0.20 10 Water Flow Rate gal/min/sf CFMC-GET-2 285 11 12 4. The fabric shall be provided in rolls packaged with a protective covering to prevent 13 contamination of the fabric. Each roll shall be labeled to identify the production 14 run. 15 E. Root Zone Layer Of Soil 16 1. Root zone shall be minimum 12-inches of top soil following City specification 32 17 91 19 for topsoil placement and shall include hydromulching following City 18 specification 32 92 13 19 F. Select Backfill 20 1. Select backfill material shall consist of on-site or imported soils free from roots, 21 organic matter,rocks greater than 2 inches, freewater and other materials 22 deleterious to compaction.Materials from all sources shall be sp, sw,sc,gp,gw, 23 sm,or cl. Pi shall be<25 (ASTM D4318)and shall be compacted to 95%of 24 standard proctor. Soils not meeting these criteria shall not be used within a 1 to 1 25 influence area. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3- EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION 32 A. Excavation 33 1. Contractor shall excavate to the lines and grades shown on the drawings. This item 34 shall be included in the unit cost of the precast concrete retaining wall. CITY OF FORT WORTH Lower Como Erosion Control improvement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160` Revised July 1,2011 999901-5 PRECAST CONCRETE RETAINING WALL Page 5 of 7 1 2. Applicable portions of Section 01395, "Trench Safety Program", shall apply. The 2 Contractor shall submit to the Owner an Excavation Safety System design prepared 3 and sealed by a Professional Engineer licensed in the State of Texas. This design 4 shall include any special shoring or slope protection required to keep excavated 5 areas stable throughout the construction period. The Owner shall review the 6 Excavation Safety System submittal as it relates to conformance with the 7 requirements herein. The Contractor shall remain solely and completely responsible 8 for all Excavation Safety Systems and for the associated means, methods, 9 procedures and materials. 10 3. The Contractor shall be responsible for implementing the Excavation Safety System 11 Plan and for confirming that the Excavation Safety System used on the project 12 meets the requirements of this Plan. 13 B. Foundation Soil Preparation 14 1. Native foundation soil shall be compacted to 95% of standard proctor or 90% of 15 modified proctor prior to placement of the leveling pad material. 16 2. In-site foundation shall be examined by the Engineer to ensure that the actual 17 foundation soil strength meets or exceeds assumed design strength. Soil not 18 meeting the required strength shall be removed and replaced with acceptable, 19 compacted material. 20 C. Leveling Pad Placement 21 1. Leveling pad shall be placed as shown on the construction drawings. 22 2. Leveling pad shall be placed on undisturbed native soils or suitable replacement 23 fills. 24 3. Leveling pad shall be compacted to 95%of standard proctor or 90% of modified 25 proctor to establish a level, hard surface on which to place the first course of blocks. 26 Pad shall be constructed to the proper elevation, to result in the final top of wall 27 elevation shown in the construction drawings. 28 4. Leveling Pad shall have a 8 inch minimum depth. Pad dimensions shall extend 29 beyond the units in all directions to a distance at least equal to the depth of the pad 30 or as shown in drawings. 31 3.4 INSTALLATION 32 A. Walls Units And Backfill Installation 33 1. The first course of wall units shall be placed on the Leveling Pad with the 34 architectural surface facing out and front edges tight together. All units shall be 35 checked for level and alignment as they are placed. 36 2. Ensure that units are in full contact with the Leveling Pad. Proper care shall be 37 taken to develop straight lines or smooth curves on base course as per wall layout. 38 3. The backfill in front and back of the entire base row shall be placed and compacted 39 to firmly lock them in place. Check all units again for level and alignment. All 40 excess material shall be swept from the top of the units. 41 4. Suitable gravel backfill will be placed as support to the precast concrete retaining 42 toe walls. Free Draining Backfill material shall be washed stone and shall be 43 placed to a minimum of 1.0 foot width behind the back of the wall, and shall extend 44 vertically from the leveling pad to an elevation 4" below the top of wall per ASTM 45 No. 57. CITY OF FORT WORTH Lower Como Erosion Control Improvement! STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160: Revised July 1,2011 999901-6 PRECAST CONCRETE RETAINING WALL Page 6 of 7 1 5. Install next course of wall units on top of base row. Position blocks to be offset 2 from seams of units below. Units shall be placed fully forward so that knob and 3 groove are engaged. Check each block for proper alignment and level. Backfill as 4 shown in drawings beyond block with Free Draining Backfill first,followed by 5 Select backfill. Spread backfill in uniform lifts not exceeding 9 inches. Employ 6 methods using lightweight compaction that will not disrupt the stability or batter of 7 the wall. Hand-operated plate compaction equipment shall be used around the unit 8 and within 3 feet of the wall to achieve consolidation. Compact backfill to 95%of 9 standard proctor(ASTM D 698, AASHTO T-99)density within 2%of its optimum 10 moisture content. 11 6. Install each subsequent course in like manner. Repeat the procedure to the extent of 12 the wall height. 13 7. Allowable construction tolerance at the wall face is 2 degrees vertically and 1 inch 14 in 10 feet horizontally. 15 8. All wall units shall be installed in accordance with local building codes and 16 requirements. 17 B. Root Layer Over Free Draining Backfill 18 .1. The root zone layer will be placed over areas of gravel layers such as the gravel 19 backfill behind the toe protection wall. A minimum 12"root zone layer will be 20 placed over gravel backfill to provide a sufficient root zone. Geotextile fabric shall 21 be installed between the topsoil and gravel layer to prevent migration of soil into 22 gravel. Root zone layer needs to be compacted lightly(wheel rolling). 23 3.5 REPAIR/RESTORATION [NOT USED] 24 3.6 RE-INSTALLATION [NOT USED] 25 3.7 FIELD loR] SITE QUALITY CONTROL [NOT USED] 26 3.8 SYSTEM STARTUP [NOT USED] 27 3.9 ADJUSTING [NOT USED] 28 3.10 CLEANING 29 A. Waste Management 30 1. Remove sediment, debris and litter as needed. 31 3.11 CLOSEOUT ACTIVITIES 32 A. Erosion control measures remain in place and are maintained until all soil disturbing 33 activities at the project site have been completed. 34 B. Establish a uniform vegetative cover with where seeded area has 100 percent growth 35 to a height of three inches on all unpaved areas, on areas not covered by permanent 36 structures,or in areas where permanent erosion control measures(i.e. riprap,gabions, 37 or geotextiles)have been employed. CITY OF FORT WORTH Lower Como Erosion Control Improvement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160' Revised July 1,2011 999901-7 PRECAST CONCRETE RETAINING WALL Page 7 of 7 1 3.12 PROTECTION [NOT USED] 2 3.13 MAINTENANCE [NOT USED] 3 3.14 ATTACHMENTS [NOT USED] 4 END OF SECTION 5 Revision Log DATE NAME SUMMARY OF CHANGE 6 CITY OF FORT WORTH Lower Como Erosion Control Improvement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160` Revised July 1,2011 999902-1 ARTICULATING CONCRETE BLOCK REVETMENT SYSTEM Page 1 of 7 1 SECTION 99 99 02 2 ARTICULATING CONCRETE BLOCK REVETMENT SYSTEM 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The work covered by this section consists of furnishing all plant, labor, equipment, 7 and materials and performing all operations in connection with the installation of 8 articulated cellular concrete interlocking blocks in accordance with the lines, 9 grades, design, and dimensions shown on the drawings and as specified herein. 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. Non-Standard Item Specification 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 3. Division 32—Exterior Improvements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Cellular Concrete Blocks 19 a. Measurement 20 1) Measurement for this Item shall be by the square foot of cellular concrete 21 blocks installed. 22 b. Payment 23 1) Contract unit price bid for the work performed and all materials furnished 24 a) Subsidiary work and materials include: 25 (1)Furnishing, hauling and placing all materials, including geotextile 26 filter fabric required under the cellular concrete blocks, revetment 27 cables and subgrade preparation. 28 (2)All manipulation, labor,tools, equipment, and incidentals necessary 29 to complete the work. 30 1.3 REFERENCES 31 A. Main Stem—Armorflex or equal 32 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 33 1.5 SUBMITTALS 34 A. Submit product property values under provisions of Section 01 33 00 CITY OF FORT WORTH Lower Como Erosion Control Improvement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160` Revised July 1,2011 999902-2 ARTICULATING CONCRETE BLOCK REVETMENT SYSTEM Page 2 of 7 1 B. At least 30 days prior to the start of any installation of the articulated cellular concrete 2 interlocking blocks,the Contractor shall submit to the owner shop drawings for the 3 layout and details of the interlocking concrete blocks. The articulated cellular concrete 4 interlocking block layout shall be to the lines and grades shown on the drawings. The 5 shop drawings shall include layout,layout sequence,anchor details,and details for 6 grade change. 7 C. The sources,from which the Contractor proposes to obtain materials, shall be selected 8 well in advance of the time when the materials will be required in the work. Suitable 9 samples of the articulated cellular concrete blocks,and filter fabric shall be submitted to 10 the owner for approval,prior to delivery of any such material to the site of the work. 11 Unless otherwise specified,all samples shall be obtained by the Contractor and 12 delivered at his expense to a point designated by the owner at least ten(10)days in 13 advance of the time when the placing of the concrete blocks is expected to begin. 14 D. Test results documenting that the revetment system has been tested under controlled 15 flow conditions for hydraulic performance characteristics in accordance with FHWA- 16 RD-89-199,utilizing a 2:1 slope in the direction of flow. 17 E. 18 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 19 1.7 CLOSEOUT SUBMITTALS [NOT USED] 20 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 21 1.9 QUALITY ASSURANCE [NOT USED] 22 1.10 DELIVERY, STORAGE AND HANDLING 23 A. Materials delivered to the site shall be inspected for damage,unloaded and stored with 24 the minimum of handling. Materials shall be kept free of dirt and debris. 25 B. Materials shall be handled in such a manner as to ensure delivery to the site in sound, 26 undamaged condition. Synthetic geotextiles that are not to be installed immediately 27 shall be protected from the direct sunlight and in accordance with manufacturer's 28 recommendations. 29 1.11 FIELD [SITE] CONDITIONS [NOT USED] 30 1.12 WARRANTY [NOT USED] 31 PART 2- PRODUCTS 32 2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIED PRODUCTS [NOT USED] 33 2.2 PRODUCT TYPES AND MATERIALS 34 A. Articulated cellular concrete blocks 35 1. Shall have positive interlock with adjacent blocks. The Owner or his Engineer 36 reserves the right to accept or reject any proposed equal cellular concrete block 37 system for any reasons including but not limited to previous performance record, 38 appropriate and applicable testing,hydraulic performance characteristics and 39 qualified technical support. CITY OF FORT WORTH Lower Como Erosion Control Improvement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160`. Revised July 1,2011 999902-3 ARTICULATING CONCRETE BLOCK REVETMENT SYSTEM Page 3 of 7 1 2. CONCRETE shall conform to ACI requirements for normal weight concrete and 2 shall have a minimum compressive strength of 4,000 psi at twenty(28)days. 3 3. AGGREGATE shall meet the requirements of ASTM C 33. Aggregate grading 4 shall be reasonably consistent and shall be well graded from the maximum size, 5 which can be conveniently handled with available equipment. 6 4. CELLULAR CONCRETE BLOCKS shall be either wet cast using concrete as 7 specified herein, or formed by a vibratory block-forming machine. In the latter 8 case,testing of the concrete shall be conducted on 2-inch cubes cut from the core of 9 the sample cellular concrete block. Compressive strength testing shall be done in 10 general accordance with ASTM C 140, with one(1)cube tested at seven (7)days, 11 and two(2)cubes test at twenty-eight(28)days. 12 B. Revetment Cable and Fittings 13 1. Option 1- Polyester Revetment Cable and Fittings 14 a. Revetment cable shall be constructed of high tenacity, low elongating, and 15 continuous filament polyester fibers. Cable shall consist of a core construction 16 comprised of parallel fibers contained within an outer jacket or cover. The 17 weight of the parallel core shall be between 65%to 70% of the total weight of 18 the cable. The revetment cable shall have the following physical properties: 19 Polyester Cable 20 21 Nominal Cable Dia. Approx. Ave. Strength Weight per Length 22 (in.) (Lbs) (kN) (Lbs)1/100ft (kg/m) 23 1/4 3,000 13.3 2.2 0.03 24 5/16 7,000 31.1 1 4.4 0.07 25 3/8 10,000 44.5 5.5 0.08 26 1/2 15,000 66.7 9.7 0.14 27 28 b. Elongation requirements specified below are based upon stabilized new, dry 29 cable. Stabilization refers to a process in which the cable is cycled fifty(50) 30 times between a load corresponding to 200D2 and a load equal to 10%, 20% or 31 30%of the cable's approximate average breaking strength. Relevant 32 elongation values are as shown in the table below. The tolerance on these 33 values is + 5%. 34 ELASTIC ELONGATION 35 at Percentage of Break Strength 36 37 10% 20% 30% 38 0.6 1.4 2.2 39 40 c. The revetment cable shall exhibit resistance to most concentrated acids, alkalis 41 and solvents. Cable shall be impervious to rot,mildew and degradation 42 associated with marine organisms. The materials used in the construction of 43 the cable shall not be affected by continuous immersion in fresh or salt water. CITY OF FORT WORTH Lower Como Erosion Control Improvement, STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160` Revised July 1,2011 999902-4 ARTICULATING CONCRETE BLOCK REVETMENT SYSTEM Page 4 of 7 1 d. Selection of cable and fittings shall be made in a manner that insures a safe 2 design factor for mats being lifted from both ends,thereby forming a catenary. 3 Consideration shall be taken for the bending of the cables around hooks or pins 4 during lifting. Revetment cable splicing fittings shall be selected so that the 5 resultant splice shall provide a minimum of 60%of the minimum rated cable 6 strength. Fittings such as sleeves and stops shall be aluminum and washers 7 shall be galvanized steel unless otherwise shown on the Contract Drawings. 8 2. Option 2- Galvanized Steel Revetment Cable and Fittings 9 a. Revetment cable shall be constructed of preformed galvanized aircraft cable. 10 The cables shall be made from individual wires and strands that have been 11 formed during the manufacture into the shape they have in finished cable.Cable 12 shall consist of a core construction comprised of seven(7)wires wrapped 13 within seven(7)or nineteen(19)wire strands. The revetment cable shall have 14 the following physical properties: 15 Galvanized Cable Nominal Approx.Ave. Weight per Length Cable Dia. Type Strength (in.) (Lbs) (kN) 72.8 s)/100ft E 1/8 7x7 1,700 7.5 3/16 7x7 3,700 16.4 6.2 1/4 7x7 6,100 27.1 10.6 5/16 7x19 9,800 43.6 17.3 0.26 3/8 7x19 1 14,400 64.1 24.3 0.36 16 17 b. The revetment cable shall exhibit resistance to mild concentrations of acids, 18 alkalis,and solvents. Fittings such as sleeves and stops shall be aluminum,and 19 the washers shall be galvanized steel.Furthermore,depending on material 20 availability,the cable type(70 or 7x19)can be interchanged while always 21 ensuring the required factor of safety for the cable. 22 23 3. Selection of cable and fittings shall be made in a manner that insures a safe design 24 factor for mats being lifted from both ends,thereby forming a catenary. 25 Consideration shall be taken for the bending of the cables around hooks or pins 26 during lifting. Revetment cable splicing fittings shall be selected so that the 27 resultant splice shall provide a minimum of 75%of the minimum rated cable 28 strength. 29 C. Filter Fabric 30 1. The geotextile filter shall meet the minimum physical requirements listed in the 31 following table Consultation with the manufacturer is recommended): Physical Property Test Procedure Minimum Value Grab Tensile Strength ASTM D4632 200 Lbs. (in any principal direction) Breaking Elongation ASTM D4632 50% max. (in any principal direction) CITY OF FORT WORTH Lower Como Erosion Control Improvement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160` Revised July 1,2011 999902-5 ARTICULATING CONCRETE BLOCK REVETMENT SYSTEM Page 5 of 7 Burst Strength ASTM D3786 400 p.s.i Puncture Strength ASTM D4833 115 lbs. A.O.S., U.S. Std. Sieve ASTM D4751 see Design Manual %Open Area CWO-22125-86 See Design Manual Permittivity ASTM D4491 See Design Manual 1 2 2. The geotextile must be permitted to function properly by allowing relief of 3 hydrostatic pressure;therefore fine soil particles shall not be allowed to clog the 4 filter fabric. 5 6 3. The geotextile fiber shall consist of a long-chain synthetic polymer composed of at 7 least 85 percent by weight of propylene,ethylene, ester, or amide, and shall contain 8 stabilizers and/or inhibitors added to the base plastic, if necessary,to make the 9 filaments resistant to deterioration due to ultraviolet and heat exposure. The edges 10 of the geotextile shall be finished to prevent the outer fiber from pulling away from 11 the geotextile. 12 13 4. The Contractor shall furnish the Engineer, in duplicate, manufacturer's certified test 14 results showing actual test values obtained when the physical properties are tested 15 for compliance with the specifications. 16 17 5. During all periods of shipment and storage, the filter fabric shall be protected from 18 direct sunlight,ultraviolet rays and temperatures greater than 140 degrees 19 Fahrenheit. To the extent possible,the fabric shall be maintained wrapped in its 20 protective covering. The geotextile shall not be exposed to sunlight, ultraviolet rays 21 until the installation process begins. 22 23 D. Design Requirements. 24 1. The weight,roughness and permeability of the concrete block shall withstand water 25 flow at the required design capacity. The weight of the block shall have the 26 following minimum requirements: 27 a) 301bs/square foot 28 b) 10-inches minimum in length and width 29 c) 4.5 inches minimum in height 30 2. The assembled block system shall have eighteen(18)to twenty(20)percent open 31 area to be achieved by penetrations within the block for open cell applications. 32 3. STRUCTURAL GROUTING shall be required where gaps in the concrete system 33 occur. Any surface where the clear span between blocks is 3 inches,or greater shall 34 be grouted. Grouting shall be with normal weight concrete conforming to ACI 35 requirements,and shall have a minimum compressive strength of 4,000 psi at 36 twenty-eight(28)days. CITY OF FORT WORTH Lower Como Erosion Control Improvement" STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160` Revised July 1,2011 999902-6 ARTICULATING CONCRETE BLOCK REVETMENT SYSTEM Page 6 of 7 1 4. FILTER FABRIC for the cellular concrete blocks shall be in accordance with the 2 manufacturer's recommendations,and shall be sized appropriately for the soil 3 conditions present. 4 5 2.3 ACCESSORIES [NOT USED] 6 2.4 SOURCE QUALITY CONTROL [NOT USED] 7 PART 3- EXECUTION 8 3.1 INSTALLERS [NOT USED] 9 3.2 EXAMINATION [NOT USED] 10 3.3 PREPARATION 11 A. Areas on which filter fabric and cellular concrete blocks are to be placed shall be 12 constructed to the lines and grades shown on the drawings. The subgrade for the 13 cellular concrete blocks shall be free of voids,pits,or depressions and shall be proof- 14 rolled to a minimum of 90%of the ASTM D 698 density. Voids,pits or depressions 15 shall be brought to grade by backfilling in accordance with the applicable portions of 16 the project specifications. 17 B. All obstructions, such as roots and projecting stones larger than one(1) inch remaining 18 on the surface, shall be removed and all of the soft or low density pockets of material 19 removed must be filled with selected material and compacted to a minimum of 90%of 20 the ASTM D 698 density. 21 C. Excavation and preparation for anchor trenches, side trenches,and toe trenches or 22 aprons shall be done in accordance to the lines,grades and dimensions shown on the 23 drawings. 24 D. Immediately prior to placing the filter fabric and cellular concrete blocks,the prepared 25 area shall be inspected by the owner's representative and approval obtained before any 26 fabric or mattresses are placed thereon. 27 3.4 INSTALLATION 28 A. Install per manufacturer's written instructions. 29 B. Cellular Concrete Blocks shall be placed within the limits shown on the drawings. The 30 cellular concrete blocks shall be placed on the filter fabric in such a manner as to 31 produce a relatively planar surface. No more than 200 linear feet of filter fabric shall be 32 laid before being covered with concrete mattresses,and any fabric installed more than 33 two(2)days shall be lifted and the surface of the slope inspected for any slope defects. 34 The owner may require any uncovered fabric to be lifted after heavy rainfall to inspect 35 for slope damage. Final acceptance and approval of the installation will be made by the 36 owner. The Contractor shall hold the owner harmless from liability of any kind arising 37 from the use of any patented or non-patented invention used in the performance of this 38 work. CITY OF FORT WORTH Lower Como Erosion Control Improvement-4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160` Revised July 1,2011 999902-7 ARTICULATING CONCRETE BLOCK REVETMENT SYSTEM Page 7 of 7 1 C. Filter Fabric shall be installed in accordance with the manufacturer's recommendations, 2 and as stated elsewhere herein. Adjacent layers of filter fabric shall have a minimum of 3 two feet of overlap. Fabric shall be secured with 6" x 1"x 6" steel pins prior to 4 placement of cellular concrete mattresses. 5 D. The voids of the cellular concrete blocks, for the limits shown on the drawings, shall be 6 filled with flexible base or crushed gravel. 7 3.5 REPAIR/RESTORATION [NOT USED] 8 3.6 RE-INSTALLATION [NOT USED] 9 3.7 FIELD IoR] SITE QUALITY CONTROL [NOT USED] 10 3.8 SYSTEM STARTUP [NOT USED] 11 3.9 ADJUSTING [NOT USED] 12 3.10 CLEANING 13 A. Waste Management 14 1. Remove sediment, debris and litter as needed. 15 3.11 CLOSEOUT ACTIVITIES 16 A. Erosion control measures remain in place and are maintained until all soil disturbing 17 activities at the project site have been completed. 18 3.12 PROTECTION [NOT USED] 19 3.13 MAINTENANCE [NOT USED] 20 3.14 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 Revision Log DATE NAME SUMMARY OF CHANGE 23 CITY OF FORT WORTH Lower Como Erosion Control Improvement! STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0160` Revised July 1,2011 999903-1 SLOPE STABILIZATION MAT Page I of 12 1 SECTION 99 99 03 2 SLOPE STABILIZATION MAT 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. The work for this section shall consist of furnishing all materials, equipment, and labor 6 necessary for the installation of an Anchor Reinforced Vegetation System as a structural 7 slope stability and/or slope protection solution. 8 9 1.2 PRICE AND PAYMENT PROCEDURES 10 A. Measurement and Payment 11 1. By the square meter(or square yard-as indicated in contract documents) including 12 seams, overlaps, anchor trenches, and wastage. 13 B. Basis of Payment 14 1. By the square meter(or square yard-as indicated in contract documents) installed. 15 1.3 DEFINITIONS 16 A. Anchor Reinforced vegetation System (ARVS): A soil protection system combining a 17 High Performance Turf Reinforcement Mat(HPTRM,), Securing Pins, and Earth 18 Percussion Anchors. The system protects soil surfaces from two failure mechanisms: 19 surface erosion (non-structural applications)and shallow plane instability(structural 20 applications). 21 B. Certificate of Analysis (COA): An official document certified by an authorized 22 representative within the manufacturer's company that the manufactured synthetic turf 23 reinforcement mat product(s)comply with the testing procedures and requisite results 24 expressly stated within the Manufacturing Quality Control (MQC) program 25 C. Certificate of Conformance (COC): An official document certified by an authorized 26 representative within the manufacturer's company that the manufactured synthetic turf 27 reinforcement mat product(s)meet designated property values as manufactured in a 28 facility having achieved ISO 9001:2000 certification,and tested in accordance with 29 GAI-LAP procedures. 30 D. High Performance Turf Reinforcement Mat (HPTRM): A long-term, non-degradable 31 RECP composed of UV-stabilized, non-degradable, synthetic fibers, nettings and/or 32 filaments processed into three-dimensional reinforcement matrices designed for 33 permanent and critical hydraulic applications where design discharges exert velocities 34 and shear stresses that exceed the limits of mature natural vegetation. HPTRMs provide 35 sufficient thickness, strength and void space to permit soil filling and/or retention and 36 the development of vegetation within the matrix. The HPTRM MARV tensile strength 37 per ASTM D-6818 is 3000 Ibs/ft in the weakest principle direction. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999903-2 SLOPE STABILIZATION MAT Page 2 of 12 1 E. Manufacturer: Entity that produces synthetic turf reinforcement mats through a process 2 directly utilizing obtained raw materials,in a facility owned and operated by said entity, 3 using equipment and assemblies owned and operated by said entity, subject to a 4 certified Manufacturing Quality Control(MQC)Program.Upon completion of 5 production,the manufacturer may sell the turf reinforcement mat product(s)directly to 6 the customer,or through a vendor entity. 7 F. Manufacturing Quality Control(MQC)Program: A certified and documented program 8 initiated and operated by the manufacturer that outlines the operational techniques and 9 activities which sustain a quality of the synthetic turf reinforcement mat product(s)that 10 will satisfy given needs. 11 G. Minimum Average Roll Value (MART): Property value calculated as typical minus two 12 standard deviations. Statistically, it yields a 97.7 percent degree of confidence that any 13 sample taken during quality assurance testing will exceed value reported. 14 H. Percussion Driven Earth Anchor(PDEA):A device designed to permanently stabilize 15 soil via a metal cleat,flexible or rigid tendon,and load bearing plate.The anchor is 16 driven through the 14PTRM to the specified depth,and then tensioned appropriately to 17 load-lock for desired pull-out resistance. 18 I. Rolled Erosion Control Product(RECP):A temporary degradable or long-term non- 19 degradable material manufactured or fabricated into rolls designed to reduce soil 20 erosion and assist in the growth,establishment and protection of vegetation. 21 J. Securing Pin: A device designed to temporarily hold the HPTRM in place while either 22 vegetation establishes,or the installation of the HPTRM occurs. The securing pin 23 offers no long term value to permanent tie-down of the HPTRM in an ARVS. 24 K. Trilobal Monofilament Yarn:A multi-dimensional polymer fiber consisting of a 25 minimum of three points,providing increased surface area and grooves/channels along 26 the fiber to capture additional moisture and sediment to enhance vegetative growth. 27 L. Typical Roll Value: Property value calculated from average or mean obtained from test 28 data. 29 M. Vendor: An entity that provides synthetic turf reinforcement mat product(s)to a 30 customer,on behalf of an independent manufacturer.A vendor does not manufacture 31 the actual synthetic turf reinforcement mat product(s),and therefore is not subject to 32 provisions of a certified MQC Program. 33 34 1.4 SUBMITTALS 35 A. Submit under provisions of Section 0133 00 36 1. Certification: 37 a. The Contractor shall provide the Engineer a certificate of conformance stating 38 the name of the HPTRM manufacturer,product name,style,chemical 39 compositions of filaments or yarns and other pertinent information to fully 40 describe the HPTRM. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999903-3 SLOPE STABILIZATION MAT Page 3 of 12 1 b. The Manufacturer is responsible for establishing and maintaining a Quality 2 Control Program to assure compliance with the requirements of the 3 specification. Documentation describing the quality control program shall be 4 made available prior to the approval of the ARVS System for use on the 5 project. 6 c. The manufacturer's certificate of analysis shall state that the furnished HPTRM 7 meets MARV requirements of the specification as evaluated under the 8 manufacturer's quality control program. The certificate shall be attested to by a 9 person having legal authority to bind the Manufacturer. 10 d. The Contractor shall establish and maintain a quality control procedure to 11 assure compliance of the ARVS with the requirements of the specification. 12 Documentation describing the quality control procedure shall be provided to the 13 Engineer. 14 2. Manufacturing Quality Control (MQC)test results shall be provided by the 15 manufacturer for the HPTRM component of the ARVS prior to installation during 16 the duration of the project as material is delivered to the jobsite. 17 3. Primary Anchor Testing 18 a. Prior to installation,the contractor shall perform baseline establishment testing 19 for primary anchor holding capacity at each discrete area of ARVS. 20 b. Baseline establishment testing shall consist of installing one (1) primary PDEA 21 at a location designated by the engineer, setting the anchor at an appropriate 22 embedment depth, and loading the anchor under constant tension. 23 c. Baseline establishment testing shall consist of installing one(1)primary PDEA 24 at a location designated by the engineer, setting the anchor at an appropriate 25 embedment depth, and loading the anchor under constant tension. 26 d. Loads shall be recorded at tendon displacements of every 25 mm (1 inch), until 27 a load cannot be sustained (indicating impending pull-out), or displacement 28 beyond a minimum embedment as specified by the engineer has been achieved. 29 e. The baseline establishment test results shall be forwarded to the engineer by the 30 contractor, and reviewed by the manufacturer. Prior to commencing full 31 installation, the engineer must inform the contractor in writing of sufficient 32 holding capacity demonstrated by the test. 33 f. Along with written confirmation of holding capacity, the engineer shall also 34 inform the contractor(in writing)of a frequency of additional quality control 35 load testing to be performed during the installation. 36 g. Should any subsequent quality control load testing results fall below a specific 37 tolerance required by the engineer,then the contractor shall cease installation 38 immediately until such time that the engineer has consulted with the 39 manufacturer to develop a corrective action plan. 40 4. Independent Performance Test Results shall be provided upon request. 41 1.5 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 42 1.6 CLOSEOUT SUBMITTALS [NOT USED] 43 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 44 1.8 QUALITY ASSURANCE 45 A. HPTRM shall be subject to sampling and testing to verify conformance with this 46 specification. Sampling for testing shall be in accordance with ASTM D 4354. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999903-4 SLOPE STABILIZATION MAT Page 4 of 12 1 B. Acceptance shall be in accordance with ASTM D 4759 based on testing of either 2 conformance samples obtained using Procedure A of ASTM D 4354,or based on 3 manufacturer's certifications and testing of quality control samples obtained using 4 Procedure B of ASTM D 4354. 5 C. Quality Assurance Sampling and Testing will be waived for ISO 9001:2000 Certified 6 Manufacturing Facilities. Documentation of ISO 9001:2000 Certification shall be 7 provided upon request. 8 1.9 DELIVERY,STORAGE,AND HANDLING 9 A. HPTRM labeling,shipment and storage shall follow ASTM D 4873. 10 B. Product labels shall clearly show the manufacturer or supplier name, style name,and 11 roll number. 12 C. Each shipping document shall include a notation certifying that the material is in 13 accordance with the manufacturer's certificate. 14 D. Each HPTRM roll shall be wrapped with a material that will protect the geotextile from 15 damage due to shipment,water, sunlight,and contaminants. (This will be waived for 16 HPTRMs having a 90%retention of strength after 6000 hours of exposure per ASTM 17 D-4355.) 18 E. The protective wrapping shall be maintained during periods of shipment and storage. 19 F. During storage,HPTRM rolls shall be elevated off the ground and adequately covered 20 to protect them from the following: Site construction damage,extended exposure to 21 ultraviolet(UV)radiation,precipitation,chemicals that are strong acids or strong bases, 22 flames,sparks,temperatures in excess of 71 deg C(160 deg F)m and any other 23 environmental condition that might damage the HPTRM. 24 1.10 FIELD [SITE] CONDITIONS [NOT USED] 25 1.11 WARRANTY [NOT USED] 26 PART 2- PRODUCTS 27 2.1 MANUFACTURERS 28 A. All components of the ARVS shall be furnished by a single manufacturer as a complete 29 system. 30 B. Approved ARVS Manufacturers: 31 1. Propex Operating Company,LLC 32 1110 Market Street, Suite 300 33 Chattanooga,TN 37402 34 (800)621-1273 35 C. Alternative ARVS Manufacturers: CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999903-5 SLOPE STABILIZATION MAT Page 5 of 12 1 1. For consideration, alternate systems meeting the material specification must also 2 have a documented history of ARVS installations totaling more than 10,000 square 3 yards and have been in the marketplace for more than three(3)years. Past project 4 documentation will be required for submittal for evaluation to include project name, 5 date of installation, owner's contact information, and a description of the structural 6 mechanisms used to provide engineered slope stability, along with engineering 7 calculations/submittals to support. 8 2. Additionally, if an ARVS manufactured by an entity other than those listed above, 9 the alternative ARVS manufacturer shall be responsible for providing an 10 engineered solution for slope reinforcement, considering both sliding shallow plane 11 instabilities, as well as global rotational failure potential. The following 12 documentation shall be provided to support the slope reinforcement design for the 13 alternative engineered solution: 14 a. Overall ARVS Design Methodology 15 b. Input Parameters 16 c. Calculations/ModelOutput 17 d. Anchor Strength 18 e. Anchor Length 19 f. Anchor Spacing(vertical & horizontal spacing) 20 g. Factor of Safety to support the slope reinforcement design; with the conditions 21 analyzed and documented for the proposed project 22 h. HPTRM and PDEA Sample 23 3. For pre-approval of alternative ARVS manufacturers on this project, all products 24 and documentation described above shall be submitted for review and approval no 25 later than 10 days prior to the bid date. 26 2.2 MATERIALS 27 A. HPTRM: 28 1. Three-dimensional, lofty woven polypropylene RECP specially designed for 29 erosion control applications on levees, steep slopes, and vegetated waterways. 30 2. Matrix composed of Trilobal monofilament yarns woven into uniform configuration 31 of resilient pyramid-like projections that minimize watering requirements while 32 enhancing vegetation establishment. 33 3. Must be a homogeneous matrix, and not comprised of layers, composites, or 34 discontinuous materials, or otherwise loosely held together by stitched or glued 35 netting. 36 4. The woven matrix of Trilobal yarns must be heat-set to improve interlock and 37 minimize yarn displacement around anchors and pins,which also results in greater 38 flexibility for improved conformance to uneven surfaces. 39 5. Material is to exhibit very high interlock and reinforcement capacity with both soil 40 and root systems and demonstrate high tensile modulus. 41 6. The HPTRM should meet the following values: (see table next page) 42 43 44 45 46 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999903-6 SLOPE STABILIZATION MAT Page 6 of 12 Property Test Method Test Parameters Units Property Requirement Mass Per Unit Area' ASTM D-6566 Minimum /d2 4575 10 m .2 Thickness ASTM D-6525 Minimum mm (0. .2 Lo/o ight Penetration ASTM D-6567 Maximum percent 15 Passing) Tensile Strength t ASTM D-6818 Minimum kN/m 58.4 x 43.8 lb/ft 4,000 x 3,000) Tensile Elongation ASTM D-6818 Maximum percent 40 x 35 Resiliency 1 ASTM D-6524 Minimum percent 80 3 mg-cm 615,000 Flexibility ASTM D-6575 Maximum in-lb 0.534 UV Resistance 2 ASTM D-4355 Minimum percent 90 at 6000 hrs 1 Note: 2 1 Minimum Average Roll Value(MARV). 3 2 Typical Value 4 3 A smaller value for flexibility denotes a more flexible material. 5 6 7. Performance Properties: In a vegetated state,the HPTRM must demonstrate 7 acceptable performance(as defined by the Engineer)when subjected to at least 0.5 8 hrs of continuous flow producing the following conditions. 9 a. Permissible velocity: 7.6 m/sec(25 ft/sec) 10 b. Permissible tractive force(shear stress): 0.766 kPa(16 psf) 11 c. Performance may be demonstrated by: 12 1) Flume testing at an independent facility under conditions similar to this 13 project provided that the manufacturer can demonstrate that the material 14 tested is functionally equivalent to the material being supplied. This may 15 be demonstrated by providing index property test results(listed in 2.2.A.4) 16 from a GAI-LAP accredited laboratory for both the tested and supplied 17 materials. 18 2) A documented case history of successful performance(as defined by the 19 Engineer)at an installation similar to this project where(documented) 20 hydraulic forces met or exceeded the requirements listed above provided 21 that the manufacturer can demonstrate that the case history material is 22 functionally equivalent to the material being supplied. This may be 23 demonstrated by providing index property test results(listed in 2.2.A.4) 24 from a GAI-LAP accredited laboratory for both the case history and 25 supplied materials. 26 8. Manufacturing Quality Control: Testing shall be performed at a laboratory 27 accredited by GAI-LAP for tests required for the HPTRM,at frequency exceeding 28 ASTM D-4354,with following minimum acceptable testing frequency: 29 (see table next page) 30 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999903-7 SLOPE STABILIZATION MA7' Page 7 of 12 Property Test Frequency p y m 2(yd 2) Mass Per Unit Area 1/10,974(1/13,125) Thickness 1/10,974(1/13,125) Light Penetration 1/10,974(1/13,125) Passing) ' Tensile Strength 1/10,974(1/13,125) Tensile Elongation 1/10,974(1/13,125) Resiliency 1/30,727(1/36,750) Flexibility 1/30,727(1/36,750) UV Resistance Annually 1 2 3 2.3 ANCHORING DEVICES 4 A. Securing Pins 5 1. Securing pins should be at least 5 mm (0.20 in.)diameter steel with a 38 mm (1.5 6 in.) steel washer at the head of the pin. Securing pins should be driven flush to the 7 soil surface. 8 2. Length: 300 to 600 mm (12 to 24 inches); sufficient ground penetration to resist 9 pullout. 10 3. Placement: The pins provide for temporary tie-down of the HPTRM to the slope to 11 aid with vegetation establishment. Locations of the pins along trenches are 12 indicated in the drawings at the center of the 0.3 m x 0.3 m (1 ft x 1 ft)trench spaced 13 0.3 in (1 ft)apart. Locations of the pins along the vertical overlaps are spaced 0.3 14 m (1 ft) apart. HPTRM rolls wider than 3.2 m (10.5 ft) must not have a pin spacing 15 greater than 0.45 m (1.5 ft) in any direction to minimize wrinkling of the material 16 common to wide roll width geosynthetics and the loss of intimate contact beneath 17 the HPTRM. 18 4. Heavier metal stakes may be required in rocky soils 19 5. Depending on soil pH and design life of the pin, galvanized or stainless steel pins 20 may be required. 21 B. Primary PDEA: 22 1. Primary PDEAs with a minimum drive depth specified by the design engineer are 23 used to provide for structural slope stability reinforcement as shown in the 24 drawings. 25 2. The Primary PDEA components shall be made of materials suitable to resist 26 corrosion and UV degradation particularly at the soil/air interface, and strategically 27 selected to achieve an expected design life of 50 years. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999903-8 SLOPE STABILIZATION MAT Page 8 of 12 1 3. The load bearing plate shall be of sufficient size to resist forces acted upon by the 2 tensioned anchor. 3 4. Primary PDEAs shall meet the following requirements: 4 Component Standard(s) Material Composition Physical Properties Anchor Head Zinc Alloy(ZA 2) Corrosion resistant ASTM B-240-10 5.0 in.x 1.62 in.x 1.23 in. pressure die cast zinc (L x W x H) alloy. Lower Termination Aluminum ferrule Length: 17.46mm(11/16") N/A MS51844 Wall Thickness: 9.53mm 3/8 Zinc-Aluminum Coated Carbon Steel 4mm(5/32")diameter 1x19 strand Corrosion resistant Cable Tendon ASTM A-1023 Zinc-Aluminum Wire Tendon 6FT zinc-aluminum coated cable. Mild Steel Zinc Plated Corrosion resistant Top Accessory ASTM A366 Diameter: 108mm(6.29in) zinc plated steel. Bearing Plate Plastisol Coating Thickness:3.25mm(0.125in) Coated with Plastisol. Corrosion resistant pressure die cast zinc Zinc Alloy alloy.Utilizing a Top Termination ZA 2 Diameter: 35mm(1.37x1.37in) multiple point of Thickness:2.Smm(O.lin) ASTM B-240-10 contact ceramic roller L_ I I I &directional locking device. 5 6 5. Performance 7 Performance Property Value Anchor&Cable Assembly Ultimate Strength* 11.57 kN(2.6 Kips) Anchor Weight 0.182 kg(0.401 lbs) Anchor Head Bearing Area 3,871 mm2(6.0 in) 8 9 ***OR*** 10 11 C. Primary PDEA: 12 1. Primary PDEAs with a minimum drive depth specified by the design engineer are 13 used to provide for structural slope stability reinforcement as shown in the 14 drawings. 15 2. The Primary PDEA components shall be made of materials suitable to resist 16 corrosion and W degradation particularly at the soil/air interface,and strategically 17 selected to achieve an expected design life of 50 years. 18 3. The anchor head shall be ductile iron(per ASTM A536-84)with rotating shackle 19 and rivet pin,all finished with a hot dip galvanization. CITY OF FORT WORTH Lower Como Erosion Control improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999903-9 SLOPE STABILIZATION MAT Page 9 of 12 1 4. The load bearing plate shall be of sufficient size(not less than 4 in. (102mm)wide 2 and 6 in. (152mm) long)to resist forces acted upon by the tensioned anchor. 3 5. The anchor head shall be connected to the load bearing plate by %"diameter(12.7 4 mm)zinc-plated steel threaded rods(couple as necessary to achieve desired 5 embedment depth),and secured using a zinc-plated steel washer and nut. 6 6. Primary PDEAs shall meet the following requirements: 7 Component Standard(s) Material Composition Physical Properties Width:45 mm(1.75in.) Anchor Head ASTM A-536-84 Ductile Iron,Hot Dip Galvanized per Length: 159 mm(6.25 in.) BS-729 Bearing Area:64.5 CM2(10 in 2) Weight: 953 grams 2.1 lb.). Rivet Pin ASTM A-153 Hot Dip Galvanized Steel Ultimate Tensile Strength of 50ksi;Min. Tensile Elongation of 15% Shackle Casting ASTM A-153 Hot Dip Galvanized Investment Cast Ultimate Tensile Strength of 10,000 lb Steel 1008-1020 45kN ;Min.Tensile Elongation of 15% Diameter: 12.7 mm(0.5 in.) Threaded Tendon ASTM B-633 Zinc-plated Steel Ultimate Tensile Strength of 10,000 lb 45kN ;Min. Tensile Elon ation of 12% Flush Spreader(Load ASTM A-653/ Min. Width: 102 mm(4 in.) Bearing)Plate 653M Galvanized Sheet Steel Min. Length: 152 mm 6 in. Washer,Nut,Couplers ASTM B-633 Zinc-plated Steel Ultimate Tensile Strength of 10,000 lb(45 ,Min.Tensile Elon ation of 12% 8 9 7. Performance 10 Performance Property Value Anchor Assembly Working Load Strength 30.25 kN(6.8 Kips) Anchor Assembly Yield Strength 33.36 kN(7.5 Kips) Composite Anchor Load Strength* 4.0 kN to 13.34 kN(0.9 to 3.0 Kips) Minimum Anchor Drive Depth 1.82 in(6.Oft.) Maximum Anchor Drive Depth 5.5 in(18.0 ft.) 11 *Anchor performance is a function of in situ soil strength and therefore the load 12 range in this specification should be regarded as a guide only. Site specific soil 13 conditions shall be evaluated by a licensed geotechnical engineer to determine the 14 anchor type,depth,and pattern to resist slope instability. Pre construction pull tests 15 may be recommended. 16 D. Secondary PDEAs: 17 1. Secondary PDEAs with a minimum drive depth of 36 inches are used to provide for 18 permanent tie down of the HPTRM in locations specified in the drawings. 19 2. The Secondary PDEA components shall be made of materials suitable to resist 20 corrosion and UV degradation particularly at the soil/air interface,and strategically 21 selected to achieve an expected design life of 50 years. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999903-10 SLOPE STABILIZATION MAT Page 10 of 12 1 3. The anchor head shall have smooth edges and shaped in a bullet like configuration 2 with the driving end tapering to a rounded point,minimizing abrasion and 3 installation damage to the ffPTRM. 4 4. The top load bearing plate shall have openings allowing vegetative growth through 5 the plate and protrude only about 0.2 inches above the surface of the mat after 6 installation.The plate shall also include a recessed cavity so that the cable can be 7 cut below the plate surface. 8 5. For quality control purposes and warranty claims, Secondary PDEAs should be 9 delivered to the jobsite fully assembled and ready for installation,and meet the 10 following requirements: 11 Component Standards Material Composition Physical Properties Width:25mm(1.0in.) Anchor Head ASTM B-85 Aluminum A383 Alloy Length: 84mm(2.3in.) z (Bullet Nose) (Gravity Die Cast) Bearing Area:l6cm (1.5in) Weight:45 ams 0.1 lb.). Cable Tendon ASTM A-1023 Zinc-Aluminum Coated Diameter: 3mm(0.12 in.) Carbon Steel 1X19 Strand Construction Die Cast Zinc with an Eight(8) Load Bearing Plate ASTM B-240-10 Opening Array;Utilizing a Diameter: 108mm(4.25 in.) Ceramic Roller&Directional Thickness:2.5mm(0.1in.) Locking Device Length: 15.875mm(5/8")in Tendon Sleeves MS51844 Zinc-Aluminum Wall Thickness:4.8mm (3/16" 12 13 14 6. Performance 15 Performance Property Value Cable Tendon Working Load Strength 3.56 kN(0.8 Kips) Cable Tendon Yield Strength 4.89 kN(1.1 Kips) Composite Anchor Load Strength* 2.22 kN(0.5 Kips) Minimum Anchor Drive Depth 0.91m(3.Oft.) Maximum Anchor Drive Depth 1.52m(5.0 ft.) 16 *Anchor performance is a function of in situ soil strength and therefore the load 17 range in this specification should be regarded as a guide only. Site specific soil 18 conditions shall be evaluated by a licensed geotechnical engineer to determine the 19 anchor type,depth,and pattern to resist slope instability. Pre construction pull tests 20 may be recommended. 21 22 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999903-11 SLOPE STABILIZATION MAT Page I 1 of 12 1 2 PART 3 - EXECUTION 3 3.1 PREPARATION 4 A. Grade and compact areas to be treated with ARVS (compacted as indicated or as 5 directed by Engineer). Subgrade shall be uniform and smooth. 6 B. Remove large rocks, soil clods,vegetation, and other sharp objects so that the installed 7 mat will have direct contact with the soil surface. 8 C. Prepare seedbed by loosening 50 to 75 mm(2 to 3 in)of soil above final grade. This 9 may be accomplished with a rotary tiller on slopes 3H:1 V or flatter. 10 D. Select and apply soil amendments, fertilizer, and seed (if applicable),(in an amount 11 equivalent to 50%of the total mixture required to be installed on the soil surface) in 12 accordance with Section 32 92 19 SEEDING AND SODDING, to scarified surface 13 prior to installation of ARVS. Do not mulch areas where mat is to be placed. 14 E. Keep areas moist as necessary to establish vegetation. When watering seeded areas, use 15 fine spray to prevent erosion of seeds or soil. If as a result of rain, prepared seedbed 16 becomes crusted or eroded,or if eroded places, ruts, or depressions exist for any reason, 17 rework soil until smooth and reseed such areas. 18 F. Excavate a Crest of Slope(COS)trench 300 mm(12 in.)wide by 300 mm (12 in.)deep, 19 a minimum of 900 mm(3 ft.)over the crest of the slope. Excavate a Toe of Slope 20 JOS)trench 300 mm(12 in.)wide by 300 mm(12 in.)deep, a minimum of 900 mm (3 21 ft.)past the toe of the slope. 22 3.2 INSTALLATION 23 A. Install HPTRM at elevation and alignment indicated. 24 B. Beginning at downstream end of the slope, place initial end of first roll of HPTRM into 25 the COS trench and secure with securing pins at 300 mm (12 in) intervals in between 26 Secondary PDEAs at 1.2 in (4 ft.) intervals. 27 C. Unroll the HPTRM down the slope and secure the HPTRM end in the TOS trench with 28 securing pins at 300 mm(12 in) intervals in between Secondary PDEAs at 1.2 in (4 ft.) 29 intervals. 30 D. Position adjacent upstream rolls in same manner, overlapping preceding roll minimum 31 75 mm(3 in) until the armoring limits are completed securing the overlaps with 32 securing pins at 300 mm(12 in) intervals in between Primary and Secondary PDEAs at 33 intervals based on the stability requirements of the slope. 34 E. Backfill and compact the trenches with specified soil or as directed by Engineer. 35 F. Secure HPTRM to the slope with securing pins at a frequency of 2.5 pins per square 36 meter(2 pins per square yard)and Primary and Secondary PDEAs at a frequency based 37 on the stability requirements of the slope. Increased anchoring frequency may be 38 required if site conditions are such that the Engineer determines it necessary. 39 G. Alternate installation methods must be approved by Engineer prior to execution. 40 H. Soil fill and sod/seed the ARVS: CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999903-12 SLOPE STABILIZATION MAT Page 12 of 12 1 1. Installed ARVS shall be seeded(or re-seeded)and soil filled,OR sodded as 2 required by the project documents. 3 2. Rubber-tired vehicles must be used,and sharp turns avoided. No heavy and/or 4 tracked equipment or sharp turns are permitted on the installed HPTRM.Avoid 5 ANY traffic over the HPTRM if loose or wet soil conditions exist. 6 3. Do not place excessive soil above material. 7 4. Broadcast additional seed or mulch(if applicable)above soil-filled mat and irrigate 8 as necessary to establish/maintain vegetation. 9 END OF SECTION 10 Revision Log DATE NAME SUMMARY OF CHANGE 11 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999904-1 BEND WAY WEIR Page 1 of 3 1 SECTION 99 99 04 2 BEND WAY WEIR 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. The work for this section consists of furnishing all labor, equipment, and materials and 6 performing all operations in connection with the installation of bend way weirs in 7 accordance with the lines, grades, design, and dimension shown on the drawings and as 8 specified herein. 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. Non-Standard Item Specification 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 —General Requirements 14 3. Division 32— Exterior Improvements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Measurement for this item shall be by each bend way weir installed. 18 2. Payment 19 a. Contract unit price bid for the work performed and all materials furnished 20 1) Subsidiary work and materials include: 21 a) Furnishing, hauling, and placing all materials 22 b) All manipulation, labor,tools, equipment, and incidentals necessary to 23 complete the work. 24 1.3 DEFINITIONS [NOT USED] 25 26 1.4 SUBMITTALS [NOT USED] 27 28 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 29 30 1.6 CLOSEOUT SUBMITTALS [NOT USED] 31 32 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999904-2 BEND WAY WEIR Page 2 of 3 1 1.8 DELIVERY,STORAGE,AND HANDLING [NOT USED] 2 1.9 FIELD [SITE] CONDITIONS [NOT USED] 3 1.10 WARRANTY [NOT USED] 4 PART 2- PRODUCTS 5 2.1 MANUFACTURERS [NOT USED] 6 2.2 MATERIALS 7 A. Bend way weirs may be constructed by the following materials and/or processes: 8 1. Precast Concrete 9 a. Bend way weirs may be cast offsite,or adjacent to the site within project limits 10 and hauled to the site for placement. 11 2. Cast-in-place Concrete 12 a. Bend way weirs may be cast in place according to the construction plan 13 placement and configuration. 14 3. Quarried Stone Block 15 a. Solid stone blocks of sufficient size according to the construction plans may be 16 used in place of concrete options. 17 B. Regardless of material or process,all bend way weirs shall conform to the dimensions 18 and placement described in the construction plans. 19 C. Gabion or aggregate bend way weirs may not be used. 20 21 PART 3- EXECUTION 22 3.1 IDENTIFICATION [NOT USED] 23 3.2 INSTALLATION 24 A. Site preparation 25 1. All grades and slopes shall be placed according to Sections 3123 16 and 3124 00. 26 2. Excavation for embedment of bend way weirs is subsidiary to this item. 27 3. Construction staking will be provided once by the Engineer at the beginning of the 28 project.Any subsequent staking required shall be according to dimensions and 29 control shown on the construction plans,and it will be the responsibility of the 30 Contractor. 31 B. Placement 32 1. Place bend way weirs according to the construction plans. 33 2. Each bend way weir shall be keyed into the proposed slope no less than 3 feet,per 34 construction details. 35 3. Each bend way weir shall be backf lied with select fill and compacted to 95% 36 Standard Proctor,as described in the Geotechnical Report provided for this project. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,2012 999904-3 BEND WAY WEIR Page 3 of 3 1 4. Consult slope reinforcing mat details in the construction plans where the bend way 2 weirs intersect. 3 5. Slope reinforcing mat shall adhere to each bend way weir by means of epoxy or 4 grout. 5 END OF SECTION 6 Revision Log DATE NAME SUMMARY OF CHANGE 7 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised December 20,20I2 999905-1 TWO YEAR POST-COMPLETION ADJUSTMENTS Page 1 of 3 1 SECTION 99 99 05 2 TWO YEAR POST-COMPLETION ADJUSTMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. The work for this section shall consist of all required actions, work,materials, 6 maintenance and adjustments up to 2 years after substantial completion to ensure the 7 constructed improvements are working properly and in line with the intent of the 8 design. Due to the nature of the design, which relies on creek flows to react to the 9 improvements and change their dynamics accordingly, it is recognized that the 10 complete benefit of the improvements and their effect on the site will not be realized or 11 apparent until the improvements have experienced storm flows of varying magnitude. 12 Adjustments to the improvements therefore may be necessary after such flows have 13 been experienced. 14 NOTE: The TWO YEAR POST-COMPLETION ADJUSTMENTS line item of the contract 15 shall be distinguished from the standard 2-year Maintenance or Correction Period on the 16 project. The latter requires the contractor to repair or reconstruct, with no additional 17 compensation,that portion of the improvements with defects in materials and workmanship 18 (Refer to Sub-Section 13.07 CORRECTION PERIOD of the General Conditions). 19 20 1.2 PRICE AND PAYMENT PROCEDURES 21 A. Measurement and Payment 22 1. A pre-bid line item with a pre-determined dollar amount has been included in the 23 contract. The pre-determined amount has been placed in the Proposal however this 24 does not guarantee full or partial payment of the bid item. The Contractor shall 25 receive payment only after satisfactory completion of required adjustments to the 26 improvements as determined and approved by the City of Fort Worth AND upon 27 furnishing proper, complete and detailed documentation of the cost of the work 28 performed. 29 1.3 DEFINITIONS 30 A. Adjustment Item—Any item that is agreed by the City of Fort Worth,the contractor and 31 the design engineer to be a threat to the integrity of the systems at all project sites after 32 substantial completion of the primary contract scope, caused by other than defective 33 materials or workmanship, and occurring no later than two calendar years from the date 34 of substantial completion of the primary contract scope. Because adjustment items will 35 usually be identified only upon the improvements experiencing varying storm flows, a 36 long drought shall require the extension of the 2-year term of this item. Likewise, 37 frequent storms after completion of the primary contract scope may accelerate the 38 process of identifying the adjustment items and a decrease in the 2-year period may be 39 considered. An extension or a decrease in the adjustment 2-year term will be made on 40 the basis of whether necessary adjustments have been identified and a stable project site 41 as intended by the design has been achieved. Changes in the 2-year term shall be as 42 mutually agreed by the parties at the time. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised June 3,2014 999905-2 TWO YEAR POST-COMPLETION ADJUSTMENTS Page 2 of 3 1 B. Primary Contract Scope—The portion of the Contract not including the line item for 99 2 99 05 TWO YEAR POST-COMPLETION ADJUSTMENTS.Also referred to in 3 temporal terms as"Substantial Completion'. 4 1.4 SUBMITTALS [NOT USED] 5 1.5 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 6 1.6 CLOSEOUT SUBMITTALS [NOT USED] 7 1.7 MAINTENANCE MATERIAL SUBMITTALS 8 A. Any Adjustment Items required after substantial completion of the Primary Contract 9 Scope shall use materials and methods prescribed by their respective sections in this 10 Contract document. 11 B. Any required materials that have been substantially modified by the manufacturer or are 12 no longer available shall be subject to the standard submittal process outlined in Section 13 01 33 00. 14 1.8 DELIVERY,STORAGE,AND HANDLING [NOT USED] 15 1.9 FIELD [SITE] CONDITIONS [NOT USED] 16 1.10 WARRANTY [NOT USED] 17 PART 2- PRODUCTS 18 2.1 MANUFACTURERS 19 A. Any manufacturers approved through the initial review process and construction phase 20 may be used to supply comparable approved materials. 21 B. Alternative manufacturers will not be permitted for adjustment work unless the ones 22 used during construction of the Primary Contract Scope are no longer available or have 23 changed substantially. 24 2.2 MATERIALS 25 A. Any materials approved and used during construction of the Primary Contract Scope 26 may be used for adjustment work. 27 B. Alternative materials will not be permitted for adjustment work unless the material used 28 during construction of the Primary Contract Scope is no longer available or has changed 29 substantially. 30 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised June 3,2014 999905-3 TWO YEAR POST-COMPLETION ADJUSTMENTS Page 3 of 3 1 PART 3 - EXECUTION 2 3.1 IDENTIFICATION 3 A. The Project Manager for the City of Fort Worth will make the final determination if an 4 item fits the criteria of Adjustment Item with regards to this section. For example,one 5 or more structural elements of the erosion control improvements (bend way weirs, 6 stabilization mat,etc.) may require manipulation,either to return them to the 7 original configuration or to one that may be a more effective long-term solution. 8 B. Any item identified within the 2 years following substantial completion that is a normal 9 maintenance item as per Sub-Section 13.07 CORRECTION PERIOD of the General 10 Conditions shall not be considered an Adjustment Item with regards to this section. 11 C. If an Adjustment Item exists,the Project Manager will issue a written notification to the 12 Contractor identifying the scope of the work, quantity (if applicable), and timeline for 13 substantial completion of the Adjustment Item. 14 3.2 INSTALLATION [NOT USED] 15 END OF SECTION 16 Revision Log DATE NAME SUMMARY OF CHANGE 17 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised June 3,2014 99 99 09-1 TIED CONCRETE BLOCK EROSION CONTROL MAT Page 1 of 4 1 SECTION 99 99 09 2 TIED CONCRETE BLOCK CONTROL MAT 3 (TXDOT SPECIAL SPECIFICATION) 4 PART1 - GENERAL 5 1.1 SUMMARY 6 A. The work for this section shall consist of all required actions, work, and materials to 7 ensure the constructed improvements are working properly and in line with the intent of 8 the design. 9 1.2 PRICE AND PAYMENT PROCEDURES 10 A. Measurement and Payment 11 1. This item is an alternative to item 99 99 02 Articulating Concrete Block Revetment 12 System. The Contractor shall bid both of these items to construct site improvements 13 at Site A shown in the plans. The Project Manager shall determine which item will 14 be installed. 15 2. This item shall be measured by the square foot as shown on the plans, complete in 16 place. 17 3. The work performed and materials furnished in accordance with this Item and 18 measured as provided under Section 1.2.A.2 above shall be paid for at the unit price 19 bid for"Tied Concrete Block Mat". This price is full compensation for loading 20 and transporting, placing concrete block mats; excavation and disposal; furnishing 21 topsoil and bedding; and equipment, labor, materials, tools, and incidentals. Tied 22 Concrete Block Mats damaged during loading,transport, or placement will be 23 replaced and/or repaired at the Contractor's expense and in accordance with 24 manufacturer's recommendations. Subgrade material or topsoil required for the 25 mats will not be paid for directly but will be subsidiary to this Item. 26 1.3 DEFINITIONS [NOT USED] 27 1.4 SUBMITTALS 28 A. Manufacturer's Data 29 1. Submit manufacturer's performance research results and calculations in support of 30 the Tied-Concrete Block Erosion Control Mat system. 31 B. Shop Drawings 32 1. Provide shop drawings to indicate the means and methods necessary to place the 33 mats in accordance with this specification and the plans. Describe the size and 34 location of mats and placement with details explaining how the mats are tied 35 together. Provide the Engineer with any manufacturer's recommendations that are 36 specifically related to this project. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised June 3,2014 99 99 09-2 TIED CONCRETE BLOCK EROSION CONTROL MAT Page 2 of 4 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 DELIVERY,STORAGE,AND HANDLING 5 A. Upon delivery,rolls may be left exposed for up to 30 days. If exposure will exceed 30 6 days,cover or tarp the rolls to minimize UV exposure. 7 B. Tied-concrete block mats will be packaged with lifting straps or other necessary devices 8 for handling and construction on site and shall be included in the unit price. 9 C. All tied-concrete block mats shall be inspected upon delivery.Assure that all units are 10 sound and free of defects that would interfere with the proper placing of the unit or 11 impair the strength or permanence of the construction. 12 D. Chipping or missing concrete resulting in a weight loss exceeding 15%of the average 13 weight of a concrete unit is grounds for rejection by the Engineer.Replace,repair,or 14 patch the damaged areas per the manufacturer's recommendations. 15 1.9 FIELD [SITE] CONDITIONS [NOT USED] 16 1.10 WARRANTY [NOT USED] 17 PART 2- PRODUCTS 18 2.1 MANUFACTURERS 19 A. Any manufacturers approved through the initial review process and bidding phase may 20 be used to supply comparable approved materials. 21 2.2 MATERIALS 22 A. Tied concrete mats are manufactured from individual concrete blocks tied together with 23 high strength polymer connection system.. Each block is tapered,beveled and 24 interlocked and includes connections that prevent lateral displacement of the blocks 25 within the mats when they are lifted for placement. 26 B. Blocks.Furnish blocks manufactured with concrete conforming to Section 03 30 00 27 Cast-in-Place concrete. Meet a minimum compressive strength of 4,000 psi at 28 days. 28 Furnish block mat system with a minimum weight of 10 lb. per square foot. Blocks 29 shall be placed no further than 2 in. apart. Individual panels shall be seamless with a 30 minimum width of 4 ft,Panel length shall be seamless with a minimum length of 25 ft 31 unless otherwise shown on the plans. 32 C. Polymer Connection System. Provide revetment mat that is constructed of a high 33 tenacity, low elongating,and continuous filament polypropylene or polyethylene fibers. 34 Fibers may be in the form of a geogrid or individual polymer strands. Securely cast 35 polymer connection system into and embedded within the concrete blocks and provide 36 connection strength greater than that of the geogrid or strands. Polymer Connection 37 System material shall meet the requirements of Table 1: 38 39 40 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised Jane 3,2014 99 99 09-3 TIED CONCRETE BLOCK EROSION CONTROL MAT Page 3 of 4 1 Table 1 2 Polymer Connection System 3 Description Requirement Test Method 4 UV Stabilization 2%Carbon Black or % Titanium Dioxide 5 Ultimate Tensile Strength 2000 lb./If ASTM D 6637 6 7 D. Backing Material. Use a soil retention blanket as backing material meeting the 8 requirements of Section 32 92 13 Hydromulching, Seeding, & Sodding and shall be 9 included in the unit price. Prior to placement, ensure the backing material is beneath 10 the mat surface contacting the subgrade/topsoil. If the backing material is affixed to the 11 mat, cover the mat or otherwise protect it during long periods of storage to protect 12 against degradation of the backing material as recommended by the manufacturer. 13 E. Fasteners and Anchors. Provide typical fastening devices that include 18" U-anchors 14 made of#3 rebar or aluminum, galvanized, or pvc coated steel hog rings or tie wire. 15 Provide other fastening or anchoring as recommended by the manufacturer or engineer 16 for the site conditions. 17 F. Performance Testing. Tied concrete mat system shall resist erosion and scour. Mat 18 system shall meet the requirements of Table 2 when tested with no vegetation and using 19 a backing material. 20 Table 2—Large Scale Channel Erosion testing,ASTM D 6460 Type Subgrade,USCS Soil Bed Limiting Shear Classification Slope Type I Permissible Shear 0—16 psf SM or SC 10%min 16 psf min Type II SM or SC 30%min 24 psf,min Permissible Shear 0—24psf 21 PART 3- EXECUTION 22 3.1 IDENTIFICATION [NOT USED] 23 3.2 INSTALLATION 24 A. Equipment. Provide the proper equipment to place the mat that will not damage the mat 25 material or disturb the top soil subgrade. Any specialized devices or equipment required 26 for handling or installation of Tied Concrete Mats shall be included in the unit price. 27 B. Construction. Prior to placing the tied concrete block mats, prepare the subgrade as 28 detailed in the plans. The subgrade shall be graded into a U-shape or trapezoidal shape 29 in order to concentrate flow to middle of mat or mats. Ensure the prepared subgrade 30 provides a smooth, firm, and unyielding foundation for the mats. All subgrade surfaces 31 to be free of all rocks, stones, sticks, roots, and other protrusions or debris of any kind 32 that would result in an individual block failing to maintain intimate contact with the 33 subgrade. Where subgrade is not rock, apply 4"topsoil and seed directly to the topsoil 34 prior to the tied concrete block mat installation. CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised June 3,2014 99 99 09-4 TIED CONCRETE BLOCK EROSION CONTROL MAT Page 4 of 4 1 1. Install mats to the line and grade shown on the plans and according to the 2 manufacturer's guidelines. The manufacturer or authorized representative will 3 provide technical assistance during the slope preparation and installation of the 4 concrete block mats as needed. 5 2. Provide a minimum 18 in. deep concrete mat embedment toe trench at all leading 6 edges exposed to channelized flow. Recess exterior edges subject to sheet flow a 7 minimum of 3 in. 8 3. Any products,procedures,or installation practices used in Section 2.2.17- 9 Performance Testing shall be provided for the project and included in the unit price.. 10 4. For seams parallel to the flow line in ditch or channel applications,center a I 1 minimum 3 ft. wide strip of soil retention blanket under the seam meeting the 12 requirements of Section 32 92 13 Hydromulching, Seeding, & Sodding. To ensure 13 mats are abutted one to another,fasten along the seam at 5 ft. maximum spacing. 14 Provide other fastening or anchoring as recommended by the manufacturer or 15 engineer for the site conditions. Parallel seams in the center of the ditch shall be 16 avoided when possible. 17 5. Shingle seams perpendicular to the flow line with the downstream mat recessed a 18 minimum of 18 in under the upstream mat and fastened together along the seam at 19 18 in. maximum spacing if required by manufacturer or engineer. 20 END OF SECTION 21 Revision Log DATE NAME SUMMARY OF CHANGE 22 CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised June 3,2014 APPENDIX GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities [NOT USED] GC-6.24 Nondiscrimination [NOT USED] GR-01 60 00 Product Requirements [NOT USED] CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 THENCE South 18 degrees 27 minutes 23 seconds East,with the westerly line of said Block 12, a distance of 191.76 feet to an angle point in the westerly line of said 14.161 acre tract of land, said point being the northeast corner of said Lot 1, said point also being an angle point in the in the westerly line of Lot 25 of said Block 12, from which a 1/2 inch iron rod found for corner in the northeast line of said Lot 25 bears South 34 degrees 02 minutes 04 seconds East, a distance of 31.00 feet, Borth 44 degrees 56 minutes 10 seconds East, a distance of 134.41 feet and North 49 degrees 11 minutes 10 seconds West, a distance of 9.47 feet, said I/2 inch iron rod also being in the westerly right-of-way line of Driskell Boulevard(an 80.0' right-of-way); THENCE North 89 degrees 24 minutes 50 seconds West, with the westerly line of said 14.161 acre tract of land and with the north line of said Lot 1, a distance of 31.78 feet to the POINT OF BEGINNING and containing 5,351 square feet or 0.123 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. Date: April 22,2014(REVI) F T Curtis Smith q______-CURT-1S-SMITH 5494 Registered Professional Land Surveyor No. 5494 3 U Texas Firm No. 10106900 Exhibit A Page 2 of 2 EXHIBIT "B " I I PARCEL No.1 PE 40' STORM DRAIN EASEMENT LOT 28-R Q� VOLUME 388-24. PAGE 15 P.R.T.C.T. LIBBY AVENUE LOT 27 (80.0' RIGFIT-OF-WA1) � �w O 0.�` \/ BLOCK 0 PERMANENT DRNAGE SUNSETBIGHTS 0 �.::::: . SOUTH SECTION 2 '�` EASEMENT AREA ?� Q VOLUME 388-34, PAGE 45 GjP 50351 SQ. FT. OR P.R.T.C.T 0.123 ACRES LOT 26 �9 �y�k Q0 ::`. :: . N a������ g4� REMAINDER OF ��'G'4(4`� 14.161 ACRES (BY DEED) t� �' 4' I— JOE DRISKELL AND COMPANY ............. -e . ............. VOLUME 3400, PAGE 344 'o '= =• m / 44, D.R.T.C.T. o .::::::: :::::: LOT 25 FND 5/69R w/bow srAMPE _:::::•::-::•::•:::;• \ ,�w 'CARTER & BURGESS' 0- LOT 24 o 16.0' ALLEY L-2 LOT S 89'24'50'E 147.24' -:.L-7 26 LINE TABLE a LINE BEARING DISTANCE y i�G• L 2 N 44'13'S3"W 0.82' LOT 1 By0(;)(1 gg Ap 8 ON �����o��4•�• L-3 N 30'38'36"W 63.46' Up" 8814z, P yg �v 4' L-4 N 5829'37'E 37.02' �IRSV01,111111 p" p,g.T.C•�' L-5 S 34'02'04"E 31.00' L-6 N 49'11'10'W 9.47' L-7 IN 89'24'50'W 1 31.78' NOTES: 60 30 0 60 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PUT. 2. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM. NAD-63' THE NORTH CENTRAL ZONE 4202' All DISTANCES AND AREAS SCALE IN FEET SHOWN ARE SURFACE. aKr City of Fort Worth 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 EXHW ASHONIING PERMANENT DRAINAGE EASEMENT t'E OF TIC. OUT OF A Q ;°C, S TE4•.• f� 14.161 ACRE TRACT OF LAND (BY DEED) SITUATED W THE .............................................. . SAMUEL C. INMAN SURVEY, ABSTRACT No. 824 CU IS SMITH CITY OF FORT WORTH, TARRANT COUNTY, TEXAS ..........................•- AS RECORDED IN p 5494 VOLUME 3400, PAGE 344 ox DEED RECORDS OF TARRANT COUNTY, TEXAS ........... PROJECT: LOWER COMO CREEK DRAINAGE IMPROVEMENTS ICITY PROD. NO. 01605 U DRAINAGE EASEMENT AREA: 5 351 SQUARE FEET OR 0.123 ACRES CURTIS SMITH JOB No. DEOT1102.00 DRAWN BY: JCE I CAD FILE: OEOT-1102.00-1PEJt01.OWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE APRIL 22. 201 REVi) I EXHIBIT B PAGE 1 OF 1 1 SCALE: 1' — 60' NO. 5494 TEXAS FIRM N0. 101069M GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 78118 • 817-495-1424 FAX 817-496-1768 LOWER COMO CREEK DRAINAGE IMPROVEMENTS PARCEL NO. 2 PE CITY PROJECT NO. 01605 4020 DRISKELL BOULEVARD LOT 25, BLOCK 12,SUNSET HEIGHTS SOUTH SECTION 2 EXHIBIT"A" Being a permanent drainage easement out of Lot 25, Block 12 of Sunset Heights South Section 2 an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-22, Page 43 of the Plat Records of Tarrant County, Texas, said Lot 25 being deeded to Minerva Gates as recorded in County Clerk's File No. D207004306 of the Official Public Records of Tarrant County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the north comer of said Lot 25, said point being the east comer of Lot 26 of said Block 12, said point also being in the westerly right-of-way line of Driskell Boulevard (an 80.0' right-of-way), from which a 3/4 inch iron rod found for reference bears South 33 degrees 54 minutes 22 seconds East, a distance of 0.19 feet and from which a 1/2 inch iron rod found for corner in the northeast line of said Lot 25 bears a chord bearing of South 40 degrees 50 minutes 03 seconds East, a distance of 70.04 feet, said 1/2 inch iron rod also being in the westerly right-of-way line said Driskell Boulevard; THENCE South 58 degrees 44 minutes 17 seconds West, with the northwest line of said Lot 25 and with the southeast line of said Lot 26, a distance of 78.96 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE South 19 degrees 40 minutes 37 seconds East, a distance of 78.82 feet to a point for comer; THENCE South 37 degrees 44 minutes 32 seconds East, a distance of 10.73 feet to a point for comer; THENCE South 71 degrees 52 minutes 05 seconds West, a distance of 8.78 feet to a point for corner in the northeasterly line of an existing 15' Storm Drainage and Utility Easement as recorded in Volume 388-22, Page 43 of said Plat Records of Tarrant County,Texas; THENCE North 34 degrees 02 minutes 04 seconds West, with the northeasterly line of said 15' Storm Drainage and Utility Easement, a distance of 5.38 feet to a point for comer; THENCE North 18 degrees 27 minutes 23 seconds West, with the northeasterly line of said 15' Storm Drainage and Utility Easement, a distance of 82.56 feet to a point for corner in the northwest line of said Lot 25,said point being in the southeast line of said Lot 26; Exhibit A Page 1 of 2 THENCE North 58 degrees 44 minutes 17 seconds East, with the northwest line of said Lot 25 and with the southeast line of said I.ot 26, a distance of 5.13 feet to the POINT OF BEGINNING and containing 539 square feet or 0.012 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. Date: Ap ' 22, 201 VI) OF FRTFf Curtis Smith CURTIS SMITH Registered Professional Land Surveyor r s� 5494 No. 5494 �yQ�;i'ssNd`' -�o Texas Firm No. 10106900 S U R`l Exhibit A Page 2 of 2 EXHIBIT "B " \ PARCEL No. 2 PL' LOT 27 P.0.C. FROM WHICH A 314-W \ BEARS S 33'S4'22"E 0.19' REMAINDER OF LOT 26 OA 14.161 ACRES (BY DEED) JOE DRISKELL AND COMPANY VOLUME 3400, PAGE 344 lb. w P.O.B. 1/2"IRF '-0 PERMANENT DRAINAGE LOT 25 "A, EASEMENT AREA < 539 SQ. FT. OR /t 0.012 ACRES r MINERVA ` C.C.F. NO. D207004306 O.P.R.T.C.T. L-2 LOT 24 BLOCK f FIRST UNITED SB'RVICKS ADDITION L-4 L-3 15' STORM DRAINAGE TOLUKE 988-142 PACE 82 AND UTILITY EASEMENT P..R. C.7: VOLUME 388-22, PAGE 43 LOT 23 P.R.T.C.T. LINE TABLE LINE BEARING DISTANCE HyOC SBICgT 2 L-1 S 19'40'37"E 78.$2' SU$S$TS$CTIO AG$ ' L-2 S 3744'32E 10.73' 1JT 22+ S L-3 S 71'52'05"W 8.78' LOT 1 \ "0 SO'E 388-•T.C•T• L-4 N 34 02'04"W 5.38' \ / L-5 N 1 W27'23"W 82.56' L-6 N 58'44'17"E 5.13' CURVE TABLE CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH C-1 289.56' 1 13'53'37" S 40'50'03"E 70.04' 70.22' 1. A GAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 60 30 0 60 2. ALL BEARINGS AND COORDWTES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-81 THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET FoRTWoRTH City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH. TEXAS 76102 EXHIBIT PERMANENT DRAINAGE EASEMENT ,� OF D•� OUT OF �-;: S7ER• LOT 25, BLOCK 12 Fa..y� SUNSET HEIGHTS SOUTH SECTION 2 °....":......................................... AN ADDITION TO THE cu is S M ITH CITY OF FORT WORTH, TARRANT COUNTY, TEXAS , r oF5494 v` VOLUME 38822. PAGE 43 P PLAT RECORDS OF TARRANT COUNTY, TEXAS S.. PROJECT: LOWER COMO CKEEK DRAINAGE IMPROVEMENTS ICITY PROJ. No. 01605 DRAINAGE EASEMENT AREA 539 SQUARE FEET OR 0.012 ACRES CURTIS SMITH JOB No. DEOT1102.00 I DRAWN BY. JCE CAD FILE: DEC T-1102. REGISTERED PROFESSIONAL LAND SURVEYOR DATE: APRIL 22 201 REV1 EXHIBIT B P 1 OF 1 SCALE: I" - 60' NO. 5494 TEXAS FIRM NO. 10106900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817-498-1768 LOWER COMO CREEK DRAINAGE IMPROVEMENTS PARCEL NO.3 PE CITY PROJECT NO.01605 4016 DRISKELL BOULEVARD LOT 26,BLOCK 12,SUNSET HEIGHTS SOUTH SECTION 2 EXHIBIT "A" Being a permanent drainage easement out of Lot 26,Block 12 of Sunset Heights South Section 2 an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-22, Page 43 of the Plat Records of Tarrant County, Texas, said Lot 26 being deeded to Dwayne L. Lieske and wife, Toni L. Lieske as recorded in Volume 5075, Page 799 of the Deed Records of Tarrant County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the east corner of said Lot 26, said point being the north corner of Lot 25 of said Block 12, said point also being in the westerly right-of-way line of Driskell Boulevard (an 80.0' right-of-way), from which a 3/4 inch iron rod found for reference bears South 33 degrees 54 minutes 22 seconds East, a distance of 0.19 feet and from which a 1/2 inch iron rod found for corner in the northeast line of said Lot 25 bears a chord bearing of South 40 degrees 50 minutes 03 seconds East, a distance of 70.04 feet, said 1/2 inch iron rod also being in the westerly right-of-way line of said Driskell Boulevard; THENCE South 58 degrees 44 minutes 17 seconds West, with the southeast line of said Lot 26 and with the northwest line of said Lot 25, a distance of 78.98 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE South 58 degrees 44 minutes 17 seconds West, with the southeast line of said Lot 26 and with the northwest line of said Lot 25, a distance of 5.11 feet to a point for corner in the northeasterly line of an existing 15' Storm Drainage and Utility Easement as recorded in Volume 388-22,Page 43 of said Plat Records of Tarrant County,Texas; THENCE North 18 degrees 27 minutes 23 seconds West, with the northeasterly line of said 15' Storm Drainage and Utility Easement, a distance of 80.30 feet to a point for corner in the northwest line of said Lot 26, said point being in the southeast line of Lot 27 of said Block 12; THENCE North 69 degrees 36 minutes 38 seconds East, with the northwest line of said Lot 26 and with the southeast line of said Lot 27,a distance of 3.02 feet to a point for corner, THENCE South 19 degrees 52 .minutes 34 seconds East, a distance of 79.29 feet to the POINT OF BEGINNING and containing 320 square feet or 0.007 acres of land,more or less. Exhibit A Page 1 of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. Date: April 22,2014 VI) ,3 OF P Curtis Smith 4' Registered Professional Land Surveyor n No. 5494 CURTIS SMITH Texas Firm No. 10106900 9` °,poF5494��0� �yo ,ass • -� Exhibit A Page 2 of 2 EXHIBIT "B " PARCEL No. 3 PE LINE TABLE LINE BEARING DISTANCE LOT 28—R L-1 S 58'44'17"W 5.1 i' OLpC HgIGNTS2 L-2 N 18"27'23"W 80.30' sur1S$TSSCTI?' 45 L-3 N 69'36'38 E 3.02' S010388_34, L-4 S 19"52'34"E 79.29' �pLU)K p.R•T• r SEE DETAIL "A" AND DWIFE,TONI L LIESKE ESKE VOLUME 5075, PAGE 799 REMAINDER OF LOT 27 D.R.T.C.T. 14.161 ACRES (BY DEED) JOE DRISKELL AND COMPANY VOLUME D.R.T..0 AGE 344 .T. P.O.C. FROM WHICH A 3/4-RF PERMANENT DRAINAGE BEARS S 33'54'22"E 0.19' EASEMENT AREA LOT 26 320 SO. FT. OR 0.007 ACRES r $ O� 5 Z 4,3 P.O.B. .0 L-1 LOT 25 1/2"IRF 'Q/Gi Oj 15' STORY DRAINAGE 0 AND UTILITY EASEMENT Nk VOLUME 388-22. PAGE 43 LOT 24 44 \ P.R.T.C.T. DETAIL "A" HLoCJr 1"fITS O NOT TO SCALE SUNS$Ts$�IO CGS 48 SOUT gg8-22'Tp VpLUo$ p.R,T.0 CURVE TABLE CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH C-1 289.56' 13'53`37" S 40'50'03"E 70.04' 70.22' NOTES: 60 30 0 60 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEARINOS AND COORDINATES ARE REFERENCED TO THE TEXAS CODRDW'TE sri ANA--83. THE NORTH CENMAL ZONE 4202. ALL DISTANCES AND AREAS SCALE I N FEET o wo�r City of Fort Worth 1000 THROCKMORTON STREET FORT WORTH. TEXAS 76102 EXHIBIT SHOWING A �� OF T PERMANENT DRAINAGE EASEMENT OUT OF @;:G S i ..... ... LOT 26, BLOCK 12 4F Fo.,: SUNSET HEIGHTS SOUTH SECTION 2 ..... ............................ AN ADDITION TO THE CURTIS SMITH „... ..........................:........ CITY OF FORT WORTH, T�IN COUNTY, TEXAS r' �0 5494 AS VOLUME 388-22, PAGE 43 IFS PLAT RECORDS OF TARRANT COUNTY, TEXAS "O S 41 PROJECT: LOWER COMO CREEK DRAINAGE IMPROVEMENTS CITY PROD. No. 01605 DRAINAGE EASEMENT AREA: 320 SQUARE FEET OR 0.007 ACRES CURTIS SMITH JOB No. DEOT1102.00 I DRAWN BY: JCE I CAD FILE: DEUT-1102.00-3PE—R01.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: APRIL 22, 201 REVt EXMBIT B PAGE 1 OF 1 1 SCALE 1' a 60' NO. 5494 TEXAS FIRM NO. 10106900 GORRONDONA & ASSOCIATES. INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 • 817-496-1424 FAX 817-496-1758 LOWER COMO CREEK DRAINAGE IMPROVEMENTS PARCEL No. 4 PE CITY PROJECT No. 01605 4012 DRISKELL BOULEVARD LOT 27,BLOCK 12, SUNSET HEIGHTS SOUTH SECTION 2 EXHIBIT"A" Being a permanent drainage easement out of Lot 27, Block 12 of Sunset Heights South Section 2 an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-22, Page 43 of the Plat Records of Tarrant County,Texas, said Lot 27 being deeded to Sue Ann Scott as recorded in County Clerk's No. D211268687 of the Deed Records of Tarrant County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the east comer of Lot 26 of said Block 12, said point being the north corner of Lot 25 of said Block 12, said point also being in the westerly right-of-way line of Driskell Boulevard (an 80.0' right-of-way), from which a 3/4 inch iron rod found for reference bears South 33 degrees 54 minutes 22 seconds East, a distance of 0.19 feet and from which a 1/2 inch iron rod found for corner in the northeast line of said Lot 25 bears a chord bearing of South 40 degrees 50 minutes 04 seconds East, a distance of 70.05 feet, said 1/2 inch iron rod also being in the westerly right-of--way line of said Driskell Boulevard; THENCE South 58 degrees 44 minutes 17 seconds West, with the southeast line of said Lot 26 and with the northwest line of said Lot 25, a distance of 84.11 feet to a point for corner in the northeasterly line of an existing 15' Storm Drain and Utility Easement as recorded in Volume 388-22, Page 43 of said Plat Records of Tarrant County, Texas; THENCE North 18 degrees 27 minutes 23 seconds West, with the northeasterly line of said 15' Storm Drain and Utility Easement, a distance of 80.30 feet to the POINT OF BEGINNING of the herein described permanent drainage easement, said point being in the southeast line of said Lot 27, said point being in the northwest line of said Lot 26; THENCE North 18 degrees 27 minutes 23 seconds West, with the northeasterly line of said 15' Storm Drain and Utility Easement, a distance of 15.89 feet to a point for corner; THENCE South 29 degrees 20 minutes 13 seconds East, a distance of 16.08 feet to a point for corner in the southeast line of said Lot 27, said point being in the northwest line of said Lot 26; THENCE South 69 degrees 36 minutes 38 seconds West, with the southeast line of said Lot 27 and with the northeast line of said Lot 26, a distance of 3.04 feet to the POINT OF BEGINNING and containing 24 square feet or 0.001 acres of land,more or less. Exhibit A Page I of 2 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. Date: July 1, 2013 ---z-/-- Curtis Smith Registered Professional Land Surveyor No. 5494 CURTIS SMITH 5494 f55 S�P � O ,S Exhibit A Page 2 of 2 EXHIBIT "B " PARCEL No. 4 PE CURVE TABLE CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH C-1 289.56' 13'53'38 S 4050'04"E 70.05' 70.22' LOT 29-R v LINE TABLE r LINE I BEARING I DISTANCE �/ ,i L-1 N 18'27'23"W 15.89' ISLOCK [GgTS �-..." \ (p L-2 I S 29.20'13"E 1 16.08' y SUNSjjT TON �$ 45 _ L-3 S 69'36'38"W 3.04' I SOVT> 8,-,4, PA , o VOLUxS C.T. a LOT 28-R 70 s 1G � r PERMANENT DRAINAGE SUE ANN SCOTT y EASEMENT AREA C.C.F. No. D211268687 24 SQ. FT. OR D.R.T.C.T. .y 0.001 ACRES \ LOT 27 P.O.B. P.O.C. �►` FROM WHICH A 3/4'IRF REARS SEE ` LOT 26 S us4•z2'E 0.19 " " TAI s\ �. DEL A $N\ J\ Ci LOT 25 DETAIL 'A" \ NOT TO SCALE 15' STORM DRAINAGE OCK 12 ,r5 1/2-IRF & UTILITY VOLUME 388-22,22,PPAGE 43 ,` uN;XT gcr1oN B 43 \ SOIJT SS229TpAG a01><J>�r$ p.g.T•C• LOT 24 NOTES: 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS MAT• 60 30 0 60 2. ALL BFAINNGS AND COORDINATES ARE REFERIENCED TO TILE TEXAS COORDINATE SYSTEM. NAD-83. THE NORTH CENTRAL ZONE 4202. ALL DISTANCES MW AREAS SH, ARE SUffACF- SCALE IN FEET o City of Fort worth 1000 THROCKMORTON STREET • FORT WORTH. TEXAS 78102 SHOWING A PERMANENT DRAINAGE EASEMENT OUT OF LOT 27. BLOCK 12 SUNSET HEIGHTS SOUTH SECTION 2 AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY. TEXAS AS RECORDED IN VOLUME 388-22. PAGE 43 PLAT RECORDS OF TARRANT COUNTY, TEXAS PROJECT: LOWER COMO CREEK DRAINAGE IMPROVEMENTS ICITY PR W. No. 01605 DRAINAGE EASEMENT AREA: 24 SQUARE FEET OR 0.001 ACRES CURTIS SMITH JOB No. DEOT-1102.00 DRAWN BY: JCE CAD FILE: DEOT-1102.00-4PE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE: JULY 1. 2113 1 EXHIBIT 8 PAGE 1 OF 1 SCALE I. - 80' NO. 5494 TEXAS FIRM NO. 10108900 GORRONDONA A: ASSOCIATES. INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 78118 • 817-498-1424 FAX 817-498-1788 Lot Report Mon Jul 15 13:55:58 2013 Lot File: L:\DeOtte, Inc\Survey\DEOT1102.00 - COFTW-Lower Como Drainage Channel\Cad\dwg\LOT\DE CRD File: L:\DeOtte, Inc\Survey\DEOT1102.00 - COFTW-Lower Como Drainage Channel\Cad\data\DEOT1 Lot: DE-4 , Block: DE-4, Type: DRAIN PNT# Bearing Distance Northing Easting 2134 6952595.29 2305929.08 N 18 027123" W 15.89 2135 6952610.37 2305924.05 S 29 020113" E 16.08 2136 6952596.35 2305931.93 S 69 036'38" W 3.04 2134 6952595.29 2305929.08 Closure Error Distance> 0.0046 Error Bearing> N 22 007144" E Closure Precision> 1 in 7659.2 Total Distance> 35.01 Area: 0.001 ACRES, 24 SQ. FT. Block DE-4 Total Area: 0.001 ACRES, 24 SQ. FT. Page 1 of 1 LOWER COMO CREEK DRAINAGE IMPROVEMENTS PARCEL No.5 PE CITY PROJECT No. 01605 2920 DRISKELL BOULEVARD LOT 32-R AND 33-R,BLOCK 12,SUNSET HEIGHTS SOUTH SECTION 2 EXHIBIT `°A" Being a permanent drainage easement out of Lot 32-R and 33-R, Block 12 of Sunset Heights South Section 2 an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-34, Page 45 of the Plat Records of Tarrant County, Texas, said permanent drainage easement also being out of a tract of land conveyed to Adelaide Scott as recorded in Case No. 2008-0002872-2 of the Probate Records of Tan-ant County, Texas, and being further described in Volume 4683, Page 225 of the Deed Records of Tarrant County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast comer of said tract of land conveyed to Adelaide Scott, said point being the southeast comer of a tract of land deeded to Marianne Cherry R. Thompson as recorded in Volume 15655, Page 317 of said Deed Records of Tarrant County, Texas, said point also being in the westerly right-of-way line of Driskell Boulevard (an 80.0' right-of-way), from which a 1/2 inch iron rod found for reference in the east line of said tract of land conveyed to Adelaide Scott bears South 15 degrees 50 minutes 53 seconds East, a distance of 69.55 feet, said 1/2 inch iron rod also being in the westerly right-of-way line of said Driskell Boulevard and from which a 1/2 inch iron rod found for the northeast comer of a tract of land deeded to James R. Carson as recorded in Volume 4186, Page 270 of the Deed Records of Tarrant County, Texas bears North 15 degrees 50 minutes 53 seconds West, a distance of 140.00, said 1/2 inch iron rod being the southeast comer of a tract of land deeded to Stephen Chamberla Maxwell as recorded in Volume 8098, Page 1605 of said Deed Records of Tarrant County, Texas, said 1/2 iron rod also being in the westerly right-of-way line of said Driskell Boulevard; THENCE South 74 degrees 09 minutes 07 seconds West, with the north line of said tract of land conveyed to Adelaide Scott, and with the south line of said tract of land deeded to Marianne Cherry R. Thompson, a distance of 99.09 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE South 23 degrees 43 minutes 38 seconds East, a distance of 10.65 feet to a point for comer, THENCE South 00 degrees 21 minutes 55 seconds East, a distance of 61.69 feet to a point for comer in the apparent east line of an existing 10' Utility Easement as recorded in Volume 388-34, Page 45 of said Plat Records of Tarrant County,Texas; THENCE North 16 degrees 52 minutes 22 seconds West, with the apparent east line of said existing 10' Utility Easement, a distance of 32.73 feet to a point for comer in the east line of an existing 40' Storm Drain Easement as recorded in Volume 388-24, Page 15 of said Plat Records of Tarrant County,Texas; Exhibit A Page 1 of 2 THENCE North 10 degrees 26 minutes 53 seconds West, with the east line of said existing 40' Storm Drain Easement, a distance of 37.44 feet to a point for corner in the north line of said tract of land conveyed to Adelaide Scott, said point also being in the south line of said tract of land deeded to Marianne Cherry R. Thompson; THENCE North 74 degrees 09 minutes 07 seconds Yii,t, with the north line of said tract of land conveyed to Adelaide Scott and with the south line of said tract of land deeded to Marianne Cherry R. Thompson, a distance of 12.07 feet to the POINT OF BEGINNING and containing 621 square feet or 0.014 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAP-83, The North Central Zone 4202, all distances and areas shown are surface. Date: July 1, 2013 Curtis Smith Registered Professional Land Surveyor No. 5494 CURTIS SMITH ';°P 5494 Pti;: vtiG°.�:�.s s�o��o Exhibit A Page 2 of 2 ��Rv EXHIBIT "B " ,BLOCK 12 PARCEL No. 5 Ply SUNSET HEIGHTS SOUTH SECTION 2 1 LINE TABLE VOLUME 588-34, PAGE 45 A605 LINE BEARING DISTANCE ~ _ _ P.R.T.C.T. �\ 5 j j6_R L-1 S 23'43'38"E 10.65' LL j \ \ °Lot �35'R 172�rtF L-2 S 00'21'55"E 61.69' L-3 N 16'52'22"W 32.73' `\ L-4 N 10'26'53'W 37.44' � 3 HLOC1� �RL N TS \%1' L-5 N 74'09'07 E 12.07' ° CBOHJ HSAGB 44 GS Wad+gee• O O 6S, .0 T. N p• ►- \ ° z 04 ro v- 04 04 C14 Lu Q. O S 103 ° C °� '' �'ag CL \ \�1 `,5 5 ,4�i .� � N P.O.C. \ R� GOODMAN AVENUE , ° '�� j2� (80.0' RIGHT-OF-WAY) \ ADELAIDE SCOTT ° I F 2-IRF CASE No. 2008-0002872-2 \r a OR REFERENCE PROBATE RECORDS \1\ i a�32_R VOLUME 4683, PAGE 225 �� W t 3_R D.R.T.C.T. In \ \\ PERMANENT DRAINAGE EASEMENT AREA 621 SQ. FT. OR 40' STORM DRAIN EASEMENT `j �\ 0.014 ACRES VOLUME 388-24. PAGE 15 y \ P.R.T.C.T. (APPROXIMATE LOCATION) 1 ; °\dot 30.R ° NOS 60 30 0 60 1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. 2. ALL BEMINM AND COORI AJES ARE REFERENCED TO THE TEXAS COCIR MIATE SYSTEM. HAD-83, THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS SHOWN ARE SUWAM SCALE IN FEET City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH. TDCAS 76102 EXHISIT SHOWING A PERMANENT DRAINAGE EASEMENT our OF LOT 32-R AND 33-R. BLOCK 12 OF SUNSET HEIGHTS SOUTH SECTION 2 AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY. TEXAS AS RECORDED IN VOLUME 388-34. PAGE 45 PLAT RECORDS OF TARRANT COUNTY, TEXAS PROJECT: LOWER COMO CREEK DRAINAGE IMPROVEMENTS ICITY PROJ. No 01605 DRAINAGE EASEMENT AREA: 621 SQUARE FEET OR 0.014 ACRES CURTIS SMITH JOB No. DEOT-1102.00 1 DRAWN BY: JCE I CAD FILE. DEOT-1102.00-5PE.DWG IREGISTERED PROFESSIONAL LAID SURVEYOR GATE: JULY 1 2113 1 EXHIBIT 8 PAGE 1 OF 1 I SCALE,, 1' - 6O' INO. 5494 TEXAS FIRM N0, 10108900 GORRONDONA & ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH. TX. 76118 - 817-496-1424 FAX 817-496-1768 Lot Report Wed Jul 10 12:28:38 2013 Lot File: L:\DeOtte, Inc\Survey\DEOT1102.00 - COFTW-Lower Como Drainage Channel\Cad\dwg\LOT\DE CRD File: L:\DeOtte, Inc\Survey\DEOT1102.00 - COFTW-Lower Como Drainage Channel\Cad\data\DEOT1 Lot: DE-5 Block: DE-5, Type: DRAIN PNT# Bearing Distance Northing Easting 2142 6952466.29 2305790.67 S 23 043138" E 10.65 2143 6952456.54 2305794.95 S 00 021155" E 61.69 2144 6952394.85 2305795.35 N 16°52'22" W 32.73 2145 6952426.18 2305785.84 N 10 026'53" W 37.44 2146 6952462.99 2305779.06 N 74 009107" E 12.07 2142 6952466.29 2305790.67 Closure Error Distance> 0.0022 Error Bearing> N 14 047156" W Closure Precision> 1 in 71314.5 Total Distance> 154.58 Area: 0.014 ACRES, 621 SQ. FT. Block DE-5 Total Area: 0.014 ACRES, 621 SQ. FT. Page 1 of 1 LOWER COMO CREEK DRAINAGE IMPROVEMENTS PARCEL No. 6 PE CITY PROJECT No. 01605 3916 DRISKELL BOULEVARD LOT 33-R AND 34-R, BLOCK 12,SUNSET HEIGHTS SOUTH SECTION 2 EXHIBIT "A" Being a permanent drainage easement out of Lot 33-R and 34-R, Block 12 of Sunset Heights South Section 2 an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-34, Page 45 of the Plat Records of Tarrant County, Texas, said permanent drainage easement also being out of a tract of land deeded to Marianne Cherry R. Thompson as recorded in Volume 15655, Page 317 of the Deed Records of Tarrant County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the southeast corner of said tract of land deeded to Marianne Cherry R. Thompson, said point also being the northeast corner of a tract of land conveyed to Adelaide Scott as recorded in Case No. 2008-0002872-2 of the Probate Records of Tarrant County, Texas, and being further described in Volume 4683, Page 225 of said Deed Records of Tarrant County, Texas, said point also being in the westerly right-of-way line of Driskell Boulevard (an 80.0' right-of-way), from which a 1/2 inch iron rod found for reference in the east line of said tract of land conveyed to Adelaide Scott bears South 15 degrees 50 minutes 53 seconds East, a distance of 69.55 feet, said 1/2 inch iron rod also being in the westerly right-of- way line of said Driskell Boulevard and from which a 1/2 inch iron rod found for the northeast corner of a tract of land deeded to James R. Carson as recorded in Volume 4186, Page 270 of the Deed Records of Tan-ant County, Texas bears North 15 degrees 50 minutes 53 seconds West, a distance of 140.00, said 112 inch iron rod being the southeast corner of a tract of land deeded to Stephan Chamberla Maxwell as recorded in Volume 8098, Page 1605 of said Deed Records of Tarrant County, Texas, said 1/2 inch iron rod also being in the westerly right-of-way line of said Driskell Boulevard; THENCE South 74 degrees 09 minutes 07 seconds West, with the south line of said tract of land deeded to Marianne Cherry R. Thompson and with the north line of said tract of land conveyed to Adelaide Scott, a distance of 99.09 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE South 74 degrees 09 minutes 07 seconds West, with the south line of said tract of land deeded to Marianne Cherry R. Thompson and with the north line of said tract of land conveyed to Adelaide Scott, distance of 12.07 feet to a point for corner in the apparent east line of an existing 40' Storm Drain Easement as recorded in Volume 388-24, Page 15 of said Plat Records of Tarrant County, Texas; THENCE North 10 degrees 26 minutes 53 seconds West, with the apparent east line of said existing 40.0' Storm Drain Easement,a distance of 52.05 feet to a point for comer; Exhibit A Page 1 of 2 THENCE South 23 degrees 43 minutes 38 seconds East, a distance of 52.31 feet to the POINT OF BEGINNING and containing 313 square feet or 0.007 acres of land, more or less. Notes: (1) A►plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. Date: July 1, 2013 Curtis Smith Registered Professional Land Surveyor `P. Ui s Ted F+ No. 5494 tt CURTIS SMITH ;'O,�F5494 ��0 �iCti.E'SS���-1 Exhibit A Page 2 of 2 uR��, EXHIBIT "B " BLOCK PARCEL No. 6 PE � SUNSET HEIGHTS SOUTH SECTION 2 LINE TABLE VOLUME 388-34, PAGE 45 �����, LINE BEARING DISTANCE P.R.T.C.T. �� 5 cN►+'"'�PN R L-1 S 74'0967"W 12.07' \ \ Volt E -C. \o�15-R 1/2-W L-2 N 10'26'53 52.05' \ L-3 S 23.43'38"E 52.31' NO. JZT Lu 1 C8�N 0 A g T44 \ ` PO \ 0270 Z F- # AwN 63. FA \ J++ 416j,Gj 35_R !v. HVOUMI[p.R•T•C'T. o �\ II `p` o 0 3a-R $ (! N N N H m 0 0 ` cr Y `"`NOON E 31� $ o F- 0 Z J J J r k\ P\ �WME R�5C 1. o,�_R 0 4 1' Lu P a � 9s•� 'y b? \ N : .�Lr 574 = N Q 1 a \ GOODMAN AVENUE ��' P.0'B' ws Z R (80.0• ROIT-OF-WAl� `\ \\` SCO 2872_2 EW _ \ � No• 20�1� 0�225 EASEMENT AREA / \` \ CISoEeoc �� 1FOR�RREFERENCE 313 SO. FT. OR ;R 0.007 ACRES \�e� .R Ln 1 r I 4O' STORM BRAIN EASEMENT VOLUME 388-24. PAGE 15 P.R.T.C.T. (APPROXIMATE LOCATION) i 1s LEGAL DESCRwTTON of EVEN DATE ACCOMPANIES THIS PUT 60 30 0 60 2. ALL 8EAJdNGS AND COOMMTES ARE REFERENCED TO THE TEXAS COORBINAIE SYMM HAD-83. THE ARE A WWM CENiRAL ZDW 4202. ALL o�rANCES AND AREAS SCALE IN FEET SHM o City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH. TEXAS 76102 A PERMANENT DRAINAGE EASEMENT OUT OF LOT 33-R AND 34-R, BLOCK 12 OF SUNSET HEIGHTS SOUTH SECTION 2 M THE CRY OF FORT WORTH ADDITION COUNTY. TEXAS AS RECORDED IN VOLUME 388-34. PAGE 45 PLAT RECORDS OF TARRANT COUNTY, TEXAS ' [DRAINAGE OJECT: LOWER COMO CREEK DRAINAGE IMPROVEMENTS CITY PROJ. No. 01605 EASEMENT AREA: 313 S UARE FEET OR 0.007 ACRES CURTIS SMITH No. DEBT-1102.00 DRAWN BY: JCE CAD FILE: DEOT-1102.00-6PE.OWG REGISTERED PROFESSIONAL LAND SURVEYOR S JULY 1 2113 EXHOT B PAGE 1 OF 1 SCALE: 1 60' N0. 5494 TEXAS FIRM NO. 101 OORRONDONA 3 ASSOCIATES, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817-496-1768 Lot Report Wed Jul 10 15:51:52 2013 Lot File: L:\DeOtte, Inc\Survey\DEOT1102.00 - COFTW-Lower Como Drainage Channel\Cad\dwg\LOT\ CRD File: L:\DeOtte, Inc\Survey\DEOT1102.00 - COFTW-Lower Como Drainage Channel\Cad\data\DEO Lot: DE-6 Block: DE-6, Type: DRAIN PNT# Bearing Distance Northing Easting 2147 6952480.37 2305824.81 S 74 0091070 W 12.07 2148 6952477.08 2305813.20 N 10 026953• W 52.05 2149 6952528.26 2305803.76 S 23 043138• E 52.31 2147 6952480.37 2305824.81 Closure Error Distance> 0.0029 Error Bearing> S 31 010'50" E Closure Precision> 1 in 39546.9 Total Distance> 116.43 Area: 0.007 ACRES, 313 SQ. FT. Block DE-6 Total Area: 0.007 ACRES, 313 SQ. FT. Page 1 of 1 LOWER COMO CREEK DRAINAGE IMPROVEMENTS PARCEL No. 7 PE CITY PROJECT No. 01605 3900 DRISKELL BOULEVARD LOT 37-R AND 38-R, BLOCK 12, SUNSET HEIGHTS SOUTH SECTION 2 EXHIBIT`°A" Being a permanent drainage easement out of Lot 37-R and 38-R, Block 12 of Sunset Heights South Section 2 an addition to the City of Fort Worth, Tan-ant County, Texas as recorded in Volume 388-34, Page 45 of the Plat Records of Tarrant County, Texas, said permanent drainage easement also being out of a tract of land deeded to Franco and Zaida Hinojosa as recorded in County clerk's File No. D204001631 of the Deed Records of Tarrant County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the northeast corner of said tract of land deeded to Franco and Zaida Hinojosa, said point also being the southeast corner of a tract of land deeded to Kenneth J. Maxwell as recorded in Volume 7821, Page 93 of said Deed Records of Tarrant County, Texas, said point also being in the westerly right-of-way line of Driskell Boulevard (an 80.0' right-of- way), from which a 1/2 inch iron rod found for the southeast corner of a tract of land deeded to Stephen Chamberla Maxwell as recorded in Volume 8098, Page 1605 of said Deed Records of Tarrant County, Texas bears South 15 degrees 50 minutes 53 seconds East, a distance of 153.00 feet, said 1/2 inch iron rod being the northeast comer of a tract of land deeded to lames R. Carson as recorded in Volume 4186, Page 270 of said Deed Records of Tarrant County, Texas, said 1/2 inch iron rod also being in the westerly right-of-way line of said Driskell Boulevard and from which a 5/8 inch iron rod found for the northeast corner of a tract of land deeded to Bobby Teel as recorded in Volume 4552, Page 370 of said Deed Records of Tarrant County, Texas bears North 15 degrees 50 minutes 53 seconds West, a distance of 140.00 feet, said 5/8 inch iron rod being the southeast comer of a tract of land deeded to FW Westside Properties LLC as recorded in County Clerk's File No. D209 1 74 1 8 1 of said Deed Records of Tarrant County,Texas, said 5/8 inch iron rod also being in the westerly right-of-way line of said Driskell Boulevard; THENCE South 74 degrees 09 minutes 07 seconds West, with the north line of said had of land deeded to Franco and Zaida Hinojosa and with the south line of said tract of land deeded to Kenneth J. Maxwell, a distance of 149.31 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE South 12 degrees 22 minutes 33 seconds East, a distance of 70.13 feet to a point for comer in the south line of said tract of land deeded to Franco and Zaida Hinojosa, said point being in the north line of said tract of land deeded to Stephen Chamberla Maxwell; Exhibit A Page 1 of 2 THENCE South 74 degrees 09 minutes 07 seconds West,with the south line of said tract of land deeded to Franco and Zaida Hinojosa and with the north line of said tract of land deeded to Stephen Chamberla Maxwell, a distance of 17.23 feet to a point for corner in the apparent east line of an existing 40' Storm Drain Easement as recorded in Volume 388-24, Page 15 of said Plat Records of Tarrant County,Texas; THENCE North 06 degrees 52 minutes 56 seconds West, with the apparent east line of said existing 40' Storm Drain Easement, a distance of 70.87 feet to a point for corner in the north line of said tract of land deeded to Franco and Zaida Hinojosa, said point being in the south line of said tract of land deeded to Kenneth J. Maxwell; THENCE North 74 degrees 09 minutes 07 seconds East, with the north line of said tract of land deeded to Franco and Zaida Hinojosa and with the south line of said tract of land deeded to Kenneth J. Maxwell, a distance of 10.43 feet to the POINT OF BEGINNING and containing 968 square feet or 0.022 acres of land,more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. Date: July 1,2013 Curtis Smith �E 0F,,TF Registered Professional Land Surveyor '.,s r �- No. 5494 �40 CURTIS SMITH ''. 5494 X11 t Exhibit A Page 2 of 2 , EXHIBIT "B " I PARCEL No. 7 PE \ �0 5/8•IRF LINE TABLE p�g�?��a4 LINE BEARING DISTANCE \ \ FDA ccf. Q�scs d� L-1 S 12.22'33 E 70.13' L-2 S 74'09'07'W 17.23' o \ \ L-3 N 06'52'56W 70.87' t 40-R a L-4 N 74'09 07"E 10.43' \\ \\ 900 'V- 570 39_R w n \ \ i`o�ID A'�c SUNSET HEIGHTS EIGHTS a I �- " p SOUTH SECTION 2 VOLUME 388-34, PACE 45 H J P.R.T.C.T P.O.C. P.0.B. LU CL sv� 36_R PERMANENT SSEMENT AREA E ° i�`�' 1/2'IRF 968 SO. FT. OR 0.022 ACRES 10' Drum EASEMENT VOLUME 388-34. PAGE 45 P.R.T.C.T. C-270 (APPROXIMATE LOCATION) \ \ „�S4 pla° LOZ }5_R N0 A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES TINS PLAT. 60 30 0 60 2. ALL BEARNGS AND COORDNMTES ARE REFERENCED TO THE TEXAS COORDMTE SYSTEM. NAD-83. THE NORTH CENTRAL ZONE 4202. ALL DISTANCES A AREAS sllowN ARE SURFACE ND SCALE IN FEET City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIVT SHOWING A PERMANENT DRAINAGE EASEMENT OUT OF LOT 37-R AND 38-R, BLOCK 12 OF , SUNSET HEIGHTS SOUTH SECTION 2 AN ADDITION TO THE M i CITY OF FORT WORTH. TARRANT COUNTY. TEXAS AS RECORDED IN S ' VOLUME 388-34, PAGE 45 �`'• PLAT RECORDS OF TARRANT COUNTY, TEXAS PROJECT: LOWER COMO CREEK DRAINAGE IMPROVEMENTS ICITY PROD. No. 01605 DRAINAGE EASEMENT AREA: 968 SQUARE FEET OR 0.022 ACRES CURTIS SMITH JOB No. OEOT-1102.00 DRAWN BY: JCE CAD FILE. DEOT_I102.00-7PE.DWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE JULY 1 2113 EXHIBIT 8 PAGE 1 OF 1 SCALE. 1' - 60' NO. 5494 TEXAS FIRM NO. 10106900 GORRONDONA R ASSOCIATES. INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH. TX. 76118 • 817-496-1424 FAX 817-496-1788 Lot Report Thu Jul 11 16:11:18 2013 Lot File: L:\DeOtte, Inc\Survey\DEOT1102.00 - COFTW-Lower Como Drainage Channel\Cad\dwg\LOT\ CRD File: L:\DeOtte, Inc\Survey\DEOT1102.00 - COFTW-Lower Como Drainage Channel\Cad\data\DEO Lot: DE-7 Block: DE-7, Type: DRAIN PNT# Bearing Distance Northing Easting 2150 6952514.07 2305896.23 S 12 022133" E 70.13 2151 6952445.57 2305911.26 S 74 009107" W 17.23 2152 6952440.87 2305894.68 N 06 052156" W 70.87 2153 6952511.22 2305886.19 N 74 009,07" E 10.43 2150 6952514.07 2305896.23 Closure Error Distance> 0.0038 Error Bearing> S 58 056'27" E Closure Precision> 1 in 43821.0 Total Distance> 168.66 Area: 0.022 ACRES, 968 SQ. FT. Block DE-7 Total Area: 0.022 ACRES, 968 SQ. FT. Page 1 of 1 LOWER COMO CREEK DRAINAGE IMPROVEMENTS PARCEL No.8 PE CITY PROJECT No.01605 3816 DRISKELL BOULEVARD LOT 38-R AND 39-R,BLOCK 12,SUNSET HEIGHTS SOUTH SECTION 2 EXHIBIT"A" Being a permanent drainage easement out of Lot 38-R and 39-R, Block 12 of Sunset Heights South Section 2 an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-34, Page 45 of the Plat Records of Tarrant County, Texas, said permanent drainage easement also being out of a tract of land deeded to Kenneth J. Maxwell as recorded in Volume 7821,Page 93 of the Deed Records of Tarrant County, Texas, said permanent drainage easement being more particularly described by metes and bounds as follows: COMMENCING at a point for the southeast corner of said tract of land deeded to Kenneth J. Maxwell, said point also being the northeast corner of a tract of land deeded to Franco and Zaida Hinojosa as recorded County Clerk's No. D204001631 of said Deed Records of Tarrant County, Texas, said point also being in the westerly right-of-way line of Driskell Boulevard (an 80.0' right-of-way), from which a 1/2 inch iron rod found for the southeast corner of a tract of land deeded to Stephen Chamberla Maxwell as recorded in Volume 8098, Page 1605 of said Deed Records of Tarrant County,Texas bears South 15 degrees 50 minutes 53 seconds East, a distance of 153.00 feet, said 1/2 inch iron rod being the northeast corner of a tract of land deeded to James R Carson as recorded in Volume 4186, Page 270 of said Deed Records of Tarrant County, Texas, said 1/2 inch iron rod also being in the westerly right-of-way line of said Driskell Boulevard and from which a 5/8 inch iron rod found for the northeast comer of a tract of land deeded to Bobby Teel as recorded in Volume 4552, Page 370 of said Deed Records of Tarrant County, Texas bears North 15 degrees 50 minutes 53 seconds West, a distance of 140.00 feet, said 5/8 inch iron rod being the southeast corner of a tract of land deeded to FW Westside Properties LLC as recorded in County Clerk's File No. D209174181 of said Deed Records of Tarrant County, Texas, said 5/8 inch iron rod also being in the westerly right-of-way line of said Driskell Boulevard; THENCE South 74 degrees 09 minutes 07 seconds West,with the south line of said tract of land deeded to Kenneth J. Maxwell and with the north line of said tract of land deeded to Franco and Zaida Hinojosa, a distance of 149.31 feet to the POINT OF BEGINNING of the herein described permanent drainage easement; THENCE South 74 degrees 09 minutes 07 seconds West,with the south line of said tract of land deeded to Kenneth J. Maxwell and with the north line of said tract of land deeded to Franco and Zaida Hinojosa, a distance of 10.43 feet to a point for corner in the apparent east line of an existing 40' Storm Drain Easement as recorded in Volume 388-24,Page 15 of said Plat Records of Tarrant County,Texas; THENCE North 06 degrees 52 minutes 56 seconds West, with the apparent east line of said existing 40' Storm Drain Easement,a distance of 50.57 feet to a point for corner, Exhibit A Page 1 of 2 THENCE North 00 degrees 03 minutes 07 seconds East, with the apparent east line of said existing 40' Storm Drain Easement, a distance of 20.84 feet to a point for corner in the north line of said tract of land deeded to Kenneth J. Maxwell, said point being in the south line of said tract of land deeded to Bobby Teel, said point also being in the apparent west line of an existing 10' Utility Easement as recorded in Volume 388-34, Page 45 of said Plat Records of Tarrant County,Texas; THENCE South 19 degrees 14 minutes 47 seconds East, with the apparent west line of said existing 10' Utility Easement,a distance of 2.19 feet to a point for comer; THENCE South 13 degrees 04 minutes 16 seconds East, a distance of 67.89 feet to the POINT OF BEGINNING and containing 437 square feet or 0.010 acres of lard, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAD-83, The North Central Zone 4202, all distances and areas shown are surface. Date: July 1,2013 Curtis Smith , OF l Re 5494 Professional Land Surveyor CURTIS SMITH r z 5494 P�f Exhibit A Page 2 of 2 S U IR 4 EXHIBIT "B " PARCEL No. 8 PE LINE TABLE I 1� �a 4o�R 5/8-IRF LINE BEARING DISTANCE \ oc !1-141e1 '09'07W TO-.4 'L-1 S 74 o L-2 N 06'52'56"W 50.57' L-3 N 00'03'07"E 20.84' \ \ \ L-4 S 19'14'47"E 2.19' 3io j 39 R R z L-5 S 13'04'16"E 67.89' 4 \ �OZ P� \ \ I Va, 40' STORM DRAIN EASEMENT rs ter' VOLUME 388-24, PAGE 15 \ 1 ...: PJLT.C.T. (APPROXIMATE LOCATION) `oj DETAIL PERMANENT DRMNAGE a NOT TO SCALE 437 SOFT. OR :\ \ ' 0 N Z� GE 93 0.010 ACRES ;.�r� KE�ME SRS C(. P.O.C. BLOCK 12 SUNSET HEIGHTS ; ;: \ 141 Z 3a,R Q SOUTH SECTION 2 \ s 7+�•0 1^N / 01 -31- VOLUME 388-34, PACE 45 P.R.T.C.T / / w a. g W 0 N �1 -R R Z co%s 36_ 5:-j $ Q Q b V 0 a' • 1.01 36'R \ \ / 35! 1/27RF Z � / M W 10' UTILITY EASEMENT I AW CL VOLUME 3887.4 PAGE 45 CAI 210 O O (APPROXIMATE LOCATION) 3�1}� 0y Cj vol 35_R TES- 11.. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES TM PLAT. 60 30 0 60 2. ALL SEN IOS AND CDORDNATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEK NAD-83. THE NORTH CENTRAL ZONE 4202. ALL DISTANCES AND AREAS SHOWN ARE SURFACE. SCALE IN FEET City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH. TEXAS 76102 A PERMANENT DRAINAGE EASEMENT OUT OF LOT 38-R AND 39-R, BLOCK 12 OF SUNSET HEIGHTS SOUTH SECTION 2 AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED VOLUME 388-34 PAGE 45 -� PLAT RECORDS OF TARRANT COUNTY, TEXAS PROJECT: LOWER COMO CREEK DRAINAGE IMPROVEMENTS ICITY PROJ. No. 01605 :' DRAINAGE EASEMENT AREA: 437 SQUARE FEET OR 0.010 ACRES CURTIS SMITH JOB No. DEOT_1102.00 DRAWN BY: JCE I CAD FILE: OEOT_1102.00_BPE.OWG REGISTERED PROFESSIONAL LAND SURVEYOR DATE. JULY 1 2113 1 EXHIBIT B PAGE 1 OF 1 I SCALE: 1' - 60' NO. 5484 TEXAS FIRM NO. 10106900 GORRONDOMA & ASSOCIATFS, INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118 817-496-1424 FAX 817-496-1768 Lot Report Fri Jul 12 13:34:15 2013 Lot File: L:\DeOtte, Inc\Survey\DEOT1102.00 - COFTW-Lower Como Drainage Channel\Cad\dwg\LOT\ CRD File: L:\DeOtte, Inc\Survey\DEOT1102.00 - COFTW-Lower Como Drainage Channel\Cad\data\DEC Lot: DE-8 Block: DE-8, Type: DRAIN PNT# Bearing Distance Northing Easting 2154 6952431.84 2305866.98 S 74 009'070 W 10.43 2155 6952428.99 2305856.94 N 06 052156" W 50.57 2156 6952479.20 2305850.88 N 00003'07" E 20.84 2157 6952500.04 2305850.90 S 19 014'47` E 2.19 2158 6952497.97 2305851.62 S 13 004116' E 67.89 2154 6952431.84 2305866.98 Closure Error Distance> 0.0020 Error Bearing> N 50 002157^ W Closure Precision> 1 in 77097.0 Total Distance> 151.93 Area: 0.010 ACRES, 437 SQ. FT. Block DE-8 Total Area: 0.010 ACRES, 437 SQ. FT. Page 1 of 1 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July I,2011 GEOTECHNICAL ENGINEERING REPORT LOWER COMO CREEK RETAINING WALLS FORT WORTH, TEXAS GEOTECHNICAL ENGINEERING REPORT Lower Como Creek Retaining Walls Fort Worth, Texas Prepared by: ww'W449 �r A Gorrondona & Associates, Inc. Prepared for: DeOtte, Inc. 2553 East Loop 820 North Fort Worth, Texas 76118 Attention: Mr. Richard W. Deotte, PE April 2013 G&AI Project No. 13-0040 GORRONDONA&ASSOCIATES,INC.-TEXAS ENGINEERING FIRM REGISTRATION NO. F-7933 Gorrondona & Associates, Inc. April 4, 2013 Mr. Richard W. DeOtte, PE DeOtte, Inc. 2553 East Loop 820 North Fort Worth,Texas 76118 Re: GEOTECHNICAL ENGINEERING REPORT Lower Como Creek Retaining Walls Fort Worth,Texas G&AI Project No. 13-0040 Dear Mr. DeOtte: Gorrondona & Associates, Inc. (G&AI) is pleased to submit this Geotechnical Engineering Report for the above-referenced project. This investigation was performed in general accordance with the G&AI Proposal No. P11-0003 dated January 10,2011. 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, rt t Q Vivek Chikyala, P.E. 2013.04.0417:06:38-05'00' M • Vivek Chikyala, P.E. Bogies Project Engineer [)igitay signed by Taryn John OR cn=Te"Johr%o=Gonaldona& Associates.Inc.ou=GEO Fort worm enwd-tjohn@ga•inur %c-M Date 2013.0e.W 16:5&%-05W Telfryn John, P.E. Area Manager-Geotechnical, Environmental &CMT Services 7524 Jack Newell Blvd.South • Fort Worth,Texas 76118•817.496.1424 • Fax 817.496.1768 Gorrondona&Associates,Inc.—Texas Engineering Firm Registration No. F-7933 TABLE OF CONTENTS Paee 1.0 Introduction ....................................................................................................................1 2.0 Field Investigation...........................................................................................................2 3.0 Laboratory Testing..........................................................................................................3 4.0 Site Conditions................................................................................................................5 4.1 General........................................................................................................................5 4.2 Geology.......................................................................................................................5 4.3 Soil...............................................................................................................................6 4.4 Groundwater...............................................................................................................6 5.0 Analysis and Recommendations.....................................................................................7 5.1 Seismic Site Classification ...........................................................................................7 5.2 Potential Vertical Soil Movements..............................................................................7 5.3 Construction Excavations..................................................»........................................8 5.4 Groundwater Control..................................................................................................9 5.5 Earthwork.............................................................».....................................................9 5.5.1 Site Preparation ...................................................................................................9 5.5.2 Proofroll ...............................................................................................................9 5.5.3 Grading and Drainage..........................................................................................9 5.5.4 Fill....................................................................................................................... 10 5.5.5 Testing............................................................................................................... 10 5.6 Loading on Buried Structures.................................................................................... 10 5.7 Creek Bed Mattresses or Calming De vhm&............................................................... 11 5.8 Retaining Walls.......................................................................................................... 11 5.8.1 Lateral Earth Pressures...................................................................................... 11 5.8.2 Retaining Wall Foundations............................................................................... 13 5.8.3 Retaining Wall Design Safety Factors................................................................. 13 5.8.4 Soil and Rock Nail Design Parameters............................................................... 14 5.8.5 Global Stability Design Parameters.................................................................... 15 5.8.6 Review................................................................................................................ 15 6.0 Construction Observations........................................................................................... 15 7.0 General Comments....................................................................................................... 16 APPENDICES Appendix A - Project Location Diagrams Appendix B - Boring Location Diagram Appendix C - Boring Logs and Laboratory Results Appendix D - Aerial Photographs Appendix E - USGS Topographic Map Appendix F- Site Photographs Appendix G - Geologic Information Appendix H - Unified Soil Classification System GEOTECHNICAL ENGINEERING REPORT Lower Como Creek Retaining Walls Fort Worth,Texas 1.0 INTRODUCTION Project Location: The project site is located within the drainage divide ascribed to the immediate southwest of Lake Como and Lake Como Park in southwest Fort Worth. Specifically, Como Creek runs northwest to southeast immediately behind the houses and to the immediate west of Driskell Boulevard, in the vicinity of its intersection with Bonnel Avenue, in Fort Worth,Texas. The general location and orientation of the site are provided in Appendix A-Project Location Diagrams. Project Description: The project comprises the improvement of the west and east creek banks at three locations by means of the construction of retaining walls with maximum height up to 12-feet high, measured from the creek bed, each wall section approximately 200 to 300 lineal feet in length to be constructed along Como Creek. Project Authorization: Mr. Clayton T. Redinger with DeOtte, Inc., formerly authorized this geotechnical investigation and study which was thereafter performed in accordance with G&AI Proposal No. Pll-0003 dated January 10, 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. 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 ReAardina 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. Clarification will be provided verbally and/or issued by G&AI in the form of a report addendum,as appropriate. G&AI Project No.1340040 Page 1 Resort Specificity. This report was prepared to meet the specific needs of the client for the specific project identified. Recommendations contained herein should not be applied to any other project at this site by the client or anyone else without the explicit approval of G&AL 2.0 FIELD INVESTIGATION Subsurface Investigation: The subsurface investigation for this project is summarized below. Boring locations are provided in Appendix B- Boring Location Diagram. Boring Nos. Nominal Depth,feet Date Drilled Location bgs' B-02 to B-03 29 to 41 2/7/2013& Along the Proposed Retaining Walls 2/14/2013 Alignment 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. Please note that the initially proposed boring locations in the creek bed area were completely inaccessible to our equipment. Consequently, all borings were drilled on the east side of the creek along Driskell Boulevard. Boring Logs: 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 Sampling: Cohesive soil samples were generally obtained using Shelby tube samplers in accordance with American Society for Testing and Materials (ASTM) D1587. The Shelby tube sampler consists of a thin-walled steel tube with a sharp cutting 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. Consistency of Cohesive Soils: 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+. G&AI Project No.13-0040 Page 2 Granular Soil Sampling: 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 failing 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 depth of sampling. Samples were sealed and returned to our laboratory for further examination and testing. Texas Cone Penetration Test (Tex-132-E): Texas Cone Penetration (TCP)test was performed in accordance with Tex-132-E,to assess the apparent in-place strength characteristics of the subsurface materials. In the TCP test procedure, a 3-inch outside diameter (CID) steel cone driven by a 170-pound hammer dropped 24 inches(340 ft-pounds of energy). The number of blows of the hammer required to provide 12 inches of penetration, or the inches of penetration of the cone due to 100 blows of the hammer (whichever occurs first) are recorded on the field logs (reference:TXDOT, Bridge Design Manual). Rock Coring: Rock cores were generally obtained using core barrel sampling procedures in general accordance with ASTM D2113. In the core barrel procedure, a sample is obtained using a rotating hollow steel tube equipped with a coring bit. Groundwater Observations: Groundwater observations are shown on the boring logs. Borehole Plugging: 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 utilized for this project, or referenced, as appropriate, in our geotechnical and/or construction recommendations are tabulated below. G&AI Project No. 13-0040 Page 3 Geotechnical Laboratory Procedures Test Procedure Description ASTM D421 Standard Practice for Dry Preparation of Soil Samples for Particle-Size Analysis and Determination of Soil Constants ASTM D422 Standard Test Method for Particle-Size Analysis of Soils ASTM D698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort ASTM D1140 Standard Test Methods for Amount of Material in Soils Finer than the No.200(75-µm) Sieve ASTM D2166 Standard Test Method for Unconfined Compressive Strength of Cohesive Soil ASTM D2216 Standard Test Method for laboratory Determination of Water(Moisture)Content of Soil and Rock by Mass ASTM D2217 Standard Practice for Wet Preparation of Soil Samples for Particle-Size Analysis and Determination of Soil Constants ASTM D2487 Standard Classification of Soils for Engineering Purposes(Unified Soil Classification System) ASTM D2488 Standard Practice for Description and Identification of Soils(Visual-Manual Procedure) ASTM D2850 Standard Test Method for Unconsolidated-Undrained Triaxial Compression Test on Cohesive Soil ASTM D4220 Standard Practices for Preserving and Transporting Soil Samples ASTM D4318 Standard Test Methods for Liquid Limit,Plastic Limit and Plasticity Index of Soils ASTM D4546 Standard Test Methods for One-Dimensional Swell or Settlement Potential of Cohesive Soils ASTM D4643 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 THIS SPACE LEFT INTENTIONALLY BLANK G&AI Project No.13-0040 Page 4 4.0 SITE CONDITIONS 4.1 General Review of Aerial Photographs: Historical aerial photographs of the site were reviewed for potential past alterations to the site which could impact geotechnical design conditions. Specifically, aerial photographs were reviewed to visually assess obvious areas of significant past cut or fill on site. Reviewed aerial photographs are included in Appendix D - Aerial Photographs. Aerial photographs were reviewed for years 2012, 2011,2008, 2005 and 2001. Aerial photographs indicate the existing residences and other features in the vicinity of the site are located since at least 2001. Our review revealed no obvious areas of significant cut or fill on-site. Due to the intermittent nature and relatively low resolution of aerial photographs, as well as our lack of detailed information regarding the past land use of the site, our review should not be interpreted as eliminating the possibility of cuts and/or fills on site which could detrimentally affect future construction. Surface Terrain Conditions: The drainage divide which defines Como Creek for this project is heavily overgrown with trees and vines, as well as being littered with some debris. Partially exposed rock appeared to be present at or near the creek bed in limited locations. Topography: A United States Geological Survey (USGS) topographic map of the site is provided in Appendix E- USGS Topographic Map. The map indicates the site slopes towards the creek from both the west and east sides of the proposed retaining walls. In general, the creek bed is some 15 to 20 feet lower than surrounding ground. Site Photographs: Photographs were taken during our drilling operations on Driskell Boulevard. However, please note that these are not representative of the creek bank and creek bed conditions at the time of this investigation, since this area was completely inaccessible. The referenced photographs are provided in Appendix F - Site Photographs. Photographed conditions are consistent with the aerial photographs and topographic map. 4.2 Geology Geologic Formation: Based on available surface geology maps and our experience, it appears this site is located near the mapped contact of the Duck Creek Limestone, Kiamichi Formation and the alluvium deposits associated with the Trinity River system. A geologic atlas and USGS formation description are provided in Appendix G - Geologic Information. The Duck Creek Limestone Formation consists of limestone. The Kiamichi Formation consists of day, mud, limestone and sandstone.The alluvium deposits consist of sand, silt, clay, mud and gravel. Geologic Faults: A geologic fault study was beyond the scope of this investigation. G&AI Project No.13-0040 Page 5 4.3 Soil Stratiltraohv: 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 H - Unified Soil Classification System. A brief summary of the stratigraphy indicated by the borings is provided below. Generalized Subsurface Conditions Along the Proposed Retaining Walls Alignment(From Street Elevation) (Borings B-01 to B-03) Nominal Depth,feet bgs (Exce t as Noted) General Detailed Description of Top of Bottom of Description Soils/Materials Encountered Layer Layer 0 0 to 18-inch ASPHALT ASPHALT AND BASE at the surface of borings B-02 and B-03 0 to 18- 24 to 32 LEAN CLAY AND FAT Soft to hard SANDY LEAN CLAY(CL),firm to very stiff inch CLAY LEAN CLAY WITH SAND(CL),Stiff to hard SANDY FAT CLAY(CH)and stiff to hard FAT CLAY WITH SAND(CH). 24 to 32 29 to 41 LIMESTONE Very poor to fair quality LIMESTONE. (Duck Creek Limestone and Kiamichi Formation) Note: Nominal Boring Termination Depth=29 to 41 feet bgs. Swell Potential based on Atterberg Limits. Atterberg (plastic and liquid) limits were performed on two shallow soil samples obtained at depths between 2-and 10-feet bgs. The plasticity index of the samples was 35 and 36 with an average of 36 indicating that the soils have a high potential for shrinking and swelling with changes in soil moisture content. 4.4 Groundwater Groundwater Levels: Groundwater was encountered in boring B-03 during the dry advancement. Groundwater was not encountered in boring B-01 and was not encountered during the dry advancement of boring B-02. Water, introduced into borings B-02 and B-03, aided in rock coring operations. Groundwater may have been present in boring B-02, but not detected. Groundwater levels encountered in the borings during this investigation are identified below. Boring No. Depth Groundwater Initially Groundwater Depth after 15 Minutes Encountered(feet, Beet,b B-01 Not Encountered Not Encountered B-02 Not Encountered During Dry Not Encountered During Dry Advancement Advancement B-03 13.5 1 12.5 G&AI Project No. 1343040 Page 6 By and large, we believe the presence of groundwater will be most likely noted at or slightly above the top of rock which here and there may crop out along the creek bed. Long-term Groundwater Monitoring: 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. Groundwater Fluctuations: 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 2012 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 20.3-1 of ASCE 7-10, the seismic site classification for this site is D. 5.2 Potential Vertical Soil Movements TxDOT Method Tex-124-E: Potential Vertical Rise (PVR) calculations were performed in general accordance with Texas Department of Transportation (TxDOT) Method Tex-124-E. The Tex-124-E method is empirical and is based on the Atterberg limits and moisture content of the subsurface soils. The calculated PVR is an empirical estimate of a soil's potential for swell based upon the soil's plasticity index, applied loading (due to structures or overburden), and antecedent moisture condition. The wetter a soil's antecedent moisture condition,the lower its calculated PVR will be for a given plasticity index and load. However, soil with higher antecedent moisture content will be more susceptible to shrinkage due to drying. Maintaining consistent moisture content in the soil is the key to minimizing both heave and shrinkage related structural problems. Calculated PVR using TxDOT Method Tex-124-E: The PVR calculated using TxDOT Method Tex-124-E is about 2.5-inches assuming an average antecedent moisture condition. The calculated PVR is consistent with soil moisture conditions at the time this investigation was conducted. Please note, however, this applies to soil conditions projected to be present in the creek bank, not creek bed. G&AI Project No. 13-0040 Page 7 Soil Moisture Confirmation Prior to Construction: Calculated PVR can vary considerably with prolonged wet or dry periods. Moisture content of the clay soil present in the creek banks should preferably maintain its stability as long as possible prior to, during and after construction. We recommend these soils be assessed for consistency with this report prior to construction if: (1) an extended period of time has elapsed between the performance of this investigation and construction of the foundation, or (2) unusually wet or dry weather is experienced between the performance of this investigation and construction of the foundation. 5.3 Construction Excavations Sloped Excavations: All sloped short-term construction excavations on-site should be designed in accordance with Occupational Safety and Health Administration (OSHA) 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: 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 equivalent fluid 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 O.S. 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 unshored excavation should be open at any one time to prevent the possibility of failure and excessive ground movement to occur. We also recommend that unshored 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. G&AI Project No. 134)040 Page 8 5.4 Groundwater Control Groundwater was encountered at depths as shallow as 12.5-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. 5.5 Earthwork S.S.1 Site Preparation In the area of improvements, creek bed preparation for gabion mattresses or other flood stage flow calming devices, concrete, trees, stumps, brush, other debris, roots, vegetation, rubbish and any other undesirable matter should be removed and properly disposed. All vegetation should be removed, including areas depicted for retaining wall foundations and the exposed surface should be scarified to an additional depth of at least 6 inches. It is the intent of these recommendations to provide a loose surface with no features that would tend to prevent uniform compaction by the equipment to be used. S.S.2 Proofroll Retaining wall foundations, and/or creek bed subgrades should be proofrolled with a fully loaded tandem axle dump truck or similar pneumatic-tire equipment to locate areas of loose subgrade. In areas to be cut, the proofroll should be performed after the final grade is established. In areas to be filled, the proofroll should be performed prior to fill placement. Areas of loose or soft subgrade encountered in the proofroll should be removed and replaced with engineered fill, moisture conditioned (dried or wetted, as needed) and compacted in place. S.S.3 Grading and Drainage Every attempt should be made to limit the extreme wetting or drying of the subsurface soils because swelling and shrinkage of these soils will result. Standard construction practices of providing good surface water drainage should be used. A positive slope of the ground away from any foundation should be provided G&AI Project No.134)040 Page 9 5.5.4 Fill Applicability: Recommendations below apply to the creek bed preparation for deployment of gabion mattresses or similar calming devices placed between the retaining walls, as well as the subgrade preparation for retaining wall foundations. Fill: General fill should consist of material approved by the Geotechnical Engineer with a liquid limit less than 50. General fill should be placed in loose lifts not exceeding 8-inches and should be uniformly compacted to a minimum of 95 percent maximum dry density (per ASTM D-698) and within t2 percent of the optimum moisture content. Fill Restrictions: Fill should consist of those materials meeting the requirements stated. Fill should not contain material greater than 4-inches in any direction, debris, vegetation, waste material, environmentally contaminated material,or any other unsuitable material. Unsuitable Materials: Materials considered unsuitable for use as fill include low and high plasticity silt (ML and MH), silty clay (CL-ML), organic clay and silt (OH and OL) and highly organic soils such as peat (Pt). These soils may be used for site grading and restoration in unimproved areas as approved by the Geotechnical Engineer. Soil placed in unimproved areas should be placed in loose lifts not exceeding 10-inches and should be compacted to at least 92 percent maximum dry density (per ASTM D-698) and at a moisture content within ±4 percentage points of optimum. 5.5.5 Testing Field compaction tests should be performed in each lift of the compacted material. We recommend the following minimum soil compaction testing be performed: one test per lift per 5,000 SF in the retaining wall areas, and one test per lift per 100 linear feet of utility backfill. If the materials fail to meet the density or moisture content specified, the course should be reworked as necessary to obtain the specified compaction. G&AI cannot assume responsibility or liability for recommendations provided in this report if construction inspection and/or testing is Performed by another party. 5.6 Loading on Buried Structures Uplift: Buried structures are subjected to uplift forces caused by differential water levels adjacent to and within the structure. For design purposes, we recommend the groundwater level be assumed at the ground surface. Resistance to uplift pressure is provided by soil skin friction and the dead weight of the structure. Skin friction should be neglected for the upper 3 feet of soil. A skin friction of 200 pounds per square foot (psf) may be used below a depth of 3 feet. G&AI Project No. 13-0040 Page 10 Lateral Pressure: Lateral pressures on buried structures due to soil loading can be determined using an equivalent fluid weight of 95 pounds per cubic foot (pd). This includes hydrostatic pressure but does not include surcharge loads. The lateral load produced by a surcharge may be computed as 50 percent of the vertical surcharge pressure applied as a constant pressure over the full depth of the buried structure. Surcharge loads located a horizontal distance equal to or greater than the buried structure depth may be ignored. Vertical Pressure: Vertical pressures on buried structures due to soil loading can be determined using an equivalent fluid weight of 130 pd. This does not include surcharge loads. The vertical load produced by a surcharge may be computed as 100 percent of the vertical surcharge pressure applied as a constant pressure over the full width of the buried structure. 5.7 Creek Bed Mattresses or Calming Devices Designers should note that any mattresses or alternate calming devices such as large angular stone (6-inches and above) should be placed directly upon a non-woven geotextile fabric such as Mirafi 14ON sitting atop the subgrade or fill in order to limit any contamination of the stone during an storm event. 5.8 Retaining Walls Applicability: Recommendations provided in this section are applicable to retaining walls planned along the existing Lower Como Creek. Based on information provided by the Client the retaining wall type has not been decided at the time of writing this report. Redi-Rock gravity walls and reinforced earth walls are being considered at this time. Geotechnical recommendations for design of retaining walls are provided in sections below. 5.8.1 Lateral Earth Pressures Proposed gravity walls and earth reinforced walls should be designed to resist the expected lateral earth pressure. The design of retaining walls should be performed based on equivalent fluid pressure values provided herein. The equivalent fluid pressure values provided in this section assume a horizontal ground surface extending back from the top of wall. The values provided herein are not applicable to inclined backfill. The lateral earth pressures due to an inclined backfill could be significantly greater than the values provided herein. G&AI should be contacted to evaluate the stability of retaining walls with inclined backfill and corresponding lateral earth pressure recommendations. GUI Project No.13-0040 Page 11 Equivalent Fluid Pressures Equivalent Fluid Pressure-Horizontal Ground Surface Extending Backward from the Top of the Wall iilai21 At-Rest Pressure(pcf) Active Pressure(pcf) (2) Type of Backfill Below Above Below Above Water Water Table Water Table Water Table Table Non-Select Backfill — Over-excavated on-site lean clays to fat clays(CL to CH)free of organics and other deleterious material that is compacted to at least 95 percent of the Standard Proctor Density (ASTM D698 or Tex 70 100 90 110 114-E)and within two percentage points of the optimum moisture content. Unit Weight 130 pcf and Friction Angle of 18° ka=0.53;ko=0.69 Select Backfill — Material meeting the TxDOT Standard Specification Item 423.3, Types A or Type D Select Backfill that is compacted to at least 95 percent of the Standard Proctor Density (ASTM D698 or Tex 114-E) and within 35 80 55 90 two percentage points of the optimum moisture content. Unit Weight 120 pcf and Friction Angle of 34° k,=0.28;k,=0.44 Cement-Stabilized Backfill — Material meeting the TxDOT Standard Specification Item 423.3, Cement-Stabilized Backfill that is compacted to at least 95 percent Maximum Density as 20 70 35 80 determined by ASTM D558 or equivalent. Unit Weight 120 pcf and Friction Angle of 45° k,=0.17;ko=0.30 Notes: (1) The active earth pressure assumes that the top of the walls are not rigidly restrained,and the walls are not sensitive to some movement.The at-rest condition assumes the walls are restrained at top. (2) The values provided are to the nearest 5 pcf. (3) k,=Coefficient of Active Earth Pressure;ko=Coefficient of At-Rest Earth Pressure The above lateral pressures include hydrostatic pressure but do not include surcharge loads. The lateral load produced by a surcharge may be computed as 50 percent of the vertical surcharge pressure applied as a constant pressure over the full depth of the retaining wall. Surcharge loads set back behind the retaining structure at a horizontal distance equal to or greater than the structure height may be ignored. G&AI Project No. 13-0040 Page 12 5.8.2 Retaining WaH Foundations Bearing Capacity for Retaining Wall Footings: New retaining walls may be designed to be supported using shallow spread/strip footing foundations. Foundations should bear on engineered fill, native day soil, and/or exposed bedrock at depth of penetration below the creek bed of at least 3-feet. Foundations bearing on engineered fill can be designed using an allowable bearing pressure of 2,000 psf (Factor of Safety FS=3). Foundations bearing on native soils can be designed using an allowable bearing pressure of 3,000 psf (Factor of Safety, FS=3). Foundations bearing on exposed rock can be designed using an allowable bearing pressure of 4,000 psf (Factor of Safety, FS=3). Regardless, a minimum strip footing width of 18-inches should be used. The above bearing pressure is applicable for footings bearing at a minimum depth of 3-feet below the surrounding site grade. In some cases, greater foundation depths may be necessary for global stability of the planned wall. G&AI should be contacted to review foundation deaths and global stability of retaining walls once the final proiect clans are available. Lateral Resistance: Resistance to lateral loads may be provided by the soil adjacent to the structure. We recommend using an allowable uniform passive pressure of 300 psf for footings bearing laterally against engineered fill. For the portion of a footing bearing laterally against site soils an allowable uniform passive pressure of 1,000 psf may be used. An allowable coefficient of sliding friction of 0.20 (Factor of Safety FS=2) between the concrete footings and underlying soils may be combined with the passive resistance. 5.8.3 Retaining Wall Design Safety Factors The proposed retaining walls should be designed for minimum safety factors according to the TOOT Geotechnical Manual. The TOOT recommended minimum safety factors are provided in table below. TxDOT Recommended Minimum Safety Factors Condition Minimum Safety Factor Sliding along the Base 1.5 Overturning about the Toe 2.0 Bearing Capacity 2.0 Global Stability 1.3 G&41 should be contacted to evaluate the retainina wall global stability once the final plans are available. G&AI Project No.1340040 Page 13 SA4 Soil and Rock Nail Design Parameters Applicability: Fat clay, lean clay and limestone were encountered within the zone of interest during the subsurface investigation. Recommendations provided in this section are applicable to proposed soil nail walls and rock nail walls. Soil Nails: Soil nailing may be considered to allow the safe over-steepening of new or existing soil slopes. Solid bars may be installed into pre-drilled holes through the phased height construction of the retaining walls. These should then be grouted into place using a separate grout line. Bars installed using drilling techniques may be fully grouted and installed at a slight downward inclination for bars installed at regularly spaced points across the wall slope face. Wall rigid facing (often pneumatically applied concrete or shotcrete) and/or isolated soil nail head plates may be used at the surface. Soil nail anchors should be designed per TxDOT specifications and should meet the following minimum requirements: b 6-inch hole diameter b No. 6,Grade 60,epoxy-coated, threadbar steel, b Minimum 6-inch clear cover from any obstruction, b Designed using a limit state equilibrium program such as Goldnail or Snail-Z,and b Friction angle of 20 degrees and cohesion of 100 psf for design of the soil nail anchors Rock Nails: Rock nail anchors should also be designed in accordance to TxDOT specifications and minimum factors of safety. Specifically, where localized rock exposures present the opportunity to use rock nail anchors, they should meet the following minimum requirements: b flinch hole diameter b No. 6,Grade 60,epoxy-coated,threadbar steel, b Minimum 6-inch clear cover from any obstruction, b Maximum nail spacing S-feet vertical,S-feet horizontal,and b Friction angle of 30 degrees and cohesion of 100 psf for design of the rock nail anchors Retaining Wall Design: G&AI requests that we also have the opportunity to review the chosen wall design type and backfill in order to confirm these recommendations. G&AI Project No.13-0040 Page 14 5.95 Global Stability Design Parameters Global stability should include an assessment of the long-term case. The following design parameters may be utilized for analysis purposes. Long-Term Depth(FT) soil Type Cohesion(psf) Friction(deg) 0-32 Clay Type 100 18 Soils 32-40 Tan 10,000 0 Limestone We recommend an equivalent soil and rock unit weight of 130 pcf be assumed for all analyses. Groundwater was encountered as shallow as 12.5-feet bgs during the subsurface exploration. Exterior loading due to traffic/structural loads should be included in the analyses. 5.8.6 Review Once the final plans are available, G&Al should be contacted to review and perform a global stability analysis. 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 engineer must assume subsurface conditions are similar to those encountered in the borings.Anomalies in subsurface conditions are often revealed during construction. It is proposed that construction phase observation and materials testing commence by the project geotechnical engineer (G&AI) 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. G&AI Project No.13-OW Page 15 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, 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. 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 practicing in the same or similar locality. No warranty, expressed or implied, is made or intended. G&AI Project No. 13-0040 Page 16 Appendix A - Project Location Diagrams a e i r lk r dl 41 kk ` All -• _} tom;' - +' - _ '� 1p als tT co 7 00 „'• + eA 6 • i g � _ 's• b ,r • e- .. • w v 4, y�M . rrJ • ; i •r • 'r ` Ya �. � ° ±� `- • � *� as It , IL {1W • z • ° 1 � 4. r F The dk qp F* A qr M - a la am. * r • • t 'en •. • r , ra'�r' + , AIPL QPP co ivml P f + r tT , y • ••_ 1 A r- • r Appendix B - Boring Location Diagram �t 4# A i 4 dop • i+t 1p # . ti 46c) r. CD e 1 • � v wS-g?,c nA N . - C CG p Appendix C - Boring Logs and Laboratory Results 13 G«toncl«,a&Asses BORING NUMBER B-01 11710 North Freeway,Suite 700.Houston.TX 77060 PAGE 1 OF 1 7524 Jack Newel Blvd.So.Fart Worth.Terns 76118 Telephone: HOU:281469-3347;FW:817-496-1424 Fax HOU:281-469.3594;FW:817-496-1768 CLIENT DeOtte,kr- PROJECT NAME Lower Como Crook Retaining Wals PROJECT NUMBER 13-0040 PROJECT LOCATION Fart W",Twos DATE STARTED 217113 COMPLETED 2!7113 GROUND ELEVATION HOLE SIZE CONTRACTOR StrafaBore GROUND WATER LEVELS: METHOD Auger INITIALLY ENCOUNTERED LOGGED BY Shawn Green CHECKED BY Vrielk Chikyala AFTER 15 MIN. --- NOTES AFTER — G a r2 w ?m w ae LIMITS w Ujm a wo 3Z� ac �L ~� Sri L) z a c a O MATERIAL DESCWPTION w U >O 0 w > o, c 5 Z w H H U x v X -Z ui mUZ E r O 2' cy J �J ? LL «QQ2nn Ua(n a s � 0 SANDY FAT CLAY(CH)-Stitf to had,brown ST 3.0 16 and light brown,with limestone. ST 4.5+ 12 ST 4.5+ 18 ST 4.5+ 9 53 18 35 61 10 ST 4.5+ 10 16-17-20 g (37) / SANDY LEAN CLAY(CL)-Had,brown,with ST 4.5+ 14 20 f/ limestone. o /� LU ST 4.5+ 13 IL %f4 LIMESTONE-Hard,lot gray. SS 5013' 5 (Dick Creek Limestone and I Ciarm-h Farmahop) Bottom of hole at 28.7 feet- IL d J z Z 2 w Y W oU O V C O 0 .8 6 N>_ W K 5 W a U F Gorrondona&Associates BORING NUMBER 8-02 11710 North Freeway,Suite 700,Houston,TX 77060 A 7524 Jack Newell Blvd.So,Fort Worth,Texas 76118 PAGE 1 OF 1 Telephone: HOU:281-469-3347:FW:817-496-1424 Fax HOU:281.469.3594;FW:817-496-1768 CLEW DeOtte;Inc. PROJECT NAME Lower Cann Creek Retaining Walls PROJECT NUMBER 13.0040 PROJECT LOCATION Fat Wash,Texas DATE STARTED 2114113 COMPLETED 2114113 GROUND ELEVATION HOLE SIZE CONTRACTOR Sb'ataBore GROUND WATER LEVELS: METHOD Auger 0 to 25 feet,Rock Coring 25 b 40.72 feet INITIALLY ENCOUNTERED — LOOOED BY Lee Gurecky CHECKED BY VhFek Chikyals AFTER 15 MIN. — NOTES AFTER — ATTERBERG f- a z •c uj a2 LIMITS W U X } Wa W W 2 w ��3.W jr F- a z �� a. MATERIAL DESCRIPTION u U j O 0 j w y >3 L i 2- W fv—.�- v X 0 aQ c a= Oa m > Yv rc�- o �� �W Wv c�z 8 o o 20 of -i i w Z oC a U kn D U J a - z CL a 3-Inch ASPHALT over 9-Inch base at surface. FAT CLAY WITH SAND(CH)AND SANDY FAT ST 3.0 0.2 17 CLAY(CH)-Stiff to very stiff,gray,with iron ST 3.5 02 18 51 15 36 79 nodules and limestone. ST 3.0 02 18 ST 3.5 0.2 3.5 111 19 10 ST 4.0 02 18 LEAN CLAY WITH SAND(CL)AND SANDY ST 3.5 0.2 19 LEAN CLAY(CL)-Firm to very stiff.tan,brown and gay,with calcareous nodules,iron nodules and knesbne. 20 ST 1.5 0.08 17 41 13 28 72 c With limestone seams at 22 b 24 feet. q ST 14 5 LIMESTONE-Poor to fair quality,gay. (50/0.5"} (Duck Creek limestone and ICaxrm*A maebon) rR (501025") (57) 30 d (�•� 0 J 3 RC 100 i (28) z W [C 40 W ¢ Bottom of hole at 40.7 feel (5010.25"} U (50/0.25") U Q 3 0 0 a rr S W a U GorrorKlona&Assoaates BORING NUMBER B-03 11710 North Freeway.Suite 700,Houston.TX 77060 PAGE 1 OF 1 A 7524 Jack Newell Blvd.So,Fort Worth,Texas 76118 Telephone: HOU:281-469-3347;FW:817-496-1424 Farc HOU:281-489.3594;FW:817-496-1768 CLEW DeOtte,Ino. PROJECT NAME Lower Corso Creek Retaining Waft PROJECT NUMBER 13-0040 PROJECT LOCATION Fort W^Texas DATE STARTED 2/14/13 COMPLETED 2/14/13 GROUND ELEVATION HOLE SIZE CONTRACTOR SVataBore GROUND WATER LEVELS: METHOD Auger 0 to 34.75 feet,Rock Coring 34.75 b 41.375 feet INITIALLY ENCOUNTERED 13.5 ft LOGGED BY Lee Guredcy CHECKED BY Vrvek CNkyala AFTER 15 HMI. 12.5 ft NOTES AFTER-� ATTERBERG r- rar Wai w w LIMITS w �.� d Wm a W� OZ' F-H �` �L c � �2 Ci U x 0^ MATERIAL DESCRIPTION -i U >O a.o.s= w. w H r- cv Uj QZ Wv UZ O O V `- >' 06 �� � ~2 W US cc a a O U '� a — 2 a IL 3-inch ASPHALT over 15-inch base. AU FAT CLAY WITH SAND(CH)AND SANDY FAT ST 4.5+ 2`3± 19 CLAY(CH)-Stiff to hard,clerk gray and brown. ST 4.5+ 2.3+ 17 wish calcareous nodules,iron nodules and imestaw. ST 4.5+ 2.3+ 5.4 116 16 ST 12 10 ST 2.5 0.1 20 SANDY LEAN CLAY(CL)-Soft to stiff,brown, ST 0.75 0.05 21 41 12 29 61 J� with inreslone. 20 ST 1.0 0.08 23 a o / n cog 13-11-9 25 30 ST 13 — (50m LMuck IMES/�T�jO�pN��yE l Very poor qualiikyy,�gra�y}.�.�{� J Oask Lkwslone and Krwn dii Farmabon) 150/0.25 z 90 z rRC W (21) K 40 Y W Bottom of hole at 41.4 feet- 0 � -) U S O J O w� W 7 F S IL Appendix D-Aerial Photographs t � N log C ,_� CD CD cu Ld CA w r E • � �J N w} C y • Z, - _T °' in C ,11 i M • = r w fix- ti, T [� J r a .4 [ i flt y a .s ►" °� ft �- � � • f r# t Im r.M'E�,V�iE[v -� pf • s d" . At •� � ! ' ■ C sRF .4r 41 H�f.1,F•..r • 1 • z \4S � � - � 4 Ae 14 Ln :; pw VS • fo k ' rri ! T i • • • �j� �" � �s • i . f IL v i a A ci) r IL 'R " �a • 'fY a� It qr 14 � r ae • � q = r s Aw- Ae dt f 'a S kLn 40 A fie; • y.�r �-- r.� _ •� i �- : x �'S 7 > • Appendix E - USGS Topographic Map �Q is 10L I �/r s s � .pill r`tea .I IM to MWO 1 I � b � • V � a 1I9 • . f r Z t •• L jot w , F I � Jd F CL dt t s r: •. I ' • � ' ��r f I �-' L o. Appendix F - Site Photographs 0 �* m c all to r _ t� • .— i. ., m 3 a 'c oac t9 � = u CL ° W p H u Vf 3 ° J N s + m ti k N m m 41 .x it r i c r LL L r O qT O M V-1 O Z �O n. Appendix G -Geologic Atlas and Formation Description a tl }�a O "Em m 3 tko vs c a cc u o E W UJ u° d O Ar R • � V I� J m T-f -7 O Z Z a _ �o i M" '_ ' Mineral Resources On-Line Spatial Data Mineral Resources > Online Spatial Data > Geology > by state > Texas Duck Creek Limestone Duck Creek Limestone state Texas Name Duck Creek Limestone Geologic age Phanerozoic I Mesozoic I Cretaceous-Early [Comanchean] Original map label Kdc comments Duck Creek--Limestone, aphanitic, in part bioclastic, locally burrowed, pyrite nodules up to 0.2 ft, beds 0.2-2 ft thick, pinch and swell, md. gray to yell gray; weathers dk gray with yell-brn patches. marine megafossils are Gryphaea and ammonites; thickness 30 -100 ft. Primary rock We limestone Secondary rock type Other rock types Lithologic constituents Major Sedimentary > Carbonate > Limestone (Bed) Sedimentary > Carbonate > Limestone (Bed) 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 Bureau of Economic Geology, 1972, Dallas sheet, Geologic Atlas of Texas, Bureau of Economic Geology, University of Texas at Austin, scale 1:250,000. Bureau of Economic Geology, 1967, Sherman Sheet, Geologic Atlas of Texas: University of Texas at Austin, Bureau of Economic Geology, scale 1:250,000. Geographic coverage Bailey - Hood - Johnson - Lamb - Parker - Tarrant Show this information as [XML] LAMIM 1/ f f F 1 Mineral Resources On-Line Spatial Data Mineral Resources > Online Spatial Data > Geology > by state > Texas Kiamichi Formation Kiamichi Formation state Texas Name Kiamichi Formation Geologic age Phanerozoic I Mesozoic I Cretaceous-Early [Comanchean] Original map label Kki Comments Kiamichi--clay and limestone in alternating units 0.1-5 ft thick; some sandstone. Clay, calcareous, olive brown, about 2/3 of formation. Limestone, mostly aphanitic and bioclastic, fetid, nodular-weathering. Sandstone fine- grained, mod.well sorted, calcareous, burrowed, beds 0.1-0.2 ft thick. Marine fossils are Gryphaea, some Pecten in sandstone. Thickness of Kiamichi Fm 20-50 ft thins southward in Dallas Sheet (1972). Primary rock type clay or mud Secondary rock type limestone Other rock types sandstone Lithologic constituents Major Unconsolidated > Fine-detrital > Clay (Bed) Minor Sedimentary > Clastic > Sandstone (Bed) Sedimentary > Carbonate > Limestone (Bed) 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 Bureau of Economic Geology, 1972, Dallas sheet, Geologic Atlas of Texas, Bureau of Economic Geology, University of Texas at Austin, scale 1:250,000. Bureau of Economic Geology, 1967, Sherman Sheet, Geologic Atlas of Texas: University of Texas at Austin, Bureau of Economic Geology, scale 1:250,000. ---- -----' ----` Bureau of Economic Geology, 1983, Lubbock Sheet, Geologic Atlas of Texas: University o[Texas atAustin, Bureau ofEconomic Geology, scale 1:258,000. - --- Freeman, \/'L., 1964, Geologic map of the Indian Wells quadrangle, Terrell and Brewster Counties, Texas: U.S. /3eV|Ogi[a| Survey Miscellaneous Investigations Series Map l-395. [http://DubS.er.usgs.guv/pubhcation/i]95l Geographic coverage Bailey - Cooke - Denton - Grayson - Hood - Johnson - Lamb - Lynn - Montague - Parkmr - Tarrant - Wise Show this information as [)(M[] U.S. Department of the Interior | U.S. Geological Survey URL: http://rnrdata.uSgS.gOv/geo|Vgy/st0te/5gnnC-unit.php?un|t=TXKhi;0 Page Contact Information: Peter Schweitzer LAM WiritRI) i r r r Mineral Resources On-Line Spatial Data Mineral Resources > Online Spatial Data > Geology > by state > Texas alluvium alluvium state Texas Name alluvium Geologic age Phanerozoic I Cenozoic I Quaternary I Holocene Original map label Qa I Comments alluvium and low terrace deposits along streams, sand, silt, clay, and gravel. Thickness variable. The unit appears on Geologic Map of Texas on the lagoon side of barrier islands where they represent lagoon and wind- tidal-flat sand and clay. These deposits of clay and silty, clayey fine to v. fine quartz sand and shell sand accumulate on alternately dry and flooded barren flats 0.3 m below to 1 m above mean sea level. Mapped areas include active eolian sand dunes on the landward side of barrier islands. Primary rock type sand Secondary rock type silt Other rock types clay or mud; gravel Lithologic constituents Major Unconsolidated > Coarse-detrital (Alluvial) Unconsolidated > Fine-detrital (Alluvial) 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 Bureau of Economic Geology, 1974, Austin Sheet, Geologic Atlas of Texas, University of Texas, Bureau of Economic Geology, scale 1:250,000. Bureau of Economic Geology, 1974, San Antonio Sheet, Geologic Atlas of Texas, University of Texas, Bureau of Economic Geology, scale 1:250,000. Bureau of Economic Geology, 1976, Crystal City-Cagle Pass Sheet, Geologic Atlas of Texas, University of Texas, Bureau of Economic Geology, scale 1:250,000. Bureau of Economic Geology, 1972, Dallas sheet, Geologic Atlas of Texas, Bureau of Economic Geology, University of Texas at Austin, scale 1:250,000. Bureau of Economic Geology, 1967, Palestine 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. Bureau of Economic Geology, 1968, Beaumont Sheet, Geologic Atlas of Texas, Bureau of Economic Geology, University of Texas at Austin, scale 1:250,000. Bureau of Economic Geology, 1975, Corpus Christi Sheet, Geologic Atlas of Texas, Bureau of Economic Geology, University of Texas at Austin, scale 1:250,000. 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. Bureau of Economic Geology, 1982, Houston Sheet, Geologic Atlas of Texas, Bureau of Economic Geology, University of Texas at Austin, scale 1:250,000. Geographic coverage Anderson - Andrews - Angelina - Aransas - Archer - Armstrong - Atascosa - Austin - Bastrop - Baylor- Bee - Bell - Bexar- Blanco - Borden - Bosque - Bowie - Brazoria - Brazos - Brewster - Briscoe - Brooks - Brown - Burleson - Burnet - Caldwell - Calhoun - Callahan - Cameron - Camp - Cass - Chambers - Cherokee - Childress - Clay - Coke - Coleman - Collin - Collingsworth - Colorado - Comal - Comanche - Concho - Cooke - Coryell - Cottle - Crane - Crockett - Crosby - Culberson - Dallam - Dallas - Dawson - Deaf Smith - Delta - Denton - DeWitt - Dickens - Dimmit - Donley - Duval - Eastland - Ector- Edwards - Ellis - El Paso - Erath - Falls - Fannin - Fayette - Fisher- Floyd - Foard - Fort Bend - Franklin - Freestone - Frio - Galveston - Garza - Gillespie - Glasscock - Goliad - Gonzales - Gray - Grayson - Gregg - Grimes - Guadalupe - Hale - Hall - Hamilton - Hansford - Hardeman - Hardin - Harris - Harrison - Hartley - Haskell - Hays - Hemphill - Henderson - Hidalgo - Hill - Hood - Hopkins - Houston - Howard - Hudspeth - Hunt - Hutchinson - Irion - Jack - Jackson - Jasper - Jeff Davis - Jefferson - Jim Hogg - Jim Wells - Johnson - Jones - Karnes - Kaufman - Kendall - Kenedy - Kent - Kerr - Kimble - King - Kinney - Kleberg - Knox - Lamar- Lampasas - La Salle - Lavaca - Lee - Leon - Liberty - Limestone - Live Oak - Llano - Loving - Lubbock - McCulloch - McLennan - McMullen - Madison - Marion - Martin - Mason - Matagorda - Maverick - Medina - Menard - Midland - Milam - Mills - Mitchell - Montague - Montgomery - Morris - Motley - Nacogdoches - Navarro - Newton - Nolan - Nueces - Oldham - Orange - Palo Pinto - Panola - Parker - Pecos - Polk - Potter - Presidio - Rains - Randall - Reagan - Red River - Reeves - Refugio - Roberts - Robertson - Rockwall - Runnels - Rusk - Sabine - San Augustine - San Jacinto - San Patricio - San Saba - Schleicher - Scurry - Shackelford - Shelby - Sherman - Smith - Somervell - Starr - Stephens - Sterling - Stonewall - Sutton - Tarrant - Taylor - Terrell - Throckmorton - Titus - Tom Green - Travis - Trinity - Tyler- Upshur - Upton - Uvalde - Val Verde - Van Zandt - Victoria - Walker - Waller - Ward - Washington - Webb - Wharton - Wheeler - Wichita - Wllbarger - Willacy - Williamson - Wilson - Winkler - Wise - Wood - Young - Zapata - Zavala Show this information as [XML] U.S. Department of the Interior I U.S. Geological Survey URL: http://mrdata.usgs.gov/geology/state/sgmc-unit.php?unit=TXQal;0 Page Contact Information: Peter Schweitzer Appendix H - Unified Soil Classification System UNIFIED SOIL CLASSIFICATION SYSTEM UNFIED SOL CLASSFICATION AND SYMBOL CHART LABORATORY CL.ASSFICATION CRfTE'RiA C00ASE"AME0 BOAS +o o tAn 5016 0/Aline a:aer t+ai 42 200 aM szo. C;aon t�r.�os rasa lnan S'1�anm., Oda D 71Ms&gaided gam,¢+siueand •s iaN &a.arwoinoa C,11V Cv- fo a~��e+4 Ct � * arlrssn,and] GRAVIEL5 Mas tsan 50% rn Pboaygadsd 4arwK Wa**Md d omaas mlds"'loan orno 6m GP No"Mang All gr+b"m n wfwrmo for GW } � Grwws w1h fhm,Abel Tan 711%±naa, own 6110.4 save see ql $w9arrlLgsa�ss+dskmafims GM 11ri6rglrnasaros'iR' le+a P1 ass tan a AOora*A'dr with P1 oaorm 4 and 1 ors 7>Qd&fsns caers (.c vmv-w�n�Y GC Afabng 1ma Game 71' u gavg me of dual sp*ft 4na grin P,i.grsai&r than 7 Can&ids pass;`en 5!.s,sy 1}fID 020 7Melbgadad arrssa g asaly sands C,= gairso+e♦:Ct a G = asasaen t and 3 SAM$ *lot or no fns SW Df0 >o 50%a mow Sp Poary 9�d saerda Fa'dY rids. d ooass ata or no fnw SP Na 19 ng M grndetanmWeenso for GW fSa rh w! f-e z as Tta 7 71 k f 7rm solo sus + SM SM Aftemig lama aaloer*A* Urrm oofarg n shdad mm Anal or P1 loss town a wAh PI sroaan i mbd 7 ib 9C fJaysY>•nds.a+ffeiy neuCtsM SC Airesg inna abora y1' d0 me"m P1 ganar Plan RNEI>�iAiN 90" J W% a el of rsstsfa+s minor**n No.200 som sew) Oslowil�s patantiepa d gaud astl 4srs7 tool*sM�ats orr Ospsrdhp w oar m'up dtnr{autos scalar tbsMn Io0 s+ws oN, attoepsac sba and vwy*w sawn ciL rack olsns0grsww sea as rasltd aat77wrr SILTS ML 5ss.&Mrofcky rinsssnldi;ordw r Lmovan5ossas......«....«_«-.- ---- -awopstatp ILT sta+r`1e+sagrs aa>totlr We fin 1.2 paeans.......................GW OC,iM,sc CLAYS bwwr0c days of km b msdusn 5n t2 pacwt.«......_....«8aedsrins o>ra s4s iieuar srsaeaa► q q44 jmn CL pwkft gaw�shr ows,—dv days. roa to" �M Sri•Man� PLASTICITY CHART 5016 OL �o and alga=WW clap of ®0 hDRP-1c%A?s rneAcuoks�� CH STS MH daloeamsos/ntrtasdyarulgrsol, _ � A..d7►L CLAYS c'm ksa4n�e oils d IegM dssdX tit Lgud ion Guys � i� art 51116 � a gnsefsr � Qgauc afflrs d nn�lrn to A9A w -- X ogswc t1L8CL lowLY 41 00 to dl JD 4u W Go lu au 9U 7,7(7 pW# PT Pmtaandobw ft"agancsal& LXXW MIT"1x) �� 44 TERMS OESCRBfNG SOIL CONSISTENCY Fsle Grained Soil Coarse Grained Soil Perle4omeler Penevabon ResrAanoe (tescrlogm Rtimam d*wwft-A Descriu6on Relabw Def�ity Solt 0.0 10 t,0 DID 4 Very Loose 01020% Fam 1 D 10 1.5 41c 10 Loose 201040% Stilt 11 b3 3.0 io m 30 IMed m Dense 40 io 70% Vay Stiff 3.010 4.5 30 b 50 Dense 70 io 80% Fiord 4.5+ Over 50 Very Dense 80 to lW% GC-4.04 Underground Facilities THIS PAGE LEFT INTENTIONALLY BLAND CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 SHEET ORIENTATION MAP NTf /. r 'I� / ,✓ i lI G E N D a A&ANOOMED 1nY11Y ` $ ----_--- PMWOSED UIWIIY POTAaF YMTHt �.—.—.— CRY OFFWrWORIH M MMB - '45 nr CITY OF FORI NCRfH CITY OF FORE WORM SSYH RIY� CITY OF FOiR YAi[IN Q r. d 2 NOTES a 8e� 1.AN'0'PRECEDING THE UTILITY TYPE INDICATES AN OVERHEAD H dOD iN"A 3�+pm �\ w UTILITY Q.E.-OE1' OVERHEAD ELECTRIC) �88�0 ■A.9R0 PwE eo0,9�uL ` �� ��—r -�— � � Q I I C e C CONSTRUCTION NOTES " _I NOTE: CONTRACTOR SHALL PROTECT ALL EXISTING UTILITIES,TREES, 3 FENCES,RETAINING WALLS AND STRUCTURES UNLESS OTHERWISE NOTED. THE CONTRACTOR SRNl CONTACT THE FOLLOWING AT LEAST 48 HOURS t I PRIOR TO EXCAVATING AT EACH LOCATION: p _ AT&T 1-800-878-8711 FORT WORTH WATER DEPT.-FIELD OPERATIONS(817)871-8296 FORT WORTH T&PW (817)871-8100 Ip ATM GS ENERGY (817)215-4366 W ONCOR GAS&ELECTRIC(817)215-6214 Txu ENERGY 1-800-233-2133 1 dI SBC TELEPHONE(817)338-6819 n CHARTER COMM. (817)509-6272 EXT.3363 N V +"- ALL OTHER FACILITIES 1-800-0IG-TESS HORIZONTAL&VERTICAL CONTROL o e N I Cl DOE X7007 MAPSCO N0. 362-E4 " I _ CRY PROJECT/01605 2 TPW PR0.IEC7 P227-531200-2072801805-30 - _ 1 WSEWER PROJECT+NSA f N/A W A CTTY OF FORT WORTH,TEXAS 2 T TRANSPORTATION AND PUBLIC WORKS a o � ` TRANSPORTATION PROGRAMNUNG &CAPITAL PROJECTS DIVISION + LOWER COMO EROSION IMPROVEMENTS 2 S.U.E. DRAWING o E —ALBA m mg-- p 4 " THIS DOCUMENT IS FOR INTERIM REVIEW 0 _ AND ? MEN INT£NpEB FOR CONSTRUCTION, b -'� BIDDING OR PERMIT PURPOSES. goon T.Redin er p Dale:Na. 97 97 9 d. +; 4/15/2014 2 ® T A Dj� rIF t�� �1 ;nie9,rt� i environmental solutions 14 January 2014 Mr.Richard W. DeOtte,P.E.,CFM DeOtte,Inc. 395 W.State Highway 114,Suite 400 Southlake,Texas 76092 Re: Section 404 of the Clean Water Act Compliance Lower Como Project,Fort Worth,Tarrant County,Texas Mr.DeOtte, Integrated Environmental Solutions, LLC (IES) performed a survey to evaluate whether the proposed improvements to Lower Como Creek are in compliance with the requirements of Section 404 of the Clean Water Act (CWA) and determine whether a pre-construction notification (PCN) would be required. The section of Lower Como Creek where the improvements are proposed is between Merrick Street and West Vickery Boulevard,Fort Worth,Tarrant County,Texas(Attachment A) Proposed Project Description There are three project areas along Lower Como Creek that are planned for erosion improvements. Project Area A will include the replacement of a concreted lined section of the creek that is eroding. The current concrete will be removed and replaced with a combination of block rock wall and articulating block mat Project Areas B and C will be bank stabilization activities. These two section of the creek are highly eroding and causing safely issues for the residents living adjacent to the creek The improvements will involve the re- grading the slopes and armoring the graded slopes with Pyramat erosion control blanket,or some equivalent The project designs are included in Attachment B. Representative photographs of the project site are included in Attachment C. Section 404 Permitting Project Area A Based on the proposed conceptual plans, Project Area A could be permitted under NWP 3 - Maintenance. NWP 3 allows for the repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure,or fill,provided that the structure or fill is not to be put to use differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification (Attachment D). Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation,or replacement are authorized. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project or within the boundaries of the structure or fill. As mentioned earlier the project will remove and replace the concrete with a block rock wall and articulating block mat, as such Project Area A could be authorized under NWP 3 with no notification to the Corp. Integrated Environmental Solutions,LLC. 2150 South Central Expressway,Suite 110 McKinney,Texas 75070 www.intenvsol.com Telephone:972.562.7672 Facsimile:972.562.7673 Mr.Richard DeOtte Lower Como Nationwide Permit Assessment 14 January 2014 fte 2 Project Area 8 and Project Area C Based on the proposed plans, Project Area B and C could be authorized under NWP 13 - Bank Stabilization. NWP 13 - Bank Stabilization. NWP 13 authorizes activities necessary for erosion prevention, provided the activity meets all of the following criteria(see Attachment D): A) No material is placed in excess of the minimum needed for erosion protection; B) The activity is no more than 500 feet in length along the bank,unless this criterion is waived in writing by the district engineer; C) The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the OHWM or the high tide line, unless this criterion is waived in writing by the district engineer; D) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless this criterion is waived in writing by the district engineer; E) No material is of the type,or is placed in any location,or in any manner,to impair surface water flow into or out of any water of the United States; F) No material is placed in a manner that will be eroded by normal or expected high flows(properly anchored trees and treetops may be used in low energy areas);and G) The activity is not a stream channelization activity. Based on General Condition 31 a pre-construction notification would be required if there is a discharge in a special aquatic site (i.e., wetland); the activity will impact a water of the United States for greater than 500 linear feet of bank (in total of both all banks); and/or the activity exceeds an average of one cubic yard per running foot placed along the bank below the OHWM. Based on these requirements, the proposed Project Area B and Project Area C designs would comply with the PCN requirements and would not require a PCN based on the following information: • There are no wetlands or special aquatic sites within the project area,so there will be no discharge into such water features. • The length of the project along the bank of the channel will be 270 linear feet,which is less the 500- foot threshold. • The bank stabilization activities will have a total average of 0.28 cubic yard per running foot (74.9 cubic yards over the 270 linear feet) placed along the bank below the plane of the OHWM which is less than the 1 cubic yard per running foot threshold. IES appreciates the opportunity to work with you,on this project and hope we may be of assistance to you in the future. If you have any comments, questions, or concerns, please do not hesitate to contact me at 972/562-7672(rreinecke(&in envcol com). Sincerely, Integrated Environments olutions,LLC. R di Reinecke Environmental Specialist Attachments !ES Project Number 04.183.007 Diaz Ave toyer Houghton Ave 3 Tar, ce 0 f, Co n ty W"'681 6Y Ave d� m A o � Fletcher Ave W C w C 10 Bonnell Ave U) Project Kilpatrick Ave Area C '' q Project et vi Goodman Ave Area B Ci 5 Project ��e*i Libbey Ave Area A <J, q` e 40 U) Blackmore Ave m e/! 01 � Z Humbert Ave - Ed Collett Farnsworth Ave Parkoet` +1� Helmick Ave - Figure 1 ® Project Areas N General Location Map W E S County: Tarrant State: Texas Date map created: 2/14/2013 1 inch = 500 feet Source: ESRI 10 0 385 770 1,540 Streetmap North America Feet Pr jec a , d Pr 'ems J rea B iM d - 1 1 � y Y Project i r r . , m { lot Figure 2 Project Areas N Aerial Photograph of the Project Area w E S County: Tarrant State: Texas Date map created: 2/14/2013 1 inch = 200 feet Source: 2012 USDAAerial 0 150 300 600 Photograph Tarrant County Feet r*7I.�s dl AIIIL oi IS 3 1 �.• i� i- i ^r i 1 . K Photograph 9 NATIONWIDE PERMIT 3 Maintenance Effective Date: March 19,2012 (NWP Final Notice, 77 FR 10 184) Maintenance. (a) The repair, rehabilitation, 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 from 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, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project or within the boundaries of the structure or fill. This NWP also 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 existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) and/or 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 vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther 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 area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. The placement of new or additional 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 temporary 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 fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize 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 31). 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 404) 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 Note: To qualify for NWP authorization,the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs,has been and is on notice that all of the provisions of 33 CFR §§ 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR § 330.5 relating to the modification, suspension,or revocation of any NWP authorization. 1. Navigation. (a)No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration,of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers,to remove,relocate, or alter the structural work or obstructions caused thereby, without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction(e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization 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 authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers.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 responsible for the designated Wild and Scenic River or study river(e.g.,National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rights.No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a)No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect"a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c)Non-federal permittees must submit a pre-construction notification to 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 threatened species or designated critical habitat,the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity"may affect" or will have"no effect"to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the 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. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation 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, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of"take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) 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 world wide web pages at http://www.fws.gov/or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places(see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts,the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR §800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer will notify the non- Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k))prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation(ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include,NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, 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. 23. Mitigation.L The district engineer will consider the following factors when determining 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 for resource losses) 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 be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, 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. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) 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. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)-(14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements(e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements)may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d)For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement,or preservation, 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 greater than 1/2-acre of waters of the United States,even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary,to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, 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 address documented water quality or aquatic habitat loss concerns. Normally,the riparian area will be 25 to 50 feet wide on each side of the stream,but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters,then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation(e.g.,riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of 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 programs, or separate permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources,permittee-responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation,the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (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. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. .Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously 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. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-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. 28. 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. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards,will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a)A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3)to confirm that the permittee secured the appropriate number and resource type of credits; and (c)The signature of the permittee certifying the completion of the work and mitigation. 31. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification(PCN)as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete,notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule,district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1)He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties,the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been 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 may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1)Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; 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 district engineer to determine that the adverse effects 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 results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result 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, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) 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, 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 eligible 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 vicinity map indicating the location of the historic property.-Federal applicants must provide documentation demonstrating compliance 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 concerning 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. (2)For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43,44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre-construction notification,the district engineer will immediately provide (e.g.,via e- mail, facsimile transmission,overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices(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 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. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. D. District Engineer's Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project,this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss),the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region(e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 2. 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 district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity 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 minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project 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, including any activity-specific conditions added to the NWP authorization by the district engineer. 3. 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: (a) 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; (b)that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or(c)that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment,the activity will be authorized within the 45-day PCN period, with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a 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 or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. E. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2.NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3.NWPs do not grant any property rights or exclusive privileges. 4.NWPs do not authorize any injury to the property or rights of others. 5.NWPs do not authorize interference with any existing or proposed Federal project. F. Definitions Best management practices(BMPs): Policies,practices,procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory mitigation: The restoration(re-establishment or rehabilitation), establishment(creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance,but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. 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. j)hemeral 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. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria(36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Interiiiaent stream: An intermittent stream 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 resulting from activities eligible for exemptions under Section 404(f)of the Clean Water Act are not considered when calculating the loss of waters of the United States. 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 water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or flowing water is either non-emergent, sparse,or absent. Vegetated shallows are considered to be open waters. Examples of"open waters" include rivers, streams, lakes, and ponds. Ordinary 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 appropriate means that consider the characteristics of the surrounding 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 in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize Pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish 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 linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term "single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody)at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear project: For non-linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility(see definition of"independent utility"). Single and complete non-linear projects may not be "piecemealed" to avoid the limits in an NWP authorization. Stormwater mana eg ment: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e.,by reducing the concentration of nutrients, sediments,hazardous substances and other pollutants)of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized 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 inundated 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. If a jurisdictional wetland is adjacent—meaning bordering, contiguous, or neighboring—to a waterbody determined to be a water of the United States under 33 CFR 328.3(a)(1)-(6),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 19,2012,and expires on March 18,2017. Information about the U.S.Army Corps of Engineers regulatory program,including nationwide permits,may also be accessed at ho://www.swf.usace.armv mil/re ug latory or hn://www usace army mil/Missions/CivilWorks/Regulg!MProgmmandPermits aspx NATIONWIDE PERMIT (NWP) REGIONAL CONDITIONS FOR THE STATE OF TEXAS The following regional conditions apply within the entire State of Texas: 1. Compensatory mitigation is required at a minimum one-for-one ratio for all special aquatic site losses that exceed 1/10 acre and require pre-construction notification(PCN), and for all losses to streams that exceed 300 linear feet and require PCN, unless the appropriate 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. 2. For all discharges proposed for authorization under nationwide permits (NWP) 3, 6, 7, 12, 14, 18, 19, 25, 27,29, 39, 40, 41,42, 43, 44, 51, and 52, into the following habitat types or specific areas,the applicant shall notify the appropriate District Engineer in accordance with the NWP General Condition 31, Pre-Construction Notification(PCN). The Corps of Engineers (Corps), except for the Tulsa District,will coordinate with the resource agencies as specified in NWP General Condition 31(d) (PCN). The habitat types or areas are: a. Pitcher Plant Bogs: Wetlands typically characterized by an organic surface soil layer and include vegetation such as pitcher plants &Macenia sp.), sundews Drosera sp.), and sphagnum moss fthagnum sp.). b. Bald Cypress-Tupelo Swamps: Wetlands comprised predominantly of bald cypress trees Taxodium distichum), and water tupelo trees (Nyssa gquatica), that are occasionally or regularly flooded by fresh water. Common associates include red maple Acer Mbrum), swamp privet Forestiera acuminata), green ash Fraxinus pennsylvanica)and water elm (Planera a uatica). Associated herbaceous species include lizard's tail Saururus cernuus), water mermaid weed (Proserpinaca spp.), buttonbush(Cephalanthus occidentalis) and smartweed (Pol ggonum spp.). (Eyre, F. H. Forest Cover Types of the United States and Canada. 1980. Society of American Foresters, 5400 Grosvenor Lane, Bethesda, Maryland 20814-2198. Library of Congress Catalog Card No. 80-54185) 3. For all activities proposed for authorization under NWP 12 that involve a discharge of fill material associated with mechanized land clearing in a forested wetland, the applicant shall notify the appropriate District Engineer in accordance with the NWP General Condition 31 (Pre- Construction Notification) prior to commencing the activity. 4. For all activities proposed for authorization under NWP 16,the applicant shall notify the appropriate District Engineer in accordance with the NWP General Condition 31 (Pre- Construction Notification), and work cannot begin under NWP 16 until the applicant has received written approval from the Corps. The followinE reeional conditions apply only within the Fort Worth District in the State of Texas: 5. For all discharges proposed for authorization under all NWPs, into the area of Caddo Lake within Texas that is designated as a"Wetland of International Importance"under the Ramsar Convention,the applicant shall notify the Fort Worth District Engineer in accordance with the NWP General Condition 31. The Corps will coordinate with the resource agencies as specified in NWP General Condition 31(d) (Pre-Construction Notification). 6. For all discharges proposed for authorization under NWP 43 that occur in forested wetlands, the applicant shall notify the Fort Worth District Engineer in accordance with the General Condition 31 (Pre-Construction Notification). 7. For all discharges proposed for authorization under any nationwide permit in Dallas, Denton, and Tarrant Counties that are within the study area of the"Final Regional Environmental Impact Statement(EIS),Trinity River and Tributaries"(May 1986),the applicant shall meet the criteria and follow the guidelines specified in Section III of the Record of Decision for the Regional EIS, including the hydraulic impact requirements. A copy of these guidelines is available upon request from the Fort Worth District and at the District website www.swf.usace.anny.mil(select "Permits"). 8. Federal Projects. The applicant shall notify the Forth Worth District Engineer in accordance with the NWP General Condition 31,Pre-Construction Notification(PCN) for any regulated activity where the applicant is proposing work that would result in the modification or alteration of any completed Corps of Engineer projects that are either locally or federally maintained and for work that would occur within the conservation pool or flowage easement of any Corps of Engineers lake project. PCN's cannot be deemed complete until such time as the Corps has made a determination relative to 33 USC Section 408, 33 CFR Part 208, Section 208.10, 33 CFR Part 320, Section 320.4. 9. Invasive and Exotic Species. Best management practices are required where practicable to reduce the risk of transferring invasive plant and animal species to or from project sites. Information concerning state specific lists and threats can be found at: http://www.invasive%Leciesinfo.gov/unitedstates/tx.shtml. Best management practices can be found at: http://www.invasivespgciesinfo.gov/toolkit/prevention.shtml. Known zebra mussel waters within can be found at: http://nas.er.usgs.gov/q ueries/zmbvst.asp. 10. For all discharges proposed for authorization under NWPs 51 and 52,the Corps will provide the PCN to the US Fish and Wildlife Service as specified in NWP General Condition 31(d)(2) for its review and comments. NATIONWIDE PERMIT 13 Bank Stabilization Effective Date: March 19,2012 (NWP Final Notice, 77 FR 10 184) Bank Stabilization. Bank stabilization activities necessary for erosion prevention, provided the activity meets all of the following criteria: (a)No material is placed in excess of the minimum needed for erosion protection; (b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (c) The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (e)No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States; (f)No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, (g) The activity is not a stream channelization activity. This NWP also authorizes temporary structures, fills, and work necessary to construct the bank stabilization activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, 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 fills must be revegetated, as appropriate. Invasive plant species shall not be used for bioengineering or vegetative bank stabilization. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the bank stabilization activity: (1) involves discharges into special aquatic sites; or (2) is in excess of 500 feet in length; or(3) will involve the discharge of greater than an average of one cubic yard per running foot along the bank below the plane of the ordinary high water mark or the high tide line. (See general condition 31.) (Sections 10 and 404) Nationwide Permit General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs,has been and is on notice that all of the provisions of 33 CFR §§ 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR § 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a)No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal,relocation, or other alteration,of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers,to remove, relocate, or alter the structural work or obstructions caused thereby,without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area,unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3.'Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction(e.g., through excavation, fill, or downstream smothering by substantial turbidity)of an important spawning area are not authorized. 4. Migratory Bird Breeding_Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g.,trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization 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. 1 I. 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 authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. 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 responsible for the designated Wild and Scenic River or study river(e.g.,National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rialits.No activity or its operation may impair reserved tribal rights, including, but not limited to,reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a)No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect"a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b)Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c)Non-federal permittees must submit a pre-construction notification to 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 threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity"may affect" or will have"no effect"to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the 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. If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (d)As a result of formal or informal consultation 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, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass,harm, pursue,hunt, shoot, wound, kill,trap,capture,or collect, or to attempt to engage in any such conduct. The word"harm" in the definition of"take"means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) 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 world wide web pages at http://www.fws.gov/or htt.p://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19. Mi rg atory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take"permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such"take"permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act(NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR§800.3(a)). If NHPA section 106 consultation is required and will occur,the district engineer will notify the non- Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k))prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation(ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include,NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate,after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39,40, 42, 43, 44,49, 50, 51, and 52 for any activity within,or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b)For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23,25,27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, 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. 23. Mitifzation. The district engineer will consider the following factors when determining 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 for resource losses) 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 be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, 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. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) 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. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) —(14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, 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 greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary,to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f)Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment,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 address documented water quality or aquatic habitat loss concerns.Normally,the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters,then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site,the district engineer will determine the appropriate compensatory mitigation(e.g.,riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of 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 programs, or separate permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources,permittee-responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation,the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (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. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed,the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Qualfty. Where States and authorized Tribes, or EPA where applicable, have not previously 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. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur(see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-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. 28. 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. 29. Transfer of Nationwide Per.-nit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a)A statement that the authorized work was done in accordance with the NWP authorization, including any general,regional,or activity-specific conditions; (b)A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements,the certification must include the documentation required by 33 CFR 332.3(1)(3)to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre-Construction Notification. (a)Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification(PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete,notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties,the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or"no potential to cause effects"on historic properties, or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation(see 33 CFR 330.4(g))has been 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 may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b)Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1)Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; 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 district engineer to determine that the adverse effects 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 results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result 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, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) 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, 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 eligible 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 vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance 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 concerning 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. (2)For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42,43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre-construction notification,the district engineer will immediately provide (e.g.,via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices(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 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. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act. (4)Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. D. District Engineer's Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project,this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13,21, 29, 36, 39, 40,42,43,44, 50, 51 or 52,the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 2. 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 district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity 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 minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project 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, including any activity-specific conditions added to the NWP authorization by the district engineer. 3. 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: (a) 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; (b)that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or(c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period, with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a 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 or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. E. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2.NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3.NWPs do not grant any property rights or exclusive privileges. 4.NWPs do not authorize any injury to the property or rights of others. 5.NWPs do not authorize interference with any existing or proposed Federal project. F. Definitions Best management practices(BMPs): Policies,practices,procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural. Compensatory miti ag tion: The restoration(re-establishment or rehabilitation), establishment(creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance,but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. 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. High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria(36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Intermittent stream: An intermittent stream 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 resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. 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 water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of"open waters" include rivers, streams, lakes, and ponds. Ordinga 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 appropriate means that consider the characteristics of the surrounding 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 in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1)Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize Pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems,through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish 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 linear roject: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term "single and complete project" is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear project: For non-linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility(see definition of"independent utility"). Single and complete non-linear projects may not be "piecemealed" to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes,. A channelized 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 inundated 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. Waterbodv: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a jurisdictional wetland is adjacent—meaning bordering, contiguous, or neighboring—to a waterbody determined to be a water of the United States under 33 CFR 328.3(a)(1)-(6),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 19,2012,and expires on March 18,2017. Information about the U.S.Army Corps of Engineers regulatory program, including nationwide permits,may also be accessed at hM2://www.swf.usace.g=.mil/reolatory or hqp•//www usace.g=.mil/Missions/CivilWorks/Re ug latoiyProgmmandPennits.aspx NATIONWIDE PERMIT (NWP) REGIONAL CONDITIONS FOR THE STATE OF TEXAS The following reeional conditions apply within the entire State of Texas: 1. Compensatory mitigation is required at a minimum one-for-one ratio for all special aquatic site losses that exceed 1/10 acre and require pre-construction notification(PCN), and for all losses to streams that exceed 300 linear feet and require PCN, unless the appropriate 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. 2. For all discharges proposed for authorization under nationwide permits(NWP) 3, 6, 7, 12, 14, 18, 19, 25, 27, 29, 39, 40, 41,42,43, 44, 51,and 52, into the following habitat types or specific areas,the applicant shall notify the appropriate District Engineer in accordance with the NWP General Condition 31, Pre-Construction Notification(PCN). The Corps of Engineers(Corps), except for the Tulsa District,will coordinate with the resource agencies as specified in NWP General Condition 31(d)(PCN). The habitat types or areas are: a. Pitcher Plant Bogs: Wetlands typically characterized by an organic surface soil layer and include vegetation such as pitcher plants (Sarracenia sp.), sundews (Drosera sp.), and sphagnum moss (Sphagnum sp.). b. Bald Cypress-Tupelo Swamps: Wetlands comprised predominantly of bald cypress trees (Taxodium distichum), and water tupelo trees (N yss;a uatica), that are occasionally or regularly flooded by fresh water. Common associates include red maple (Acer rubrum), swamp privet Forestiera acuminata), green ash (Fraxinus pennsylvanica) and water elm (Planer a a uatica). Associated herbaceous species include lizard's tail (Saururus cernuus), water mermaid weed (Prose inaca spp.), buttonbush (Cephalanthus occidentalis) and smartweed (Poly onum spp.). (Eyre, F. H. Forest Cover Types of the United States and Canada. 1980. Society of American Foresters, 5400 Grosvenor Lane, Bethesda, Maryland 20814-2198. Library of Congress Catalog Card No. 80-54185) 3. For all activities proposed for authorization under NWP 12 that involve a discharge of fill material associated with mechanized land clearing in a forested wetland, the applicant shall notify the appropriate District Engineer in accordance with the NWP General Condition 31 (Pre- Construction Notification) prior to commencing the activity. 4. For all activities proposed for authorization under NWP 16, the applicant shall notify the appropriate District Engineer in accordance with the NWP General Condition 31 (Pre- Construction Notification), and work cannot begin under NWP 16 until the applicant has received written approval from the Corps. The following regional conditions apply only within the Fort Worth District in the State of Texas: 5. For all discharges proposed for authorization under all NWPs, into the area of Caddo Lake within Texas that is designated as a"Wetland of International Importance" under the Ramsar Convention, the applicant shall notify the Fort Worth District Engineer in accordance with the NWP General Condition 31. The Corps will coordinate with the resource agencies as specified in NWP General Condition 31(d) (Pre-Construction Notification). 6. For all discharges proposed for authorization under NWP 43 that occur in forested wetlands, the applicant shall notify the Fort Worth District Engineer in accordance with the General Condition 31 (Pre-Construction Notification). 7. For all discharges proposed for authorization under any nationwide permit in Dallas, Denton, and Tarrant Counties that are within the study area of the "Final Regional Environmental Impact Statement (EIS), Trinity River and Tributaries" (May 1986), the applicant shall meet the criteria and follow the guidelines specified in Section III of the Record of Decision for the Regional EIS, including the hydraulic impact requirements. A copy of these guidelines is available upon request from the Fort Worth District and at the District website www.swf.usace.gM.mil (select "Permits"). 8. Federal Projects. The applicant shall notify the Forth Worth District Engineer in accordance with the NWP General Condition 31, Pre-Construction Notification(PCN) for any regulated activity where the applicant is proposing work that would result in the modification or alteration of any completed Corps of Engineer projects that are either locally or federally maintained and for work that would occur within the conservation pool or flowage easement of any Corps of Engineers lake project. PCN's cannot be deemed complete until such time as the Corps has made a determination relative to 33 USC Section 408, 33 CFR Part 208, Section 208.10, 33 CFR Part 320, Section 320.4. 9. Invasive and Exotic Species. Best management practices are required where practicable to reduce the risk of transferring invasive plant and animal species to or from project sites. Information concerning state specific lists and threats can be found at: http://www.invasive%ppciesinfo.gov/unitedstates/tx.shtml. Best management practices can be found at: http://www.invasivespeciesinfo.gov/toolkit/prevention.shtml. Known zebra mussel waters within can be found at: http://nas.er.usgs ov/queries/zmbyst.asp. 10. For all discharges proposed for authorization under NWPs 51 and 52,the Corps will provide the PCN to the US Fish and Wildlife Service as specified in NWP General Condition 31(d)(2) for its review and comments. GC-6.06.1) 1 Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July,1,2011 FORT WORTH City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR OFFERORS APPLICATION OF POLICY If the total dollar value of the contract is$50,000 or more,then a MBE subcontracting goal is applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this project is `Yo of the base bid value of the contract. Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Forrn to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or; 3. Good Faith Effort documentation,or: 4. Prime Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Purchasing Division, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received no later than 2:00 p.m., on the second City business day met or exceeded: after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if participation is less than after the bid opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if no MBE participation: after the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day perform all subcontracting/supplier work: after the bid opening date, exclusive of the bid opening date. 5. Joint Venture Form, if goal is met or received no later than 2:00 p.m., on the second City business day exceeded: after the bid opening date, exclusive of the bid openin2 date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION PERIOD OF THREE YEARS. Any questions, please contact the M/WBE Office at(817)212-2674. Rev.2/10/15 ATTACHMENT IA Page 1 of 4 FORT WORTH City of Fort Worth MBE Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime AUSTIN FILTER SYSTEMS, INC. PROJECT NAME: NON-M//WDBE Lower Como Creek Erosion Control Improvements BID DATE Thurs, April 14, 2016 @ 1:30pm City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER 11.00 % 11 .00 Rio 01605 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 opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE 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 1considered non-responsive to bid specifications MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise 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 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the prime will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MBE owner-operators, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement, Rev.5/30/12 FOR�TWORTH ATTACHMENT 1A �I■i�� Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firm's SBE certification if they have not previously registered with the City's M/WBE Office,which may be contacted for verification. Please note that only certified MBEs will be counted to meet an MBE goal. Attach N NCTRCA Certificate ° SUBCONTRACTORISUPPLIER T n Detail Detail Company Name I Subcontracting Supplies Dollar Amount Address e M W s M Work Purchased Telephone/Fax r B B B B E E E E DFW Aggregates Haul ing PO Box 732148 Dallas, TX 75373 1 ✓ ❑ 1:1 $ 22,918.40 214/217-2107 Enviromental Safety Install Services, Inc. Articul . 2652 FM 407, Ste.235 1 ✓ ❑ Concrete $ 34,320.00 Bartonville, TX 76226 Block 940/455-2660 SI Precast Concrete Block 5203 IH 45 $ 46,287.00 Ennis, TX 75119 D Retaining Wall 972/875-9605 Chico Limestone, Inc. PO Box 636 Aggregates $ 6,220.50 Bridgeport, TX 76426 ❑ E T: 940/683-4996 F: 940/683-4924 T-Bar Fence, Inc. Fence & 1912 Payco Dr. S. Gate Arlington, TX 76001 1 ❑ El Installed 12,428.00 T: 817/467-0412 F: 817-467-7330 Ge0 Solutions, Inc. 510 Fountain Pkwy, # B Slope Grand Prairie, TX 75050 1:1 1:1 Stabilization $ 31,525.00 T: 940/452-3443 Mat Rev.5/30/12 FOR" rH ATTACHMENT 1A i Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. Please list MBE firm's first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firms SBE certification if they have not previously registered with the City's M/WBE Office which may be contacted for verification. Please note that only certified MBEs will be counted to meet an MBE qoal. Attach N NCTRCA Certificate o SUBCONTRACTOR/SUPPLIER T n Detail Detail Company Name i Subcontracting Supplies Dollar Amount Address e M W S M Work Purchased Telephone/Fax r B B B B E E E E F] El Rev.5/30/12 ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers $ $ 57,238.40 Total Dollar Amount of Non-MBE Subcontractors/Suppliers $ $ 96,460.50 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ $ 153,698.90 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval of Change/Addition form. 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 MBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror 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 participating on the contract that will substantiate the actual work performed by the MBE(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 creates a material breach of the contract and may result in a determination of an irresponsible Offeror a debarment from participating in City work for a period of time not less than one (1) year. Mark Toungate Auth razed Signature Printed Signature President President Me Contact Name/Tltle(if different) Austin Filter Systems, Inc. 512/331-6673 / 512/331-6687 Company Name Telephone and/or Fax 13653 Rutledge Spur mark @austinfiltersystems.com Address E-mail Address Austin, TX 78717-1016 April 15, 2016 CwStatefzip Date Rev.5/30/12 2013 PREVAILING WAGE RATES (Commercial Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling Installer Helper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 Electrician(Journeyman) $ 19.63 Electrician Apprentice(Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building Assembler Helper $ 12.00 Metal Installer(Miscellaneous) $ 13.00 Metal Installer Helper(Miscellaneous) $ 11.00 Metal Stud Framer $ 16.12 Metal Stud Framer Helper $ 12.54 Painter $ 16.44 Painter Helper $ 9.98 Pipefitter $ 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Page 1 of 2 Reinforcing Steel Setter Helper $ 11.08 Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Steel Worker Structural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane,Clamsheel, Backhoe, Derrick, D'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 16.77 Welder $ 19.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry(Fall 2012)Independently compiled by the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's(The Construction Association)website. www.texoassociation.org/Chapter/wagerates.asp Page 2 of 2 GC-6.09 Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Lower Como Erosions Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01605 Revised July 1,2011 GC-6.24 Nondiscrimination THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I,2011 City Project No.01605 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Lower Como Erosion Control Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I,2011 City Project No.01605